GENERAL TERMS AND CONDITIONS

  1. INTRODUCTION

    1. Welcome to South East Coast Art Map. Our website www.southlondonartmap.com (the “Website”) is owned and operated by Hub Arts Map C.I.C. (‘we’, ‘us’ or ‘our’, as applicable), a not-for-profit, community interest company incorporated in England with its registered office address at 152 Deptford High Street, London, SE8 3PQ.

    2. South East Coast Art Map is a service, made available through the Website, which allows its users to, amongst other things, share and promote art galleries and art studios via a printed map, website and social and online media, including information about upcoming shows, run tours and promote coordinated activity and provide an online marketplace facilitating the primary sale only and purchase of artwork (the “Service”).

    3. To make these general terms and conditions (the “General Terms and Conditions”) quicker to read, we use a few key definitions.  We refer to any user who has submitted a membership application in accordance with these General Terms and Conditions and has been accepted by us as a “Member” and a Member that owns and lists artwork for sale via the Service (“Artwork”) is referred as an “Owner”, and a user of the Website who buys any Artwork via the Service is referred to as a “Buyer”.

    4. These General Terms and Conditions apply to all users of the Website, irrespective of whether such user is a Member, or just browsing.

    5. We have a number of policies referred to in these General Terms and Conditions, including the Membership Terms and Conditions, our Cookie Policy and Privacy Policy.  Subject to paragraph 4.3 of these General Terms and Conditions, they all form part of our agreement with you.

    6. Please read these General Terms and Conditions and the related policies carefully before you start to use the Website, as these will apply to your use of the Website.  We recommend that you print or save a copy of these General Terms and Conditions for future reference.

    7. By using our Website, you confirm that you accept these General Terms and Conditions and that you agree to comply with them.  These General Terms and Conditions were most recently updated on the date of posting that appears at the top of this page.

    8. For further information about us and our contact details, please see the Contact Us section at the end of these General Terms and Conditions.

  2. ACCESSING AND USING THE WEBSITE

    1. Anyone can access this Website using their web browser and internet connection.  However, if you want to promote and sell Artwork, you will need to apply to become a Member.  Please see paragraph 4 of these General Terms and Conditions for details on how to apply to become a Member.

    2. We try to make the Website available at all times, but, of course, due to the inherent nature of online and internet based services, we cannot guarantee this.

  3. YOUR PRIVACY AND OUR USE OF COOKIES

    1. We take your privacy very seriously.  Please read our Privacy Policy to see how we use your personal information. By using the Website, you consent to us processing your personal information in the ways and for the purposes described in that policy.

    2. Like many online services we use a feature called a 'cookie', which is a small data file that is sent to your browser from a web server and stored on your device's hard drive.  References in these General Terms and Conditions to ‘cookies’ also include other means of automatically accessing or storing information on your device.  By agreeing to these General Terms and Conditions, you are providing your consent for us to use cookies in the ways described in our Cookie Policy, however, you may delete any of these cookies at any time if you wish.  Please see our Cookie Policy for detailed information on the types of cookies we use on the Website, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.

  4. REGISTRATION

    1. Anyone may apply to become a Member provided that they meet the relevant membership requirements.  These requirements can be found on the Membership Requirements page of the Website.

    2. Members are subject to additional terms and conditions (the “Membership Terms and Conditions”), a copy of which will be made available to you as part of the application process.

    3. In respect of Members only:

      1. the Membership Terms and Conditions shall be incorporated into these General Terms and Conditions, by reference; and

      2. references to the General Terms and Conditions at paragraph 15 of these General Terms and Conditions shall include, and be read interchangeably, with the Membership Terms and Conditions.

  5. TERMS FOR BUYERS

    1. We provide a platform for Buyers to complete transactions for the purchase of Artwork from Owners in accordance with the provisions of these General Terms and Conditions.  

    2. Accordingly, our role is to facilitate transactions between Buyers and Owners through provision of the Website.  We are not an auctioneer nor are we an agent of the Buyer or Owner and we have no continuing authority to negotiate, deal with, manage, conduct or conclude any sale or purchase on behalf of the Buyer or the Owner.

    3. All prices for Artwork listed for sale via the Service shall be stated inclusive of VAT.

    4. We do not have possession of anything listed or sold through the Website, and are not involved in, and bear no responsibility for, the actual transaction between Buyers and Owners.  The contract for the sale is directly between the Buyer and Owner (“Contract”) and we shall have no liability under it.

    5. Please be aware that:

      1. the Buyer has certain legal rights in relation to Artwork purchased that is faulty or not as describe and advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.  Nothing in these General Terms and Conditions will affect these legal rights; and

      2. if the Buyer is a consumer, the Buyer will have certain rights which may apply in respect of any transaction between the Buyer and the Owner.  Compliance with these rights is the sole responsibility of the Owner.

    6. While we may provide relevant information from the Owner as part of the Service (e.g. pricing, postage etc), such information is for information only.  

    7. We have no control over, and are not in any way responsible for, the existence, quality, safety or legality of the Artworks advertised.

    8. The responsibility for compliance and enforcement of all obligations under the Contract between the Buyer and the Owner is between those parties.

    9. When Buyers pay for Artwork over the Website, we use Stripe Payments UK Ltd (“Stripe”) to process your payment.  Stripe operates a secure server to process your payment details. They encrypt your credit or debit card information and authorise payment directly.  For further information, please see our Privacy Policy.  Payment for Artwork shall be taken in advance.

    10. We will process payments made by Buyers in respect of transactions made using the Website and pass such payment to the relevant Owners on the Buyers’ behalf in accordance with these General Terms and Conditions.

    11. If you wish to return, or request a refund for, any Artwork purchased through the Website, please contact the Owner directly to let them know that you wish to cancel your order and/or return the Artwork, in accordance with the Owner’s terms and conditions from time to time.  As the Owner’s payment agent, we will process any refund to which you are entitled directly, via the payment method used to purchase the Artwork, in no more than:

      1. 14 days after the day the returned Artwork is received by the Owner and we are notified by the Owner of such return;

      2. if earlier, 14 days after the date you provide evidence that you have returned the Artwork to the Owner and receipt of such evidence is notified to us by the Owner; or

      3. if there was no Artwork supplied, 14 days after the day on which you informed the Owner (in accordance with paragraph 5.9, above) about your decision to cancel your order and we were notified by the Owner of such decision.

    12. Should a dispute arise between a Buyer and Owner they should use their best efforts to resolve that dispute between them and all complaints and queries with respect to a transaction should be directed to the other party involved.

    13. We may (but shall have no obligation to) mediate between the parties to the Contract or to enforce the Contract.  If you are unable to resolve you dispute with a Buyer, please contact us by email at info@southlondonartmap.com.

  6. PROMISES, LIABILITY AND DISCLAIMER

    1. The Website is provided on an "as is" basis.  To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Website and its content, whether express, implied, oral or written.  In particular:

      1. we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Website and you should not rely on it being accurate, truthful or complete; and

      2. by using the Website you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Website, and the risks inherent in all third party links, connections and transfers via the internet.

    2. You agree that your access and use of the Website and its content is at your own risk.  We do not have any knowledge of, or control over, the particular purposes for which the information and content available on the Website is used.  The content and information that we make available on the Website is provided for information only.  Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Website or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Website.

    3. By using the Website you acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the Website, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the Internet.  Accordingly:

      1. we do not make any promises about the availability or accessibility of the Website or promise that your access to the Website, the content on it or the service we provide will be delivered uninterrupted, in a timely manner or error-free; and

      2. we are not responsible for any data or information uploaded by, or by us on behalf of, any Members including any content posted, uploaded or published on the Website.

    4. We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the servers that make it available.  In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines.  Any content downloaded or otherwise obtained through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

    5. We will not be responsible or liable to any visitors browsing the pages of this Website for:

      1. any form of indirect, consequential or special loss; or

      2. any financial loss or loss of data, opportunity, goodwill or reputation, in each case whether such loss is direct or indirect.

    6. There are certain liabilities which we cannot exclude by law and nothing in these General Terms and Conditions excludes or limits our liability for the following:

      1. for death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation; or

      3. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.

    7. If we are found to be liable, our total liability in respect of all claims made against us in connection with these General Terms and Conditions (other than those mentioned in paragraph 6.6 of these General Terms and Conditions) is as follows:

      1. to the extent that such claims relate to any content submitted to or posted on the Website, our maximum liability shall be as set out in paragraph 6.3.2 of these General Terms and Conditions; or

      2. in relation to any other claims, our liability shall be limited to £100.

  7. OUR RIGHT TO REIMBURSEMENT BY YOU

You agree only to use the Website in accordance with these General Terms and Conditions. You agree that you will reimburse us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of or in connection with any breach by you of these General Terms and Conditions (including any actions you take which disrupt access to and/or the functioning of the Website) or any liability we incur as a result of the use of the Website by you and any other person that uses your account.

  1. OUR CONTENT

    1. All of the content on the Website is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.

    2. Our content includes any information or other material found on or via the Website, including without limitation text, databases, graphics, videos, software and all other features found on or via the Website.

    3. You may view the Website’s pages and content online and may, where necessary, print individual pages of the Website on paper (but not photocopy them) and store such pages in electronic form on your computer for your non-commercial use, provided you keep intact all and any copyright and proprietary notices.  You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Website, other than as expressly permitted under these General Terms and Conditions without our prior written consent.

    4. To be clear, you are not in any circumstances permitted to:

      1. make commercial use of any such content;

      2. edit any such content; or

      3. remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.

    5. The trade marks appearing on the Website are owned by us or our licensors. No permission is given in respect of the use of any of these marks or brands, and any such use may constitute an infringement of the holder’s rights.

  2. GENERAL PROHIBITIONS ON ACCESS AND USE OF THIS WEBSITE

    1. You may use the Website only for lawful purposes.  You may not use the Website:

      1. in any way that breaches any applicable local, national or international law or regulation;

      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

      3. for the purpose of harming or attempting to harm minors in any way; or

      4. to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

    2. You also agree:

      1. not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our General Terms and Conditions;

      2. not to access without authority, interfere with, damage or disrupt:

        1. any part of the Website;

        2. any equipment or network on which the Website is stored;

        3. any software used in the provision of the Website; or

        4. any equipment or network or software owned or used by any third party.

    3. You shall not carry out data mining, screen scraping or crawling of this Website, its pages or its content or use any process or processes that send automated queries to this Website unless you have obtained our prior written consent.

  3. THIRD-PARTY SOFTWARE

    1. You acknowledge that you may need to download and activate certain software in order to use certain content provided and sold on the Website.  This software will be clearly identified on the Website.

    2. In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party.  You acknowledge that we have no responsibility or control over such third-party software.

  4. LINKS

    1. You acknowledge that the Website may include links to third-party websites.  We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.

    2. We do not therefore endorse, or make any representations about, them or any content found there or any results that may be obtained from using them.

    3. If you decide to access any of these third-party websites, you do so entirely at your own risk.

    4. If you use a linked site, any personal information you give them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and privacy policy before you use their websites and provide any personal information.

    5. You may only link to the Website provided that:

      1. the homepage is not loaded into frames on your website, unless we expressly agree;

      2. your site or services do not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values; and

      3. we reserve the right to withdraw linking permission any time without prior notice.

  5. MISUSE OF THE WEBSITE

    1. We monitor the content on the Website, but please inform us if you spot any abusive content or inappropriate behaviour.

    2. If any content on the Website makes you feel threatened or abused, or if you believe that any content on the Website is offensive or otherwise breaches these General Terms and Conditions, or if you have any other serious concerns about activity on the Website, please contact us (see the Contact Us section for contact details).

  6. COPYRIGHT COMPLAINTS

    1. We respect the intellectual property rights of others, and we prohibit Members of the Website from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.

    2. It is our policy to terminate usage rights and any applicable user accounts of Members we determine to be repeat infringers of others’ copyright.

    3. Content hosted on third-party websites accessible from this Website is the responsibility of those websites, and not our responsibility.  If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.

  7. GENERAL COMPLAINTS, FEEDBACK AND REQUESTS FOR FURTHER INFORMATION

    1. If you have any general complaints or wish to request further information about the Website, please contact us (see the Contact Us section) and we will do our best to resolve these.

    2. Your feedback and suggestions about the Website are always gratefully received by us however you understand that we may use these without any obligation to compensate you for them and you are, of course, under no obligation to us to provide them.

  8. WRITTEN COMMUNICATIONS

    1. Applicable laws require that some of the information or communications we send to you should be in writing.  When using the Website, you accept that communication with us will be mainly electronic.  We will contact you by email or provide you with information by posting notices on the Website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

  9. GENERAL

    1. Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we or how a Member has handled any complaint, you may want to contact the alternative dispute resolution provider. You can submit a complaint to the IDRS (part of the Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/idrs/ . IDRS will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

    2. Severability.  If any part of these General Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these General Terms and Conditions will not be affected and shall remain in force.  For the avoidance of doubt, should these General Terms and Conditions or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these General Terms and Conditions.

    3. Reliance on these General Terms and Conditions.  We intend to rely on these written General Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any contract between us.  We and you will be legally bound by these General Terms and Conditions.

    4. Events or circumstances beyond our reasonable control.  If we are prevented or delayed from complying with our obligations under these General Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.

    5. References to ‘including’ and other similar expressions.  In these General Terms and Conditions, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.  

    6. Assignment.  You may not assign, sub-license or otherwise transfer any of your rights under these General Terms and Conditions.

    7. Waiver.  If you breach these General Terms and Conditions and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the General Terms and Conditions again.

    8. Exclusion of third party rights.  These General Terms and Conditions do not create any right enforceable by any person who is not a party to them (or any contract made under them), except that the provisions of these General Terms and Conditions may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.

    9. Language.  These General Terms and Conditions may be presented to you in more than one language. However, the English language version of these General Terms and Conditions shall prevail.  The contract between us will be concluded in English.

    10. Governing law and jurisdiction.  Any disputes or claims between us arising out of or in connection with these General Terms and Conditions or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales.  Any disputes or claims arising shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.  Nothing in this paragraph shall deprive consumers of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.

  10. CHANGES TO THESE GENERAL TERMS AND CONDITIONS

We may make changes to these General Terms and Conditions at any time by sending you an email with the modified General Terms and Conditions or by posting a copy of them on the Website.  Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Website, whichever is the earlier.  If you continue to use the Website after that period has expired, it means that you accept any such changes.

  1. CONTACT US

This Website is owned by Hub Arts Map C.I.C, a not-for-profit, Community Interest Company incorporated in England.  The registered office address of Hub Arts Map C.I.C. is: 152 Deptford High Street, London, SE8 3PQ.

Our registered company number is:    09404173.

Tel number:                020 8694 8097.

Email:                    info@southlondonartmap.com.