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
- ATG Media Ltd (company number 6636047) ("ATG Media") whose
principal place of business is at 115 Shaftesbury Avenue, London
WC2H 8AD, 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
"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
"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
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
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
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
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
from time to time shall form part of these terms and
4. ITEMS ADVERTISED FOR SALE ON
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
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
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
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
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
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
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
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. 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
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