Terms and Conditions
BY ACCESSING AND USING THIS WEBSITE AND THE CONTENT AND/OR REGISTERING WITH ATG MEDIA AND/OR (IF APPLICABLE) THE AUCTIONEER SITE YOU ARE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS SET OUT BELOW WHICH FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO THEM YOU ARE NOT ENTITLED TO ACCESS AND USE THE WEBSITE.
- Metropress Ltd (a company registered in England and Wales and with company number 01010311) (trading as "ATG Media") whose principal place of business is at The Harlequin Building, 65 Southwark Street, London SE1 OHR, UK and (if applicable) the operator of the site promoting online auctions ("Auctioneer") powered by ATG Media's technology ("Auctioneer Site") (each a "Website Operator"); and
- You, the user of the Service ("the User").
"Intellectual Property Rights" means patents, trademarks, design rights, database rights, copyright, and all other intellectual property rights anywhere in the world, whether registered or not.
"Licensor" means any licensor of Website Operator including without limitation any third parties placing Content (as defined below) on the Website.
"Service" means the provision of Content (which includes without limitation, news, data, catalogues, and other services) provided on the Website to the User by Website Operator. Auction services are subject to additional terms and conditions which the User is required to register for and accept before being able to access and use the auction services (whether for live auctions or otherwise).
"Website" means the Antiques Trade Gazette website at: www.antiquestradegazette.com; and the Sale Room website at:
www.the-saleroom.com and the i-bidder website at www.i-bidder.com; together with (where applicable) the Auctioneer Site.
2. LEGALLY BINDING TERMS AND CONDITIONS
2.1 Please read these terms and conditions very carefully before using this Website. This is a legally binding agreement between you as the User and Website Operator establishing the terms and conditions under which you may have access to, and use of, this Website, including all information, advice and downloaded materials contained or referred to in it or accessed from it ("the Content"). BY ACCESSING AND USING THIS WEBSITE AND THE CONTENT AND/OR REGISTERING WITH WEBSITE OPERATOR YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THEM YOU ARE NOT ENTITTLED TO ACCESS AND USE THE SERVICE.
2.2 The Content of this Website may be restricted by law in certain countries. It is the responsibility of the User to determine what those restrictions are and to observe them.
These terms and conditions are subject to change. ATG Media reserves the right to amend them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended terms and conditions on the Website. The amended terms and conditions shall become effective immediately.
These terms and conditions were last updated on 28 October 2009 and replace all previous terms and conditions.
3. BASIS OF USE
3.1 Upon acceptance of these terms and conditions the User has a non-exclusive, non-transferable, non-sublicenceable licence to use the Service and download Content for its own personal non-commercial use in order to view the Website only. This licence shall include any other material downloaded from this Website unless other conditions apply to the use of that material. ATG Media or Auctioneer as the case may be has the right to revoke this licence at any time or to remove Content from the scope of the licence without further notice.
3.2 The User agrees not to:
use the Service in any way to either directly or indirectly prejudice Website Operator's interests or those of its Licensors or affiliates and/or the provision and exploitation of the Service in any way;
copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Website or the Service (other than to the extent required to view the Website as contemplated by 3.1);
create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Website or the Service (by spidering or otherwise) or enable or permit others to do so.
3.3 Website Operator shall make the Service available to Users in such forms as it reasonably deems appropriate from time to time.
3.4 The User shall provide at its own cost suitable access to the internet or equivalent through which the Service is intended to be delivered and the User shall assume sole responsibility for the configuration and maintenance of that access and the licensing and/or provision of any software required.
3.5 All products and services contained on or referred to in this Website (including Content that can be downloaded) are subject to availability and ATG Media or Auctioneer as the case may be has the right to withdraw any product or service at any time without notice.
3.6 Where the Content includes information relating to any product or service ATG Media or Auctioneer as the case may be has the right to change any such information at any time without notice.
3.7 WEBSITE OPERATOR WILL USE ITS REASONABLE ENDEAVOURS TO TRY AND ENSURE THAT ALL INFORMATION DISPLAYED ON THIS WEBSITE IS ACCURATE AND UP TO DATE BUT ERRORS RELATING TO INFORMATION ARE SUBJECT TO THE EXCLUSIONS ON LIABILITY SET OUT IN THESE TERMS AND CONDITIONS AND THE USER SHOULD NOT RELY ON THE INFORMATION AS BEING ACCURATE OR UP TO DATE BUT SHOULD INDEPENDENTLY VERIFY ALL INFORMATION. IN ANY EVENT WEBSITE OPERATOR TAKES NO RESPONSIBILITY FOR CONTENT FROM LICENSORS ON THE WEBSITE.
4. ITEMS ADVERTISED FOR SALE ON THE WEBSITE
4.1 WEBSITE OPERATOR MAY FROM TO TIME PROVIDE A RESOURCE WHERE CATALOGUES AND OTHER SALE DETAILS FROM DEALERS, AUCTION HOUSES AND OTHER SELLERS ("SELLERS") CAN CONVENIENTLY BE VIEWED. WEBSITE OPERATOR'S ROLE IS LIMITED TO THE PROVISION OF THE SERVICE FOR THE PUBLICATION OF INFORMATION ON ITEMS ("ITEMS") OFFERED FOR SALE PROVIDED BY THE SELLERS.
4.2 ITEMS ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS OF THE SELLER AND ANY TERMS OF THE AUCTIONEER. IT IS THE USER'S RESPONSIBILITY TO OBTAIN AND TO READ THE AUCTIONEER'S AND SELLER'S TERMS AND CONDITIONS CAREFULLY BEFORE MAKING A BID OR OFFER TO PURCHASE ANY ITEM.
4.3 ATG MEDIA IS NOT A PARTY TO ANY TRANSACTION BETWEEN THE USER AND THE SELLER FOR THE SALE OF ITEMS NOR IS ATG MEDIA ACTING AS AGENT FOR OR OTHERWISE ON BEHALF OF ANY SELLER. ACCORDINGLY, THE USER ACCEPTS THAT IT WILL HAVE NO CLAIM OR CAUSE OF ACTION AGAINST ATG MEDIA IN RESPECT OF THE SALE (OR NON-SALE) OF ANY ITEM.
4.4 FOR THE AVOIDANCE OF DOUBT, WEBSITE OPERATOR IS NOT RESPONSIBLE FOR ANY ERRORS IN INFORMATION ABOUT ITEMS ON THE SITE. WEBSITE OPERATOR DOES NOT EVALUATE ITEMS AND DOES NOT ACT AS A SPECIALIST OR EXPERT ON ANY RELATED SUBJECT MATTER. WEBSITE OPERATOR MAKES NO WARRANTIES OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO ITEMS (INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF DESCRIPTION, GENUINENESS, QUALITY, AUTHORSHIP, ATTRIBUTION, PROVENANCE, PERIOD, CULTURE, SOURCE, ORIGIN, SAFETY, FITNESS FOR PURPOSE OR AVAILABILITY FOR SALE). IF THE USER HAS ANY QUESTIONS, THEN THEY SHOULD CONTACT THE SELLER DIRECTLY. IN PARTICULAR, IT IS THE USER'S RESPONSIBILITY TO UNDERSTAND THE SELLER'S PAYMENT AND SHIPPING TERMS AND THOSE OF THE AUCTIONEER.
4.5 WHILST WEBSITE OPERATOR MAY ENDEAVOUR TO FACILITATE ELECTRONIC OR OTHER COMMUNICATIONS BETWEEN USERS AND SELLERS, IT ACCEPTS NO RESPONSIBILITY IN RESPECT OF THE AVAILABILITY OR PERFORMANCE OF ANY SUCH SERVICES.
4.6 USERS MUST REGISTER AND AGREE TO THE BIDDER USERS TERMS AND CONDITIONS BEFORE THEY CAN PARTICIPATE IN ANY AUCTIONS (WHETHER LIVE OR OTHERWISE).
5. TITLE AND INTELLECTUAL PROPERTY RIGHTS
5.1 Website Operator or its Licensors are the owners of all Intellectual Property Rights in relation to this Website and its Content and, except to the extent expressly permitted by the licence granted under these terms and conditions, the User may not copy, extract, utilise, download, distribute, re-sell, use or publish (including by any means of electronic dissemination or extraction) the Content in any way without the prior written consent of relevant Website Operator.
6.1 Website Operator does not provide any warranties in respect of the accuracy, operation or usefulness of the Service nor does it warrant that its operation will be uninterrupted or error free.
6.2 Website Operator warrants that it shall endeavour to perform its obligations under these terms and conditions with reasonable care and skill.
7. MODIFICATIONS AND RESERVATIONS
7.1 ATG Media and the Auctioneer (as the case may be) reserves the right to make improvements, substitutions, modifications or enhancements to any part of the Service at any time.
8. EXCLUSIONS AND LIMITS OF LIABILITY
8.1 EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS (A) WEBSITE OPERATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) NOR (B) ARE ANY CONDITIONS INCLUDED IN RELATION TO THIS WEBSITE OR ITS CONTENT. WEBSITE OPERATOR EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL SUCH WARRANTIES, REPRESENTATIONS AND CONDITIONS.
8.2 THE CONTENT CONTAINED ON THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY. ANY ADVICE OR INFORMATION RECEIVED THROUGH THIS WEBSITE OR ITS CONTENT SHOULD NOT BE RELIED UPON AS BEING CORRECT OR ACCURATE AS IT THE USER'S OBLIGATION TO VERIFY INDEPENDENTLY SUCH MATTERS FROM PRIMARY SOURCES OF INFORMATION AND/OR BY TAKING PROFESSIONAL ADVICE.
8.3 THE USER IS NOT ENTITLED TO RELY ON THE CONTENT OR ANY ASSOCIATED SERVICE OF THIS WEBSITE.
8.4 EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY ARISING FROM WEBSITE OPERATOR'S OWN NEGLIGENCE OR FOR WEBSITE OPERATOR'S FRAUD, WEBSITE OPERATOR EXCLUDES ALL LIABILITY ("LIABILITY") IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR ANY COSTS, LOSSES, CLAIMS, DAMAGES, EXPENSES OR PROCEEDINGS INCURRED OR SUFFERED BY THE USER ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS WEBSITE AND ITS CONTENT INCLUDING WITHOUT LIMITATION ANY LOSS, DAMAGE OR EXPENSE ARISING FROM, BUT NOT LIMITED TO, ANY DEFECT, ERROR, IMPERFECTION, FAULT, MISTAKE OR INACCURACY WITH THIS WEBSITE, ITS CONTENT OR ASSOCIATED SERVICES (INCLUDING BUT NOT LIMITED TO INFORMATION, ADVICE, AND ALL CONTENT AND SOFTWARE DOWNLOADED FROM THIS WEBSITE), OR DUE TO ANY UNAVAILABILITY OF PART OR ALL OF THE WEBSITE OR ANY CONTENT OR ASSOCIATED SERVICES.
8.5 FOR THE AVOIDANCE OF DOUBT, ALL LIABILITY OF WEBSITE OPERATOR FOR LOSS OF PROFITS, ECONOMIC LOSS, WASTED MANAGEMENT TIME, SPECIAL, INCIDENTAL, INDIRECT, AND/OR CONSEQUENTIAL LOSS OR DAMAGE, IS ALSO EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
8.6 WEBSITE OPERATOR ACCEPTS NO LIABILITY OR RESPONSIBILITY FOR THE USE MADE OF THE SERVICES BY THE USER OR THOSE UNDER ITS CONTROL AND, IN PARTICULAR BUT WITHOUT LIMITATION, THE CONTENT OF ANY INFORMATION.
8.7 THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS AND CONDITIONS ARE ALSO FOR THE BENEFIT OF WEBSITE OPERATOR's AFFILIATES (IF ANY).
9. LINKS TO OTHER INTERNET WEBSITES
9.1 Website Operator aims to provide a high quality of service to its Users through this Website and for information and convenience Website Operator may from time to time provide links to other Internet websites. The inclusion of such hyperlinks, however, does not imply any endorsement, representation or warranty regarding those websites or the contents of those websites.
9.2 THE USER MAY NOT LINK DIRECTLY OR INDIRECTLY, OR FACILITATE THE LINKING OF, THE WEBSITE TO ANY OTHER WEBSITE WITHOUT RELEVANT WEBSITE OPERATOR'S PRIOR WRITTEN CONSENT PROVIDED THAT NO CONSENT IS REQUIRED FOR LINKS MADE SOLELY FOR THE PURPOSES OF OPERATING AND PROVIDING A BONA FIDE SEARCH ENGINE ALTHOUGH RELEVANT WEBSITE OPERATOR RESERVES THE RIGHT AT ANY TIME TO REQUIRE ANY SUCH LINKING TO CEASE.
10.1 THE USER SHALL TO THE FULLEST EXTENT PERMITTED BY LAW FULLY INDEMNIFY WEBSITE OPERATOR AND EACH OF ITS AFFIKIATES (IF ANY) FROM AND AGAINST ALL LIABILITIES, DEMANDS, LOSSES, COSTS, DAMAGES AND ACTUAL EXPENSES (INCLUDING REASONABLE LEGAL FEES) SUFFERED OR INCURRED BY OR AWARDED AGAINST WEBSITE OPERATOR OR ANY OF ITS AFFILIATES IN CONSEQUENCE OF OR ARISING OUT OF ANY ACTIONS OF THE USER THAT ARE INCONSISTENT WITH, OR ARE IN BREACH OF, THESE TERMS AND CONDITIONS, ANY RELEVANT NATIONAL OR INTERNATIONAL LAWS OR REGULATIONS OR ARISING OUT OF THE USER'S NEGLIGENT, FRAUDULENT OR ILLEGAL USE OF THE SERVICE OR WHICH INFRINGE THE RIGHTS OF OTHERS.
11.1 The agreement constituted by these terms and conditions ("Agreement") including without limitation the User's licence to use the Website and any or all of the Content may be terminated by the relevant Website Operator at any time without cause or notice.
11.2 Any termination of this Agreement will be without prejudice to any other rights or remedies of Website Operator or any of its affiliates under this Agreement or at law and will not affect its accrued rights prior to the date of termination. Clauses 4, 5, 6.1, 8, 9, 10, 11 and 12 shall survive the termination of this Agreement.
12. ANCILLIARY PROVISIONS
12. 1 SEVERABILITY: If any of the provisions or part of a provision of these terms and conditions is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions or provision will not be prejudiced unless the substantive purpose of these terms and conditions is then frustrated, in which case either party may terminate the agreement constituted by these terms and conditions forthwith on written notice.
12.2 WAIVER: No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
12.3 ASSIGNMENT/SUBLICENSING: The User may not assign or sublicense the agreement constituted by terms and conditions or any benefits or interests arising under these terms and conditions without the prior written consent of relevant Website Operator.
12.4 GOVERNING LAW AND JURISDICTION: These terms and conditions (and accordingly all visits to this Website) shall be governed by the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts. This is without prejudice to Website Operator's right and that of its affiliates to commence proceedings anywhere in the world relating to the protection of its Intellectual Property Rights or those of its Licensors.
© Copyright ATG Media Limited 2009 ALL RIGHTS RESERVED