Last updated: 13 October 2026

View The Schedule of Prior Analysis that Art Review confidentiality depends upon.

These Terms of Service are issued by Bany Jaya trading as The Hunch Trail^TM (ABN: 40 337 610 019) of 12A Ferraro Crescent, West Hoxton NSW 2171, Australia (we, our, us, I or the Provider). The Provider is a sole trader. Anything you submit as part of an Art Review is seen only by the Provider personally (see clause B13 for what that means and how it stays true). You can contact us at any time at email@hunchtrail.com, but that address and the website contact form are not confidential channels. The only confidential route is to pay the Quotation Fee and then use the email address the Provider contacts you from — see clause B13.

These Terms of Service are in three parts:

• Part A — Website Terms of Use governs your access to and use of the website at https://hunchtrail.com and any related address or channel (the Site). Part A applies to everyone who uses the Site.
• Part B — Art Review Service Terms governs the supply of the Quotation and Art Review services described on the Site. Part B applies from the moment you pay the Quotation Fee.
• Part C — Direct Hardcover Book Purchases (Australia) governs the purchase of a copy of the hardcover edition of the picture book Nicky's Secret: A Christmas Story directly from us, through the payment link on the Site, for delivery to an address in Australia. Part C applies from the moment you complete payment at that checkout.

Part B and Part C are separate and do not overlap. Part B applies to the Art Review service only. Part C applies to direct purchases of the hardcover book only. Neither affects the other, and you only need to read the one that matches what you are buying. If there is any inconsistency between Part A and Part B, Part B prevails in respect of the services; if there is any inconsistency between Part A and Part C, Part C prevails in respect of a hardcover book order. If a written Art Review Services Agreement is signed under clause B17, that agreement prevails over Part B in respect of the Art Review it covers. If there is any inconsistency between these Terms of Service and any statement elsewhere on the Site (including marketing copy or the FAQ), these Terms of Service prevail.

Part A — Website Terms of Use

A1. Consent

By accessing or using the Site, you agree to Part A of these Terms of Service and to our Privacy Policy. Please read them carefully and cease using the Site immediately if you do not agree to them.

A2. Changes to these Terms

We may vary Part A from time to time by publishing the varied terms on the Site, and the varied terms apply to your use of the Site from the date they are published. We will update the "Last updated" date at the top of this page whenever we do so.

Variations do not apply retrospectively. Nothing we publish can change a contract already made with you — for example, an engagement for our services that has already been formed, a services agreement you have signed, or an order you have already paid for. A contract already made continues on the terms that applied when it was made, and can be varied only by written agreement between you and us. We keep a dated copy of every version of these Terms of Service that we publish, and will supply a copy of the version that applied to your contract on request.

A3. Licence to use the Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to access and use the Site in accordance with these Terms of Service, for your own personal and internal purposes. All other uses require our prior written consent.

A4. Acceptable use

You must not do, or attempt to do, any of the following in connection with the Site:

• (a) anything unlawful, or prohibited by any law applicable to the Site or to you;
• (b) anything that would breach another person's privacy or other legal rights, including uploading personal information about another person without that person's consent;
• (c) using the Site to defame, harass, threaten, menace or offend any person;
• (d) interfering with any other person's use of the Site;
• (e) tampering with, modifying, scraping at scale, reverse engineering, damaging or interfering with the Site or its underlying systems, or transmitting any virus, trojan horse or other disabling code;
• (f) using the Site to send unsolicited commercial messages;
• (g) using the Site, our services or our payment systems for money laundering, terrorism financing, sanctions evasion or any other illicit purpose; or
• (h) assisting or facilitating any other person to do any of the above.

A5. Intellectual property in the Site

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in the Site and all text, images, video, layout and other material on it (Content). Your use of the Site does not transfer any of those rights to you. You must not, without our prior written consent:

• (a) copy, reproduce, retransmit, distribute, publish, broadcast or sell any Content;
• (b) alter, adapt or create derivative works from any Content; or
• (c) frame or embed any Content in another website or platform.

You may, however, view, download and print Content for your own personal, non-commercial reference, and you may quote short extracts with attribution for the purposes of criticism, review, reporting news or research, as permitted by the Copyright Act 1968 (Cth) or the equivalent law of your own jurisdiction.

Where the Site offers the picture book Nicky's Secret: A Christmas Story to be read free of charge in low resolution, that offer is a limited, revocable, personal licence to read the work online. It does not permit downloading, printing, copying, redistribution, public performance or any commercial use of the work.

A6. Material you send us through the Site

If you send us material through the Site — for example, a message through the enquiry form — you grant us only the limited licence necessary to receive, read, store and respond to it, and to keep a record of it. We claim no ownership of that material, and we acquire no right to publish, display, license, sell or otherwise exploit it.

You warrant that you are entitled to send us any material you send, and that our receipt of it will not infringe any person's rights.

Please do not send us information about a specific artwork through the enquiry form or to email@hunchtrail.com: neither is a confidential channel. Photographs and information about an artwork should be sent only after you have paid the quotation fee for an Art Review, and only to the email address from which the Provider then contacts you. Material sent that way is governed by the terms of that engagement, not by this clause.

A7. Information on the Site is general only

The Content is not comprehensive and is provided for general information, educational and entertainment purposes only. It does not take account of your particular needs, objectives or circumstances, and it is not advice of any kind. While we take reasonable care to ensure the Content is accurate and current, we do not undertake to keep the Site up to date.

A8. Opinions on attribution, authenticity and valuation

The observations, opinions and analysis published on the Site concerning any artwork reflect the Provider's own independent research and a manual visual examination of photographs, carried out by the Provider personally, without automated analysis or AI. They are subjective opinions arrived at by looking. They do not constitute a formal appraisal, authentication, attribution or valuation, and they are not advice.

The Provider is not a licensed, accredited or certified art valuer, appraiser or authenticator, and holds no formal qualification in art history, connoisseurship, forensic art analysis or valuation. The Provider's method is one of his own devising. It has not been tested, validated, peer-reviewed or published in the scientific literature, and no independent body has assessed whether it works.

Human visual perception readily finds meaningful shapes in random detail, and suggestive forms occur in artworks by chance. No person can be certain of the subjective intent of a deceased or unavailable artist. Nothing published on the Site should be treated as establishing that any artist concealed anything.

We make no claim that anything published on the Site, or contained in any Art Review report, will affect the value, demand, price, marketability, insurability, authenticity or attribution of any artwork.

Any decision to buy, sell, insure, restore, lend or otherwise deal with an artwork discussed on the Site should be made only after obtaining independent advice from a suitably qualified and, where relevant, licensed professional.

A9. Third party sites, embedded content and links

The Site contains links to, and embeds material from, websites operated by third parties, including booksellers and video hosting services. We do not control, endorse or accept responsibility for those websites or their content, and your dealings with them are subject to their own terms and privacy policies. You should make your own enquiries as to their suitability. Video embeds on the Site do not load or contact the video host until you choose to play them — see the Privacy Policy.

A10. Availability of the Site

We may change, suspend or discontinue the Site, or any part of it, at any time. We will not be liable to you for doing so, except to the extent that it prevents us from performing a contract already made with you, which then continues to be governed by its own terms.

A11. Disclaimers relating to the Site

To the maximum extent permitted by law, and subject to clause A12, we make no representation or warranty that:

• (a) the Site or the Content is complete, accurate, reliable, current or suitable for any particular purpose;
• (b) access to the Site will be uninterrupted, timely, error free or free from viruses or other harmful components; or
• (c) the Site is secure.

You read, use and act on the Site and the Content at your own risk.

A12. Consumer rights that cannot be excluded

Nothing in these Terms of Service excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (ACL) or under any other law, to the extent that it cannot lawfully be excluded, restricted or modified. Any term that purports to do so is void to that extent, and the rest of these Terms continues to operate.

If you are a consumer in the United Kingdom, Canada, Australia or another jurisdiction with mandatory consumer protection laws, nothing in these Terms of Service is intended to deprive you of the protection of any provision of those laws that cannot be derogated from by agreement.

A13. Our liability for the Site

Subject to clause A12, and to the maximum extent permitted by law, we are not liable for any loss or damage arising from your use of, or reliance on, the Site or the Content, including any indirect or consequential loss. This clause does not apply to our services, or to anything you buy from us, each of which is governed by its own terms.

A14. Privacy

We handle personal information in accordance with our Privacy Policy, which forms part of these Terms of Service.

A15. Governing law

Part A is governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales. If you are a consumer resident outside Australia, nothing in this clause deprives you of any right to bring proceedings in the courts of your place of residence, or of the protection of the mandatory laws of that place. If you are a consumer resident in the United Kingdom, you also benefit from the mandatory consumer protections of the law of the part of the United Kingdom where you live, and you may bring proceedings in the courts of that part of the United Kingdom.

Part B — Art Review Service Terms

B1. When Part B applies, and who we can supply

Part B applies from the moment you pay the Quotation Fee, and governs both stages of the service:

• Stage 1 — the Quotation. You pay the Quotation Fee. We assess the material you send and give you a written quote. This is a contract in itself.
• Stage 2 — the Art Review. If you accept the quote, we send you an Art Review Services Agreement. You sign and return it, we countersign, and only then do you pay. That agreement governs the Art Review.

You are not obliged to proceed to Stage 2. Paying the Quotation Fee buys you a quote and, from that moment, the confidentiality and no-frontrunning protections in clauses B13 and B14. It does not commit you to anything more.

Please read Part B before you pay. It is the contract you enter into when you pay the Quotation Fee, and it is also linked at the checkout.

Where we supply, and to whom

We offer, market and supply the Art Review service only to clients in the following six places (each a Served Jurisdiction): the United States of America; the United Kingdom; Germany; the Netherlands; Canada, other than Quebec; and Australia.

In Germany and the Netherlands we supply Business Clients only. We do not offer, market or supply the service to a Consumer resident or established in either country, and we cannot accept such an engagement on any terms. In the other four Served Jurisdictions we supply both Consumers and Business Clients.

We do not market to, solicit or accept standard engagements from anywhere else. An unsolicited enquiry from outside the Served Jurisdictions may be considered case by case, but often cannot be accepted owing to legal constraints; any engagement that is accepted would be on separate, individually negotiated terms and not on these Terms. Such an enquiry can be made only through the website contact form or email@hunchtrail.com. Neither is a confidential channel, and clause B13 does not apply to anything sent through them.

You tell us where you are contracting from, and in what capacity, twice: once in the confirmation you give before the payment button on the home page will work, and again at the Stripe checkout, where your answer is recorded against your order. Those statements are warranties under clause B10. If either is untrue, clause B27 applies where you are in Germany or the Netherlands, and clause B12 applies otherwise.

Quebec, Canada — we do not supply there

We do not offer, advertise, sell or supply the Art Review service, or any part of it, to any person who is resident or established in Quebec, Canada. If you are resident or established in Quebec you must not pay the Quotation Fee, request a Quotation, or enter into a Services Agreement with us, and we will not accept you as a client.

For the purposes of these Terms, you are resident or established in Quebec if any of the following is in Quebec: your ordinary place of residence; your business address, or the address of any establishment through which you deal with us; the address to which the Report is to be delivered; or the ordinary place of residence or business address of any person for whom, or on whose behalf, you deal with us.

This is a limit on where we supply, not on whom. It applies to everyone resident or established in Quebec on the same terms, whatever their language, nationality, ethnic or national origin, or any other personal characteristic. We continue to supply the rest of Canada, including French-speaking clients elsewhere in Canada, but the service itself, and every communication and document connected with it, is supplied in English only — see clause B29(g).

If a payment is made from Quebec anyway. If we find at any time that you were resident or established in Quebec when you paid or contracted, we will decline or terminate the engagement under clause B12 or clause B21 and refund you within ten Business Days, as follows.

• (a) The Quotation Fee is refunded in full, with no deduction of any kind, whatever stage the engagement has reached.
• (b) Any Service Fee you have paid is refunded less our Documented Costs for the Examination Hours actually worked before we became aware of the position, in the same way as clause B21. If every Examination Hour you paid for has already been worked, that deduction may leave nothing to refund.

Paragraph (b) is not a penalty and is not a charge for breaking a promise. It is payment for examination work that has in fact been carried out and cannot be given back, at the rate you had already agreed. The exclusion is stated on the home page, in the confirmation you must tick before the payment button on the home page will work if you select Canada, in the footer of every page of this site and in clause B10(f), which you give afresh every time you deal with us. If you tell us promptly, little or no work will have been done and little or no deduction will arise. The longer you leave it, the more hours are worked in reliance on a warranty that is no longer true.

Nothing in this clause is intended to remove or limit any right that the law of Quebec confers on a person who deals with us despite it, and that cannot lawfully be excluded by agreement.

B2. Definitions

• ACL means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• Art Review means the service described in clause B6.
• Business Day means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.
• Business Client means a client who acquires the Art Review wholly or mainly for the purposes of a trade, business, craft or profession, whether or not incorporated, or a public body or institution that acquires it in its official capacity. For a trade, business, craft or profession, in Germany this corresponds to an Unternehmer within the meaning of §14 BGB, and in the Netherlands to a party acting in the course of a profession or business.
• Consumer means an individual who acquires the Art Review wholly or mainly outside any trade, business, craft or profession. A private collector who acquires an Art Review of a work held in their own collection is a Consumer, whatever the value of the work.
• Client Materials means the photographs, images, provenance details, background information and other material you supply in connection with an artwork.
• Client-side Reason means any of the following, and nothing else: (a) you cancel, withdraw or change your mind — for example under clause B4(e), clause B21 (termination for convenience) or clause B24 — other than because of something we did or failed to do, or an event affecting our performance under clause B21A; (b) a warranty you gave in clause B10 is or becomes untrue, including because you are resident or established in Quebec, are a Consumer in Germany or the Netherlands, or are not resident or established in a Served Jurisdiction, or because screening under clause B11 returns a match or a sanctions measure applies to the dealing; or (c) you have behaved abusively or threateningly towards us, or acted in bad faith, as described in clause B12(f) or (k).
• Documented Costs means the only amount we may ever deduct from a refund of the Service Fee, or charge you if you cancel: the Examination Hours actually worked on your artwork before the event that gives rise to the refund or the cancellation, as shown in our contemporaneous time record (clause B6), multiplied by the Hourly Rate. It includes nothing else — no administration or cancellation fee, overhead, lost profit or penalty — and it can never exceed the Service Fee you paid. We may deduct or charge it only if, before or at the same time as the refund, we give you in writing the time record for those hours and the calculation. If we do not, no deduction or charge may be made.
• Examination Hours means the number of hours stated in a Quotation or Services Agreement that the Provider agrees to devote to examining an artwork.
• Engagement Address means the email address from which the Provider personally first emails you after you pay the Quotation Fee. It is never published. It is the only channel through which anything you send us is protected by the confidentiality obligations in clause B13.
• Excluded Artwork has the meaning given in clause B9.
• New Finding and Prior Finding have the meanings given in clause B9.
• Hourly Rate means the rate stated in a Quotation or Services Agreement.
• Provider-side Reason means any reason for which we decline or end an engagement, or refund the Quotation Fee, that is not a Client-side Reason and is not that the artwork is an Excluded Artwork — for example: that we do not have capacity (clause B12(e)); that we do not quote within the time allowed (clause B4(d)); that proceeding would place us in breach of a law, a professional obligation or an obligation of confidence, including one owed to an earlier client (clause B12(d) and clause B30); that the subject matter falls within clause B12(j); that we are not willing to accept a disclosed risk of consequential loss (clause B12(l)); an event beyond our control (clause B21A); or that you end the engagement because of something we did or failed to do.
• Liability Cap means the most either of us can be liable for under a clause that refers to it: (a) for a breach of clause B13 (confidentiality) or clause B14 (no frontrunning), at any stage, the greater of the Service Fee actually paid and US$25,000; (b) for any other liability arising before you pay the Service Fee, US$25,000; and (c) for any other liability arising after you pay it, the Service Fee actually paid. Where liability of more than one kind arises, the total for all of them together is limited to the highest Liability Cap that applies to any of them.
• Quotation means the written fee proposal issued by us for an Art Review.
• Quotation Fee means the fee of US$249 payable to commence the process.
• Report means the written report delivered at the conclusion of an Art Review.
• Review Pass means one complete examination of the artwork, normally in a single sitting (for very large and detailed works, over consecutive days), together with the preparation required before it.
• Served Jurisdiction has the meaning given in clause B1.
• Schedule of Prior Analysis means the schedule of artworks published at hunchtrail.com/schedule.html, as amended from time to time.
• Service Fee means the fee for an Art Review, being the Hourly Rate multiplied by the Examination Hours.
• Services Agreement means the Art Review Services Agreement referred to in clause B17.
• Site means the website at https://hunchtrail.com and any related address or channel.
• these Terms means this Part B — Art Review Service Terms.
• we, our, us, I and the Provider mean Bany Jaya trading as The Hunch Trail^TM (ABN 40 337 610 019) of 12A Ferraro Crescent, West Hoxton NSW 2171, Australia, a sole trader.

B3. Pre-contract information

This clause sets out, in one place, the information we are required to give you before you are bound by a distance contract. It is provided to satisfy Schedule 2 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (UK) and the equivalent disclosure requirements of Canadian provincial consumer protection legislation. It is given to every client, including Business Clients in Germany and the Netherlands, although those regimes do not require it of them.

B4. The Quotation Fee, and when it is refunded

The Quotation Fee is US$249. It is consideration for the work of assessing your images and preparing a written quote. It is not a deposit and is not credited against the Service Fee.

The Quotation Fee is not refunded if you simply decide not to proceed after receiving a quote. It is refunded in full in each of the following eight situations:

• (a) we decline to quote, or decline the engagement, on any of the grounds in clause B12;
• (b) the artwork is an Excluded Artwork under clause B9 and you do not give us your written agreement under clause B9 to proceed on the footing set out there — that no confidentiality undertaking attaches to the artwork or to any finding about it, and that your Report will contain only New Findings;
• (c) we cannot lawfully deal with you, including where screening under clause B11 returns a match or a sanctions measure applies to the dealing — in which case the refund is made where the law allows (clause B11);
• (d) we do not provide a quote within ten Business Days of the date in clause B5, or by a later date you have agreed to in writing;
• (e) you change your mind within 14 days of payment and have not yet sent us anything about the artwork;
• (f) you were resident or established in Quebec, Canada when you paid, so that we cannot accept the engagement under clause B1. The Quotation Fee is refunded in full. Any Service Fee is dealt with separately under clause B1(b), which allows a deduction for Examination Hours already worked;
• (g) we decline under clause B12(d) because we have already carried out an Art Review of the same artwork for another client (clause B30); or
• (h) you are a Consumer resident or established in Germany or the Netherlands, so that we cannot accept the engagement under clause B1. The Quotation Fee is refunded in full. Any Service Fee is dealt with separately under clause B27.

Refunds are made to the original payment method within ten Business Days. You will not incur any fee as a result of the refund.

These eight grounds are contractual and are in addition to — not instead of — any statutory right you have. If you are a Consumer in the United Kingdom, clause B24 gives you a further right to cancel within 14 days for any reason at all — and if you use it at the Quotation stage, the Quotation Fee is refunded in full (clause B24.4). If you are a Consumer in Canada, clause B26 applies. If you are a Consumer in Australia, clause B18 applies. If you are in the United States, clause B28 applies.

B5. The quotation timeline

We aim to provide your quote within ten Business Days of receiving enough material to price the work. If we cannot, we will tell you why and propose a revised date. The revised date applies only if you agree to it in writing (an email is enough). If you do not agree, we refund the Quotation Fee in full under clause B4(d).

We may ask for further or better images before we can quote. The ten Business Days runs from when we have what we need, not from the date of payment. If you are a Consumer in the United Kingdom and did not give us both the express request and the acknowledgement described in clause B24.6, we cannot begin until your 14-day cancellation period ends, so the ten Business Days run from the later of the day we have what we need and the day your cancellation period ends.

While you decide about an Excluded Artwork, the clock stops. If we tell you under clause B9 that your artwork is an Excluded Artwork, the ten Business Days stop running on the day we give you that notice, and start again on the day we receive your written instruction to go ahead. If you do not give one, the engagement ends under clause B9 and the Quotation Fee is refunded in full.

How long a quote lasts. A quote is valid for sixty (60) days from the date we send it. To accept it, sign and return the Services Agreement within that time (clause B17).

B6. What an Art Review is

An Art Review is an effort-based engagement. We are engaged to devote the agreed Examination Hours to the manual visual examination of photographs of your artwork, organised into the agreed number of Review Passes, and to deliver the Report. Unless the Quotation states otherwise, an Art Review includes three (3) Review Passes. That is the number we quote for by default. Where the artwork, or the Examination Hours you and we agree on, make a different number appropriate — or where you ask for more or fewer — the Quotation and the Services Agreement state the number, and that number governs. If your artwork is an Excluded Artwork and you tell us to go ahead with it, the Report sets out New Findings only (clause B9).

A Review Pass is a manual visual examination of photographs, performed by the Provider personally, without automated analysis or AI. Review Passes are ordinarily separated by several days, because the method depends on the effect of that interval. For very large and detailed works, a single Review Pass can span multiple days.

We keep a contemporaneous record of the time devoted to each engagement, showing the date of each Review Pass and the hours worked. We provide that record with the Report, and at any earlier time on request.

Unless expressly agreed in writing, an Art Review does not include, and nothing in a Report constitutes: physical inspection; scientific or forensic testing; provenance research; condition reporting; conservation advice; advice on title, ownership or the right to sell; valuation; appraisal; authentication or attribution; advice of any kind about whether to buy, sell, hold, insure or deal with an artwork; or attendance at any sale, hearing or proceeding. We do not conduct physical inspections in any circumstances.

If further examination appears warranted we may recommend additional Examination Hours. We are under no obligation to recommend, and you are under no obligation to accept. No additional hour is worked or charged unless you agree in writing and pay for it in advance.

B7. A nil finding is complete performance

We do not warrant or represent that: any form or detail identified was in fact intentionally included by the artist, or exists other than as a product of our own perception; that any particular number of hours will result in identifying anything; or that every detail an artist did conceal will be identified. The later identification of a detail, by us or anyone else, is not of itself evidence that an Art Review was performed without due care and skill.

We make no claim of any kind that a Report will affect the value, demand, price, marketability, insurability, authenticity or attribution of any artwork. You should not enter into an engagement in the expectation of any such effect.

A Report is an opinion for your own consideration. It is not, and must not be represented by you or anyone else as, an appraisal, valuation, authentication, attribution, certificate, or expert report prepared for use in a proceeding. You must obtain independent advice from a suitably qualified and, where relevant, licensed professional before acting, and must not rely on a Report as the sole or principal basis for any decision.

B8. Fees, GST, currency and bank charges

• (a) The Service Fee is the Hourly Rate multiplied by the Examination Hours, as stated in the Quotation and the Services Agreement. It is payable in full, in advance and in cleared funds, before the first Review Pass, unless the Services Agreement states otherwise.
• (b) Each price shown on the Site or in a Quotation is the total amount payable. We are not currently registered for GST, so no GST is charged on any fee, wherever you are. If we become registered, the price will not change: for Australian clients it will then include GST, and prices to clients outside Australia will be unaffected.
• (c) Australian dollar amounts shown on the Site are indicative only. They are converted at the exchange rate current when the page was last updated, which is stated on the page with its date. The amount actually debited will be set by your bank or payment provider at its rate on the day, and may include foreign exchange margins and international transaction fees. The contractual price is the US dollar amount.
• (d) You pay every bank and currency charge involved in paying the Service Fee. That includes your own bank's charges, telegraphic transfer fees, any fees that intermediary or correspondent banks deduct while the payment is in transit, and all currency conversion costs and foreign exchange spreads. Banks along the way can deduct their fees without telling you, so when you send the payment, ask your bank to send it with all charges paid by you (in banking terms, the SWIFT charge option “OUR”). The full Service Fee must arrive in our account. If less arrives, we will tell you the shortfall; it remains payable, and work begins only once it has been paid.
• (e) You are responsible for any tax, duty, levy or withholding imposed in your own jurisdiction, and must gross up any payment subject to withholding.
• (f) We provide at our own expense all tools, software, imaging and viewing equipment required, and the Service Fee is inclusive of those costs.

B9. Excluded Artworks — artworks we have already analysed

Please check the Schedule of Prior Analysis before you pay anything. We screen each proposed artwork against this clause before accepting an engagement. If your artwork is an Excluded Artwork, we will tell you in writing as soon as we know and explain what it means, including what your Report would and would not contain if you went ahead (see “If you go ahead: your Report contains only New Findings” below). You then have a choice.

• (a) Stop there — this is what happens by default. You need do nothing. We decline or end the engagement, refund the Quotation Fee in full, and refund any Service Fee you have paid in full, with no deduction for Examination Hours already worked, unless the exception below applies.
• (b) Tell us to go ahead anyway. You may ask us to proceed with the artwork on the footing set out below. If you do, the engagement continues and no refund is due under clause B4(b), because the choice to continue was yours.

How you give that agreement. It must be given by you in writing, after we have told you that the artwork is an Excluded Artwork, separately from any other instruction, and with a reference to our notice — the notice that tells you, among other things, that your Report will contain only New Findings. We will not treat silence, your acceptance of these Terms generally, or your continuing to send us material as agreement to proceed. If we do not receive it within ten Business Days of our notice, paragraph (a) applies and we refund you. While you decide, the time we have to give you a quote stops running (clause B5).

What proceeding means. If you agree to proceed under paragraph (b), then for that engagement: (i) no confidentiality obligation attaches to the artwork itself, or to any finding about it, whether that finding arose during your engagement or otherwise, and clause B13(d) does not apply; but (ii) clauses B13(a) to B13(c) continue to apply in full and permanently, and the permanent bar in clause B13 continues to prevent us from connecting you to any artwork; (iii) our promises not to deal in the artwork keep running: clause B14, except its paragraph (b) on publication, for its full five years, and the Provider's personal promise in clause B32 — only our freedom to publish about the artwork is released; and (iv) your Report contains only New Findings, never anything we had already identified before you paid the Quotation Fee, as the box below sets out.

When we may deduct for hours already worked. A refund under paragraph (a) is made in full. We may deduct our Documented Costs for Examination Hours already worked only where we can show, on the balance of probabilities, that:

• (i) you knew, when you paid, that the artwork was on the Schedule of Prior Analysis;
• (ii) a reasonable person in your position who had checked the Schedule of Prior Analysis before paying would have identified the artwork on it; or
• (iii) our screening did not identify the artwork because a title, artist, attribution, description or other detail you gave us was inaccurate or incomplete.

The burden is ours, not yours. Before making any deduction we must give you, in writing, the ground relied on, our reasons, and the time record and calculation that make up our Documented Costs. No deduction may be made in any other circumstance. In particular, no deduction may be made merely because our own screening missed the artwork, or where the artwork's presence on the Schedule of Prior Analysis was reasonably capable of being missed by someone checking it with care.

This applies only to artworks on the Schedule. A deduction may be made only where the artwork is an Excluded Artwork under paragraph (a) or (e) above — that is, it is on the Schedule of Prior Analysis. Where the artwork is an Excluded Artwork only under paragraph (b), (c) or (d) — our picture book, our public social media channels, or another public channel we operate — the Service Fee is refunded in full and no deduction may be made. You are not expected to have reviewed everything we have ever published.

In every case, the existence of an artwork, its attribution, its authorship, its history, its condition and any other fact about it are not confidential information, and do not become confidential by reason of any engagement. The one exception is in clause B13: if you own the artwork and tell us where it is kept, that information is part of your Client Materials and stays confidential.

B10. Your obligations and warranties

You represent and warrant, when you pay the Quotation Fee and on each occasion you supply Client Materials, that:

• (a) you are at least 18 years of age and have full legal capacity and authority to contract, including on behalf of any principal for whom you act;
• (b) you own, or are licensed or otherwise entitled to supply, all Client Materials, and our receipt, storage and use of them will not infringe any person's copyright, moral rights or other rights;
• (c) the Client Materials and the information you give us are accurate and not misleading, and you have disclosed everything within your knowledge that is material to the artwork;
• (d) you are not a person, and are not acting for a person, who is designated or listed under the Autonomous Sanctions Act 2011 (Cth), the Charter of the United Nations Act 1945 (Cth) or any instrument made under either, including any person on the DFAT Consolidated List, and performance is not otherwise prohibited or restricted by a sanctions measure applying to us;
• (e) you are not engaging us for the purpose of, or in connection with, money laundering, sanctions evasion, tax evasion, fraud or any other unlawful purpose;
• (f) you are not resident or established in Quebec, Canada within the meaning of clause B1, and you are not dealing with us for or on behalf of any person who is;
• (g) the place you selected on the home page as where you live, or where your business is established, and the place you gave at the Stripe checkout as where you are contracting from, is a Served Jurisdiction and is the place where you are in fact resident or established; the province or territory you selected, if any, is correct; and the capacity you selected — Consumer or Business Client — is correct; and
• (h) if you are resident or established in Germany or the Netherlands, you are a Business Client and are acquiring the Art Review wholly or mainly for the purposes of a trade, business, craft or profession or, if you are a public body or institution, in your official capacity, and you will on request supply a valid VAT identification number issued to you (or, if you are a public body or institution that has not been issued one, other official evidence of your status that we reasonably accept).

Warranty (f) is given afresh every time you deal with us. If it stops being true — because you move to Quebec, open an establishment there, or begin acting for someone who is there — you must tell us immediately. We will then end the engagement under clause B21 and refund you under clause B1 — the Quotation Fee in full, and any Service Fee less our Documented Costs for the Examination Hours already worked — and neither of us is liable to the other for anything further. Telling us early costs you nothing; not telling us does not stop the hours being worked.

Warranties (g) and (h) are given afresh every time you deal with us. If a warranty in this clause is or becomes untrue, we may decline or end the engagement under clause B12 or clause B21. Where the warranty that failed is (h), clause B27 governs what is refunded; in every other case the refund position is the one set out in the clause we act under. Telling us promptly costs you nothing.

If a warranty becomes untrue you must tell us immediately. Do not send us identity documents, biometric material, health information or any other sensitive information — we do not require it, do not want it, and will delete it if it is sent.

B11. Sanctions screening and restricted persons

Australian sanctions law prohibits us from dealing with persons and entities who are designated or listed under the Autonomous Sanctions Act 2011 (Cth), the Charter of the United Nations Act 1945 (Cth), or any instrument made under either of them. Those laws target named individuals, entities and vessels. With limited exceptions for particular sectors and regions, they do not prohibit dealing with ordinary residents of any country. Accordingly:

• (a) Before accepting an engagement or the Service Fee, and promptly after a Quotation Fee is paid and before any work begins, we screen your name and the name of any payer against the Australian Department of Foreign Affairs and Trade Consolidated List, the United States OFAC Specially Designated Nationals list (and, where the dealing warrants it, the OFAC Sectoral Sanctions Identifications list), the UK OFSI consolidated list and the EU consolidated list, and record the date and result of that screening.
• (b) We will not proceed where screening returns a match, or where a specific sanctions measure — including a sectoral, trade or region-specific measure — applies to the dealing. Those are the only sanctions grounds on which we decline.
• (c) We do not refuse to deal with anyone by reason of their nationality, country of residence, national or ethnic origin, race, or any other protected attribute. We do not maintain a list of prohibited countries. Nothing in these Terms should be read as permitting us to discriminate on any such ground, and doing so would be unlawful under the Racial Discrimination Act 1975 (Cth), the Anti-Discrimination Act 1977 (NSW) and equivalent laws.

Our payment processor, Stripe, applies its own automated controls to card payments, which may include declining cards issued in, or payment attempts originating from, particular jurisdictions. Those controls are operated by Stripe on its own account and under Stripe's own terms and legal obligations. We neither set nor administer them, and a decline by Stripe is not a decision by us.

We do not collect, and will not ask you for, identity documents, photographs or scans of identity documents, or biometric information of any kind. Refunds where the law allows. If any payment is frozen, rejected or reversed by a payment processor, a bank or an Australian authority on sanctions or financial crime grounds, or if screening returns a match, we will deal with the affected funds as required by Australian law and, where we are lawfully able to do so, we will refund to you any amount we are not permitted to retain.

B12. When we may decline

We may decline to begin or continue at any time before the Service Fee has been paid in full, on any of the following grounds:

• (a) screening under clause B11 returns a match, or a sanctions measure applies to the dealing;
• (b) the artwork is an Excluded Artwork under clause B9;
• (c) we reasonably believe a warranty in clause B10 is untrue;
• (d) we reasonably believe that proceeding would place us in breach of a law, a professional obligation, or an obligation of confidence owed to another person or entity — including an obligation owed to an earlier client (clause B30);
• (e) we do not have capacity to perform within a reasonable time;
• (f) you have behaved abusively or threateningly towards us;
• (g) you are, or become, resident or established in Quebec, Canada (clause B1);
• (h) [not used — see ground (d) and clause B30];
• (i) you are a Consumer resident or established in Germany or the Netherlands, or you are not resident or established in a Served Jurisdiction (clause B1);
• (j) we reasonably believe the artwork, or any material you have supplied about it, depicts subject matter that would be Refused Classification under Australia's National Classification Scheme, or is otherwise illegal for us to possess, examine or deal with; or that a reasonable person would consider psychologically disturbing, gratuitously graphic, gruesome, obscene, hateful, racist, bigoted, blasphemous, insulting, defamatory or otherwise objectionable — going beyond what is customary in historical or fine-art depictions of violence, suffering, death, nudity or the human body;
• (k) we reasonably believe that you have submitted material to us, or made a statement to us, in bad faith — including material you know, or ought reasonably to know, is false, fabricated, misappropriated, or not a genuine and accurate representation of the artwork you are asking us to review; or
• (l) after you have paid the Quotation Fee but before we have issued a quote, you disclose to us in writing a risk of unusually high consequential loss arising from the engagement, and we are not willing to accept that risk — provided we notify you within a reasonable time of the disclosure.

Ground (g) is a geographic limit on the territory we supply, applied identically to everyone resident or established in that province. It is not applied by reference to language, nationality, ethnic or national origin, or any other personal characteristic, and it does not affect anyone outside Quebec.

Ground (d) is stated without explanation. If we decline under ground (d), we will say only that we are declining under ground (d) of this clause, and nothing about which law, obligation or person is involved, because explaining could itself breach the obligation the ground protects.

Ground (j) is a judgment we make ourselves. Whether particular subject matter falls within it is not assessed against any external classification beyond the Refused Classification reference above; we are not obliged to give reasons beyond identifying the ground relied on, and we will not debate the classification with you.

Nothing in this clause permits us to decline on any ground that would constitute unlawful discrimination under the Age Discrimination Act 2004 (Cth), the Disability Discrimination Act 1992 (Cth), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), the Anti-Discrimination Act 1977 (NSW), or any equivalent Commonwealth, State, Territory or foreign law.

If we decline we will notify you in writing as soon as reasonably practicable, state the ground relied on, and refund the Quotation Fee in full and any Service Fee paid within ten Business Days — on ground (a), where the law allows (clause B11). That Service Fee refund is made in full, with no deduction for Examination Hours already worked, on every ground in this clause except three: on ground (b), any deduction is governed by clause B9 and may be made only if that clause permits it; and on ground (g), any deduction is governed by clause B1. On ground (i), where you are a Consumer in Germany or the Netherlands, any deduction is governed by clause B27; on every other limb of ground (i), and on ground (d) (including a decline because of an earlier engagement under clause B30), the refund is in full with no deduction of any kind.

B13. Confidentiality

What is confidential. We must keep confidential, and must not disclose to any person:

• (a) your identity, including your name, any business or entity name you trade or act under, your address, email address and telephone number, and any information from which your identity could reasonably be ascertained;
• (b) the Client Materials you supply up until we deliver your Report or, if no Report is delivered, up until the engagement ends — because the Quotation Fee is refunded, because the engagement is terminated, because you do not enter into a Services Agreement within sixty (60) days of the date of our quote, or because a Services Agreement you signed lapses unpaid (clause B17). Anything you send us after that point is not confidential under this clause, even if you send it to your Engagement Address;
• (c) the fact that you engaged us at all, and the terms on which you did so, including the Service Fee, the Examination Hours and the dates; and
• (d) the contents of the Report, for the period set out under “How long it lasts” below.

What is not confidential. This obligation does not attach to any artwork itself. It does not cover the existence of an artwork, its attribution, its authorship, its history, its condition, where it is kept, stored, displayed or held, or any other fact about it, and it does not cover any Excluded Artwork under clause B9. There is one exception: if you own the artwork and tell us where it is kept, that information becomes part of your Client Materials and is confidential permanently under paragraph (b). If you do not own the artwork, anything you tell us about where it is kept is not confidential. We do not need to know where any artwork is, so please do not tell us.

How long it lasts. Paragraphs (a) to (c) are confidential permanently. That obligation does not expire and survives the end of any engagement. Paragraph (d) — the contents of the Report — is confidential for five (5) years from the date we deliver the Report to you, and then ends. If no Report is ever delivered, paragraph (d) has nothing to attach to. While paragraph (d) lasts, nothing we find for you is disclosed to another client in an Art Review of the same artwork (clause B30).

If you never commission an Art Review. If you do not enter into a Services Agreement for the artwork within sixty (60) days of the date of our quote, or a Services Agreement you signed lapses unpaid (clause B17), the engagement ends at that point for the purposes of paragraph (b), so anything you send us afterwards is not confidential, and from then on we may accept another client's instructions in respect of that artwork. Clause B14, and the Provider's personal promise in clause B32 not to deal in the artwork, keep running for the rest of their five years: paying the Quotation Fee is enough to earn them, and they are not lost because you decide not to go ahead. Paragraphs (a) to (c) of this clause, and the permanent bar below, are unaffected: your identity, your Client Materials and the fact that you dealt with us remain confidential permanently, and we will never connect you to the artwork.

If we refund the Quotation Fee. What happens to the artwork depends on why the Quotation Fee is refunded, before you have paid the Service Fee:

• (i) For a Client-side Reason, or because the artwork is an Excluded Artwork (clause B9): clause B14 and the Provider's personal promise in clause B32 end at that point, and no restriction then remains on us in respect of the artwork, any finding about it, or anything we may do with it.
• (ii) For a Provider-side Reason: clause B14 and that personal promise keep running for their full five years, and we will never, at any time, publish anything derived from your Client Materials or from our work on them (clause B14).

Once you have paid the Service Fee, the Services Agreement applies the same rule (its clause 8.11). Either way, paragraphs (a) to (c) of this clause, and the permanent bar below, still apply, because they protect your personal information rather than the artwork, and we are required to protect it by law independently of this agreement.

Permanent bar on connecting you to an artwork. We must never, at any time, state, publish or imply that you, or any other identified or identifiable person, was our client in respect of any artwork, or otherwise connect an identified or identifiable client with an identified artwork. This applies whether or not the five-year period has ended, whether or not you proceeded past the Quotation, and whether or not you were refunded, and however the connection is made, including by implication, juxtaposition or process of elimination.

Permitted disclosures. We may disclose confidential information only: with your prior written permission; to our own legal, accounting or insurance advisers, who are themselves under a duty of confidence, and only so far as necessary; to the extent required by law, a court, or a regulator with jurisdiction, in which case we will notify you first where lawfully able; or so far as necessary to establish or defend a legal claim between us.

Who may give that permission. Permission may be given by you or, if you have died, by your legal personal representative, or, if you are an entity that has been wound up or deregistered, by your successor in title. It may be given subject to any limit or condition, and may be withdrawn by written notice operating from the date of the notice. This mirrors clause 8.9 of the Services Agreement.

Four exceptions. This clause does not apply to information that: is or becomes public otherwise than through a breach of it; we can show by dated records we already held before you disclosed it; we developed independently and without reference to any confidential information; or we lawfully received from a third party under no obligation of confidence.

Security and notification. We must keep effective control of all confidential information and take all precautions reasonably necessary to prevent its theft or loss or any unauthorised access, use or disclosure. If we become aware of any actual or suspected incident we will notify you promptly and tell you what happened, which information is affected, and what we are doing about it — whether or not the incident is likely to cause you serious harm. See also the breach response procedure in the Privacy Policy.

The only confidential route: pay the Quotation Fee, then use your Engagement Address. Confidentiality under this clause begins only when you pay the Quotation Fee. The Provider then emails you personally from his own address — your Engagement Address — and from then on you must send every photograph, file and piece of information about your artwork or your engagement only to that address, by replying to it. Everything sent there is received and handled by the Provider personally, and that stays true even after any first hire. Your name and contact details collected at the Stripe checkout are protected too.

The one thing we ask you to keep private: your Engagement Address. Your Engagement Address is the Provider's own mailbox. You must not disclose it to anyone else, except to your own legal, accounting or tax advisers, or where the law, a court or a regulator requires it. If you show or give your Report to anyone as clause B15 allows, send it from your own email account rather than forwarding the Provider's emails. This is the only confidentiality obligation these Terms place on you. The limits on how you may use and share the Report itself are licence terms, explained in plain English in clause B15.

Reviews. Nothing in these Terms restricts you from posting an honest review or assessment of our service, provided you do not disclose the email address the Provider uses to receive your Client Materials and communicate with you about your Art Review.

Channels that are not confidential. The website contact form and email@hunchtrail.com are not confidential channels. Anything sent through them may, in future, be read by a staff member who is not bound by this clause, and no confidentiality obligation under this clause applies to it — so do not use them to tell us about an artwork. A notice, claim, complaint or cancellation sent to email@hunchtrail.com or by post still takes effect; it simply is not confidential.

Who can use the confidential route. The Quotation Fee payment button works only for clients in a Served Jurisdiction (clause B1), so this route, and the protection of this clause, is designed only for them. If anyone else pays anyway, paragraphs (a) to (c) of this clause and the permanent bar on connecting a client to an artwork still apply to what they send to the Engagement Address. Anyone else can contact us through the contact form or email@hunchtrail.com, and no confidentiality obligation applies to anything sent that way.

If you have not heard from the Provider. If you have not received an email from the Provider within two Business Days of paying the Quotation Fee, check your spam or junk folder. If it is not there, please wait three more Business Days, in case the Provider has been delayed. If you still have not heard from the Provider five Business Days after paying, email email@hunchtrail.com with your Stripe receipt number only — not your name, and nothing about the artwork. You may send that email from any email address you like: the Provider will reply from your Engagement Address to the email address you gave at the Stripe checkout.

B14. No frontrunning

For five (5) years from the date you pay the Quotation Fee, we must not:

• (a) acquire, offer to acquire, bid for, broker, finance or otherwise pursue or participate in any transaction involving your artwork, whether on our own account or for or with any other person;
• (b) publish, broadcast or otherwise disclose to the public any finding, image or analysis relating to your artwork that is derived from your Art Review or from your Client Materials; or
• (c) do indirectly, or procure, assist or encourage any other person to do, anything paragraph (a) or (b) prevents us from doing directly, including through a spouse, relative, nominee, agent, trustee, or a company or trust we control.

Paying the Quotation Fee is enough. This clause applies from the moment you pay the Quotation Fee, whether or not you go on to commission an Art Review and whether or not any Art Review is completed, and it survives the end of any engagement. Your dated Quotation Fee receipt is evidence of the date the period began.

When it ends early. This clause ends before its five years are up in only two situations: (i) the Quotation Fee is refunded to you for a Client-side Reason; or (ii) the engagement ends because the artwork is an Excluded Artwork (clause B9). In either case we are free from that point to deal with the artwork as we see fit, including by accepting another client's instructions in respect of it. If instead you tell us to go ahead with an Excluded Artwork (clause B9), paragraph (b) does not apply to it, so we remain free to publish about it, but paragraph (a), and paragraph (c) so far as it relates to paragraph (a), keep running for their full five years. What never lapses is the confidentiality of your identity and your Client Materials, and the permanent bar on connecting you to any artwork (clause B13).

If we decline or end the engagement for our own reasons. If we decline or end the engagement for a Provider-side Reason, whether or not we refund you, this clause keeps running for its full five years. In addition, we will never, at any time, publish, broadcast or otherwise disclose to the public any finding, image or analysis derived from your Client Materials or from our work on them.

If you do not go ahead. If you do not enter into a Services Agreement within sixty (60) days of the date of our quote, or a Services Agreement you signed lapses unpaid (clause B17), this clause keeps running for the rest of its five years. From then on we may accept another client's instructions in respect of the artwork (clause B13).

Nor does this clause restrict us from publishing our own independent work concerning any Excluded Artwork, or any artwork other than yours, at any time. We will not use the fact of your enquiry, or anything you have told us, in any such work.

This promise is given personally and does not bind any other person. If we breach it you may recover the loss actually suffered. Our liability for breach of this clause is limited to the Liability Cap in clause B2: the greater of the Service Fee actually paid and US$25,000.

When the five-year period ends, this clause ends, except for the promise above never to publish anything derived from your Client Materials where we declined or ended the engagement for a Provider-side Reason, which has no end date. Clause B13 does not end with it: paragraphs (a) to (c) remain confidential permanently, and the bar on connecting you to an artwork continues to apply.

B15. Intellectual property in the Report and your material

Copyright in the Report vests in us on creation. On receipt of the Service Fee in full we grant you a perpetual, worldwide, irrevocable (subject only to the suspension in this clause), royalty-free, non-exclusive licence to use the Report as a private aid to your own decisions about the artwork. The licence lets you: (a) keep, store and copy the Report for your own records, and annotate your own copy for your own use; (b) show it, in full and with its notices intact, to a valuer, appraiser, authenticator, conservator or other art professional so that they can form their own independent view, as clause B32 permits — they may keep it for their own reference, but not copy it on to anyone else; and (c) give it to your own legal, accounting or tax advisers or to the executor or administrator of your estate, and use it for taxation, estate or legal purposes, including as evidence in proceedings.

What the licence does not cover. You may not give the Report, or any part of it, to an insurer, a lender, or anyone you are negotiating to buy the artwork from or sell it to, and you may not use it in your dealings with any of them — in an insurance claim or application, a loan or financing application, a negotiation, or any sale or purchase document — clause B32 explains why. Consulting the Report privately, together with your own independent advice, when you decide whether to buy, sell, keep or insure the artwork is exactly what the licence is for. You may always tell people what you yourself can see in the artwork: see “Telling people what you can see” in clause B32.

That licence is subject to two conditions: you must not sell, licence or otherwise commercially exploit the Report as a product or publication in its own right; and whenever you show or give the Report to anyone, you must do so in full, with its notices intact — never as an extract. If you breach either condition, the licence is suspended until the breach is remedied. This mirrors clauses 7.2 and 7.3 of the Services Agreement.

This licence does not override two other clauses. It does not permit the Report to be included in a sale, insurance or transaction document — see clause B32. And receiving a copy of the Report under this licence does not make any recipient an addressee who may rely on the Report — see clause B19 (“Addressee only”).

You retain ownership of the Client Materials and grant us a licence to process them solely for the purpose of performing the Art Review. Within 30 days of delivery of the Report, or the engagement otherwise ending, we will delete every working copy of the Client Materials made to carry out the work. Two archival copies are kept, in confidence: (i) every email sent or received in the course of your engagement, with its attachments, in our mailbox; and (ii) a copy on our encrypted offsite backup drive. Both are kept indefinitely, for as long as our permanent confidentiality duties to you last (clause B13), because we may need to prove what you did, and did not, send us. They are used for nothing else. We will confirm in writing, on request, that the working copies have been deleted. We will not publish, reproduce or disclose the Client Materials to any third party without your prior written consent, except as required by law.

We retain ownership of all methods, techniques, know-how, research and materials that existed before, or were developed independently of, your engagement, including every Prior Finding (clause B9).

B16. Privacy

We handle personal information in accordance with our Privacy Policy. The person responsible for the protection of personal information, including for the purposes of Quebec's Law 25, is Bany Jaya, contactable at email@hunchtrail.com or, once you have paid the Quotation Fee, at your Engagement Address (the only confidential channel — clause B13). We do not collect identity documents or biometric information of any kind.

B17. Signing the Services Agreement

Stage 2 requires a signed Art Review Services Agreement. The process is:

• (a) if you accept the quote, Bany Jaya emails you the Services Agreement from your Engagement Address;
• (b) you print it, complete the Schedule, place your initials in every box in the Acknowledgements table, and sign and date the execution block;
• (c) you scan every page and email the scan back to your Engagement Address, by replying to that email — never through the website contact form or to email@hunchtrail.com, which are not confidential;
• (d) Bany Jaya countersigns and emails a complete copy back to you; and
• (e) only then do you pay the Service Fee, within thirty (30) days of the date we email you the countersigned copy.

Time limits. To accept a quote, return the signed Services Agreement within the sixty (60) days for which the quote is valid (clause B5). Once we have countersigned, the Service Fee must reach us in full within thirty (30) days of the date we email you the countersigned copy. If it does not, the Services Agreement lapses and is treated as never having been entered into: you have chosen not to go ahead, and clauses B13 and B14 apply as they do when you do not go ahead.

Do not send any payment before you receive the countersigned copy. Payment sent earlier may be returned. Bank details are supplied with the countersigned copy. Never act on bank details sent to you by anyone else, or on details in an email that does not come from us. Before transferring any funds, verify the details independently: send a new email — not a reply — to your Engagement Address, typing the address yourself or copying it from the first email the Provider sent you after you paid the Quotation Fee. Do not use any address or link given in the email carrying the details, and do not use the website contact form or email@hunchtrail.com. The Provider will confirm the details to you from your Engagement Address.

The Acknowledgements table records, box by box, that you have understood the matters most likely to affect your decision: that you are buying the search rather than the find, that we hold no formal qualifications, that the method is unproven, that we make no claim about value, that we hold no professional indemnity insurance, that you have read the Schedule of Prior Analysis and understood that, if your artwork is an Excluded Artwork and you go ahead, your Report will contain only New Findings (clause B9), and that confidentiality depends on sending everything only to your Engagement Address, which you keep to yourself. An Agreement returned with any box blank will not be accepted. Boxes 4 and 5 are for Consumers in the United Kingdom only. They concern the 14-day cancellation right that clause B24 gives a UK Consumer, and record that you want work to start before that period ends and that you accept the right to cancel is lost once the Report is delivered. If you are not a Consumer in the United Kingdom, strike out boxes 4 and 5 and initial the margin beside them; that does not delay the work. If you are a Consumer in the United Kingdom and would rather keep the 14-day period in full, strike them out in the same way: work then does not begin until the period expires, and the Agreement is still accepted. Choosing to wait costs you nothing except time. Box 12 (arbitration) applies to Business Clients only: a Consumer strikes it out and initials the margin beside it, and the Agreement is still accepted.

Where a signed Services Agreement is in force, it prevails over Part B in respect of the Art Review it covers.

B17A. Consumer rights that cannot be excluded

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL or under any other law, to the extent that it cannot lawfully be excluded, restricted or modified. Any term that purports to do so is void to that extent, and the rest of these Terms continues to operate.

If you are a consumer in the United Kingdom, Canada, Australia or another jurisdiction with mandatory consumer protection laws, nothing in these Terms is intended to deprive you of the protection of any provision of those laws that cannot be derogated from by agreement. Your rights in those jurisdictions are set out in clauses B18 and B24 to B28.

B18. Your rights under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the ACL, including that they will be supplied with due care and skill, will be reasonably fit for any purpose you have made known, and will be supplied within a reasonable time. Nothing in these Terms excludes, restricts or modifies those guarantees.

If there is a problem that is not a major failure, you may require us to remedy it within a reasonable time. If we refuse, or fail to do so within a reasonable time, you may have the problem remedied elsewhere and recover the reasonable costs of doing so from us, or terminate the engagement and recover a refund of any amount paid for services not yet supplied.

If there is a major failure, or a failure that cannot be remedied, you may:

• (a) terminate the engagement and recover a refund of amounts paid; or
• (b) keep the Report and recover compensation for the reduction in value of the services below the price paid.

You choose which. In either case you may also recover damages for any other reasonably foreseeable loss or damage.

A failure is a major failure if, among other things, a reasonable consumer fully acquainted with the nature and extent of the failure would not have acquired the services, or the services are substantially unfit for a purpose made known and cannot be made fit within a reasonable time.

You do not need to give notice within any particular period to exercise a right under this clause, and the twelve-month notice period in clause B19 does not apply to a claim under it. To make a claim, email your Engagement Address describing the problem; we respond within ten Business Days.

B19. Our liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, fraud, or any liability under mandatory consumer law. Subject to that, our liability is limited as set out in this clause. Nothing in this clause applies to the extent that the mandatory law of your own place of residence provides otherwise.

Severability of the cap — each limb stands alone. The limits in this clause are given as separate and independent obligations, and are to be read as a descending series. If the limit in any paragraph below is held unenforceable, void or inapplicable under the law of any jurisdiction, that paragraph is severed and the next one applies in its place, and so on; the failure of one paragraph does not affect any other. In particular, and for the avoidance of doubt in Germany, each of the following is a separate agreement:

• (i) our total liability is limited to the Liability Cap; failing which
• (ii) our liability is limited to loss foreseeable at the time of contracting as a typical consequence of the breach (in Germany, the vertragstypischer vorhersehbarer Schaden); failing which
• (iii) our liability is limited to the maximum extent permitted by the applicable law.

None of paragraphs (i) to (iii) applies to liability for death or personal injury, for fraud, or under any mandatory product liability or consumer law. Where German law applies to an engagement, none of them applies either to liability for intent or gross negligence, or for breach of an obligation the fulfilment of which is essential to the proper performance of the engagement and on which you may reasonably rely (a Kardinalpflicht). That second sentence is included because German law would otherwise strike the whole clause rather than read it down.

Subject to clauses B17A, B18 and B24 to B28, and subject to the paragraph above, and to the maximum extent permitted by law:

• (a) our total aggregate liability arising out of or in connection with an engagement, however arising, including in contract, in tort (including negligence) or under statute, is limited to the Liability Cap in clause B2;
• (b) we are not liable for any loss of profit, revenue, opportunity, bargain or anticipated saving, any diminution in the value of an artwork or other property, any loss arising from a decision to buy, sell, retain, insure or refrain from acquiring any artwork, or any indirect or consequential loss;
• (c) paragraphs (a) and (b) do not limit our liability for fraud, or for personal injury or death caused by our negligence; and
• (d) our liability is reduced proportionately to the extent that your act or omission, or your failure to obtain the independent professional advice referred to in clause B7, caused or contributed to the loss; and
• (e) you have a duty to mitigate any loss to the extent reasonably possible, in the same way as at general law.

If, at any time after paying the Quotation Fee, you become aware of a specific risk of unusually high consequential loss arising from the engagement, telling us in writing before we issue a quote gives us the chance to price for that risk or, under clause B12(l), decline the engagement because of it. A risk you become aware of only after that point, or choose not to disclose, does not expand what is recoverable under paragraph (a) or (b) above — those paragraphs apply regardless. Separately, loss arising from a use of a Report that clause B32 prohibits is not loss we accept any liability for, in any circumstance.

If you are a Business Client: limitation of remedy. Where the Australian Consumer Law applies and section 64A permits it, our liability for failure to comply with a consumer guarantee in respect of services is limited, at our election, to supplying the services again or to paying the cost of having the services supplied again. This paragraph does not apply where you are a Consumer, and does not apply where the services are of a kind ordinarily acquired for personal, domestic or household use or consumption, or where it would not be fair or reasonable for us to rely on it.

You should notify us in writing of any claim within twelve months of becoming aware of the matter giving rise to it. This does not apply to, and does not shorten any limitation period for, a claim under clause B18, B24, B26, B27 or B28, or any other claim under a law that cannot be excluded by agreement. Nor does it apply where the law of your own country of residence gives you a longer period to bring a claim and that period cannot be shortened by agreement. In that case the period given by your own law applies instead, and this paragraph is to be read as if it were not there.

B20. Indemnity — Business Clients only

If you are a Consumer, this clause does not apply to you at all. You give us no indemnity of any kind. Nothing in these Terms requires a Consumer to indemnify us, to hold us harmless, or to meet our costs of defending a claim.

If you are a Business Client, the following mutual indemnity applies.

• (a) You indemnify us against any loss, damage, cost or expense we suffer arising from your breach of the warranties in clause B10, including any third party claim that our receipt or use of the Client Materials infringed that party's rights.
• (b) We indemnify you, on the same terms and to the same extent, against any loss, damage, cost or expense you suffer arising from our breach of clause B13 (confidentiality) or clause B14 (no frontrunning).
• (c) Each indemnity is limited to loss caused by the indemnifying party's breach, is reduced proportionately to the extent the other party's own act or omission contributed to it, is capped at the Liability Cap in clause B2 that applies to the breach concerned (the same figures apply to each of us), and does not apply to loss the indemnified party could have avoided by taking reasonable steps.

B21. Termination

Either of us may terminate by written notice if the other commits a material breach that is not capable of remedy, or is not remedied within 14 days of written notice specifying it. You may terminate for convenience at any time by written notice. We may terminate immediately if a warranty in clause B10 is or becomes untrue, if we reasonably believe continuing would place us in breach of the law, if we reasonably suspect fraud or other unlawful conduct, or if you fail to pay an amount when due and do not remedy that within 7 days of notice.

On termination we refund the Service Fee less our Documented Costs for the Examination Hours actually worked, unless the engagement ends for a Provider-side Reason (next paragraph). If you dispute the calculation, clause B23 applies. This does not limit any right you have under clauses B18 or B24 to B28. This paragraph is subject to clause B9: where an engagement ends because the artwork is an Excluded Artwork, the Service Fee is refunded in full and a deduction may be made only if and to the extent clause B9 permits. It is also subject to clause B27, where an engagement ends because you were in fact a Consumer in Germany or the Netherlands, and to clause B30, where we decline because we have already reviewed the artwork for another client. In each of those cases the refund rule in the clause named there applies instead of this paragraph.

If the engagement ends for a Provider-side Reason, you choose. If the engagement ends after some Examination Hours have been worked, for a reason on our side — including our own breach, or an event affecting our performance (clause B21A) — we will tell you what has happened, and you then choose, in writing, between: (a) a full refund of the Service Fee, with no deduction; and (b) a short interim Report on the Examination Hours actually worked, in which case we refund the Service Fee less our Documented Costs for those hours. If you have not chosen within ten Business Days of our telling you, you receive the full refund. If the artwork is an Excluded Artwork, an interim Report, like any Report, contains only New Findings (clause B9).

Termination does not affect any accrued right or liability. Clauses B7, B8, B9, B10, B13, B14, B15, B16, B17A, B18, B19, B20, B21A, B22, B23, B24, B26, B27, B28, B29, B30, B31 and B32 survive, together with any other provision which by its nature is intended to continue after an engagement ends.

B21A. Force majeure

Neither party is liable for any delay or failure to perform (other than an obligation to pay money) to the extent the delay or failure is caused by an event beyond that party's reasonable control, including but not limited to illness or incapacity of the Provider, natural disaster, fire or flood, war, act of terrorism or civil unrest, governmental action, including a change in sanctions or export-control law, failure of internet, power, postal or courier services, or failure of a third-party service either party reasonably relies on. The affected party must notify the other as soon as reasonably practicable, describing the event and its likely effect on performance. Both parties must use reasonable endeavours to minimise that effect and resume performance as soon as reasonably possible. If the event continues for more than 60 days, either party may terminate the engagement by written notice, with the refund calculated under clause B21; where the event is one affecting our performance, the termination is for a Provider-side Reason, so you choose between a full refund and a short interim Report with the hours worked charged. This clause does not affect any guarantee, right or remedy that cannot be excluded, restricted or modified by law, including the guarantee of supply within a reasonable time.

B22. Changes to Part B do not affect an existing engagement

We may vary Part B by publishing varied terms on the Site. No variation affects an engagement already formed. The terms of an engagement already formed can be changed only by written agreement between you and us, and a signed Services Agreement can be changed only as its own variation clause allows (in writing, signed by both of us). The version that applies to your engagement is the version in force on the day you paid the Quotation Fee. We keep a dated copy of every version and will supply the applicable one on request at any time. This applies to every clause, including those dealing with liability, confidentiality and cancellation.

B23. Complaints and disputes

Email your Engagement Address setting out the problem and the outcome you want, or write to us at the address in clause B3. We will acknowledge within three Business Days and give a substantive response within 30 days.

Mediation — optional, and paid for by us

If a complaint about an Art Review Service Fee or the Art Review itself is not resolved, either of us may propose mediation. The following applies to that mediation.

• (a) It is voluntary. Neither of us has to agree to it, and a refusal carries no consequence.
• (b) It does not block you from going to court. You may commence proceedings at any time, whether or not mediation has been proposed, attempted, or completed. Nothing in this clause is a precondition to proceedings, and nothing in it delays them.
• (c) We pay for it. We pay the mediator's fees and the administrative fees in full, up to US$1,500 or its equivalent in the currency of the mediation. If the costs will go above that figure, we will tell you before they are incurred, and you may then choose either to share the excess equally with us or to withdraw. You are never asked to pay anything to begin or to attend.
• (d) You do not have to travel. The mediation is conducted remotely, by video or telephone, unless you ask for it to be held in person. You may propose any venue or format; we may accept or decline that proposal, and if we decline, the mediation is held remotely or in Sydney at our election. You are never required to attend in Sydney or anywhere else in person.
• (e) Who mediates. For a Consumer in the United Kingdom, an ADR provider accredited for consumer disputes under the Digital Markets, Competition and Consumers Act 2024 (UK). For everyone else, a mediator accredited by the Resolution Institute, or any other mediator we agree on.
• (f) It is not binding. The mediator has no power to impose an outcome. Nothing said in the mediation may be used in later proceedings.
• (g) The Quotation Fee is outside this clause. A dispute about the US$249 Quotation Fee is not mediated. Mediation exists for disputes about the Art Review, where the sums are large enough to be worth mediating. Whether the Quotation Fee is refunded is governed by clause B4, which is the complete list of grounds. Simply being dissatisfied with the Quotation, or with the figure in it, is not one of them.

If you are a Business Client, this clause is subject to clause B31, which requires disputes to go to arbitration. Clause B31 does not apply to Consumers, and no Consumer may be required to arbitrate.

Nothing in this clause prevents you from complaining to, or seeking a remedy through, a regulator, ombudsman, consumer tribunal or dispute resolution scheme in your own jurisdiction at any time — including the Australian Competition and Consumer Commission, a State or Territory fair trading body, the UK Citizens Advice consumer service, a Canadian provincial consumer affairs office, or a State Attorney-General or consumer protection office in the United States.

B24. Your right to cancel if you are a Consumer in the United Kingdom

This clause applies if you are a Consumer resident in the United Kingdom. It gives effect to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. It does not apply to a Business Client. It does not apply in Germany or the Netherlands, because we supply Business Clients only in those countries — see clause B27.

B24.6 — How you give that request and acknowledgement. Nothing is pre-ticked and nothing is assumed. You give them expressly, and separately:

• At the Quotation stage, through two separate questions at the Stripe checkout: one asking whether you want us to start work before your 14 days expire, and one asking you to acknowledge that your right to cancel ends once we have sent you the quote.
• At the Art Review stage, through boxes 4 and 5 of the Acknowledgements table in the Services Agreement, which you initial by hand.

If you do not give both, we will not begin work until the cancellation period has expired, and you may cancel within the 14 days and receive a full refund. Choosing not to start early costs you nothing except time.

B24.7 — Durable medium. After you order, the Provider sends you a confirmation by email, from your Engagement Address, containing these Terms, this cancellation notice and the model cancellation form, so you have a copy you can store and reproduce. If you have not received that email within two Business Days, follow the steps under “If you have not heard from the Provider” in clause B13.

B24.8 — If we have not told you about your right to cancel, the cancellation period is extended by up to 12 months, and you will not be liable to pay anything for services supplied during the extended period.

B24.9 Nothing in these Terms deprives you of the protection of any provision of the law of your country of residence that cannot be derogated from by agreement.

B25. Model cancellation form (United Kingdom)

Complete and return this form only if you wish to withdraw from the contract. You are not obliged to use it — any clear statement will do.

B26. Your rights if you are a consumer in Canada

This clause applies if you are a consumer resident in Canada. It supplements, and does not limit, your rights under the consumer protection legislation of your province or territory.

• (a) Pre-contract disclosure. Before you enter into a contract with us we disclose: our name, business address and email addresses (email@hunchtrail.com before you pay, and your Engagement Address after you pay — see clause B13; we do not operate an inbound telephone line; dealings are by email, though we may telephone you about your own order if we cannot reach you by email or need to reach you urgently); a fair and accurate description of the services, including the Examination Hours and what the Report will and will not contain; the itemised price, being the Hourly Rate multiplied by the Examination Hours; the total amount payable and the currency; the terms and method of payment; the estimated date of delivery; and your cancellation, refund and complaint rights. That disclosure is made in clause B3, in the Quotation and in the Services Agreement.
• (b) Opportunity to accept, decline and correct errors. Before you are bound, you have an express opportunity to accept or decline and to correct any error. If you spot an error, tell us before paying or signing and we will correct it: before you pay the Quotation Fee, email email@hunchtrail.com (not confidential — do not identify the artwork); after you pay, email your Engagement Address.
• (c) Copy of the agreement. We will deliver a copy of the agreement to you by email within 15 days of you entering into it.
• (d) Cancellation. You may cancel within 7 days of receiving the copy if we failed to make the disclosure required by paragraph (a), and within 30 days of entering into the contract if we fail to deliver a copy as required by paragraph (c). These rights are in addition to any longer or additional cancellation right conferred by the law of your province, including under Ontario's Consumer Protection Act and British Columbia's Business Practices and Consumer Protection Act.
• (e) Quebec is excluded. We do not supply the Art Review service to anyone resident or established in Quebec, and we do not accept Quebec clients. The service, and every communication and document connected with it, is available in English only; there is no French version of these Terms, of the Privacy Policy, or of the Services Agreement, and we are not able to conduct dealings in French. If you are in Quebec, do not pay — see clause B1, which also sets out how any amount you have paid is refunded if a payment is made from Quebec despite this.
• (f) Electronic messages. We send only transactional messages relating to an engagement. We do not send promotional commercial electronic messages and do not operate a marketing mailing list. If that changes, we will obtain consent as required by Canada's Anti-Spam Legislation before sending any such message.

B27. If you are in Germany or the Netherlands

We supply Business Clients only in Germany and the Netherlands. If you are resident or established in either country, you may enter into an engagement with us only as a Business Client, acquiring the Art Review wholly or mainly for the purposes of a trade, business, craft or profession or, if you are a public body or institution, in your official capacity. We do not offer, market or supply the service to a Consumer in either country, and we cannot accept such an engagement on any terms — not on these Terms, and not on separately negotiated terms.

Why. The consumer distance-selling regimes of those countries impose requirements — on the wording of the payment button, on the language of pre-contractual information, and on the form of the withdrawal notice — that a one-person business trading in English from Australia cannot reliably meet. Rather than meet them badly, we do not supply Consumers there at all. That is a limit on the type of client we take, applied identically to everyone, and it is not applied by reference to nationality, language, ethnic or national origin or any other personal characteristic.

Verification. Before beginning work we will ask you by email to confirm your business status a second time, and to supply a valid VAT identification number issued to you (or, if you are a public body or institution that has not been issued one, other official evidence of your status that we reasonably accept). You may also enter that number at the Stripe checkout, where it is optional; supplying it there is faster. We check that the number is valid on the European Commission's VIES service and, where VIES shows the registered name (it does not for German numbers), that it matches you; otherwise we check your name against an official register extract you provide, such as one from the German Handelsregister or the Dutch KvK (Kamer van Koophandel) register. If the number does not validate, or the name does not match, we end the engagement and refund you under this clause.

If it turns out you were a Consumer. If we find at any time that you were in fact a Consumer when you contracted, we will end the engagement under clause B21 and refund you within ten Business Days, as follows.

• (a) The Quotation Fee is refunded in full, with no deduction of any kind, whatever stage the engagement has reached.
• (b) Any Service Fee you have paid is refunded in full, with no deduction, unless paragraph (c) applies.
• (c) We may deduct our Documented Costs for the Examination Hours actually worked only where we can show, on the balance of probabilities, that when you gave warranty B10(h) you knew you were a Consumer, or were reckless as to whether you were. An honest mistake about your own status is not enough.
• (d) The burden is ours, not yours. Before making any deduction we must give you, in writing, our reasons, together with the time record and calculation that make up our Documented Costs. No deduction may be made in any other circumstance.

Paragraph (c) is not a penalty. It is payment for examination work that has in fact been carried out and cannot be given back, at the rate you had already agreed, and it exists only so that a false declaration of business status is not a route to obtaining the service for nothing. The second confirmation described above is given precisely so that an honest mistake is caught before any hours are spent, when a full refund costs neither of us anything.

Nothing in this clause is intended to remove or limit any right that the law of Germany or the Netherlands confers on a person who deals with us despite it, and that cannot lawfully be excluded by agreement.

B28. If you are in the United States

Nothing in these Terms limits any right you have under the consumer protection or deceptive trade practices statute of your State, to the extent that right cannot lawfully be waived. Clauses B6, B7 and B9 describe the nature and limits of the service, and you should read them before ordering. We do not offer, and nothing in a Report constitutes, an appraisal within the meaning of the Uniform Standards of Professional Appraisal Practice or any comparable standard.

B29. General

• (a) Relationship. We supply the Art Review as an independent supplier of services. Nothing makes us your employee, agent, adviser, representative, partner or joint venturer, and nothing creates a fiduciary relationship. We have no authority to bind or act for you.
• (b) Governing law. Part B is governed by the laws of New South Wales, Australia, and we each submit to the non-exclusive jurisdiction of its courts, subject to clause B31 where you are a Business Client. If you are a Consumer resident outside Australia, nothing in this clause deprives you of any right to bring proceedings in the courts of your place of residence, or of the protection of the mandatory laws of that place. If you are a Consumer resident in the United Kingdom, you also benefit from the mandatory consumer protections of the law of the part of the United Kingdom where you live, and you may bring proceedings in the courts of that part of the United Kingdom.
• (c) Notices. Notices must be in writing. We send notices to the email address you gave us. You send notices to us at your Engagement Address or, if the Provider has not yet emailed you, to email@hunchtrail.com (which is not confidential). A notice sent to email@hunchtrail.com, or by post to the address in clause B3, at any time still takes effect, but is not confidential (clause B13). A notice is taken to be received on the Business Day it is sent if it is sent before 5.00pm on that day, and otherwise on the next Business Day. Times are the local time in Sydney, New South Wales, being Australian Eastern Standard Time or, while daylight saving is in force in New South Wales, Australian Eastern Daylight Time. A notice is not taken to be received if the sender receives a delivery failure message.
• (d) Severance. If a provision is void or unenforceable it is severed and the remainder continues to operate.
• (e) Assignment. Neither of us may assign, novate or otherwise transfer an engagement, or any right or obligation under it, without the other's prior written consent. The Art Review is performed by the Provider personally, and anything you send to your Engagement Address as part of the Art Review is seen only by the Provider personally.
• (f) Entire agreement. These Terms, together with the Quotation, the Privacy Policy, the Schedule of Prior Analysis and any signed Services Agreement, are the entire agreement between us in relation to their subject matter, other than any representation made fraudulently and any statement, guarantee or right that cannot be excluded by law.
• (g) Language. These Terms, the Quotation, any Services Agreement, the Report and every communication between us are in English only. You confirm that you are able to read and understand English, and that you have read these Terms in English. We do not provide translations, and we are not able to conduct an engagement in any other language. Where the law of your own country gives you a right to receive particular information in another language, and that right cannot be excluded by agreement, this clause does not affect it.
• (h) No third-party rights. Part B confers no rights, remedies or obligations on any person who is not a party (or a party's permitted successor or assign), whether express or implied. This clause does not narrow the licence to show or give the Report to the art professionals and advisers named in clause B15 — that is a right exercised through your own licence, not an independent third-party right. Nor does it affect any right a person has independently of this contract, including a Consumer's non-excludable statutory rights, or the ability of a client's legal personal representative or successor in title to give or withdraw permission under clause B13 (“Who may give that permission”).

B30. Artworks we have already reviewed for another client

We will not carry out a second Art Review of an artwork we have already reviewed for someone else, within five (5) years of delivering the first Report. While the earlier Report is still confidential under clause B13(d), a second Report would cover the same ground and could repeat its findings. Telling you that the artwork had been reviewed before could also, depending on who is known to own or to have owned it, point to the earlier client by process of elimination, which the permanent bar in clause B13 forbids. We are not willing to take either risk, and no fee makes it acceptable.

Findings stay with the client they were made for. Findings made in an Art Review for one client are never disclosed to a different client in an Art Review of the same artwork until the five-year confidentiality period for the earlier client's Report contents (clause B13(d)) has expired. This clause declines a later Art Review of the artwork in that period; and where it does not apply because the artwork is an Excluded Artwork, anything identified for an earlier client before the later client paid the Quotation Fee is a Prior Finding (clause B9), which stays out of the later client's Report.

We screen every proposed artwork against our own records before accepting an engagement, in the same way we screen it against the Schedule of Prior Analysis under clause B9.

What happens if your artwork is one of them. We decline, or end the engagement, on ground (d) of clause B12 (an obligation of confidence owed to another person) — this clause allows us to do so at whatever stage the engagement has reached — and we refund the Quotation Fee in full — together with any Service Fee you have paid, also in full and with no deduction of any kind for Examination Hours already worked — within ten Business Days. We will identify only ground (d), and say nothing more. Ground (d) also covers declines for legal, professional and other reasons, so citing it does not reveal that the artwork has been reviewed before. For as long as the earlier Report's contents remain confidential under clause B13(d) — five years from its delivery — we will not confirm, deny or discuss whether any particular artwork has been the subject of an earlier engagement, whoever asks and however the question is put. After that we may say that we examined an artwork as part of an Art Review, but never in a way that could identify the client, directly or by process of elimination (clause B13).

We accept that a client who is refused under ground (d) may draw their own conclusion. We cannot prevent that inference, and we will not confirm it.

This clause does not apply where no Report was delivered to the earlier client — for example, where the earlier engagement did not proceed past the Quotation — because there are then no findings belonging to that engagement to protect. Nor does it apply to an Excluded Artwork under clause B9, which is governed by that clause instead.

B31. Arbitration — Business Clients only

This clause applies only if you are a Business Client. It does not apply to a Consumer, and no Consumer may be required to arbitrate any dispute with us. If you are a Consumer, clause B23 applies and you keep every right you have to go to the courts of your own country.

Any dispute, controversy or claim arising out of, relating to or in connection with an engagement between us, including any question as to its existence, validity, breach or termination, is to be resolved by arbitration in accordance with the ACICA Arbitration Rules. The following apply.

• (a) Seat. The seat of the arbitration is Sydney, New South Wales, Australia.
• (b) Tribunal. One arbitrator, appointed in accordance with the ACICA Arbitration Rules.
• (c) Language. English.
• (d) Hearings may be held remotely. You may propose that any hearing or conference be conducted by video or telephone, or at a venue other than Sydney. We may accept or decline that proposal at our discretion, and if we decline, the hearing is held in Sydney. The seat remains Sydney in every case; where a hearing is physically held does not change the seat, the governing procedural law, or the courts that supervise the arbitration.
• (e) Award. The award is final and binding, and may be enforced in any court of competent jurisdiction under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).
• (f) Interim relief. Nothing in this clause prevents either of us from applying to a court for urgent interlocutory or injunctive relief.
• (g) Mediation first. Clause B23 still applies, and either of us may propose mediation before or during an arbitration.
• (h) German standard-terms law is excluded. Where you are a Business Client established in Germany, the Parties expressly agree that §§305 to 310 BGB do not apply to this arbitration agreement or to the terms whose disputes it governs. This agreement is made in reliance on the decision of the Bundesgerichtshof of 9 January 2025 (I ZB 48/24), which recognises that parties may validly agree to disapply §§305 to 310 BGB where disputes are referred to arbitration. If that exclusion is held ineffective in whole or in part, the arbitration agreement itself survives and the liability limits in clause B19 apply in the descending order set out there.
• (i) Separate assent for business clients. This clause is not concluded by your use of the website. If you are a Business Client you assent to it separately and expressly, in writing, by initialling the arbitration acknowledgement in the Art Review Services Agreement before it is signed. Until that happens, no arbitration agreement exists between us and clause B29 applies. This is so that the arbitration agreement satisfies the writing requirement in Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).

Please read this clause before agreeing to it. Arbitration is private and final. You give up the right to have the dispute decided by a court and the right to appeal on the merits. It can cost more than a court claim for a small sum. If the amount in dispute is modest, tell us and we will not object to the matter being dealt with in a small claims tribunal or equivalent low-value forum instead.

B32. What a Report may not be used for

We do not trade in art, and we are not an intermediary in the sale or purchase of art. We never buy, sell, offer, broker, introduce, appraise for sale, hold, ship, store or take custody of any artwork, we never act for a buyer or a seller in any transaction, we never hold client money other than our own fees, and we are not paid by reference to any transaction or its value. We do not facilitate transactions in art, and we do not wish to.

You agree not to present a Report as part of a transaction. As a condition of the engagement you agree that you will not, and will not permit any other person to:

• (a) represent, imply or hold out that we have facilitated, advised on, brokered, introduced, valued for, authenticated for, or in any way participated in a sale, purchase, loan, exchange, pledge or other transaction in the artwork;
• (b) include a Report, or any part of one, in a sale catalogue, listing, prospectus, invoice, condition report, provenance file, insurance submission, loan application or transaction document, or in any material offered to a prospective buyer, lender, or insurer;
• (c) describe a Report as a valuation, appraisal, authentication, attribution, certificate, expert report or evidence of authenticity or value; or
• (d) use our name, the name of the service, or any part of a Report in connection with the marketing or sale of any artwork.

Showing a Report to another art professional for their own reference is not, by itself, a breach of this clause. You may show a Report, in full and with the notice described in clause B19 intact, to a licensed or professional valuer, appraiser, authenticator, conservator or other art professional, so that they can form their own independent view — provided that it is not attached to, incorporated into, or offered as part of any catalogue, listing, prospectus, invoice, condition report, provenance file, insurance submission, loan application or transaction document, and it is not described to them as a valuation, appraisal, authentication, attribution, certificate, expert report or evidence of authenticity or value. Doing this does not, of itself, engage paragraph (a), (b), (c) or (d) above. It remains your responsibility to make sure they understand, before they see it, that they may not rely on it and acquire no rights against us by seeing it — which is also why the Report carries that notice printed within it, and not only in this contract.

Telling people what you can see. Where a Report identifies something, it also shows you how to see it for yourself. Nothing in this clause stops you telling or showing anyone you wish, in your own words — including by pointing it out on the artwork, or on your own photograph or sketch of it — what you yourself can see in the artwork, including details you first learned to see from the Report. What you say is your own observation, made on your own responsibility. What this does not allow is presenting or passing on the Report itself, or any part of it (including its annotated images), for a purpose this clause prohibits; using our name or the name of the service in connection with the marketing or sale of any artwork; or saying or implying that we endorse what you say, or that we have valued, authenticated or attributed the artwork or taken part in any dealing in it.

This is not a formality. Our position outside the art-market anti-money-laundering regimes of the United Kingdom, the European Union and elsewhere depends on our not trading in, and not acting as an intermediary in, the sale or purchase of art. Presenting a Report as a transaction document undermines that position, and it also misdescribes what a Report is.

Nothing in this clause stops the Provider personally buying, selling or owning artworks in his own private capacity, unconnected to this service and to any engagement — that is a separate, personal activity, and this clause governs the business only. That said:

• (i) For five (5) years from the date the Quotation Fee is paid for an engagement — the same period, and the same trigger, as clause B14 — the Provider will not acquire, offer to acquire, bid for, broker, finance, or otherwise pursue or participate in any transaction involving the artwork that engagement concerns, whether on his own account or for or with any other person, nor do so indirectly through a spouse, relative, nominee, agent, trustee, or a company or trust he controls; and
• (ii) that restriction continues beyond five years, for as long as the Provider holds non-public information a client gave him in confidence in connection with that engagement — since that information stays confidential under clause B13 without a time limit, the restriction on trading based on it does too.

Both restrictions end, or never arise, only when clause B14 ends early or never applies to the artwork: where the Quotation Fee is refunded to you for a Client-side Reason, or the engagement ends because the artwork is an Excluded Artwork (clause B9); or, once you have paid the Service Fee, where the Services Agreement releases them under its clause 8.11. They do not end because you decide not to go ahead after receiving a quote, or because we decline or end the engagement for a Provider-side Reason, whether or not we refund you. Your identity, your Client Materials and the bar on connecting you to the artwork stay protected regardless.

Neither restriction applies to an Excluded Artwork (clause B9) — unless you tell us to go ahead with it anyway, in which case both apply to it in full. Nor does either apply to non-public information the Provider's own research produces, unprompted by any client — that is his own work product, not something entrusted to him by anyone else.

You hold us harmless for uses of a Report that these Terms do not allow. If you breach this clause, or give or show a Report to another person in a way clause B15 does not allow and that person relies on it, you release us from, and hold us harmless against, any claim, loss, liability or cost arising from that use or reliance. What you may have to pay us under this paragraph is capped at the Liability Cap in clause B2, applied as it would apply to us for a breach of the same kind — which, because a Report exists only once the Service Fee has been paid, means the Service Fee actually paid. The same figures apply to each of us. This release does not apply, and cannot be relied on by us, to the extent the claim arises from our own fraud, dishonesty, bad faith, wilful misconduct or deliberate concealment, or from anything else that cannot lawfully be released. If you are a Consumer, this paragraph imposes no obligation on you to indemnify us or to pay our costs — see clause B20 — and operates only as a release in respect of your own use of the Report.

Part C — Direct Hardcover Book Purchases (Australia)

C1. When Part C applies, and when it does not

• (a) It applies when you buy a copy of the Hardcover Book directly from us through the payment link on this Site (the Checkout), for delivery to an address in Australia. These payment links are shown in the image below.
• (b) It does not apply to the Art Review service. Part B of these Terms of Service, and the two boxed notices near the top of this page, describe the Art Review service only. Nothing in them applies to a hardcover book order, and nothing in Part C applies to an Art Review. The two are separate contracts for separate things, and neither affects the other.
• (c) It does not apply to a copy bought from anyone else. If you bought a copy of the book — in any format — from Amazon, a bookshop, a library supplier or any other retailer, your contract is with them. Their terms, their delivery arrangements and their returns policy apply, not ours. We are still the publisher, and your rights against a publisher or manufacturer under the Australian Consumer Law are unaffected — see clause C14.
• (d) It does not apply to a bulk or trade order. See clause C5.
• (e) Part A still applies to your use of this website generally. If Part A and Part C say different things about a hardcover book order, Part C applies.

C2. Definitions used in Part C

Hardcover Book

A copy of the hardcover edition of the picture book Nicky's Secret: A Christmas Story, written and co-illustrated by Bany Jaya, in either of the two conditions we sell it in: a standard copy, or a Factory Seconds copy — see clause C5A. Part C applies to the hardcover edition only, in both conditions, unless a clause says otherwise. It does not apply to the softcover edition, which we do not sell directly from this Site.

Business Day

A day that is not a Saturday, Sunday or public holiday in Sydney, New South Wales.

Checkout

The Stripe-hosted payment page reached from the relevant payment link on this Site. A standard copy and a Factory Seconds copy each have their own payment link and their own Checkout.

Consumer

Has the meaning given by section 3 of the Australian Consumer Law. For a hardcover book at this price, essentially every buyer is a Consumer — including a buyer who gives us a business name and ABN. See clause C14.

Delivery Address

The Australian address you give at the Checkout for delivery of the Hardcover Book.

Factory Seconds

Has the meaning given in clause C5A.

Order

A completed purchase of a Hardcover Book through the Checkout.

we, our, us, I

Bany Jaya trading as The Hunch Trail™ (ABN: 40 337 610 019) of 12A Ferraro Crescent, West Hoxton NSW 2171, Australia.

C3. Who we can sell to

• (a) Australian delivery only. We accept orders for delivery to an address in Australia only. The Checkout will not accept a delivery address in another country.
• (b) You do not have to live in Australia. You may order from anywhere in the world, as long as the Hardcover Book is delivered to an Australian address — for example, as a gift to someone here. Your order is still governed by Part C and by Australian law. If you are a consumer resident outside Australia, clause C20(b) preserves your own country's mandatory protections.
• (c) You must be 18 or over to place an order. If you are under 18, ask a parent or guardian to order for you.
• (d) A correct address is your responsibility. We deliver to the address you type in. See clause C8(d) for what happens if it is wrong.
• (e) Sanctions. Australian sanctions law prohibits us from dealing with persons and entities who are designated or listed under the Autonomous Sanctions Act 2011 (Cth), the Charter of the United Nations Act 1945 (Cth) or any instrument made under either of them. We do not screen book orders against sanctions lists, because an Order is an over-the-counter retail sale of a single low-value consumer good, delivered within Australia and paid for by card through Stripe. But we will not proceed with an Order if we become aware that you are such a person, or that a sanctions measure applies to the sale. If a payment is frozen, rejected or reversed by a payment processor, a bank or an Australian authority on sanctions or financial crime grounds, we will deal with the affected funds as Australian law requires and, where we are lawfully able to, refund you any amount we are not permitted to keep. We do not refuse to sell to anyone by reason of their nationality, country of residence, national or ethnic origin, race, or any other protected attribute.

C4. Price, and what it includes

• (a) The price shown at the Checkout is the total amount payable for one Hardcover Book and standard delivery to your Delivery Address anywhere in Australia. No tax, duty, surcharge, booking fee or handling fee is added to it.
• (b) Express delivery costs extra. If you choose Express delivery at the Checkout, the additional amount is shown to you there, before you pay.
• (c) GST. We are not currently registered for GST. No GST is charged on, or included in, the price, and we cannot issue a tax invoice. If we become registered for GST, prices shown to buyers in Australia will include GST from the date our registration takes effect, and the Checkout will say so. Registering does not change the price of an Order you have already paid for.
• (d) The price that applies to your Order is the price shown at the Checkout at the moment you pay. We may change our prices at any time. A change never applies backwards to an Order already paid for.
• (e) Currency. Prices are in Australian dollars. If your card is denominated in another currency, your bank sets the conversion rate and may add its own international transaction fee. That is between you and your bank, and we neither receive nor control it.
• (f) We do not deliberately quote a price we will not honour. If an obvious pricing error appears at the Checkout — a decimal point in the wrong place, or a figure that is plainly wrong — we will contact you before dispatch, and you may either confirm the Order at the corrected price or cancel it for a full refund. We will not simply charge you the higher amount.

C5. Order limits, and bulk orders

• (a) One Hardcover Book per order. The Checkout does not offer a quantity selector.
• (b) If you want more copies than the Checkout allows — for a school, library, bookshop, market stall, workplace, church or event — please email email@hunchtrail.com and we will quote you separately. Part C does not apply to a bulk or trade order; those are negotiated individually and have their own terms.
• (c) We may decline or cancel an Order that appears to be placed for resale. If we do, we refund you in full. This paragraph is about which orders we accept. It does not restrict what you may lawfully do with a copy you own — see clause C18.

C5A. Factory Seconds

From time to time we also sell a limited number of Factory Seconds copies of the Hardcover Book, at a reduced price, through a separate payment link on this Site. A Factory Seconds copy is new stock, not a used or previously-owned book. It is sold at a discount because it has one or more of the following cosmetic defects: ink smears or smudges on interior pages, minor binding defects, warped or skewed covers, creased/folded pages, or other minor defects. These copies are discounted for cosmetic defects.

• (a) Same book, same edition. A Factory Seconds copy is the same ISBN and the same edition as the standard Hardcover Book. The only difference is the cosmetic condition described above.
• (b) Quantity is limited. We hold far fewer Factory Seconds copies than standard copies, because we only set aside stock affected by a defect of the kind described above. We do not state the exact number, and it changes as stock is sold.
• (c) Every other clause of Part C applies to a Factory Seconds copy in the same way as it applies to any other Hardcover Book, except clause C12 (our warranty against defects), which paragraph (d) below narrows.
• (d) The warranty against defects in clause C12 does not cover the cosmetic defects described above. Because those defects are disclosed to you before you pay, they are not something you can make a warranty claim about under C12, and — for the same reason — they do not, of themselves, mean the Factory Seconds copy fails to meet the consumer guarantee of acceptable quality under clause C14. Everything else in clause C12, and every guarantee under clause C14, continues to apply in full — including, for example, a defect of a different kind that affects the readability or safety of the book (such as missing, duplicated, misprinted or out-of-order pages, mould damage, a binding failure beyond the warping or minor binding issue described above, etc.), or a defect more serious than what was disclosed to you.

C6. When the contract is formed

A contract between you and us on the terms of Part C is formed when your payment is completed at the Checkout. At that moment you have bought a Hardcover Book and we have agreed to supply it.

Before you pay, the Checkout asks you to tick a box confirming that you accept these Terms of Service. Ticking that box is how you agree to Part C. If you do not accept Part C, do not tick the box and do not pay.

Stripe sends you an automatic receipt by email. Keep it — it is your proof of purchase, and it is what you will need if you ever make a claim under clause C12.

C7. If we cannot supply

Occasionally we may be unable to supply a Hardcover Book you have paid for — most likely because we have run out of stock, or because the payment link was left live after stock ran out. If that happens we will email you promptly and refund the full amount you paid, including any delivery charge, within five (5) Business Days. We will not substitute a different edition or a different book without asking you first.

Subject to clauses C14 and C15, that refund is the extent of what we owe you if we cannot supply.

C8. Delivery

• (a) We dispatch from Sydney, from stock we hold ourselves.
• (b) Dispatch and delivery times are shown at the Checkout. We deliberately do not repeat them here. Two sets of numbers in two places drift apart, and then one of them is wrong. The Checkout is the one that counts.
• (c) We deliver anywhere in Australia, including regional and remote areas, PO boxes and parcel lockers.
• (d) If delivery fails because of the address. If a parcel is returned to us because the address you gave was wrong or incomplete, or because it was not collected from a carrier's depot or locker within the time the carrier allows, we will email you. You may either ask us to send it again, in which case you pay the actual cost of the second delivery, or ask for a refund of the price less the delivery cost we have already incurred. This paragraph does not apply where the failure was our fault or the carrier's.
• (e) Estimates are estimates. A dispatch or delivery time shown at the Checkout is our honest best estimate. It is not a promise of a particular calendar date unless we have separately agreed one with you in writing. We will always supply within a reasonable time. This paragraph does not limit your rights under clause C14, including your right to a supply within a reasonable time.
• (f) Your telephone number is for delivery. The Checkout requires a telephone number because carriers use it to arrange or attempt delivery. We do not operate an inbound telephone line as we only communicate via email. There is only one situation where we might phone you about your own Order: where we cannot reach you by email, or where we need to reach you urgently. See clause C17.
• (g) Tracking. Australia Post emails you tracking details when your copy is on its way, at the email address you gave at the Checkout. We give Australia Post that address for this purpose only (clause C17).

C9. Risk and ownership

Risk in the Hardcover Book stays with us until you — or someone you have nominated to receive it — physically take possession of it. If it is lost, stolen or damaged before then, that is our problem and not yours, and clauses C10 and C11 tell you what we do about it. We do not ask you to carry the risk of a carrier we chose.

Ownership of the physical copy passes to you when we have received your payment in full and you have taken possession of it. Ownership of the physical copy is not ownership of the work inside it — see clause C18.

C10. If your parcel does not arrive

• (a) If your parcel has not arrived within ten (10) Business Days after the end of the estimated delivery window shown at the Checkout, email email@hunchtrail.com and tell us. We will chase the carrier.
• (b) If the parcel cannot be found, you choose: we send a replacement at our cost, or we refund the full amount you paid, including delivery. We will act on your choice within five (5) Business Days.
• (c) We replace a lost parcel once. If a replacement sent to the same address is also lost, we will refund you in full rather than send a third. That is not a penalty — it is an acknowledgement that something about that address or route is not working, and that you should not have to keep waiting.
• (d) Nothing in this clause limits your rights under clause C14.

C11. If your Hardcover Book arrives damaged

• (a) Email email@hunchtrail.com within fourteen (14) days of delivery, with photographs of the damage and of the packaging it arrived in. The packaging photograph matters because it tells us whether the damage happened in transit or before it was packed, which is how we improve.
• (b) You do not need to return the Hardcover Book, and you do not need to pay anything. Return postage on a hardcover book costs more than the book itself, and we are not going to ask you to spend it.
• (c) You choose whether you want a replacement or a refund. We will send the replacement, or make the refund, within five (5) Business Days of receiving your photographs.
• (d) Nothing in this clause limits your rights under clause C14.

C12. Our warranty against defects

This clause is a warranty against defects for the purposes of section 102 of the Australian Consumer Law. It is a promise we make voluntarily, on top of your legal rights. It does not replace them, and it does not shorten them.

C13. Change of mind

We do not offer change-of-mind returns. If you order a Hardcover Book and simply decide you would rather not have it, we are not obliged to refund you, and we do not. We are a one-person operation selling a single title from home, and we are not able to run a returns desk.

This does not affect your position if the Hardcover Book is faulty, damaged, not as described, or never arrives. Those situations are dealt with in clauses C10, C11, C12 and C14, and your rights there are not affected by this clause.

If you have made a genuine mistake — the wrong address, a duplicate order, an order you did not mean to place — email us immediately. If we have not yet dispatched, we will normally cancel and refund you as a matter of courtesy. Once a parcel is on its way we cannot recall it.

C14. Your rights under the Australian Consumer Law

Nothing in Part C excludes, restricts or modifies any guarantee, right, remedy or liability under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (ACL), or under any other law, to the extent that it cannot lawfully be excluded, restricted or modified. Any term that purports to do so is void to that extent, and the rest of Part C continues to operate.

In plain terms, when you buy the Hardcover Book from us you are almost certainly a consumer under the ACL, and you get guarantees that we cannot take away. The most relevant are that the Hardcover Book will be of acceptable quality, will match its description, and will be supplied within a reasonable time.

Giving us a business name and ABN does not change this. Since 1 July 2021 a buyer of goods costing $100,000 or less is a consumer under the ACL regardless of whether the purchase is for business purposes. A business that buys a copy of the Hardcover Book has the same consumer guarantees as anyone else, and we do not treat it differently.

If the Hardcover Book fails to meet a consumer guarantee, you are entitled to a repair, replacement or refund. If the failure is major — for example the Hardcover Book is significantly different from its description, or is unusable — you may choose a refund or a replacement, and you may also claim compensation for any other reasonably foreseeable loss or damage. If the failure is not major, we may choose between repairing, replacing or refunding, and we will normally replace or refund because we do not repair books.

These rights are not limited to twelve months. The acceptable quality guarantee applies for as long as is reasonable to expect for goods of this kind, having regard to their nature, price and how they are described. A hardcover children’s book is expected to survive years of being read by children.

If you think we have not met our obligations, contact us first under clause C19. You may also contact NSW Fair Trading, the consumer affairs agency in your own State or Territory, or the Australian Competition and Consumer Commission.

C15. Our liability

• (a) Nothing in Part C excludes, restricts or modifies anything described in clause C14.
• (b) Subject to paragraph (a), and to the maximum extent permitted by law, our total liability to you in connection with an Order is limited to the amount you paid for that Order, and we are not liable for indirect or consequential loss.
• (c) We want to be straightforward about the limits of paragraph (b). It does not apply to a claim under the consumer guarantees, because the law does not permit it to. Section 64A of the ACL allows a supplier to limit its liability for a failure to comply with a consumer guarantee only where the goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption. A children's hardcover picture book plainly is such a good. Paragraph (b) therefore operates only in the narrower space where the law allows it, and we are not going to pretend otherwise.
• (d) Product safety. Nothing in Part C excludes, restricts or modifies any liability we have under Part 3-5 of the ACL, which deals with the liability of manufacturers and importers for goods that have a safety defect. That liability cannot be excluded, restricted or modified by agreement, and we do not attempt to.
• (e) We are not liable for loss to the extent it is caused by your own act or omission, by use of the Hardcover Book other than as a book, or by an event outside our reasonable control.

C16. Payment, and what to do before starting a chargeback

• (a) Payment is taken by Stripe at the Checkout. Stripe collects your card details directly. We never see or hold your card number.
• (b) Your use of the Checkout is also subject to Stripe's own terms and privacy policy, which are between you and Stripe.
• (c) Please email us first. If something has gone wrong with your Order, email email@hunchtrail.com. We answer personally, and in almost every case we can resolve it faster than your bank can.
• (d) If you do start a chargeback, we will give your card issuer whatever information it asks for, including evidence of dispatch and delivery. Starting a chargeback does not affect your rights under clause C14, and we will not charge you a fee for one.
• (e) If a chargeback succeeds after we have already refunded or replaced the same Order, we may ask you to return the duplicate amount or the additional copy. We will ask; we will not take it.

C17. Your information

To deliver a Hardcover Book we collect your name, email address, telephone number, billing address and Delivery Address. If you choose to enter them, we would collect your business name and ABN as well. We use all this information to take payment, to get the Hardcover Book to you, and to keep the records Australian tax law requires. Your telephone number is given to Australia Post with every parcel, so that it can arrange or attempt delivery (clause C8(f)). Apart from that, we might use it ourselves only where we cannot reach you by email or need to reach you urgently about your own Order. We use it for nothing else.

Hardcover Book order records are held in four places: by Stripe; in our own email mailbox, which is hosted by our email provider, Purelymail, a United States company; in our Australia Post MyPost Business account, for the shipping label; and in our own bookkeeping records (kept for tax purposes), which hold your name and order number. For the shipping label we give Australia Post your name, Delivery Address, telephone number and email address — the email address so that Australia Post can send you tracking updates — and Australia Post keeps its own record of the shipment under its own privacy policy and retention rules. Your details are not stored with any other third party. We do not send marketing, and buying a Hardcover Book does not put you on any list. Section 12 of our Privacy Policy sets out the detail, including how long we keep things and how to ask for a copy or a deletion.

C18. The Hardcover Book itself

Buying a copy of the Hardcover Book buys you that physical copy. It does not transfer any right in the text, the illustrations, the design, the title or the hidden visual details within the illustrations, all of which remain ours or our co-illustrator's.

You may of course do what anyone may lawfully do with a book they own: read it, read it aloud at home, lend it, give it away, or sell your own copy second-hand. What you may not do is copy, scan, photograph for distribution, reproduce, adapt, translate, publicly perform, broadcast or make any commercial use of the Hardcover Book or any part of it, without our written permission. If you want to read it aloud in a classroom, a library or a video, email us — we are usually happy to say yes, and we would like to know about it.

C19. Complaints

Email email@hunchtrail.com, or write to us at 12A Ferraro Crescent, West Hoxton NSW 2171, Australia. We acknowledge within three (3) Business Days and respond substantively within thirty (30) days. We answer personally.

If we cannot sort it out between us, you may contact NSW Fair Trading, the consumer affairs agency in your own State or Territory, or the Australian Competition and Consumer Commission. You may also take the matter to the NSW Civil and Administrative Tribunal or a court. Nothing in Part C requires you to arbitrate, and nothing in Part C stops you going to a small claims tribunal.

C20. General

• (a) Governing law. Part C is governed by the laws of New South Wales, Australia, and we each submit to the non-exclusive jurisdiction of its courts.
• (b) If you live outside Australia. Nothing in paragraph (a) deprives you of any right to bring proceedings in the courts of your place of residence, or of the protection of any mandatory law of that place that cannot be excluded by agreement.
• (c) Changes. We may vary Part C by publishing a varied version on this page. A variation never applies to an Order already paid for. The version that governs your Order is the version in force at the moment you paid, and we will email you a copy of it on request at any time. An Order already paid for can be changed only by written agreement between you and us (an exchange of emails is enough).
• (d) Notices. Notices must be in writing. Send them to email@hunchtrail.com, or to the postal address above. We will send notices to the email address you gave at the Checkout. A notice is taken to be received on the Business Day it is sent if sent before 5.00pm on that day, and otherwise on the next Business Day. Times are the local time in Sydney, New South Wales, being Australian Eastern Standard Time or, while daylight saving is in force in New South Wales, Australian Eastern Daylight Time. A notice is not taken to be received if the sender receives a delivery failure message.
• (e) Severance. If a provision of Part C is void or unenforceable, it is severed and the rest continues to operate.
• (f) Entire agreement. Part C, together with the details of your Order shown at the Checkout and our Privacy Policy, is the entire agreement between us about your Order — other than any representation made fraudulently, and any guarantee, statement or right that cannot be excluded by law.
• (g) Language. Part C and all our communications are in English only.
• (h) Assignment. We may not transfer our obligations under an Order to anyone else without telling you.
• (i) Survival. Clauses C9, C12, C14, C15, C16, C17, C18, C19 and this clause C20 continue to apply after your Order has been delivered, cancelled or refunded, together with any other provision which by its nature is intended to continue. In particular, the warranty in clause C12 and your rights under clause C14 are not affected by the Order having been completed.

Questions about these Terms? Email email@hunchtrail.com. We answer personally.