Terms of website use

  1. Terms of website use

1.1.         Thank you for visiting our website, www.theplace4art.co.uk (the Site). We created the Site to help you buy and sell art. You can upload art you have for sale, provide a description and wait for other users to get in touch. You can also browse art that other users have for sale using our search feature.

1.2.         This page tells you the terms of use on which you may use the Site. Please read these terms carefully before you start to use it. By using the Site, you indicate that you accept these terms and that you agree to abide by them. If you do not agree to these terms, you must not use the Site.

1.3.         We may alter these terms of use at any time. It is your responsibility to check whether changes have been made. Your use of the Site shall always constitute acceptance of the most recent version of these terms that we have placed on it.

  1. Information about us

2.1.         We are [The Place 4 Art] and we operate the Site. We are registered in England and Wales under company number OC358271 and have our registered office at The Place 4 Art LLP, Oakford House 291 Low Lane Horsforth, Leeds, West Yorkshire LS18 5NU

2.2.         We are a [limited liability partnership].

  1. Accessing the Site

3.1.         If you access any part of the Site, you shall be deemed to have accepted these terms of use. If you use any part of the Site in breach of these terms, your right to use it will automatically cease immediately.

3.2.         Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.

3.3.         You are responsible for making all arrangements necessary for you to have access to the Site.  You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.

  1. Your privacy

4.1.         We process information about you in accordance with our privacy policy.  By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

4.2.         You must not use the contact details provided by any other user to contact such user other than to discuss the purchase by you of the relevant user’s art.

  1. Intellectual property rights

5.1.         We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it.  All such material is protected by copyright laws and treaties around the world. All intellectual property rights are reserved.

5.2.         You may use, reproduce and print any pages from the Site for your own personal, non-commercial purposes.

5.3.         You must not use any part of the Site for commercial purposes without obtaining a licence to do so from us and, where we so require, our licensors.

  1. Reliance on information posted

6.1.         The Site contains material submitted and created by you and other uses. You agree not to hold us responsible for other users’ posts. You acknowledge that:

6.1.1.     we do not monitor the Site or moderate material posted by users;

6.1.2.     we are not involved in any of the actual transactions between users;

6.1.3.     commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed; and

6.1.4.     any of the material on the Site may be out of date at any given time, and we are under no obligation to update it.

6.2.         To the maximum extent permitted by law, we exclude all liability arising from material posted to the Site by our users and from reliance on such material by you or anyone else that becomes aware of it. In particular, we give no warranties, conditions, guarantees or representations, express or implied, as to:

6.2.1.     the completeness or accuracy of the material posted by users on the Site or any Site to which it is linked;

6.2.2.     the content of the advertisements for art included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such art; or

6.2.3.     the completeness of the results of any search of our database or that the art returned by a search constitutes all the art in our database that might meet the searcher’s requirements.

6.3.         To the extent permitted by law, we exclude

6.3.1.     all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

6.3.2.     any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(i)         loss of income or revenue;

(ii)        loss of business;

(iii)       loss of profits or contracts;

(iv)       loss of anticipated savings;

(v)        loss of data;

(vi)       loss of goodwill;

(vii)      wasted management or office time; and

(viii)     for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above; and

(ix)       liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

6.4.         Nothing in these terms affects:

6.4.1.     our liability for death or personal injury arising from our negligence;

6.4.2.     our liability for fraudulent misrepresentation; or

6.4.3.     any other liability which cannot be excluded or limited under applicable law.

  1. No transactions concluded through the Site

7.1.         The Site allows users to advertise art they have for sale, and to browse art that other users have for sale. No actual sales or purchases are concluded through the Site. The terms on which you may agree to buy, sell, deliver or otherwise deal in art are a matter between you and the buyer or seller and is negotiated and concluded offline. We are not a party to any contract for the sale or purchase of art between you and other users. You enter into such contracts entirely at your own risk. In the event of any dispute between you and another user (for example, following the sale of art to or purchase of art from them), neither you nor they shall have any recourse to us.

  1. Fees

8.1.         We charge a non-refundable fee for listing your art. These terms of use are clearly disclosed when attempting to list your art, and you cannot complete your listing without ticking the box to confirm your acceptance to them. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the Site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

8.2.         All payment transactions are handled by RBS WorldPay, a secure payment processing service provided by a wholly owned subsidiary of the Royal Bank of Scotland Group. Your payment details and related personal data are collected by RBS WorldPay in order to process your payment. We do not collect any payment details ourselves. More details regarding RBS WorldPay’s terms and conditions, and privacy and security policies can be found by visiting the RBS WorldPay website.

  1. Uploading material to the Site

9.1.         Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in these terms. You warrant that any material posted to the Site by you complies with these terms, and you indemnify us for any breach of that warranty.

9.2.         Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

9.3.         We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

9.4.         We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in these terms.

9.5.         You must not use the Site in a way that constitutes or encourages conduct that:

9.5.1.     is against the law;

9.5.2.     is abusive, defamatory, discriminatory, indecent, obscene or offensive;

9.5.3.     is in breach of confidence or privacy;

9.5.4.     infringes any third party’s right;

9.5.5.     is technically harmful or disruptive (whether through hacking, spamming, denial-of-service attack, computer viruses, logic bombs, Trojan horses, worms, or other malicious software or harmful data); or

9.5.6.     is intended to bypass measures used to prevent or restrict you or other users from accessing all or part of the Site.

9.6.         You must not post to the Site any material that is false or misleading, or for which you have not obtained all necessary licences, approvals and permissions.

9.7.         We will co-operate fully with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of this clause.

9.8.         You are solely responsible for all information that you submit to us, and any consequences that may result from it. We reserve the right to refuse or delete content at any time that we believe is inappropriate or breaching these terms. We also reserve the right at our discretion to restrict a user’s usage of the Site either temporarily or permanently.

  1. Viruses, hacking and other offences

10.1.      We make no warranty that the Site (or Sites which are linked to the Site) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

10.2.      You must not misuse the 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 the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service or similar attack.

10.3.      By breaching these provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will 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 the Site will cease immediately.

10.4.      We will not be liable for any loss or damage caused by a denial-of-service or similar 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 the Site or to your downloading of any material posted on it, or on any website linked to it.

  1. Linking to the 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. You must not link to any of our pages other than our home page.

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 the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.

  1. Links from the Site

12.1.      Where the Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. If you use these links, you leave the Site. 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. If you decide to access any of the third party Sites linked from the Site, you do so entirely at your own risk.

  1. Jurisdiction and applicable law

13.1.      The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the 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.

  1. Trade marks

14.1.      “theplace4art” and “theplace4art.co.uk” are trade marks of [The Place 4 Art].

14.2.      All rights, including copyright, in the content of these web pages and in the photographs of any art work displayed on the Site from time to time and all database rights in our database, are owned or controlled for these purposes by us.

14.3.      Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.

  1. 15. Wavier

15.1.      If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive.

  1. Your concerns

16.1.      If you have any concerns about material which appears on the Site, please contact info@theplace4art.co.uk.