1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
1.2 Why you should read them. Please read these terms carefully before you join as a member of the Views platform. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss the issue.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Art Technologies Limited, a company incorporated and registered in the UK. Our UK company number is 12560270 and our registered office is at 20 Guildford Road, Tunbridge Wells, England, TN1 1SW. We trade as ‘Views'.
2.2 How to contact us. You can contact us by writing to us at our registered office address or at firstname.lastname@example.org.
2.3 How we may contact you. If we need to contact you we will do so by telephone or by writing to you at your email address or postal address, to the extent that you have provided these means of communication.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your membership to our platform. Our acceptance of your joining our platform by opening an account and of your subsequent membership will take place when we email you to confirm payment of your subscription fee, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your subscription fee. If we are unable to accept your subscription fee for whatever reason, we will inform you of this and we will not charge you for it. This might be because our third party payment processor is experiencing difficulties with their systems, because we would like to halt taking immediate payment to reconsider your membership application, etc.
3.3 Your membership number. We will assign a membership number to your newly opened account, and this will be linked to your recurring subscription fee. It will help us if you can tell us your membership number whenever you contact us about your membership of our platform.
4. OUR SERVICES
Changes to how our platform looks and functions. The images or videos of our services (i.e. our platform and any additional services that we offer) on our website, are for illustrative purposes only. Although we have made every effort to display the layout and design of our platform accurately, we cannot guarantee that if you become a member of our platform, that the platform will look and function exactly as described in the literature on our website.
5. YOUR RIGHTS TO MAKE CHANGES
Changes to your subscription. If you wish to make a change to the subscription that you have already paid for, please contact us. We will let you know if the change is possible. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8).
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
These changes will not affect your use of the services that we offer.
6.2 More significant changes to the services and these terms. In addition, we may make more significant changes to these terms or the services, but if we do so we will notify you, and you may then contact us to end the contract before the changes take effect, and receive a refund for any services paid for but not yet received.
7. PROVIDING THE SERVICES
7.1 Subscription fee. Your subscription fee price for membership will be as displayed to you on our website.
7.2 When your subscription will begin. During the payment process we will let you know when we will provide the services to you. Once you have paid your subscription fee, there may be a short delay of up to 48 hours while we carry out further security checks, before granting you full access to your account on our platform. Please be patient during this time and, if you believe that more than 48 hours has passed since you paid your subscription fee and you have still not been granted full access to our platform, please contact us at email@example.com.
7.3 When your subscription will renew. Your subscription to our platform will renew automatically on a yearly or monthly basis if you do not cancel it before payment is taken for a new payment year. We will take payment for a recurring subscription from the same payment method that you previously provided and which our third party payment processor has on file for you. If this payment method has changed in the intervening period and payment is subsequently denied, we will contact you to determine a new form of payment. If, after making reasonable efforts to do so, we are unable to contact you for this purpose, we will cancel your recurring subscription and you will cease to be a member of our platform and lose access to any additional services that formed a part of your previous subscription.
7.4 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the services to you, for example, your home address, phone number, email address, etc. If so, this will have been stated before you pay your first subscription fee to us. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.5 Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
(a) deal with technical problems or make minor technical changes to the platform; or
(b) update the platform to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the platform as requested by you or notified by us to you (see Clause 6).
7.6 Your rights if we suspend the supply of services. We will contact you in advance to tell you that we will be suspending the supply of a service, unless the problem is urgent or an emergency. If we have to suspend the use of our platform, we may reduce the price of your subscription, depending on the length of time that you do not have access to it. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days, and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have paid for, how we are performing, and when you decide to end the contract:
(a) if there is an issue with your use of the platform or use of the platform has been misdescribed by us, you may have a legal right to end the contract, see Clause 11.
(b) if you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2
(c) if you have just changed your mind about the services we provide, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
(d) in all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.5
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any services which have not been provided, and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to (see Clause 6.2);
(b) we have told you about an error in the price or description of the services that you have paid for and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind. For most services bought online you have a legal right to change your mind within 14 days and receive a refund.
8.4 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the relevant confirmation of subscription email, to change your mind about your membership and access to any additional services that you have paid for.
8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when the services are paid for and provided. If you want to end a contract before it is completed, where we are not at fault, and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not yet provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs that we will incur as a result of your ending the contract.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Please contact us by email at firstname.lastname@example.org. Please provide your membership number, name, home address and, where available, your phone number.
(b) By post. Please write to us at the following address, including details of your membership number, name, home address and, where available, your phone number: 13 Peterborough Road, London, SW6 3BT, UK.
9.2 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 30 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a service at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services to you, for example, your home address, phone number, email address, etc.; or
(b) you do not, within a reasonable time, allow us to provide you with the relevant services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1, we will refund any money you have paid in advance for services that we have not provided, but we may deduct or charge you a reasonable sum as compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw a service. We may write to you to let you know that we are going to stop providing a particular service. We will let you know at least 30 days in advance of our stopping the supply of the service in question, and we will refund any sums that you have paid in advance for services which will not be provided.
11. IF THERE IS A PROBLEM WITH THE SERVICES
11.1 How to tell us about problems. If you have any questions or complaints about a service that we provide through our platform, please contact us by email at email@example.com.
11.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. As a consumer, you have legal rights in relation to services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect your legal rights.
12. PRICE AND PAYMENT
12.1 Where to find the price of your subscription or an additional service. The price of your subscription or any additional services that we offer will be the price indicated on the payment page when you come to pay your subscription fee and/or for any additional services. We take all reasonable care to ensure that the price of your subscription or any additional services advised to you are correct. However, please see Clause 12.2 for what happens if we discover an error in the price of your subscription or any additional services.
12.2 What happens if we get the price of your subscription or any additional services, wrong. It is always possible that, despite our best efforts, our subscription or any additional services that we offer may not be correctly priced. If we accept and process your subscription fee or payment for any additional services that we offer where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums that you have paid.
12.3 When you must pay and how you must pay. We accept payment with PayPal, and a number of other payment processing companies. You must pay for the services before we grant you access to our platform and any additional services that we offer. We will not charge your credit or debit card until we are in a position to accept your membership of our platform, or to provide any additional services.
12.4 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We will not be liable to you for any losses that you incur while using our platform, where we have complied with these terms. Provided we have complied with these terms, we will not be liable to you or required to indemnify you or any other individual (whether or not they are a member of the Views platform) in respect of any liabilities, costs, expenses, damages or losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred now or at any time in the future while using our platform or any additional services that we offer, whether or not you still have a subscription with us. For example, we will not be liable to you for any financial losses connected with any data that you yourself accidentally share with other users of our platform and that you did not intend to share and, which might, for example, impact on the potential future sale price of a particular artwork which you are intending to sell. Any data that you share privately with other users on our platform will therefore always be at your own risk.
13.2 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; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the services as referred to at Clause 11.2.
13.3 We are not liable for business losses. We only supply the services for private use. If you use the services for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. MEMBERSHIP OF THE VIEWS PLATFORM
To whom these terms apply. We reserve the right to determine who will and who will not be accepted as a member of the Views platform. All potential members will be carefully vetted before they are permitted to join our platform as a member and pay the relevant subscription fee, or for any additional services that we offer. Therefore, these terms are only applicable to such persons with whom we have entered into a contract to provide access to our platform on a membership basis.
16. CONFIDENTIALITY BETWEEN USERS OF THE VIEWS PLATFORM
Confidentiality. When you join as a member of the Views platform, by entering into this contract, you agree to abide by the rules of confidentiality that govern the platform. These are as follows: if another user with whom you match provides you with access to their personal details, or to any other information relating to them, or to any works of art in their artwork inventory (including any related information), you must keep such information entirely confidential at all times, unless they explicitly state that you may share such information with a third party.
17. FAILURE TO ABIDE BY THESE TERMS
Consequences of a failure to abide by these terms. Any member of the platform who fails to comply with these terms may be liable to Art Technologies Limited for any losses that we incur as a result of such a failure. They may also have their membership immediately and indefinitely revoked (i.e. they will lose access to the platform indefinitely), and will not be refunded their subscription fee. Furthermore and for the avoidance of doubt, any member of the platform who fails to comply with the rules of confidentiality that govern the platform (as outlined above) will likewise have their membership immediately revoked and will not be refunded their subscription fee. Such a member may also potentially find themselves liable privately to another member in the case of such a breach of confidentiality, however, Art Technologies Limited will never form a part of, or join in, any such legal proceedings.
18. OTHER IMPORTANT TERMS
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or to make any changes to these terms.
18.4 If a court finds any part of this contract illegal, the rest of the contract will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything that you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this contract or its subject matter or formation.