ART FOR CHARITY – TERMS OF WEBSITE USE
These terms of use (the “Terms of Use”) apply to your use of the website at www.artforcharityuk.com (the “Site”) and by using this Site you agree to be bound by the Terms of Use. If you do not agree to these Terms of Use, please refrain from using our Site. These Terms of Use are additional to the terms applicable to the purchase of Artworks via the Site which you are required to accept during the order prices.
In these Terms of Use, references to “we”, “us” and “our” are references to The Fine Art Company London Ltd and references to “you” and “your” are references to you, the person using the Site.
1. Information About Us
1.1 We are a private limited company registered in England and Wales under company number 8028223 and have our registered office at 4, Greendale Road, Nuneaton CV11 6RN, which is also our main trading address.
2. Accessing Our Site
2.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
2.2 You hereby agree to access and use the Site in accordance with these Terms of Use.
2.3 You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you. Without limiting the foregoing, you agree that when using the Site you will not use the Site for any commercial purposes and you shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
2.4 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.
2.5 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any charges, costs, liabilities or damages that may be incurred by any such person when using the Site.
2.6 From time to time, we may restrict access to some parts of our Site or our entire Site, and where applicable to users who have registered with us, for any reason and without advance notice.
3. Intellectual Property Rights
3.1 “ART FOR CHARITY” and the Art for Charity logo are trade marks of The Fine Art Company London Ltd. All our rights therein are reserved.
3.2 All copyright and other intellectual property rights (the “Rights”) in and to the Site and all content and materials contained in the Site, including without limitation any text, photographs, pictures, graphics, and their compilation and lay out (the “Site Content”) are owned by and shall remain owned by us or our licensors. You may access and view the Site Content subject to the following conditions:
(a) the Site and Site Content may only be used for your personal, non-commercial purposes;
(b) the Site Content shall not be reproduced or included in any other work or publication in any medium;
(c) the Site Content may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part;
(d) you may not remove any copyright or other proprietary notices contained in any Site Content.
3.3 Save as expressly permitted herein, any other use of the Site Content and any copying, reproduction, modification, distribution, sale or any other use of any Site Content for any purpose shall be an infringement of our Rights.
3.4 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. Reliance On Information Posted
4.1 Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
5. Our Site Changes Regularly
5.1 We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
6. Disclaimers
6.1 While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy, completeness, currency or reliability of the Site or the Site Content. Commentary and information is not intended to amount to advice and you should not rely on it without seeking independent advice for your circumstances. We may make changes to the Site, the Site Content, or to any services, products, prices or fees described in it, at any time without notice. The Site and/or Site Content may be out of date, and we make no commitment to update such material.
6.2 We will exercise all reasonable skill and care in providing the Site and the Site Content. Some Site Content is provided by third parties and we are not able to guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content.
6.3 Therefore, except as expressly provided in these Terms of Use, the Site and all Site Content provided through it are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor that your use of the Site or the Site Content will not infringe the rights of any third party nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. Therefore, we advise you to check any Site Content as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
6.4 We do not warrant that the Site, the Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
6.5 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.
7. Liability
7.1 Nothing in these Terms of Use shall affect our liability for death or personal injury arising from our negligence, for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for any other liability which cannot be excluded or limited under applicable law. Subject to the foregoing, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the Site or the Site Content; (ii) any failure or delay in the use of any component of the Site, the Site Content including, without limitation, any unavailability of the Site; or (iii) any use of or reliance upon the Site or the Site Content, in all cases even if we have been forewarned of the possibility of such loss or damage.
7.2 Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Information About You And Your Visits To Our Site
8.1 We process information about you in accordance with our privacy policy www.artforcharityuk.com/index.php?page=8 By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
9. Transactions Concluded Through Our Site
9.1 If you wish to order Artworks made available for purchase via the Site, and such order will also be subject our purchase terms and conditions of supply [http://artforcharityuk.com/index.php?page=10 ] which you will be required to accept when you submit your order.
10. Misuse of Our Site
10.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
11. Linking To Our Site
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2 You must not establish a link from any website that is not owned by you.
11.3 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
11.4 If you wish to make any use of material on our Site other than that set out above, contact us using the contact form on the following link .
12. Links From Our Site
12.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Jurisdiction And Applicable Law
13.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
13.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14. VARIATIONS
14.1 We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Thank you for visiting our site.