Terms of use

Thank you for visiting our website. This website is owned and operated by Guest Work Agency (ACN 629 820 284). By accessing and/or using this website and related services, you agree to these Terms of Use, which include our Privacy Policy (available here)(Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Guest Work Agency and our related bodies corporate.


1. Collection Notice

We collect personal information about you in order to respond to your Contact Us enquiry, activate your e-newsletter subscription request, process your Guest Club membership and gift card purchases and to provide you with other services as part of your Guest Club membership.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communications suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in these Terms.

We may also disclose your personal information to recipients that are located outside of Australia, including to information technology suppliers and communications suppliers located in the United States of America.

Our Privacy Policy explains:

(i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@guestworkagency.com.


2. Guest Club Memberships and Gift Cards

2.1. Purchasing a membership or gift card

You may buy a Guest Club membership or gift card via the Guest Club page on our website. A membership can be purchased by individuals or companies only. Membership benefits are not transferable.

Our membership prices and any discounts available on membership purchases may change from time to time. We use third party online payment gateway Stripe in order to process and accept the following payment methods: Visa, Mastercard, American Express, Discovery and Apple Pay. All membership levels are advertised in Australian dollars and will be billed in Australian dollars.

2.2. Customer account

When you purchase a Guest Club membership or gift card you will be required to complete a form in which you will provide us with personal information such as your name, address, email address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register your membership account, you will be required to select a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

2.3. Recurring payments

Your membership has an initial payment and recurring payments. At the end of the initial payment quarter, your membership will be automatically renewed on an ongoing basis with periods of the same length at the chosen membership rate.

2.4. Cancelling membership

You can cancel your membership at any time by signing in to your account via the contents page of our website. You are responsible for paying all amounts due up to and including the date of cancellation.

If a recurring payment charge fails, we may cancel your membership without notice. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may cancel your membership at any time without notice and you will remain responsible for paying all amounts due up to and including the date of cancellation.

2.5. Introductory commissions

We are entitled to introductory commissions in relation to any artwork acquisitions we facilitate and in relation to any artwork otherwise acquired by you in relation to our membership services. It is your responsibility to inform the seller of your advisory relationship with Guest Work Agency, prior to the transaction occurring.

2.6 Industry discounts

We will use reasonable endeavours to ensure that artwork acquisitions are granted an industry discount by the seller. However, we cannot guarantee that all artworks acquired by you will receive an industry discount from the seller.

2.7 Risk and liability

All risks relating to any artwork you acquire remain with you at all times during and after your membership.

2.8 Events and tours

Guest Club in person social events are currently held in Melbourne, Australia. You are entitled to bring one guest to each such event.

Guest Work Agency host at least one art travel tour per year. Discounts on our art tours will be available when a tour purchase is made by a Guest Club member.

2.9 Pandemic Policy

When the benefit of attending Guest Club events in person or attending art travel tours is not possible to offer due to health and safety concerns, online events will be offered to members. In lieu of the benefit of attending Guest Club events in person, more than one online event will be offered per quarter.

Online and in person events may be cancelled where it is not possible to offer them due to health and safety concerns. Where this occurs, members will be notified of the cancelled event as soon as reasonably practicable.

2.10 Purchasing guarantees

In Australia, our memberships, gift cards and other services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

2.11 Currency & taxes

All membership levels are advertised in Australian dollars and will be billed in Australian dollars. Goods and Services Tax (GST) is included in the price for membership purchases made with an Australian address.

2.12 Modification of pricing and services

The most current version of these Terms will supersede all previous versions. We encourage you to periodically review these Terms of Use on our website to stay informed of our updates.

3. NFT Advisory

3.1 Digital assets are risky

Digital assets are, by their nature highly experimental, risky and volatile. NFTs stored within digital wallets are occasionally vulnerable to hacking. Transactions carried out by the Guest Club on your behalf are irreversible, final and non-refundable.

3.2 Additional costs

You acknowledge and agree that you will be responsible for paying for the cost of a digital wallet, and for paying all gas fees and third party costs incurred as a result you buying cryptocurrency, us buying NFTs on your behalf and transferring your NFTs to your digital wallet. You understand that gas fees fluctuate constantly and cannot be determined in advance of us performing a transaction.

3.3 Risk and liability

You acknowledge and agree that you will use Guest Club's NFT Advisory services at your own risk. The risk of loss in trading digital assets can be substantial. We offer no guarantees that any NFTs we recommend or purchase for you will accrue in value or can be resold. You should therefore carefully consider whether buying or selling digital assets is suitable for you in light of your circumstances and financial resources.

By using Guest Club's NFT Advisory services, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets.

You accept all consequences of using Guest Club's NFT Advisory services, including the risk that you may lose access to your digital assets indefinitely if you lose your seed recovery phrase. All transaction decisions are made solely by you.

Notwithstanding anything in these terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with the use of the Guest Club for performing digital asset transactions.

3.4 Not investment advice

Under no circumstances will the providing of our services to you be deemed to create a relationship that includes the provision or tendering of investment advice.

3.5 Purchase commission

When you transfer cryptocurrency to our Guest Club digital wallet for us to buy the NFT of your choosing, you will be required transfer a sufficient amount of funds to also cover our 5% advisory commission fee and gas fees incurred as part of the purchase transaction. Once our fee has been deducted by us, we will provide you with a record of your payment to us in the form of a tax invoice.

3.6 Resale commission

When you sell your NFT, Guest Club's 10% advisory commission fee will be calculated based on the final selling price. We will invoice you our commission fee using a tax invoice.

4. Additional Terms and Conditions

For certain campaigns, promotions, contests, purchasing of event and tour tickets, additional terms and conditions may apply. For example, your purchase of a ticket or registration to attend a Guest Club event or tour is subject to our Conditions of Sale, Registration and Entry (available here). If you want to participate in a campaign, promotion, contest, or you want to purchase tickets to attend a Guest Club event or tour, you need to agree to the relevant terms and conditions. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

5. Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

6. Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

7. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.


8. No legal advice

Nothing on this website constitutes the provision of legal advice. or gives rise to a solicitor/client relationship. Specialist legal advice should be sought in relation to specific circumstances.

9. No commercial use without permission

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website.

Subject to obtaining the written consent of this website, or where you purchase a Guest Club membership for commercial purposes, you may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.


10. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

  • using this website to defame or libel us, our employees or other individuals;

  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;

  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.


11. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.


12. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to:

  • your use of our website, the information or materials contained on our website;

  • your use of a Guest Club membership and/or gift card;

  • the inaccessibility of this website or our membership or gift card services;

  • the fact that certain information or materials contained on this website or that we otherwise share with you, including artwork recommendations as part of your Guest Club membership, are incorrect, incomplete or not up-to-date.

13. Jurisdiction and governing law

Your use of our website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.