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Terms and Conditions User Terms & Conditions (v6) OnlineBritishArtGallery.co.uk / obag.co.ukTerms and conditions use of the website Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser. 1. Introduction 1.1 Please read these terms and conditions carefully before attempting to register with the site operated by OnlineBritishArtGallery.co.uk. (‘OBAG’). In particular, we draw your attention to clauses 9 (Applicability of Online Materials) and 13 (Liability). 1.2 By clicking on the ‘I Accept’ button relating to these terms and conditions you agree to be legally bound by these terms and conditions as modified and posted on our website from time to time. 1.3 If you do not wish to be bound by these terms and conditions then you may not register for the Online Service. 2. Nature of our website 2.1 Please note that our website is available only to individuals that can form legally binding contracts under applicable law. 3. Conditions of access to the Online Service 3.1 If your registration is accepted, OBAG grants you a non-exclusive, non-transferable licence to use the Online Service for 1 year. This licence to use the Online Service is granted on the terms and conditions of this Agreement and any additional conditions applicable as set out here (‘Additional Conditions’). 3.2 If any part of the Additional Conditions is inconsistent with any provision of this Agreement, the Additional Conditions will prevail, but only to the extent of the inconsistency. 3.3 In relation to the Online Service: you may: (i) display the website electronically on a single computer to one person; (ii) print one copy of the website content. you may not: (i) download, store, reproduce, transmit, display, copy, distribute or use other website content other than in accordance with sub-clause 3.3(a) above; (ii) sub-licence, rent, lease, transfer or attempt to assign the rights in the website to any other person; (iii) make the website or content available on a network; (iv) use the website or content in any manner, or transfer or export the website or content or any copies into any country; or (v) allow any other person to use the website or content Materials other than in accordance with the terms and conditions of this Agreement. 3.4 Unless otherwise specified in the Additional Conditions, the website and content are presented solely for your private, personal and non-commercial use. 3.5 OBAG may terminate or suspend your use of the Online Service at any time if you are found in breach of any of these terms or the Additional Conditions. If you are notified of termination of your rights of use, you must immediately destroy all copies of the website and content. 3.6 OBAG is entitled to refuse any registration placed by you. If your registration is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the e-mail address you have given us on registration. The Online Service will be made available to you via e-mail/ to your inbox on Confirmation. Making the Online Service available to you on Confirmation constitutes performance of our services. 3.7 You undertake that all details you provide to us for the purpose of registering to the Online Service will be correct. 4. Warranties and returns 4.1 We warrant that: (i) we have a right to licence use of the website service to you; and (ii) we will provide the Online Service with reasonable skill and care. 4.2 If you wish to cancel your registration you may do so if you send us a notice in writing or other durable medium (including e-mail). 4.3 If you have any complaints, you should direct them to us via e-mail at member@OBAG.co.uk 5. Modifications to the online service We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Online Service, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions. Please note that although we try to ensure that the content of our website and/or the Online Service is accurate, our website and/or the Online Service may contain typographical errors or other inaccuracies. 6. Information you provide 6.1 The following applies to any information you provide to us, for example, during any registration or subscription process: · You authorise us to use, store or otherwise process any information which relates to and/or identifies you, including but not limited to, your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’). These Partner Companies are located in countries inside the EEA Details of the companies and countries involved in your case will be provided on request. If you would like to request such information then you should e-mail us at member@OBAG.co.uk. · In addition to registration information if you send us personal correspondence such as e-mails, post reviews or other messages on the bulletin boards or in the chat areas then we may collect this information into a file specific to you. All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’. · You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details. If you would like to review or modify any part of your Personal Information, please read our privacy policy. 6.2 By accepting these terms and conditions, you agree to the use by the Online British Art Gallery, of the Personal Information for statistical gathering purposes. If you would like to review or modify any part of your Personal Information then you should do so via this website. 7. Biography Information 7.1 You specifically allow us to make available to the general public and all users of the website any information which you include within the ‘My Biography’ section of your personal information: · You authorise us to display, use, store or otherwise process any information relating to your biography and which relates to and/or identifies you, including your year of birth, education, biography, exhibition details and reviews to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’). These Partner Companies are located in countries inside the EEA Details of the companies and countries involved in your case will be provided on request. If you would like to request such information then you should e-mail us at member@OBAG.co.uk 8. Security You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for access to the Online Service. You may not share these with or transfer them to any third parties. You must notify OBAG immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention. 9. Applicability of online materials 9.1 Our website is operated by us from our offices in the UK with content art, artist, exhibition and gallery content controlled by third parties. Where website content has been supplied by third parties, you understand that we do not control or endorse their contents in any way. All Materials which are offered by third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those Materials (on or off-line). You assume total responsibility and risk for your use of the Online Service. 9.2 We have used our best endeavours to ensure that all Materials comply with UK laws. However, we make no representations that the Materials and the Online Service are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately. 9.3 OBAG makes no warranties, express or implied that making the Materials and the Online Service available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Online Service, the Materials or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Online Service or the relevant Materials are not offered for registration by you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to subscribe to the Online Service. OBAG accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access of attempted access of the Online Service by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries. 10. Copyright and monitoring 10.1 The contents of the Online Service are protected by international copyright laws and other intellectual property rights. The owner of these rights is OBAG, our affiliates or other third party licensors. All product and company names and logos contained within our website or the Online Service are the trade marks, service marks or trading names of their respective owners, including us. 11. Linked websites OBAG make no representations whatsoever about any other websites which you may access through the Online Service. When you access any other website you understand that it is independent from OBAG and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that OBAG endorses or accepts any responsibility for the content, or the use of such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master. 12. Availability of the online service We will try to make the Online Service available but cannot guarantee that the Online Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. 13. Liability 13.1 Except as set out in sub-clause 5.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials, the Online Service, our website or any information or service provided through our website not contained in this Agreement or the Additional Conditions. We will do our best to ensure that all Materials and information and content in the Online Service are accurate, but please note that all Materials and content and information contained in the Online Service are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of Materials and content and information contained in the Online Service. For the avoidance of doubt, whilst we use our best endeavours to ensure the accuracy of the Online Service OBAG will not be liable in circumstances where artwork displayed as part of the Online Service in error has already been sold. 13.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Online Service of the Materials, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of OBAG or our servants, agents or any other person or entity. 13.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Online Service in the year which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. 13.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Online Service and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Online Service will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. 13.5 The limitations and exclusions in this condition do not affect your non-excludable statutory rights only apply to the extent permitted by applicable law. 14. General 14.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time. 14.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of the Online Service will be governed by that version. 14.3 These terms and conditions together with the privacy policy, the Additional Conditions, any subscription request form and payment method instructions, if any, are the whole agreement between you and OBAG. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by OBAG or any other person and you irrevocably and unconditionally waive rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions. 14.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. 14.5 These terms and conditions and your use of our website are governed by English law and you must submit to the non-exclusive jurisdiction of the English court. 14.6 Except in respect of a payment obligation, neither you nor OBAG will be held liable for any failure to perform any obligation to the other due to causes beyond your or OBAG’s respective reasonable control. 14.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver or that right or remedy. 14.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.] 15 Notices 15.1 All notices shall be given: · to us via e-mail at member@OBAG.co.uk; or · to you at either the e-mail or postal address you provide during any ordering process. 15.2 Notice will be deemed received 24 hours after an e-mail has been sent, or when received in full if earlier (or else on the next business day if it is received in a weekend or a public holiday in the place of receipt) or 3 days after the date of posting. 16 Replacement These terms and conditions replace all other terms and conditions previously applicable to the provision of the Online Service.
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