Terms of service

  1. INTRODUCTION
    1. Any reference in these website terms and conditions (“Terms and Conditions”), or on the Website, to:
      1. a company incorporated in England and Wales; our main trading address is 27 Page Street, London SW1P 4JS, England. Our VAT number is 351 7423 11.
      2. “Website” means Art Gazette’s website on which these Terms and Conditions appear, being www.artgazette.com and “Website” includes any facility made available to registered users on such website for the sale or purchase of artworks or other goods or services; and
      3. “you” or “your” or “user” means a person who uses this Website, including a person who becomes registered with Art Gazette as an Artist, Buyer or Associate Curator.
    2. To contact us please use our WhatsApp number:[Coming soon] or email : info@artgazette.com.
    3. These Terms and Conditions are binding for every user who accesses Art Gazette’s website, including those users who register with Art Gazette for any reason. By using the Website or registering with Art Gazette, you acknowledge, agree and warrant in favour of Art Gazette that you have read and fully understand these Terms and Conditions and that you agree to comply with them. If you do not agree with these Terms and Conditions, you must not use the Website or register with us.
    4. Please contact us if you have any questions on these Terms and Condition. If you are unsure of the nature and effect of any provision(s) contained in these Terms and Conditions or in any Additional Agreement (defined in clause 3.4), it is your responsibility to ensure that you seek independent advice as required.
  2. OTHER TERMS THAT APPLY TO YOU
    1. These Terms and Conditions refer to the following additional terms, which also apply to your use of our Website and any service made available through the Website:
      1. Our Privacy Policy which sets out how we may use your personal information and how we use cookies;
      2. The Additional Agreements referred to below, as applicable to you.
    2. You will be required to indicate your acceptance of these Terms and Conditions and, if applicable, the terms of the Additional Agreement you are entering into by ticking a box and/or providing your initials by way of prompts and/or pop ups on the Website. In doing so, you acknowledge and warrant in favour of Art Gazette that you have fully considered and understand these additional terms and conditions and agree to fully comply with them.REGISTRATION WITH ART GAZETTE
      1. Users may apply to register with Art Gazette particularly for the purposes of (and subject to the agreement of Art Gazette in each case), without limitation:
        1. supplying artwork to Art Gazette (“Artists”);
        2. purchasing artwork from Art Gazette (“Buyers”); and/or
        3. providing certain curatorial services to Art Gazette (“Associate Curators”).
      2. Art Gazette will consider the user’s application to register with Art Gazette, who reserves the right, in its sole discretion, to determine who may or may not become registered on the Website (whether as an Artist, Buyer and/or Associate Curator or otherwise).
      3. In order to apply to register with Art Gazette, you will be required to provide a username and password and personal information to Art Gazette. In this regard, your attention is specifically drawn to Art Gazette’s Privacy Policy. On reviewing the information you have provided at this stage, we may request additional information from you for the purposes of registration. You warrant that all information provided to us at any time is complete and accurate and you agree to update  the information promptly if there is any change to any of your details.
      4. Once registered and, depending on the category of your registration with Art Gazette, you will be required to agree to further terms and conditions specific to your registration and dealings with Art Gazette from time to time, including in respect of payment terms, legal liability and exclusions, in relation to artwork and/or other goods or services provided by or to Art Gazette (“Additional Agreements”).
      5. The Additional Agreements are in addition to these Terms and Conditions and if there is any conflict or inconsistency between the provisions of these Terms and Conditions and the provisions of any Additional Agreement, the provisions of the Additional Agreement will prevail to the extent of such conflict and/or inconsistency.ACCOUNT DETAILS AND ACCOUNT SUSPENSION / CLOSURE
        1. You must keep your account username and password and any other security information confidential and not disclose it to anyone else. If you know or suspect that anyone else knows this information you must notify us immediately and use your best efforts to prevent unauthorised use of the account.
        2. We have the right to suspend or terminate access to your account at any time without notice on reasonable grounds, including where you have failed to comply with, or rectify, any important obligation under these Terms and Conditions or under any Additional Agreement between us and you. If we do so, our other rights or remedies and your rights and remedies will not be affected.
        3. If at any time you would like to close your account, you may de-register from the Website by notifying us by email to info@artgazette.com and your account will be closed within 14 days. However, you remain responsible for complying with all outstanding obligations (including outstanding payment and continuing obligations such as confidentiality and indemnification) under these Terms and Conditions and under the terms of any Additional Agreement that applies to you.WEBSITE AVAILABILITY
          1. We do not guarantee that the Website, or any content on it, or its access via the internet, will always be error-free, available or uninterrupted.
          2. We may at any time suspend, withdraw or restrict the availability of all or any part of the Website for business, operational, repair or maintenance reasons. We shall not be responsible for any failure to provide the Website or for any unavailability. We will try to give reasonable notice of any planned suspension or withdrawal effected by us.
  3. CHANGES TO OUR WEBSITE
    1. We may update and change the Website from time to time to reflect changes to the way we operate or to our users’ or our business needs. We will try to give you reasonable notice of any major changes.
  4. INTELLECTUAL PROPERTY RIGHTS
    1. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it, including text, images (including images of Artwork and Artists), marks or trademarks and logos (“Content”).  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may browse the Website, but this does not convey to you any rights of ownership or licence in respect of any Content and you agree not to (and not to assist or facilitate anyone else to) use, copy, display (including publicly display), download, transmit, publish, reproduce, distribute, commercially exploit, modify or create derivative works of, any Content by any means for any purpose, including for any commercial purpose.
  5. SUBMITTING CONTENT VIA THE WEBSITE
    1. You agree that we may use any material, including Artwork images and text, that you submit to us via our Website or through other means (“your Material”) for the purposes described in the Additional Agreement that you enter into with us and in our Privacy Policy.
    2. You warrant that you are the sole owner and holder of all rights in any material or content (including your Material) provided to us, uploaded to us via the Website or otherwise sent to us and that our use of your Material will not infringe the rights of any third party.
    3. You are solely responsible for securing and backing up your Material. We shall not be liable to you for any losses if your Material is lost or damaged during its transfer to us, including via the Website, or whilst stored in our system. We may permanently delete from our systems your Material at any time.
  6. INDEMNITY
    1. You shall indemnify Art Gazette against all claims, liabilities, costs, expenses, damages and losses (including direct, indirect and consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Art Gazette arising out of or in connection with:
      1. any breach of these Terms and Conditions including any breach of warranty;
      2. any liabilities arising out of your use of this Website, or the unauthorised use by any other person accessing the Website using your account details;
      3. any actual or alleged infringement of a third party's intellectual property or other rights arising out of or in connection with the proper use by Art Gazette of your Material.
  7. COMPLIANCE WITH LAWS
    1. The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website, your use of it and any transactions conducted on or through the Website.
  8. DISCLAIMERS
    1. The Website is provided on an “as is” and “as available” basis without any representation made.
    2. The Content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.
    3. By engaging with Art Gazette via the Website, you acknowledge and agree that you have taken appropriate and sufficient independent legal, accounting, financial, expert and/or other relevant professional advice relating to your relationship with Art Gazette and any transaction you may enter into with us. We make no warranty that the Website will meet your requirements.
    4. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties, conditions or guarantees, whether express or implied, that the Content, including in respect of Artist information or  artwork, is accurate, error-free, complete or up to date. We do not represent that any items of Artwork shown on the Website are available for purchase at the time of display. Buyers seeking to purchase Artwork must contact us for confirmation as to the items of Artwork currently available for purchase at any time.
    5. The images of artwork on the Website are for illustrative purposes only. Although we have made every effort to display the images and their colours and the other features of artwork items accurately, we cannot guarantee that a device's display of images accurately reflects the physical item in all respects.
    6. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
  9. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
    1. We do not guarantee that the Website or the communications transmitted through the Website will be secure or free from viruses, worms or other defects or problems.
    2. You are responsible for configuring your information technology, computer programs and platform to access the Website. You should use your own virus protection software.
    3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
  10. LINKING TO OUR WEBSITE
    1. You must not establish a link to the Website on your or any other website without our prior, express written permission.
  11. OUR LIABILITY TO YOU IN RELATION TO THESE WEBSITE TERMS
    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    2. The provisions set out in this clause 14 and elsewhere in these Terms and Conditions concerning our liability, relate to our liability in respect of the use of the Website and other matters as referred to in these Terms and Conditions. Our liability in respect of the sale and purchase of artwork,  supply of services and other matters referred to in the Additional Agreement that you enter into, is set out in such Additional Agreement.
    3. If you are a business user, we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any Content on it.
    4. If you are a business user, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, our Website; or
      2. use of or reliance on any Content displayed on our Website.
    5. In particular we will not be liable:
      1. loss of profits, sales, business, contracts or revenue or any other economic loss;
      2. business interruption;
      3. loss of anticipated savings;
      4. loss or corruption of data or software;
      5. loss of business opportunity, goodwill or reputation; or
      6. any indirect or consequential loss or damage.
    6. If you are a consumer user, we only provide our site for private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  12. WE MAY TRANSFER THIS WEBSITE AGREEMENT
    1. We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will notify users via the Website if this happens and the transfer will not affect your rights.
  13. INTERNATIONAL USE
    1. We welcome applications to register on our Website from artists and buyers located outside the UK. However we do not guarantee that our service is available in your location. All applications are treated on a case by case basis. Please contact us for further information.
  14. ELECTRONIC COMMUNICATIONS
    1. By using the Website as a registered user, you consent to receiving communications from Art Gazette electronically, including by way of e-mail and notices, messages and pop-ups on the user’s Website portal. You accept the risks inherent in this form of communication including the risk of virus transmission, interception and unauthorised access. Nothing in this clause shall be construed as limiting Art Gazette to communication by way of the Website.
    2. In relation to any transactions made via the Website, you agree and consent to any invoices for amounts due to you, or payable by you, being automatically generated by Art Gazette by way of the Website. It is therefore your responsibility to promptly log into the Website system to download your invoices to keep for your own records, and, in the case of amounts payable by you, to meet the deadline for payment.  Art Gazette will only make and receive payment on the basis of invoice(s) generated by Art Gazette’s Website (except where we need to use an alternative method due to a system failure). Any invoice queries must be raised with us promptly after issue.
  15. CHANGES TO THESE TERMS AND CONDITIONS
    1. Art Gazette may, from time to time, amend or update these Terms and Conditions without notice to you.
    2. It is your responsibility to periodically review these Terms and Conditions to ensure you understand the terms that apply at the time.
  16. NOTICES
    1. Art Gazette chooses the contact and email address set out at the top of these Terms and Conditions, and registered users choose the physical and e-mail addressed provided at registration, for all purposes under these Terms and Conditions, including notices or other documents or communications of whatsoever nature in respect of these Terms and Conditions, but excluding the service of documents in legal proceedings.
  17. APPLICABLE LAW
    1. These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims), are governed by English law.
    2. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.
  18. RELATIONSHIP
    1. Nothing contained in these Terms and Conditions or the Additional Agreements shall be deemed to constitute either you or us a partner, agent, joint venture or employee of the other party for any purpose whatsoever.
    2. You shall not have the ability, power or capacity to bind Art Gazette, and you undertake not to hold yourself out at any time to any third party as having the authority to bind Art Gazette in any manner.
  19. GENERAL
    1. If any provision in these Terms and Conditions shall be or become invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
    2. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
    3. The agreement embodied in these Terms and Conditions is between you and Art Gazette. No other person shall have any rights to enforce any of its terms..
  20. RULES OF INTERPRETATION
    1. A person includes a natural person, corporate or unincorporated entity (whether or not having separate legal personality).
    2. A reference to a party includes its personal representatives, successors and permitted assigns.
    3. Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.