Terms & Privacy

General

1. Use of this website and any services connected with the website are subject to these Terms and Conditions (“Terms”) and the Privacy Policy (attached). If you do not agree with the Terms or the Privacy Policy you may not use this website and any services connected with it.
2. In these Terms “we”, “us” and “our” is a reference to Coexistence Bureau for Artworks (Registration No. 276)
3. We reserve the right to update or amend these Terms from time to time without notice to you. By using this site and any services connected with it you agree to the terms as updated or amended.
4. Information on this website is by way of general information about the services offered by us. We reserve the right to refuse service to anyone for any reason at any time.
5. We comply with the Iraq Law.

Use of website

1. You must not do any act which is deemed, in our absolute discretion, unlawful or which is prohibited by any laws including:
   1. Any act which would constitute a breach of the Privacy Policy;
   2. Misuse of our intellectual property;
   3. Defaming or libelling us, our employees or other individuals;
   4. Uploading files which contain viruses that may cause damage to us; and
   5. Posting or transmitting to this website any non-authorised material including material that is, in our opinion, likely to cause annoyance or which is defamatory, racist, obscene, threatening, pornographic or which is otherwise detrimental to or in violation of our systems or network security.

Intellectual Property and use of website

1. We are the owner, or licence holder, of all intellectual property rights in the website including graphics, images, layout and text.
2. You are provided a limited licence to access, download and print content from the website solely for personal use. Content may not be reproduced, modified, redistributed or otherwise dealt with for any reason without our express written permission.
3. You must not:
   1. link to our website without prior permission.
   2. use the site for any unlawful purpose or in a way which infringes the rights of another person or restricts or inhibits another user’s use and enjoyment of the site.
   3. use the site in a way that interrupts, damages, impairs or renders the service less efficient.
   4. use data mining, scraping or extraction tools on the website.
   5. metatag or mirror our site.
   6. authorise encourage or assist any other person to copy, modify, reverse engineer, decompile, disassemble, alter or interfere with any software (including source code), databases and other technology provided through the site.
   7. misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful.
4. We will not be responsible for any loss or damage cause by reason of viruses introduced to our site and/or by reason of hacking of our site.

Disclaimers, limitations and exclusions

1. By using this website, you expressly agree that the site is provided on an “as is” and “as available” basis.
2. Information appearing on this website or in respect of any products is provided by us as general information and is not in the nature of advice.
3. Your use of information on the website and any products is entirely at your own risk and we shall not be liable for any loss or damage allegedly suffered as a result of using the website.
4. We provide no guarantees, conditions or warranties as to the accuracy of any content appearing on, or accessible through, the website. Further, any content appearing on the site is not in the nature of professional advice and should not be relied upon.
5. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
6. We make no representation or warranty that any product or service you may choose through this website will meet your needs.
7. Although we take care to ensure that any information/material you provide to us is safe, we do not warrant the security of such information.
8. We accept no liability for any damage to your computer system arising from use of this site and any services connected with it.
9. We may provide advertising or links to other websites. You agree that:
   1. we are not responsible for the content of third parties whether appearing on this site or accessible through this site.
   2. we are not a party to any transactions entered into between you and any third parties as a result of using this site.
   3. you will not involve us in any dispute you may have with third parties whom you may encounter through the use of this site.
   4. we are not liable to you in respect of any loss or damage which you may suffer by engaging with third parties through the use of this site.
10. If you are a consumer within the meaning of the Consumer Protection law No. (1) Of 2010, we limit all direct and indirect liability, including consequential loss, to the Consumer Protection law No. (1) Of 2010 (Iraq). Where a Consumer Guarantee has been breached we limit our liability to the repayment of any moneys paid by you, the supply of the service again or the cost of providing the service again.

Indemnity

1. By using our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the website.

Entire Agreement

1. These Terms together with the Privacy Policy constitute the entire agreement between us.

Jurisdiction

1. These Terms are to be governed by, and construed in accordance with, the laws of Iraq and you agree to submit to the jurisdiction of Iraq in the event of a dispute arising.

Severability

1. If any part of these terms is disallowed or found to be ineffective, the other provisions will continue to apply.

Waiver

1. Any failure by us to exercise or enforce any right or provision under these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged in writing by us.

Delete Your Account

You can delete your MENA Gallery Account at any time. If you change your mind, you might not be able to recover it after a certain amount of time. For deleting your account, you shall send your request to support@menagallery.com

Notices

1. Any notice, pursuant to or arising from these terms, which you intend to provide us must be delivered to the following address:

• Coexistence Bureau for Artworks (Registration No. 276)
• Email: support@menagallery.com

1. Any notice, pursuant to or arising from these terms, provide by us to you will be delivered to your last known physical address or last known email address.

Privacy Policy

What is this Privacy Policy?

1. Coexistence Bureau for Artworks (Registration No. 276) (“we”, “us” and “our”) respects your personal information and is committed to protecting your privacy.
2. This Privacy Policy explains how we handle personal information we collect from you when you buy a product from us (“Transaction”) or otherwise use our Website.
3. We may modify or amend this Privacy Policy as per our business requirements or if the law changes. We will display a notice on our Website indicating when any such revisions have been made. This Privacy Policy was last updated on 1 March 2023.
4. Unless you notify us otherwise, we will assume that you have consented to the collection of all information which is provided to us by you in connection with the Website in accordance with this Privacy Policy.

What is personal information?

1. Personal information is information or an opinion about an individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in material form or not.
2. We may collect different kinds of personal information from you in a variety of ways.

What personal information do we collect?

1. Your use of information and services available through our website will affect the type of information that we collect about you.
2. We may collect personal information from you when you:
   1. make a Transaction;
   2. register an account on our Website;
   3. use our Website; or
   4. contact us by any method, such as telephone, email, post, facsimile or in person.
3. When you make a Transaction, we will collect the personal information you provide to us during the ordering process or in the course of a Transaction. Such personal information may include details such as your full name, date of birth, phone number, email address, credit card number, expiry date, bank details and street and billing address.
4. When you access and use our Website we may record and log for statistical purposes certain information about such access and use, including your IP address, the date and time of your visit, the parts of our Website you access during your visit, your actions on our Website, and the browser you are using. Where you make a Transaction, this information may be associated with you.
5. As well as collecting information directly from you, there may be occasions when we collect information about you from a third party. For example, we may collect information from a third party where they purchase products on your behalf.

Anonymity

1. You may use our Website without registering, in which case we will not be able to personally identify you unless you choose to make a Transaction or you otherwise provide us with your identity. You cannot, however, make a Transaction anonymously or using a pseudonym.

Cookies

1. If you use our Website, some of the personal information referred to in clause 3 of this policy may be collected through the use of cookies. Most browsers are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser to either prompt you whether you wish to accept cookies on a particular site, or by default reject cookies.
2. Please note that rejecting cookies may mean that some or all of the functions on our Website will not be available to you. In particular, cookies must be enabled to access and use any part of our Website for placing orders.

How is your personal information used?

1. The personal information that we collect is generally used to provide products or services to you, to track your usage, to evaluate performance of our Website and to keep track of your shopping cart and your account settings. Information collected by us may also be used for the following purposes:
   1. to provide you with information in relation to the products and services we provide;
   2. to send email notifications to you for special promotions or offers conducted by us;
   3. to conduct marketing activities and to conduct market research;
   4. to respond to your questions or suggestions;
   5. to improve the quality of our products or services;
   6. to respond to any issues concerning the usage of or in relation to any issues on the Website; and
   7. to improve the quality of your visit to our Website.
2. We may contact you via telephone, email, SMS or post to effect the above.
3. You may opt out of receiving such information by notifying us accordingly, or using any unsubscribe facility we provide for that purpose.

Disclosure of your personal information

1. We may disclose your personal information to any of our employees, officers, insurers, professional advisors, agents, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy and/or the delivery of our goods and services.
2. We will not otherwise disclose your personal information to any third party unless:
   1. that third party is the seller of a product you have purchased in any Transaction;
   2. that third party is a group company of ours, in which case that group company will only use and disclose your personal information in accordance with this Privacy Policy as if a reference in this Privacy Policy to us included a reference to that group company;
   3. that third party is a contractor engaged to provide the delivery of goods or services to us or you (including goods or services that assist us in providing our Website). This may include disclosure to contractors outside of Australia. Our agreements with such contractors require that they keep your personal information confidential, and that they only use or disclose your personal information for the purposes of providing those goods or services to us; or
   4. you have consented for us to share the information for this purpose, or the disclosure is authorised by the Iraqi Law including:
3. to lessen or prevent a serious threat to life or health;
4. to protect the personal safety of users of our Website or the public;
5. if authorised, requested or required by law (including any Court Orders, Subpoenas or Warrants);
6. if we have reason to suspect that unlawful activity has been, is being or may be engaged in;
7. to enforce the law or where necessary to investigate a suspected unlawful activity; or
8. you would reasonably expect or we have told you that your personal information is usually used or disclosed to third parties in this way.
9. By providing us with personal information you consent to the terms of this Policy and the types of disclosure covered by this Policy.

Access and correction of your personal information

1. We will, on request or via any account registration on the Website, provide you with access to the information we hold about you, including for the purpose of correcting or updating that information, unless there is an exception to such disclosure which applies under the Iraqi Law.
2. If you require access to your personal information, please email support@menagallery.com or alternatively log onto your account on the Website. Before we provide you with access to your personal information should you directly request us to do so, we will require some proof of identity to our reasonable satisfaction. For most requests, your information will be provided free of charge, however, we may charge a reasonable fee if your request requires a substantial effort on our part.
3. If we refuse to provide you with access to the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the Iraqi Law (unless it would be unreasonable to do so).
4. We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it. If the personal information we hold about you is inaccurate, incomplete, irrelevant or out-of-date, please contact us and we will take reasonable steps to either correct this information, or if necessary, discuss alternative action with you.

1. The security of your personal information is important to us. We take reasonable steps to prevent your information from misuse, interference or loss, and from unauthorised access, modification or disclosure. This includes the use of technologies and processes such as access control procedures, network firewalls, encryption and physical security to protect the privacy of your personal information.
2. The steps taken to protect personal information when you make a Transaction include, notwithstanding this is performed through any third party provider of the Website to our knowledge includes:
   1. using a secure server system that encrypts your order information;
   2. password protecting your order information on our systems; and
   3. protecting and/or deleting your payment method data from the secure server once an order is processed (subject to the third party Website providers policies).
3. While we take care to maintain the confidence and security of personal information we cannot guarantee the security of information that you disclose online. Any information disclosed by you is at your own risk.
4. You can help maintain security by keeping your password safe and not making it available to other people.
5. If you become aware of a security breach you should notify us as soon as possible.

Links to other websites

1. Sometimes our Website may contain links to other websites. When you access a website other than our Website, we are not responsible for the privacy practices of that site. We recommend that you review the privacy policies of each website you visit. We hold no responsibility for the privacy policies of other websites and you agree to indemnify and hold us harmless for any activities undertaken in other websites.

Amendment of this policy

1. This policy may be amended or update from time to time without notice to you.

Queries, complaints and further information

1. If you have any queries or complaints with regard our collection, use or management of your personal information, please contact:

• Coexistence Bureau for Artworks (Registration No. 276)

Email: support@menagallery.com

1. If you wish to make a complaint about an alleged breach of the Privacy Policy, we ask that you send us your complaint in writing to the email address listed above. We endeavor to respond to complaints within a reasonable period (usually 21 days).