TERMS & CONDITIONS FOR MEMBERS
Acceptance of Terms
Your access to and use of theartcurator.com (‘the Website’) and any Services referred to below is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
The Services
The Website may provide communication tools such as image galleries, administration areas, email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (‘the Services’) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
Child Supervision
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Website/Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself of your children via any of the Services.
Privacy Policy
We are committed to responsible data management and subscribe to the principals of the data protection legislation in the UK. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
In the member’s Dashboard area, certain personal information entered will be posted in the members’ gallery within the Website. Theartcurator.com cannot be held responsible for unsolicited email or ‘spam’ sent to a member’s published email address.
Member Account, Password and Security
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will theartcurator.com or any companies associated with theartcurator.com be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
Acceptable Use
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (‘the Content’), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Website/Services you may be exposed to Content that is offensive and/or indecent. Theartcurator.com will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
In using the Website/Services you agree not to:
Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
Threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
Use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party;
Make unavailable or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;
Collect or store personal information about others, including email addresses;
Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
Impersonate any person or entity for the purpose of misleading others;
Violate any applicable laws or regulations;
Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
Attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
Links To Third Party Websites
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that theartcurator.com is not responsible for the content or availability of any such sites.
Indemnity
You agree to indemnify and hold theartcurator.com harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against theartcurator.com by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by theartcurator.com in consequence of your breach of these Terms and Conditions.
Disclaimers and Limitation of Liability
Use of the Website/Services is at your own risk. The Website/Services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, theartcurator.com will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
Theartcurator.com makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
Theartcurator.com is not responsible in any way for any artwork sales that you or third parties may engage in.
Theartcurator.com reserve the right to refuse use of the Services.
Theartcurator.com reserve the right to refuse or remove images or text posted on the Website.
Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Governing Law
These Terms and Conditions shall be governed by and construed on accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
GENERAL TERMS & CONDITIONS
Some art within the Artists section of the web site is presented for sale directly by theartcurator.com. In this event the price is quoted under, or to the side of each image. The price quoted is UK Pounds and includes the artwork, certificate of authenticity, framing as shown, postage & packaging (to a UK mainland address) and VAT where applicable. Please enquire for shipping costs and terms beyond the UK mainland.
Payment
Payment can be made securely online. We accept all major credit and debit cards.
Delivery
It is an objective of ours that every order is completed within 21 days from the date of order. Once we have received your order we will process it without delay and contact you to confirm the date your art will be delivered.
Returns
Notwithstanding your statutory/legal rights we offer a RETURNS PROMISE which is designed to enable you to buy online but have an extended period to consider whether you wish to keep the art or return it for a full refund or exchange. Any art you purchase online at Curator is covered by a 30 day refund promise. The terms of which are described below:
The art must be returned to us within 30 days from the date the art was received by you.
The art must be received back by us in the condition it was originally dispatched.
The art must be packaged for collection securely and with suitable materials.
The cost of £30 will be deducted from the refund to cover the cost of the collection of the art from you, which we will arrange.
Once the artwork has been received back by us and the original despatch condition has been confirmed we will send a full refund to you less the £30 collection charge. This will be sent within 3 working days from the date the art is received back.
If you wish to return art for a refund the following returns process must be followed:
Telephone us on 0845 680 61 69 to confirm that you wish to return the art. Please note that WE ARRANGE FOR THE ARTWORK TO BE COLLECTED. We will then confirm via email the date the collection has been arranged for. It is then your responsibility to have the art packaged appropriately and ready for the collection.
Art Received Damaged
We take extreme care to ensure that every piece of art leaves our framing facility 100% perfect. However, if your art is received damaged you must contact us within 48 hours of receiving it. It is also important that you retain all the original packaging material that came with the art. Once we receive your contact we will advise on the next steps.
Home View
Where this service is available you will see the Home View icon next to the artwork. This is a service by which customers can have art brought directly to their home for them to view. The full procedure and terms for Home View are described below:
Contact us by telephone on 0845 680 61 69 or email us at info@theartcurator.com to tell us where you are located and which art work you are interested in.
Provided we can accommodate your request we will arrange a date and time for us to bring the requested art work to your home.
The service is totally free. We do however request a £100 FULLY REFUNDABLE deposit to be paid before the visit. Once the deposit is paid we will temporarily suspend the sale of the artwork you will be viewing so that it is not sold prior to the viewing.
After the viewing we will EITHER deduct the £100 deposit from artwork purchased at the viewing OR refund the £100 the following business day should you not decide to purchase any art as a result of the viewing.
Art that has been purchased from a Home View visit will not benefit from the full 30 day RETURNS PROMISE as stated earlier. Instead, we offer a 10 day RETURNS PROMISE. All other terms of the promise remain the same
