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TERMS OF USE

AGREEMENT TO TERMS

1   TERMS


1.1   These Terms and Conditions constitute an agreement made between you and Frances Norton (trading as Frances McMahon Watercolour Bird Artist) located at 23/69 Morrison Street, Kambah ACT 2902, AUSTRALIA (I, me, my), concerning your access to and use of the Frances McMahon Watercolour Bird Art website (http://www.francesmcmahon.com) as well as any related applications (the Site).

1.2   The Site provides the following:
a) Online portfolio to show my artwork;
b) Purchase of Giclee Prints, Greeting Cards, Open Edition Prints and Calendars from me.
c) Information about me, such as (but not limited to) my curriculum vitae, latest news, testimonials, and other relevant information.
You agree that by accessing the Site, you have read, understood, and agree to be bound by these Terms and Conditions.

1.3   You may not access or use the Site for any purpose other than that for which I make the site and my services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by me.

1.4   I reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you; you confirm that I shall not be liable to you or any third party for any modification to or withdrawal of the website.

1.5   I reserve the right to change these conditions from time to time; your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check to determine whether the conditions have been changed.


2   ACCEPTABLE USE

2.1   All copyright is strictly retained by the artist, Frances McMahon. Images (including the Crimson Chat logo) must not be resold or reproduced without the artist’s written permission, a licensing contract and/or payment of fees or royalties to Frances McMahon.

2.2   No part of the Site, Services or My Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without my express prior written permission.

3   CONTENT

3.1   The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

3.2   Provided that you are eligible to use the Site, you are granted a
limited licence to access and use the Site and My Content and to download or print a copy of any portion of the Content to which you have properly gained access and permission solely for your personal, non-commercial use.

3.3   Every care has been taken to show the artwork and products as accurately as possible with regard to size and colour. The images you see may be different due to slight variation between browsers, devices and screen settings. Any variation between the image represented and the actual artwork is not deemed a fault and such inconsistencies will not be a valid reason for return.

3.4   There may be opportunities for you to post content to the Site or send feedback to me (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.

4   LINKS TO THIRD PARTY CONTENT

4.1   The Site may contain links to websites or applications operated by third parties. I do not have any influence or control over any such third party websites or applications or the third party operator. I am not responsible for any third party websites or applications or their availability or content.

4.2   I accept no responsibility for advertisements or links contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. 


5   SALES

5.1   Any items listed may be withdrawn from sale at any point by the artist for reasons such as, but not limited to; sale elsewhere, seasonal suitability (such as the calendar) or third party printing costs.

5.2   If you purchase physical goods from the Site, my terms and conditions of supply will apply to the sales.


6   SECURITY OF DATA

6.1   I will take all reasonable care, in do far as it is in my power to do so, to keep the details of your order and payment secure. I use a secure external payment process. In the absence of negligence on my part I cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when ordering from the website.

Additional policies which also apply to your use of the Site include the PRIVACY POLICY, which sets out the terms on which I process any personal data I collect from you, or that you provide to me. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate. 


7   SITE MANAGEMENT

7.1  I do not guarantee that the Site will be secure or free from bugs or viruses.

7.2   You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

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© 2025 Frances McMahon. All rights reserved.

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