Welcome to Partial.
Partial Gallery is an online art platform that connects people with Original and Local art. Partial is an access point for art newbies and fans of emerging artists to connect with and discover artists, enable people to experience art in their homes and offices, and empower artists as entrepreneurs.
You can think of Partial as an online art fair.
Artists (the “Artists”, and each an “Artist”) can make their art (such as paintings, drawings, prints, photography, and sculptures) (“Art”) available for purchase or rental through Partial Gallery’s online platform.
Buyers and renters (the “Customers”, and each a “Customer”) can use Partial Gallery to browse and search for available Art, and make reservations for renting Art (“Rent”), rent-to-buy Art (“Rent-to-Buy” or “Rent-to-Own”), or outright purchase Art (“Purchase”).
PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY BEFORE USING, ACCESSING OR BROWSING ANY PARTIAL GALLERY PROPERTIES OR SERVICES. THESE TERMS OF SERVICE CONTAIN LEGAL OBLIGATIONS AND FORM AN AGREEMENT BETWEEN YOU (“YOU” HEREIN INCLUDES UNREGISTERED USERS, CUSTOMERS AND ARTISTS) AND PARTIAL INC. ("PARTIAL", “PARTIAL GALLERY”, “US” or "WE").
Your use of the Services constitutes your acceptance of the Terms of Service and creates a legally enforceable relationship between you and Partial. Partial reserves the right, in its sole discretion, to update or modify any part of these Terms of Service, in whole or in part, at any time. Your continued use of the Services constitutes your acceptance of the updated Terms of Service.
Registration and Subscription Accounts
In order to access certain features of the Services, you must create a registration and become a member (each a “Member” or collectively the “Members”), as either an Artist or Customer. If you are not a Member, you may browse all areas of the Services other than those limited to Members.
To become a Member and access the Services, you must be over the age of majority in your jurisdiction.
You agree to provide accurate, current, and complete information during the registration process, and to update such information as necessary. Partial reserves the right to suspend or terminate your registration account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. Partial reserves the right, but does not have an obligation, to review your registration account to verify your registration information.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your registration account, whether or not you have authorized such activities or actions. You will immediately notify Partial of any unauthorized use of your registration account.
You will continue to be bound by these Terms of Service for the period that you used the Services.
Customer Account Registration
During the registration process, Customers will be required to provide your first name, last name, and email address, and create a password.
Before finalizing your first Purchase, Rent, or Rent-to-Buy, Customers will be required to provide current and accurate billing information (such as credit card number and billing address). There is no fee to create a Customer Partial Account.
Artist Account Registration and Subscription
Artists may become a Member of Partial by creating an Artist Account and selecting a Subscription Plan: [https://www.partial.gallery/ForArtists].
During the registration process, Artists will be required to provide your first name, last name, address, phone number, email address and create a password. Artists are encouraged to provide additional optional information such as a brief description of yourself, and your interests, passions and artistic methodology.
Subscription Plans may be for an individual Artist, or Organizations representing Artists. Each plan allows Artists to make a certain number (or unlimited) of pieces of Art available for Rent, Rent-to-Own, and/or Purchase, and allows you to archive a certain number (or unlimited) pieces of Art within the Services.
Artists will each receive a personal profile on which they can showcase their Art. Artists will be able to interact with Customers through the Service, customize their personal profile, and access Partial’s Support Desk Team.
Artists will be charged a Subscription Fee on a monthly or annual cycle (based on your selected Subscription Plan) to access the Services. The Subscription Fee, plus any applicable taxes or other fees, will be specified at the time of purchase. Failure to remit payment when due (either after a limited time free trial or upon subscription renewal), will result in immediate deactivation of the Artist account, and all artist data subsequently removed following a 14-Day grace period. The credit card you provide will be charged automatically on a monthly or annual billing cycle. Partial reserves the right to modify or amend the Subscription Fees at any time.
Artists are responsible for providing and maintaining current, complete and accurate contact, taxation, and billing and delivery information. You must contact Partial immediately with any changes to your account information.
An Artist’s Subscription will continue until cancelled. Cancellation or downgrading of a subscription plan will take effect at the start of the next applicable billing cycle. Subscription Fees are non-refundable.
Personal Information, Privacy and Security
Partial uses a third party service provider to process payments, which has been certified to PCI Service Provider Level 1, the most stringent level of certification available in the payments industry. To accomplish this, the third party service provider makes use of best-in-class security tools and practices to maintain a high level of security.
Unregistered users may browse the Services for Art, check the availability of Art for Rent, view the Rental Rate, select a Rental Period.
Customers with a registration account may select the Type of Rental (such as Rental for Home, Business, Staging/Interior Design, or Film/TV Sets), select a Delivery Option (such as Delivery or Pick-Up) and submit their reservation request to Rent specific Art.
Customers will be required to adhere to any requirements of the Artists, such as requiring additional insurance coverage during the Rental Period.
Partial will recommend to the Artist to confirm within 24 hours whether Artist wishes to Rent their Art to the Customer (Partial does not guarantee a response from Artist or Artist’s approval). If the Artist confirms and agrees to Rent to the Customer, the Customer will receive an email confirming the Rent has been accepted, and Customer’s credit card will be charged the Rental Fee, Insurance Fee, any applicable Delivery Fees, applicable taxes, and any other fees in accordance with the fee terms in these Terms of Service and otherwise provided on Partial’s website and the Art/Artist’s profile.
The Rental Period to Rent Art from Partial for Home or Business is 3 months. The minimum rental period for TV/ Film is 1 week. The minimum rental period for Staging/Interior Design is 1 month. The Rental Period options to Rent Art from Partial for Home, Business and Staging/Interior Design are limited to these monthly rentals.
At the conclusion of a Rental Period, Customers may choose (if the Art remains available) to return the Art or purchase the Art, subject to the Artists agreement to sell the Art.
Rent to Own Art
At the conclusion of a Rental Period, Customers may choose (if the Art remains available, and subject to the agreement of the Artist) to Purchase the Art. The amount paid by the Customer for the immediately preceding Rental Period will be deducted from the then current Purchase Fee for the Art.
Customers may pay the remaining Purchase Fee (plus taxes and any other fees) immediately, or in two instalments, the first instalment to be paid immediately on conversion to Rent-to-Own, and the second within three (3) months of the Purchase with a Convenience Fee of 5% paid up-front. In the event that any amount of the Purchase Fee remains unpaid after three (3) months from the Purchase, then a 20% Convenience Fee will be charged on the balance owing.
Unregistered users may browse the Services for Art, check the availability and pricing of Art for Purchase.
Customers with a registration account may view Delivery Option (such as Delivery or Pick-Up), submit their reservation request to Purchase specific Art.
Partial will recommend to the Artist to confirm within 24 hours whether Artist wishes to sell their Art to the Customer (Partial does not guarantee a response from Artist or Artist’s approval).
If the Artist confirms and agrees to permit the Customer to Purchase the Art, the Customer will receive an email confirming that their Purchase has been accepted, and Customer’s credit card will be charged the Purchase Fee, Insurance Fee, any applicable Delivery Fees, applicable taxes, and any other applicable fees in accordance with the fee terms in these Terms of Service and otherwise provided on Partial’s website and in the Artist/Art’s profile.
Partial may offer Members value-added services at an additional fee, such as Insurance review or purchase, Delivery of Art, or Art Inspections. These services will be offered through the Services via Partial’s Customer Care team, and if accepted, your credit card or account will be charged a fee for the service. Value-added services may be subject to separate agreement terms, with Partial or with third-parties.
Partial is responsible only for the administration of the Services, and certain value-added Services you may purchase.
No Responsibility Regarding Art
You agree and understand that Partial is not the Artist of any Art, is not making the Art available for Rent, Rent-to-Own or Purchase, and assumes no responsibility for the Art available on the Services, and can make no representations with respect to the Art, such as the condition of the Art.
Partial is not responsible for, and expressly denies liability for, any depiction, accuracy, completeness, warranty or description of the Art. Member Content, including statements and photographs from Artists are not be construed as co-joined by Partial in any implicit or explicit approval, sponsorship, endorsement or guarantee.
Transactions are between Artists and Customers – No Agreement with Partial
Partial has no involvement in any transaction entered into for this Service. You understand and agree that Partial assumes no responsibility for the conduct, acts or omissions of Artists and Customers in respect of the Service.
All communications in respect of the Rent, Rent-to-Own, or Purchase of Art are solely between the Artists and Customers, including with respect to any warranties and representations, and do not bind Partial. Partial is not a party to any transaction between Artists and Customers in respect of the Services.
Payment to Artist
Partial shall pay all fees, taxes and other amounts owing to the Artist in respect of the Rent, Rent-to-Own, or Purchase of Art through the Services
Partial shall pay Artist within sixty (60) days of the Purchase of Art, subject to any financing agreements, or the termination of a Rental Period of one month or less, or periodically on a monthly basis for Rent periods greater than one month, within sixty (60) days of receipt of payment.
Artist understands and agrees that Partial will not be obligated to pay Artist if Partial has not received payment from Customer, and that Partial will only pay Artist when each of the Artist and Customer affirms that the Art has been transferred to and received by Customer.
Artist understands and agrees that Partial shall deduct from the payment received by Customer its applicable Service Fees (as determined by the Artist’s Subscription Plan) plus any applicable taxes, any additional fees agreed upon and any chargebacks, fees, surcharges, penalties, or expenses required, prior to payment to Artist.
Partial will provide limited insurance (“Partial Insurance”) as follows:
For Purchases of Art, Partial will insure the Art for damage up to $5000.00 CDN in respect of the Delivery of the Art from the Artist to the Customer by the Artist or a recommended delivery company by Partial. Once the Art has been delivered to the Customer, Partial’s Insurance coverage for the Art is terminated. Insurance claims will be reviewed on a case-by-case situation and subject to approval by Partial.
For Rental, Partial will insure the Art for damage up to $5000.00 CDN in respect of the Delivery of the Art from the Artist to the Customer and for the duration of the rental. Once the Art rental has concluded, Partial’s Insurance coverage for the Art is terminated.
For the above insurance, Partial will charge $1.00 per month to the Customer on every transaction on Partial (e.g., on purchase or on monthly rental rates).
Artists may make Art available for Rent, Rent-to-Own and/or Purchase through the Service. The Artist expressly assumes all risk and liability arising from the offer of Art for Rent, Rent-to-Own, or Purchase. Partial has no responsibility for the fulfilment of any Art on the Service.
Developing your Artist Account
Depending on the Subscription Plan you chose, Artists can make available a certain (or unlimited) number of their Art through the Services for Rent, Rent-to-Own, and/or Purchase.
The Artist is responsible for providing descriptions and photographs of Art through the Services. The Artist agrees to provide accurate descriptions and depictions of the Art (the “Artist Content”). For clarity, Artist Content is Member Content.
Artists may set their own Purchase fees for the Art. Partial will suggest potential Rental Rates for the Art, based on the Purchase Fee, but Artists may set their own Rental Rates, based on the Type of Rental and Rental Period. The Artist agrees that Partial, at its sole discretion, may provide Customers with a discount of up to 15% of the Purchase Fee or Rental Fees set by the Artist.
Artists must also provide whether the Artist will charge the Customer for Delivery or Pick-Up of the Art, and whether the Artist requires the Customer to obtain insurance during the Rental Period.
Ownership of Art and Grant of Rights to Partial
Each Artist represents and warrants that you are the copyright owner or licensee of the Art that you make available for Rent, Rent-to-Own, or Purchase to the Service and that you have the unimpaired right to convey the necessary licences in and to the Art to Partial, and to Customers of the Service.
You warrant that the Art has not been created using any pirated or unlicensed content, or other materials that include copyrighted or trade-marked material such that Partial would not be entitled to make use of the Art without a further licence or payment to an intellectual property owner.
You further represent and warrant that the Art is in good condition and free from defects in material, workmanship, and design.
By making Art available to the Service, you hereby grant Partial a royalty-free, revocable, worldwide, non-exclusive licence (but not the obligation) to rent, rent to sell, sell or otherwise transfer ownership, display, promote, present at a public exhibition, perform in public, broadcast and communicate to the public by telecommunication, the Art, for the purpose of facilitating your use of the Service. For clarity, you may remove your Art at any time from the Service. Partial affirms that it acquires no ownership or any other proprietary right, title or interest in the Art.
The Artist is responsible for providing all information in respect of all applicable fees for the Purchase or Rent of Art (including but not limited to Delivery Fees), and insurance requirements for the Art.
Artists are responsible for ensuring that the appropriate taxes are levied in respect of the Art you provide for Rent, Rent-to-Own, or Purchase. Artists agree to provide Partial with correct and up to date tax registration information, and that Partial is relying on the information that the Artist provides in calculating Customer tax obligations and fees. You agree that Partial is not responsible for, and expressly denies any liability for determining, collecting and remitting taxes in respect of the Rent, Rent-to-Own, or Purchase of Art, and the Artist agrees to indemnify Partial from any loss, damage or liability of kind arising in connection with Artist’s failure to provide tax registration information, collect, report or remit any taxes relating to the Rent, Rent-to-Own, or Purchase of Art through the Service, or your breach of or failure to comply with any applicable tax laws.
Service Fees payable to Partial
When an Artist makes Art available through the Service, the Artist will determine a fee for the Purchase or Rent of the Art. The Artist agrees and understands that in exchange for providing the Service, Partial shall be paid a percentage of the fee payable for each Rent (including Rent-to-Buy) or Purchase of Art through the Service (the “Service Fee”), plus any applicable taxes. The Service Fee per Art, per transaction, shall be disclosed to the Artist when the Art is made available by the Artist through the Service. The Artist agrees that Partial will deduct the Service Fee from the amount paid by the Customer to the Artist for the Service. In the event Partial or a Customer’s insurance pays for the Art, the Artist agrees that Partial will deduct its Service Fee from the insurance amount payable to the Artist.
Artists and Customers understand and agree that the Service is being provided by Partial as a Service to connect Artists and Customers, and that it is dependent upon Service Fees. Artists and Customers are required to use the Service for all transactions related to the Art made available on the Service. In the event Artists and Customers choose to transact in respect of the Art independent of the Service, the Artist agrees that Partial shall be entitled to its Service Fee and shall invoice Artists accordingly.
Artwork Release for Audiovisual Productions
Should an Artist agree to Rent Art to a Customer for the purpose of a film/TV set or other such audiovisual production (a “Production”), the Artist hereby grants to the Customer and its representatives, agents, licensees and assigns the full rights to incorporate images of the Art in connection with the Production. The Customer shall solely own the copyright in and to the Production and any advertising or promotional materials in connection therewith. The Customer shall have all rights to use the Production and the promotion, advertising, marketing and promotion of the Production, in all languages and media now known or hereinafter devised, and in all territories universe wide, in perpetuity.
The Artist hereby waives any right that the Artist may have to inspect or approve the finished Production or the advertising copy or printed matter that may be used in connection therewith, or the use to which it may be applied and the Artist hereby releases, discharges, and agrees to hold harmless the Customer from any liability in connection with the use of the Art in connection with the Production. The Customer may refer to the Art or any part or parts thereof by any fictitious name and may associate the Art with the occurrence of any fictitious event. The Artist hereby expressly waives any rights of droit moral in any capacity connected with the Art or its use in the Production.
The Artist hereby warrants and represents that the Artist will not assert nor maintain against the Customer any claim of any kind or nature whatsoever in relation to the use of the Art in connection with the Production, including but not limited to those based upon copyright or trademark infringement, invasion of privacy or other civil rights, defamation, libel and/or slander, in connection with any of the permission and/or rights granted herein. In no event shall the Artist seek or be entitled to injunctive or other equitable relief in connection with this provision or for any other reason pertaining to the Production, nor shall Artist be entitled to seek to enjoin or restrain the development, production, exhibition, distribution, advertising, exploitation or marketing of the Production. The Customer shall have the right to transfer or assign its rights and obligations pursuant to this provision to any person, corporation or entity. The Artist shall not be entitled to assign its rights and obligations pursuant to this provision to any person, corporation or entity without the Customer’s prior written and signed approval.
Description of Art and Fitness for Purpose
Customers may wish to inspect Art, take photographs of the Art at the time of Purchase or Rent, prior to taking possession of the Art. Partial is not responsible for reviewing, verifying or investigating the condition of the Art, nor the Artist’s description of the Art. Partial is not responsible and expressly disclaims all liability in respect of the Art.
Use of Art
Unless otherwise stipulated in your terms of Rent or Purchase, the Customer is responsible for transporting the Art from and to the Artist. The Customer will return the Art to the Artist at the expiry of a Rental Period, unless the Customer chooses Purchase the Art (as described in this agreement).
The Customer will place the Art at the location and address agreed to with the Artist, and will not remove the Art from this location without receiving the prior written permission of the Artist. Copying or otherwise exhibiting the Art in any manner other that what has been expressly agreed to be the Artist is strictly and expressly prohibited. The Customer may not alter, modify, or attach anything to the Art.
The Customer agrees to handle the Art carefully, and to only exhibit the Art in a climate-controlled environment unless otherwise agreed to by the Artist.
The Customer may not rent the Art to third parties, and may not grant the Art on loan or give the Art to a third party in any manner whatsoever.
Damages and Insurance
The Customer will be responsible for risk of loss, theft, damage or destruction to the Art from any and every cause. The Customer will inform Partial immediately and in writing of an Art being damaged, misplaced, stolen or destroyed. Within ten (10) days of the occurrence of the damage, loss, theft or destruction of the Art, the Customer will pay the full Purchase Fee of the Art to Partial or, in the case of damage, the amount for repair or restoration of the Artwork as determined by Partial and Artist.
Failure to Return Art
If a Customer fails to return Art upon the expiration of a Rental Period and has not purchased it, the Customer will continue to be charged the Rental Rate for each additional day/week/month until the Art is returned, plus a late charge fee of 20% of the Rental Rate.
The Customer shall pay to Partial all applicable fees and taxes in respect of any Purchase, Rent-to-Own, or Rental of Art through the Services, and for any value-added Services. Customer agrees to pay the agreed to fees, and any applicable taxes, service fees, and any other charges specified. Partial reserves the right to suspend any transactions for any reason, including if we suspect fraudulent activity, or if you are in breach of these terms.
The Customer’s credit card will be charged a one-time fee for the Purchase of Art, or for high value items, Customer may access funding options through third party providers, or pay via direct bank deposit to Partial, or Partial may bill your credit card for a deposit amount and require you to pay the remaining balance by another means of payment, and any value-added Services unless otherwise specified. An administration fee may apply for any cancelled transactions. Once payment has been confirmed by the Partial’s Customer Care team, the Art may be transferred from Artist to Customer.
Once the Art has been transferred to and received by Customer, the Customer and Artist each agree to contact Partial to confirm that the transaction has been completed, by either contacting the Art Coordinator, or affirming completion of the transaction on the Service.
If the Rental period is one month or less, the Customer’s credit card will be charged for the full amount as a one-time fee. If the Rental period is more than one month, the Customer’s credit card will be charged on a monthly basis.
Purchase of Art on Partial (including under Rent-to-Buy) is non-refundable, unless Artist and Customer mutually make an agreement in respect thereof. If Artist and Customer mutually agree to a refund for Purchase of Art on Partial, both Artist and Customer must notify Partial’s Customer Care team of the agreed to effective date of termination, and, once received from Artist, Partial will issue a pro-rated refund, as appropriate, to the Customer for fees paid, and adjust the Service Fee payable to Partial accordingly.
Rental of Art on Partial is non-refundable, with the exception of cancellation of a Rental during the first month of the Rental Period. If a Customer chooses to terminate their Rental within the first month of the Rental Period, Partial will charge the Customer the Rental Fee for the first month (plus applicable taxes), a termination processing fee, and any associated delivery of pick-up fees, as applicable.
Intellectual Property and Proprietary Content
The Service includes proprietary, trademarked and copyright-protected content, including artistic works, such as photographs, pictures, illustrations and graphics and any other content submitted, posted, uploaded or made available to the Service by Members (the “Content” or “Member Content”). All Content is protected by intellectual property laws, including copyright and trade-mark laws, and is owned by Partial, licensed to Partial, or otherwise provided by a third-party.
You, when using the Service as an unregistered user, Artist, or Customer, in respect of Content for which you are not the owner or licensee, are hereby granted a non-exclusive, limited, non-transferable, revocable licence to access, view, and display (if Art is rented or purchased only, and if rented, only during rental period) the Content and Services for your personal, private and non-commercial use. You agree to maintain all copyright and other proprietary notices provided on the Content. In the event of termination of your registration account, this licence will terminate and you must stop all use of the Services and destroy or erase all copies of the Content in your possession or control.
All rights are otherwise reserved. No other uses of the Content and Services are permitted, unless otherwise permitted by law.
Members are solely responsible for all Member Content that is made available to the Service, and to the maximum extent permissible by law, Partial excludes all liability with respect to Member Content, and the activities of all users of the Service.
Your interactions with the Service may be public and not confidential, and may be available to any user of the site. Members are solely responsible for your Member Content. Member Content must follow the principles outlined in our Community Guidelines.
You represent and warrant that you are the copyright owner or licensee of any Member Content that you post to the Service and that you have the unimpaired right to convey the necessary licences in and to the Member Content to Partial, and users of the Service. Member Content must not be created using any pirated or unlicensed content, or other materials that include copyrighted or trade-marked material such that Partial would not be entitled to make use of the Member Content without a further licence or payment to an intellectual property owner.
By making Member Content available to the Service, you hereby grant Partial a perpetual, royalty-free, irrevocable, worldwide, non-exclusive licence (but not the obligation) to publish, display, retain, archive, use, store, produce, reproduce, perform in public, broadcast and communicate to the public by telecommunication, the Member Content, in any material form, in whole or in part, for any lawful purpose whatsoever including but not limited to market research, advertising, and promotions, on any platform known now or developed in the future, such as the site, videos, and social media platforms such as blogs, Twitter feeds, Facebook posts, in connection with any product or service in any form, created, owned or published by Partial or any of its affiliates, now and in the future, and to sub-license such rights to any licensee of Partial. For clarity, you may remove your Member Content at any time from the Service.
You hereby waive all moral rights in and to the Member Content in favour of Partial and acknowledge and understand that Partial may edit, remove, modify or alter the Member Content at its discretion and place the Member Content on any Service and on any platform without your further consent and without attribution to you.
Partial does not endorse any Member Content submitted to the Service and expressly disclaims any and all liability in connection with Member Content. Partial does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Partial reserves the right to remove in its sole discretion, any Member Content that may violate any intellectual property right.
You agree that your use of the Service will be in accordance with all applicable laws and regulations and that you will not use the Service in an unlawful manner.
You agree not to:
Third-Party Content, Links to Websites, Advertisements
The Services may contain third-party content, including links to external websites, and advertisements. Third-party content is not under the control of Partial , and Partial is not responsible for or liable in any way for the accuracy of the content, errors or omissions in the content, or any loss or damage suffered by you in linking to or in reliance on the third party content, including downloads. Your use or reliance on third-party content is solely at your own risk. You should direct any concerns you have regarding third-party content to the third-party.
Disclaimer and No Warranty
Your reliance on the Service is solely at your own risk. You expressly agree that to the maximum extent as permitted by law, the Service is provided to you on an “as is” and “as available” basis. Partial makes no warranty that the Service will be free from viruses, infection, harmful elements, uninterrupted, error-free, and free from delays or omissions.
You acknowledge and agree that there are hazards inherent in Internet communications, and Partial shall not be liable for any delays, omissions, inaccuracy or data loss through your communications and use of the Service. The Service may be unavailable for any reason from time to time, including without limitation maintenance and disruptions. Partial cannot guarantee 100% availability of the Service. You acknowledge that your access to the Service may be interrupted from time to time.
Partial does not make and hereby expressly disclaims to the maximum extent permissible by applicable laws, all representations, warranties, terms, conditions, and endorsements, of any kind whatsoever, whether express or implied, statutory or otherwise, including implied warranties and conditions of merchantability, fitness for a particular purpose, accuracy, completeness, suitability, reliability, satisfactory quality, loss of data, virus-free, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade, and any obligation, liability, right, claim or remedy in tort or breach of contract including negligence, in respect of the Service.
Limitation of Liability
In no event shall Partial be liable or responsible to you or anyone else (jointly or severally) in any way for any claim, injury, personal injury, loss or damage of any kind whatsoever, including without limitation any direct, indirect, incidental, exemplary, special, punitive or consequential damages or any damages for loss of profits, lost savings, economic loss, revenue, goodwill, business interruption, loss of information or data or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way related to or resulting or arising from, or in any way connected with the Service, including without limitation: (i) your use or inability to use or access the Service; (ii) any claims that the Member Content (I) breaches any intellectual property, privacy or publicity rights, (II) is defamatory, illegal or offensive, or (III) contains any errors, omissions, inaccuracies; (iii) personal injury, illnesses, or property damage of any kind whatsoever relating to or arising from your use of the Service; (v) any damage from any viruses, or other elements that may be harmful to your communication equipment arising from or relating to your use of the Service; (v) any acts, omissions, errors, statements, conduct, ability, service quality of any third-party (including but not limited to Artists and Customers), including whether accessed or processed on the Service, or otherwise; or (vi) any other matter relating to the Service, regardless of whether Partial had been advised of or could have foreseen the possibility of such claim, loss or damage.
By using the Service, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Partial. The limitations of liability and disclaimers described herein will apply regardless of the form of action, whether in contract, tort (including negligence), civil liability, strict liability, or otherwise. Notwithstanding the foregoing, in no event will Partial ’s aggregate liability to you exceed the lesser of (1) the amount paid to Partial by you for your use of the Services in the three (3) months immediately preceding the event giving rise to such claim, or (2) $500 CDN.
You agree to indemnify, hold and save harmless Partial and its respective heirs, executors, successors and assigns from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, in connection with, relating to or incidental to your use of the Services or Art, including but not limited to any transactions through the Service, any breach of a term of these Terms of Service, any breach of a term of any other agreement with Partial, any injuries (including bodily harm or death), losses, damages, including property damage, of any kind arising in connection with or as a result of the use, rental, purchase, sale or booking of any Art, any violation of any law, rule or regulation of Canada or any other country, and any violation of the rights of any other person or entity.
The termination or expiry of the Services or Registration Account will not affect the survival and enforceability of any provision of this agreement which is expressly or impliedly intended to remain in force after such termination or expiry. Except as expressly provided in these Terms of Service, no amendment or waiver of this agreement is binding unless executed in writing by the parties. No waiver of any provision of this agreement constitutes a waiver of any other provision, nor will any waiver of any provision of this agreement constitute a continuing waiver unless otherwise expressly provided. Each of the provisions contained in this agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other section. These Terms of Service are subject to and will be interpreted according to the laws in effect in the Province of Ontario and the federal laws of Canada applicable therein. The parties are entering into and performing this agreement as independent contractors. Nothing in this agreement is to be taken to constitute an association, agency, joint venture or partnership between the parties or to impose any liability attributable to any such relationship upon either party and neither party has the right to bind the other contractually or otherwise without prior written consent.
In the event of an Artist or Customer dispute (including but not limited to failure to fulfill terms of transaction, failure to make Art available on first date of rental, failure to return Art), you may contact Partial’s Customer Care team to notify Partial of the dispute between Artist and Customer, and Partial will suspend fees payable until Partial is notified by Artist and Customer that the dispute is resolved, and issue any refunds required by law.
If any disputes arise between you and Partial, or between Artist and Customer, without prejudicing any rights or remedies the parties may have, you agree to contact Partial’s Customer Care team and meet to discuss and attempt in good faith to resolve any such disputes.
Contact Us: firstname.lastname@example.org
Last Updated: October 14, 2018