TERMS oF USE
These Terms of Use (“Terms”) constitute a binding legal agreement between you (whether using
personally or on behalf of any person)(“you” or “your”) and ART X Collective Limited (“we,” “us” or “our”)
and they govern your access to and use of www.artxlagos.com, our products and services through any
platform/channel, device/application related, linked, or otherwise connected to artxlagos.com
(collectively, “Site”).
By accessing or using our Site, you agree that you have read, understood and agree to be bound by these Terms. Where you do not agree, you are not permitted to access or use our Site and you must discontinue use immediately.
We reserve the right, at our sole discretion, to amend, vary or modify these Terms at any time with or without any reason. In the event of any modifications to these Terms, we will inform you by updating the “Last Updated” date of the Terms. You hereby waive any right to receive specific notice of each such change and it is your responsibility to ensure you remain abreast of any updates. You will be deemed to have been made aware of and to have accepted the changes in the modified Terms by your continued use of the Site after the date on which such revised Terms are posted. If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use the Site and must discontinue use immediately. For avoidance of doubt, changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.
Our Site may also be updated frequently, and its form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Site (and/or the appearance, design, functionality, and all other aspects of any and all of our Site in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.
We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms and/or our Site, including any loss of business or the ability to use any product, service or Content. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Any ancillary terms that may be posted on our Site from time to time are hereby expressly incorporated herein. Please read these Terms carefully, and feel free to contact us should you require any information or clarification.
In these Terms, the following words and expressions shall have the following meanings:
“Content” means any and all information, source codes, databases, functionality, software, website designs, information, text, photographs, graphics, images, data, audio, video and other material provided on or through our Site or via email notifications. Content encompasses our Content and User Content.
“Exhibitor” means a Person whose products are exhibited and displayed on the Site.
“User” means any Person that accesses or uses our Site in any way (including Exhibitors where applicable)whether or not they make any purchases.
“User Content” means any and all Content that a User submits or otherwise provides on or through our Site.
“Person” means any natural or legal person, including bodies, agencies, entities and any legal person.
personally or on behalf of any person)(“you” or “your”) and ART X Collective Limited (“we,” “us” or “our”)
and they govern your access to and use of www.artxlagos.com, our products and services through any
platform/channel, device/application related, linked, or otherwise connected to artxlagos.com
(collectively, “Site”).
By accessing or using our Site, you agree that you have read, understood and agree to be bound by these Terms. Where you do not agree, you are not permitted to access or use our Site and you must discontinue use immediately.
We reserve the right, at our sole discretion, to amend, vary or modify these Terms at any time with or without any reason. In the event of any modifications to these Terms, we will inform you by updating the “Last Updated” date of the Terms. You hereby waive any right to receive specific notice of each such change and it is your responsibility to ensure you remain abreast of any updates. You will be deemed to have been made aware of and to have accepted the changes in the modified Terms by your continued use of the Site after the date on which such revised Terms are posted. If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use the Site and must discontinue use immediately. For avoidance of doubt, changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.
Our Site may also be updated frequently, and its form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Site (and/or the appearance, design, functionality, and all other aspects of any and all of our Site in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.
We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms and/or our Site, including any loss of business or the ability to use any product, service or Content. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Any ancillary terms that may be posted on our Site from time to time are hereby expressly incorporated herein. Please read these Terms carefully, and feel free to contact us should you require any information or clarification.
In these Terms, the following words and expressions shall have the following meanings:
“Content” means any and all information, source codes, databases, functionality, software, website designs, information, text, photographs, graphics, images, data, audio, video and other material provided on or through our Site or via email notifications. Content encompasses our Content and User Content.
“Exhibitor” means a Person whose products are exhibited and displayed on the Site.
“User” means any Person that accesses or uses our Site in any way (including Exhibitors where applicable)whether or not they make any purchases.
“User Content” means any and all Content that a User submits or otherwise provides on or through our Site.
“Person” means any natural or legal person, including bodies, agencies, entities and any legal person.
GENERAL TERMS
Kindly refer to our Data Protection and Privacy Policy(“Policy”) at http://www.artxlagos.com/privacy which forms part of these Terms. By accessing or using our Site and agreeing to these Terms and the Policy, you agree that your information may be collected, stored, shared, processed, and used in accordance with the Policy and these Terms.
Where you are required to provide any information relating to your use of the Site, you agree to provide only true and accurate information, and if necessary, to update all such information to keep it accurate and current.
Information provided on our Site is not intended for distribution to or use by any Person in any jurisdiction or country where such distribution or use would contravene any law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Consequently, those who choose to access the Site from jurisdictions other than Nigeria do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that such laws are applicable.
You may use our Site only if you have the legal capacity to enter into and execute a contract and this Site is intended for Users who are at least 18 years old. Users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Site.
Some Content may be considered inappropriate for children and minors and we do not censor our Content in this regard. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing the Site and any Content that you think is or may be inappropriate for them. If you are a teacher, you may display Content from our Site to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute such Content. Also, if any of your students access or use our Site, these Terms will apply to each of those students individually. However, please note that the permissions granted in this clause do not apply if your students are under the age of 18.
Additional eligibility requirements may apply and we will notify you of such additional requirements by
updating these Terms.
Where you are required to provide any information relating to your use of the Site, you agree to provide only true and accurate information, and if necessary, to update all such information to keep it accurate and current.
Information provided on our Site is not intended for distribution to or use by any Person in any jurisdiction or country where such distribution or use would contravene any law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Consequently, those who choose to access the Site from jurisdictions other than Nigeria do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that such laws are applicable.
You may use our Site only if you have the legal capacity to enter into and execute a contract and this Site is intended for Users who are at least 18 years old. Users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Site.
Some Content may be considered inappropriate for children and minors and we do not censor our Content in this regard. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing the Site and any Content that you think is or may be inappropriate for them. If you are a teacher, you may display Content from our Site to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute such Content. Also, if any of your students access or use our Site, these Terms will apply to each of those students individually. However, please note that the permissions granted in this clause do not apply if your students are under the age of 18.
Additional eligibility requirements may apply and we will notify you of such additional requirements by
updating these Terms.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and Content including all trademarks, service marks, product names, domain names, or other distinctive brand features, copyright, logos and other intellectual property on the Site (“Marks”) are our property or the property of third parties who have licensed the Content to us. All of this property is protected under intellectual property laws, unfair competition laws and international conventions. The Content and the Marks are provided on the Site for your information and for the purposes of this Site.
We own and retain, solely and exclusively, all rights, title, and interest in and to our Site, the look, feel, design and organization of our Site, all Content (unless otherwise indicated) and the compilation of all Content on our Site, including all trade secrets and proprietary rights therein. These Terms do not grant you any ownership over the foregoing, or any intellectual property rights or licence (except as expressly provided) in any Content, although you remain the owner of any intellectual property rights that you may have in your User Content.
Except as expressly provided in these Terms, no part of the Site, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission or (as applicable) the appropriate third party rights holder. Any commercial exploitation of any image or other Content without express prior written permission from us or (as applicable) the appropriate third party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited. You are only granted limited license to access and use the Site, and to download or print any portion of the Content to which you have properly gained access solely for your personal and non-commercial use.
You understand that our products are displayed or exhibited on behalf of Exhibitors who have represented to us that they have not infringed the intellectual property or other proprietary rights of any Person and have the legal title and/or authority to engage with prospective purchasers in respect of the products on the Site. We hereby DISCLAIM any such infringement which may arise or later be discovered. Such infringement is perpetrated by the relevant Exhibitor , who is the party to which any claims in respect of such infringement must be directed. You may however return any applicable product in accordance with our returns and refund policies.
USER CONTENT
/ USER GENERATED CONTRIBUTIONS
Users may be able to or required to submit, post, publish or otherwise provide User Content. Where this is the case, each User is solely responsible for all User Content that they provide on or through our Site. We therefore do not make any representations or warranties of any kind with respect to any User Content and/or any statements, ideas, advice or opinions communicated on, or in connection with our Site (whether online, offline, orally, in writing or otherwise) by any User and/or any third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any reliance on any other User’s Content and/or any such statements, ideas, advice or opinions is solely at your own risk. You further acknowledge that we have no obligation to review any User Content, and that by using our Site, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable. We will mark User Content for clarity however , it is for general informational use only and does not constitute the provision of an endorsement, representation or warranty of any kind by us.
Unless as otherwise indicated, we have no obligation to monitor or review User Content transmitted through or on our Site or to enforce or investigate potential violations of these Terms or agreements with Users or to otherwise administer, improve or operate our Site.
You acknowledge that by submitting, posting, publishing or otherwise providing any User Content on or through our Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, host, exhibit, store, process, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display your User Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our products and services, and to develop new products and services on our Site.
Further, our Site may invite you to chat, contribute to or participate in blogs, comment sections, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast Content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. Such User Content may be viewable by other Users of the Site and through third party websites.
You agree, represent and warrant that:
We will not be liable or responsible for any User Content or for any use of your User Content by us in accordance with these Terms. In any event, we reserve the right to remove or refuse to display any User Content on our Site, in whole or part, if we believe that such User Content may violate these Terms, any law or regulation or any third party rights, or for any other reason, without notice or liability, at any time and at our sole discretion.
We reserve the right to limit, terminate or suspend any User's access to or use of any or all of our Sites, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User's conduct may be exposing us or others to legal or financial liability or that such User is acting inconsistently with the letter or spirit of these Terms and other applicable agreements with us, and we will have no liability to such User for doing so. We reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by
applicable law.
Unless as otherwise indicated, we have no obligation to monitor or review User Content transmitted through or on our Site or to enforce or investigate potential violations of these Terms or agreements with Users or to otherwise administer, improve or operate our Site.
You acknowledge that by submitting, posting, publishing or otherwise providing any User Content on or through our Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, host, exhibit, store, process, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, and publicly display your User Content, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our products and services, and to develop new products and services on our Site.
Further, our Site may invite you to chat, contribute to or participate in blogs, comment sections, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast Content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. Such User Content may be viewable by other Users of the Site and through third party websites.
You agree, represent and warrant that:
- you have the legal capacity to agree to comply with these Terms and the terms of the provision of such User Content;
- you own or otherwise control all of the rights to your User Content or have the necessary authorizations to use/provide and to authorize us and other Users to use your User Content in any manner contemplated by the Site and these Terms;
- your User Content, use thereof and your use of the Site will not violate these Terms and will not violate any right of, or cause injury to, any Person (including us) and will not incorrectly suggest an affiliation with or endorsement by any Person (including us) or any event, product or service;
- your User Content, use thereof and your use of the Site will not violate any applicable law or regulation;
- your User Content will not otherwise violate or link to material that violates, any provision of these Terms, any applicable law or regulation or violate any right of, or cause injury to, any Person;
- all submitted information is true, accurate, current, complete, non-misleading, non-defamatory, non-malicious and does not harass, discriminate, incite or encourage hate or violence against or threaten any Person;
- you will maintain the accuracy of such information and promptly update such information as necessary;
- if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to block or suspend any and all current or future use of the Site (or any portion thereof).
- the display, creation, distribution, transmission or performance, and the accessing, downloading or copying of your User Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any Person;
- you have the written consent, release, and/or permission of each and every identifiable Person in your User Content to use the name, image or likeness of each and every such identifiable Person to enable inclusion and use of your User Content in any manner contemplated by the Site and these Terms; and
- your User Content is not obscene, lewd, lascivious, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us and by public policy).
OTHER RESTRICTIONS ON USER CONTENT AND USE OF SITE
You agree that you will not directly or indirectly: - use the Site for any illegal or unauthorized purpose or make any use of the Site which contravenes any applicable local, state, national, or international law or regulation, including but not limited to any tax, money laundering, anti-terrorism, consumer protection, data protection laws;
- access the Site through automated or non-human means, whether through a bot, script or otherwise;
- take any action in connection with our Site that infringes or violates the rights or intellectual property of any Person;
- use our Site to list, market, offer for sale, or sell products or services without our express prior written permission;
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content, access to the Site or any part thereof or features that enforce any limitations on the Site and/or the Content of the Site;
- engage in unauthorized framing of or linking to the Site;
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- impersonate or attempt to impersonate another User or Person or use the information of another User or otherwise trick, defraud, or mislead us and other Users, especially in an attempt to learn sensitive User information;
- make improper use of our support services or submit false reports of abuse or misconduct;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site through the use of the Site; and
- retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without prior written permission from us.
applicable law.
OUR SITE
On the Site, Users are granted access to browse the catalogue of products displayed and the Site includes features that enable Users to contact and communicate with us or Exhibitors in respect of the products displayed.
Unless expressly provided or agreed to in writing, we do not own the products displayed, listed, marketed, offered or sold on or in connection with our Site. All products are offered for sale and sold directly by the Exhibitor to the buyer, off the Site, and we are not a party to any sale. We do not transfer legal ownership or physical possession of property from the Exhibitor to the buyer.
We may facilitate communication between buyers/prospective buyers and Exhibitors in connection with products in the ordinary course of business, solely for convenience. We have no agency relationship and are not the agent of any buyer, prospective buyer, Exhibitor or any User for any purpose.
We make no representations or warranties that any buyer, prospective buyer or Exhibitor will complete any transaction or otherwise perform as promised.. Further, we do not endorse or make any representations or warranties of any kind, express or implied, with respect to:
- Exhibitor products on our Site or related information, whether as to accuracy, completeness, truthfulness, reliability or otherwise; or
- any product displayed, marketed, offered or sold offline by any Exhibitor, whether as to quality, size, condition, description, provenance, attribution, authenticity, legality, merchantability, fitness for a particular purpose, or otherwise.
We do not assume liability for any statement made by any Exhibitor on or off our Site. We reserve the right, at any time at our sole discretion, to refuse to list, de-list, delay or suspend listing of any product on our Site. We will not be liable to any User for doing so.
ORDER INSTRUCTIONS AND PAYMENTS
The prices of the products will be displayed on the Site exclusive of sales tax, which will be added by the Exhibitor at the appropriate time as required by law. Prices are subject to change at any time, and without requirement of prior notification to buyers.
As our Site will be accessed by Persons in Nigeria and in other jurisdictions, prices may also be quoted in foreign currency for the convenience of our Users. Nigerian Exhibitors must ensure that their acceptance of payments is in accordance with the applicable laws in Nigeria For the avoidance of doubt, all payment obligations must be conducted between the Exhibitor and buyer. We do not accept or receive payment on our Site and are not a party to the transaction between the Exhibitor and the buyer.
ORDER CANCELLATION
The terms for order cancellations shall be agreed between Exhibitors and buyers, except as they relate to the content of this section.
Exhibitors must inform us of any order cancellations within […] so that the Site can be updated to reflect the availability of the product in respect of which the cancellation was made. Following a cancellation the product will be made available and open to other buyers. For clarity, all cancellation instructions are to be communicated
to the Exhibitor.
RETURNS AND REFUNDS
The terms for returns and refunds shall be agreed between Exhibitors and buyers, except as they relate to the content of this section.
Exhibitors must inform us of any return and refund requests within […] so that the Site can be updated to reflect the availability of the product in respect of which the request was made. Exhibitors must Buyers are encouraged to inspect product(s) as soon as possible after receipt.
All returns and refunds are to be made directly between buyers and Exhibitors.
Exhibitors must inform us of any return and refund requests within […] so that the Site can be updated to reflect the availability of the product in respect of which the request was made. Exhibitors must Buyers are encouraged to inspect product(s) as soon as possible after receipt.
All returns and refunds are to be made directly between buyers and Exhibitors.
THIRD-PARTY WEBSITES AND CONTENT
Our Site may include links that enable access to other websites, products and/or services as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such links to Third Party Content are for convenience only and do not constitute or imply an endorsement or warranty or assumption of liability by us with respect to any such links or the Third -Party Content. You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or any Third -Party Content to which we may provide a link, and we assume no liability for the information or security measures (or lack thereof) contained therein.
Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party Content accessed through, posted on, available through or installed from the Site, including in respect of the accuracy, offensiveness, opinions, reliability, privacy practices, security or other policies of or contained in the Third Party Content.
Any activity you engage in or purchases you make through Third Party Content will be through other websites and from other Persons, and we take no responsibility whatsoever in relation to such activity or purchases which are exclusively between you and the applicable third -party Person. You acknowledge and agree that you are solely responsible for and assume all risk arising out of any use of or reliance on any Third -Party Content.
Our Site may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to Google's terms of use and privacy policy as amended by Google from time to time.
Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party Content accessed through, posted on, available through or installed from the Site, including in respect of the accuracy, offensiveness, opinions, reliability, privacy practices, security or other policies of or contained in the Third Party Content.
Any activity you engage in or purchases you make through Third Party Content will be through other websites and from other Persons, and we take no responsibility whatsoever in relation to such activity or purchases which are exclusively between you and the applicable third -party Person. You acknowledge and agree that you are solely responsible for and assume all risk arising out of any use of or reliance on any Third -Party Content.
Our Site may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to Google's terms of use and privacy policy as amended by Google from time to time.
SOCIAL MEDIA
AND THIRD-PARTY ACCOUNTS
You may be able to link your activity on our Site with online accounts which you have with third party service providers (“Third Party Account”) including by creating links to our Site from those Third Party Accounts (through login details, embedded links or otherwise) or by allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent and warrant that you are entitled to do the foregoing or any acts analogous to the foregoing , without breach of any of the terms and conditions that govern your use of the applicable Third Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third party service provider of the Third Party Account.
For more information on how we would use the access which you may grant us to your Third -Party Accounts, please see our Data Protection and Privacy Policy.
You represent and warrant that you are entitled to do the foregoing or any acts analogous to the foregoing , without breach of any of the terms and conditions that govern your use of the applicable Third Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third party service provider of the Third Party Account.
For more information on how we would use the access which you may grant us to your Third -Party Accounts, please see our Data Protection and Privacy Policy.
DISCLAMIER
You acknowledge and agree that your access to and use of the site will be at your sole risk. You further acknowledge and agree that the products and our services are provided to you on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no representations or warranties of any kind, as to the products and services provided on our site or any content, including any express or implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any warranties arising out of the course of dealing or usage of trade, all of which we and our officers, owners, directors, consultants, agentsand employees (collectively, the “ART X Parties”) expressly disclaim to the fullest extent permitted by applicable law.
We make no warranties or representations that the products, our services, the site or any content will meet your requirements or be available, accessible, uninterrupted, timely, accurate, reliable, complete and we make no such warranties or representations in respect of the accuracy or completeness of the content of any websites linked to this site or endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising on this site.
We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
We will assume no liability or responsibility for:
We make no warranties or representations that the products, our services, the site or any content will meet your requirements or be available, accessible, uninterrupted, timely, accurate, reliable, complete and we make no such warranties or representations in respect of the accuracy or completeness of the content of any websites linked to this site or endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising on this site.
We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
We will assume no liability or responsibility for:
- Any errors, mistakes, or inaccuracies of content and materials;
- Any personal injury or property damageof any nature whatsoever, resulting from your access to and use of the site;
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party;
- Any interruption or cessation of transmission to or from the site; and/or
- Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
LIMITATION OF LIABILITY
To the fullest extent prescribed by law, under no circumstances will any of the ART X Parties be liable to you or any third party for any indirect, incidental, exemplary, punitive, special, or consequential damages, any personal or bodily injury or emotional distress, or any loss of profits, revenue, business, data, use, goodwill or other intangible losses, arising out of or in connection with the use of our site, these terms or other agreements herein incorporated
by reference.
In any event, under no circumstances will our total liability to you or any third party arising out of or in connection with these terms or our services on the site exceed the greater of […] or the total amount you paid […] (if any) in respect of any purchases of products displayed on the site in the 6 months before the event giving rise to such liability.
The exclusions and limitations of liability provided above apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not any of the ART X Parties have been advised of or should have known of the possibility of such damage or loss, and even if a remedy set forth in these terms is found to have failed in its essential purpose. Applicable law may not permit the exclusion or limitation of liability for consequential or incidental damages, so some of the exclusions and limitations provided above may not apply to you, in which case the liability of the ART X Parties will be limited to the fullest extent permitted by
applicable law.
by reference.
In any event, under no circumstances will our total liability to you or any third party arising out of or in connection with these terms or our services on the site exceed the greater of […] or the total amount you paid […] (if any) in respect of any purchases of products displayed on the site in the 6 months before the event giving rise to such liability.
The exclusions and limitations of liability provided above apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not any of the ART X Parties have been advised of or should have known of the possibility of such damage or loss, and even if a remedy set forth in these terms is found to have failed in its essential purpose. Applicable law may not permit the exclusion or limitation of liability for consequential or incidental damages, so some of the exclusions and limitations provided above may not apply to you, in which case the liability of the ART X Parties will be limited to the fullest extent permitted by
applicable law.
GENERAL RELEASE
To the fullest extent permitted by applicable law, you release the ART X Parties from claims, demands, suits, damages (actual and consequential), losses, liabilities, and expenses (including the professional fees of any advisors or agents) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in connection with any disputes between you and one or more other users or other third parties resulting directly or indirectly from your use of our site, any user content or conduct, performance or non-performance (whether online or offline) of any other user or other third party in any way connected with our site, including any defamatory, misleading, offensive or unlawful conduct or user content and/or any unauthorized access to or use of our site or your user content and/or information. You expressly waive any benefits or protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of entering into this release.
INDEMNIFICATION
All Users agree to indemnify, defend, and hold us and all ART X Parties harmless, at their own cost, from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable professional fees of any necessary advisors or agents) arising out of or related to: (i) a breach of any of these Terms and other applicable agreements with us (including any term, policy or condition incorporated into these Terms by reference) (ii) User Content (iii) any misrepresentation made by such User or (iv) a violation of any law or the rights of any third party, including any intellectual property, privacy and publicity rights.
Notwithstanding the foregoing, we reserve the right, at Users’ own cost, to assume the exclusive defense and control of any matter for which such User is required to indemnify us, and each User agrees to cooperate, at its own cost, with our defense of such claims. We will use reasonable efforts to notify a User of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
Notwithstanding the foregoing, we reserve the right, at Users’ own cost, to assume the exclusive defense and control of any matter for which such User is required to indemnify us, and each User agrees to cooperate, at its own cost, with our defense of such claims. We will use reasonable efforts to notify a User of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
INTERNATIONAL USE
Our services, the Site and all related activity are based in Nigeria and on Nigerian law and we do not represent or warrant that our services, the Site or such related activity will be appropriate or available for use outside Nigeria.
If you are located outside Nigeria, you agree to ensure that your access to and use of our Site complies with all applicable laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software. Kindly refer to the Policy, regarding the transfer of data from Nigeria.
If you are located outside Nigeria, you agree to ensure that your access to and use of our Site complies with all applicable laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software. Kindly refer to the Policy, regarding the transfer of data from Nigeria.
CORRECTIONS/RECTIFICATIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change and/or update the Content and any information on the Site at any time, without prior notice.
SITE MANAGEMENT
We reserve the right, but have not obligation to:
- monitor the Site for violations of these Terms;
- take appropriate legal action against anyone who, in our judgement, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities;
- refuse, restrict access to, limit the availability of or disable (to the extent technologically feasible) any of your User Content or any portion thereof, at our sole discretion and without limitation, notice or liability;
- remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, at our sole discretion and without limitation, notice or liability;
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
ELECTRONIC COMMUNICATIONS
By using our Site and agreeing to the Policy, you consent to the receipt of communication from us and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records by any means other than electronic means. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. Should you decide to withdraw your consent to receive emails, please use the “unsubscribe” button in our emails or contact us at […].
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records by any means other than electronic means. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. Should you decide to withdraw your consent to receive emails, please use the “unsubscribe” button in our emails or contact us at […].
TERMINATION
Every provision of these Terms shall remain in full force and effect while you use the Site however you may stop using our Site at any time, subject to any other agreements between you and us. Regardless of any other statement in these Terms and without limiting any other provision of these Terms, WE RESERVE THE RIGHT , AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR BREACH OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING OR NOTICE AND AT OUR SOLE DISCRETION.
After any termination of these Terms and/or any termination of your access to or use of our Site, the following will survive and remain in full force and effect (i) all outstanding obligations you may have to us under these Terms or otherwise (ii) all remedies for breach of these Terms, (iii) the following sections of these Terms (User Content),(Our Site), (Third-Party Websites and Content), (Disclaimer), (General Release), (Limitation of Liability), (Indemnification), (Governing Law and Dispute Resolution), (International Use), (Changes To Our Site/Modifications And Interruptions), (Termination), (Feedback), (Miscellaneous) and any other section or provision intended to survive such termination.
After any termination of these Terms and/or any termination of your access to or use of our Site, the following will survive and remain in full force and effect (i) all outstanding obligations you may have to us under these Terms or otherwise (ii) all remedies for breach of these Terms, (iii) the following sections of these Terms (User Content),(Our Site), (Third-Party Websites and Content), (Disclaimer), (General Release), (Limitation of Liability), (Indemnification), (Governing Law and Dispute Resolution), (International Use), (Changes To Our Site/Modifications And Interruptions), (Termination), (Feedback), (Miscellaneous) and any other section or provision intended to survive such termination.
FEEDBACK
We want to provide an enjoyable, user friendly and useful service to our Users and as such we invite constructive feedback, suggestions or other information (“Feedback”) about our Site, the services we provide and your experience. Please note that this Feedback is provided on a non-confidential basis and shall become our property. In addition, you agree that we shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way. You hereby waive all moral and other rights to any such Feedback and you hereby represent and warrant that any such Feedback is original or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
MISCELLANEOUS
These Terms and any policies posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to any Person at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any circumstances beyond our reasonable control.
Notwithstanding that any part or any provisions of these Terms may be proven to be illegal or unenforceable, the other provisions of the Terms and the remainder of the provision in question will remain in full force and effect.
Nothing in these Terms shall be deemed to constitute a partnership, employment, agency relationship or joint venture between us and any User or constitute us as the agent of any User and vice versa for any purpose or entitle us to bind or commit any User to any debt, obligation or in any manner whatsoever, and vice versa.
You agree that the interpretation of the provisions of these Terms or any other agreement between us and any User will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of physical signing and agree that your use of the Site in any manner, constitutes your full acceptance of these Terms.
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to any Person at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any circumstances beyond our reasonable control.
Notwithstanding that any part or any provisions of these Terms may be proven to be illegal or unenforceable, the other provisions of the Terms and the remainder of the provision in question will remain in full force and effect.
Nothing in these Terms shall be deemed to constitute a partnership, employment, agency relationship or joint venture between us and any User or constitute us as the agent of any User and vice versa for any purpose or entitle us to bind or commit any User to any debt, obligation or in any manner whatsoever, and vice versa.
You agree that the interpretation of the provisions of these Terms or any other agreement between us and any User will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of physical signing and agree that your use of the Site in any manner, constitutes your full acceptance of these Terms.
COMPLAINTS
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us with the details provided within the Site.
GOVERNING LAW
AND DISPUTE RESOLUTION
These Terms and your use of our Site are governed and construed in all respects in accordance with the laws of the Federal Republic of Nigeria and any amendments, re-enactment of those laws, without regard to conflict of law principles.
In this section of these Terms, we and our Users are collectively the “Parties” and individually a “Party”. In the event of any dispute, difference or claim arising out of or in connection to these Terms and/or use of the Site, the Parties shall first, using their best endeavors and the utmost good faith, attempt to resolve such dispute, difference or claim amicably and privately amongst themselves within thirty (30) days or such extension as may be agreed between the Parties.
Where such dispute, difference or claim remains unresolved after the prescribed time, such dispute shall be referred to and finally determined by arbitration in accordance with the Rules of the International Chamber of Commerce.
The Arbitral Tribunal shall consist of 3 arbitrators (each Party to appoint 1 arbitrator and the 2 arbitrators so appointed to appoint the 3rdarbitrator who shall preside over the arbitral proceedings. Where either Party fails to appoint an arbitrator or the arbitrators fail to appoint the presiding arbitrator within 30 days after a request for a reference to arbitration is made by either Party, either Party may apply to the President, for the time being of the International Court of Arbitration for such appointment.
The seat of the arbitration shall be Lagos and the language of the proceedings shall be English. The decision of the arbitrators shall be final and binding on the Parties and all and any awards of the arbitrators shall be made in writing. The final award shall be made no more than four (4) months from the appointment of the tribunal but, insofar as this is impracticable, it shall be made as soon as possible after this prescribed period.
The Parties agree that any arbitration shall be limited to disputes, differences or claims between us and each User individually. To the full extent permitted by law, no arbitration or any other proceeding shall be joined with any other proceeding and that they waive any right or authority for any dispute, difference or claim to be arbitrated on a class-action basis or to utilize class action procedures. The Parties also agree that there is no right or authority for any dispute, difference or claim to be brought in a purported representative capacity on behalf of the general public or any other persons.
The inclusion of these arbitration provisions shall not be deemed or construed to prevent any Party from seeking urgent relief from competent courts in deserving circumstances.
In this section of these Terms, we and our Users are collectively the “Parties” and individually a “Party”. In the event of any dispute, difference or claim arising out of or in connection to these Terms and/or use of the Site, the Parties shall first, using their best endeavors and the utmost good faith, attempt to resolve such dispute, difference or claim amicably and privately amongst themselves within thirty (30) days or such extension as may be agreed between the Parties.
Where such dispute, difference or claim remains unresolved after the prescribed time, such dispute shall be referred to and finally determined by arbitration in accordance with the Rules of the International Chamber of Commerce.
The Arbitral Tribunal shall consist of 3 arbitrators (each Party to appoint 1 arbitrator and the 2 arbitrators so appointed to appoint the 3rdarbitrator who shall preside over the arbitral proceedings. Where either Party fails to appoint an arbitrator or the arbitrators fail to appoint the presiding arbitrator within 30 days after a request for a reference to arbitration is made by either Party, either Party may apply to the President, for the time being of the International Court of Arbitration for such appointment.
The seat of the arbitration shall be Lagos and the language of the proceedings shall be English. The decision of the arbitrators shall be final and binding on the Parties and all and any awards of the arbitrators shall be made in writing. The final award shall be made no more than four (4) months from the appointment of the tribunal but, insofar as this is impracticable, it shall be made as soon as possible after this prescribed period.
The Parties agree that any arbitration shall be limited to disputes, differences or claims between us and each User individually. To the full extent permitted by law, no arbitration or any other proceeding shall be joined with any other proceeding and that they waive any right or authority for any dispute, difference or claim to be arbitrated on a class-action basis or to utilize class action procedures. The Parties also agree that there is no right or authority for any dispute, difference or claim to be brought in a purported representative capacity on behalf of the general public or any other persons.
The inclusion of these arbitration provisions shall not be deemed or construed to prevent any Party from seeking urgent relief from competent courts in deserving circumstances.
dATA PROTECTION
AND PRIVACY POLICY
1.1
Our Data Protection and Privacy Policy (“Policy”) reflects our commitment to treating and safeguarding personal data provided by our Users, employees, stakeholders and other third parties, with utmost care and confidentiality. Our Policy is issued in compliance with the provisions of the Nigeria Data Protection Regulation 2019 (“Regulation”) of the National Information Technology Development Agency (“Agency”) (as may be amended or re-enacted).
1.2
The Policy is designed to provide you with information on how your personal data will be treated by Art X Collective Limited (“us”, “we” or “our”).
1.3
The definitions contained in our Terms of Use and in the Regulation apply to this Policy.
1.4
Our Policy ensures that we gather, store and handle personal data fairly, transparently, confidentially and with respect towards individual rights. By agreeing to this Policy, you agree to the processing of your personal data in accordance with its provisions.
1.5
Kindly be informed that our Policy is subject to change at any time without notice. Please review it regularly to stay abreast of any changes.
2.0 SCOPE
2.1
This Policy applies to all activity on our Site in which the provision and processing of Personal Data is required and to use of our social media platforms. However, information that is classified as public is not subject to this policy.
3.0 CONSENT AND USE OF DATA
3.1
Consent within the meaning of this Policy is your agreement to provide Personal Data when requested or when you freely provide information in accordance with this Policy. Your consent will always be sought for the collection, processing, use or storage of data for any purpose. You will also be made aware of the purpose for which your personal data is collected, and your data will only be applied towards that purpose.
3.2
At any time when your consent is requested, you will also have the option of objecting to the processing of your Personal Data by not providing the requested details or action, as the provision of your Personal Data is absolutely voluntary. Please note however that where you object to the provision of relevant Personal Data, we may be unable to proceed with the provision of our services to you.
3.3
Where you wish to provide the Personal Data of third parties, you are required to ensure that the consent of such third parties is sought and obtained prior to provision to us. By providing the Personal Data of third parties, this consent will be deemed to have been sought and obtained.
3.4
For the avoidance of doubt, we will only collect and/or process your Personal Data where:
Please note that you have a right to withdraw your consent at any time. More information on the withdrawal of your consent is contained in Clause 9.0 (“Your Rights”) below.
- you give us your consent to process your data for one or more purposes;
- it is necessary for the performance of an order instruction;
- it is required for compliance with a legal obligation to which we are subject;
- it is necessary to protect the vital interests of the data subject or of another Person; or
- it is necessary for the performance of a task carried out in the public interest or in the exercise of official public mandate vested in us.
Please note that you have a right to withdraw your consent at any time. More information on the withdrawal of your consent is contained in Clause 9.0 (“Your Rights”) below.
3.5
Notwithstanding anything provided in this Policy and subject to applicable law, we reserve the right to use, access, preserve and disclose information if we believe it is reasonably necessary to respond to claims against us or comply with any law, regulation, legal process or governmental request, to enforce or administer the Terms of Use of our Site or our other policies or agreements with Users, to conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues and to protect or enforce our rights, property or safety and those of others.
4.0 COLLECTION OF PERSONAL DATA
4.1
Please note that when you visit our Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. As you browse the Site, we also collect information about individual web pages or products that you view, the websites or search terms that referred you to our Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information”.
4.2
We collect Device Information using the following technologies:
COOKIES
Cookies are small text files containing small packets of data which are stored by a computer when you visit a website. Cookies are automatically created when you visit a website to keep track of your movement within the website. We make use of different types of cookies including.
These may be used for our Site to function properly (“Essential Cookies”), to help us to analyze the traffic on our Site and how it is used by our Users (“Performance Cookies”) and to distinguish you from other Users so that we can understand and provide for the needs of individual Users, and our Users collectively, more efficiently (“Functionality Cookies”).
You have the right to restrict, block or delete cookies sent by our Site or any third-party websites, this can be done in the settings of your browser.
LOG FILES
These are files that list actions that have occurred on a website. In other words, they track actions occurring on our Site, and collect data including IP address, browser type, referring/exit pages and date/time stamps.
COOKIES
Cookies are small text files containing small packets of data which are stored by a computer when you visit a website. Cookies are automatically created when you visit a website to keep track of your movement within the website. We make use of different types of cookies including.
- Session Cookies: these cookies are temporary and disappear as soon as your browser closes.
- Persistent Cookies: these cookies remain after your browser is closed and may be used for subsequent visits to the Site.
- Pre-Cookies: these are set by the websites you visit.
These may be used for our Site to function properly (“Essential Cookies”), to help us to analyze the traffic on our Site and how it is used by our Users (“Performance Cookies”) and to distinguish you from other Users so that we can understand and provide for the needs of individual Users, and our Users collectively, more efficiently (“Functionality Cookies”).
You have the right to restrict, block or delete cookies sent by our Site or any third-party websites, this can be done in the settings of your browser.
LOG FILES
These are files that list actions that have occurred on a website. In other words, they track actions occurring on our Site, and collect data including IP address, browser type, referring/exit pages and date/time stamps.
4.3
When you make a purchase or attempt to make a purchase through our Site, we collect certain information from you including your name, email address, billing address, gender, telephone or mobile number, shipping address, payment information including credit card/debit card numbers […] and any other personal information that may be necessarily required for the purpose of providing our services. We refer to this as our “Order Information”.
4.4
In order to serve you better, we also collect information from you when you fill forms on our Site, when you register for an account, enter a competition, promotion or survey, when you correspond with us by email or otherwise and when you report a problem with our Site. This we refer to as “Site Visit Information”.
4.5
"Personal Data" in this Policy refers to Device Information, Order Information and Site Visit Information.
5.0 OUR PURPOSES FOR COLLECTION OF PERSONAL DATA
5.1
We will use your Personal Data to:
Any further processing of your Personal Data will only be for archiving or statistical purposes. In these or any other instances where we intend to further process your Personal Data for a purpose other than those specified above, we will provide you, prior to such further processing, with information on that other purpose and request your consent by updating this Policy and obtaining your consent again.
You can always update or amend the Personal Data provided to us through our self-service portal if subscribed thereto. Other means of updating your Personal Data include written requests through e-mail or letters or verbal requests over the phone.
- execute your orders placed on the Site including processing your payment information, arranging for shipping and providing you with invoices and/or order confirmations (this includes the provision of your Personal Data to our merchant Users for the execution of your orders where applicable);
- identify and investigate illegal activity such as fraud;
- screen orders for potential risk or fraud;
- provide you with information relating to our products or services;
- improve and optimize our Site;
- share with third parties/affiliates, both as necessary to fulfill your orders and for marketing purposes, insofar as this does not conflict with the requirements for the protection of your Personal Data;
- update or confirm existing records;
- respond to your enquiries;
- better understand our Users’ access and use our Site and for other research and analytical purposes;
- process your job application if you apply for a job with us;
- comply with legal authority or other lawful requests by regulators; and
- to fulfil our general business operation needs including accounting, recordkeeping and other administrative functions.
Any further processing of your Personal Data will only be for archiving or statistical purposes. In these or any other instances where we intend to further process your Personal Data for a purpose other than those specified above, we will provide you, prior to such further processing, with information on that other purpose and request your consent by updating this Policy and obtaining your consent again.
You can always update or amend the Personal Data provided to us through our self-service portal if subscribed thereto. Other means of updating your Personal Data include written requests through e-mail or letters or verbal requests over the phone.
6.0 DATA RETENTION
6.1
We will only retain your Personal Data for a period for which is reasonably necessary for the provision of our services to you and to fulfil the reasons for which it was collected. Further, we will delete Personal Data where:
- it is no longer necessary in relation to the purposes for which it was collected or processed;
- you withdraw your consent to the processing of your Personal Data;
- you object to the processing of your Personal Data and there are no overriding legitimate grounds for the processing;
- your personal data is found to have been processed at variance with the provisions of the law; or
- compliance with a legal obligation requiring the erasure of Personal Data.
7.0 SOCIAL MEDIA, THIRD PARTIES AND THIRD PARTY ACCOUNTS
7.1
In view of the nature of our business and in order to fulfil our commercial, regulatory and contractual objectives, we may share your Personal Data with third parties including exhibitors, agents, affiliates, courier service providers, […]. Their use of your Personal Data will always be controlled, to the extent that they are only allowed to use the data strictly for the purpose we have stated, and you will never be contacted by them unless your consent has been secured in advance.
7.2
Where necessary, applicable Personal Data may be shared with foreign exhibitors, courier service providers, […] in accordance with the parameters set forth in the Regulation, subject to the existence of one of the following (“Data Transfer”):
- you have explicitly consented to the Data Transfer;
- the Data Transfer is necessary for the completion of an order instruction
- the Data Transfer is necessary for important reasons of public interest, the establishment, exercise or defence of legal claims or to protect your vital interests or those of other persons or where you are physically or legally incapable of giving consent.
7.3
By granting us access to any Third Party Accounts, you understand that we may access, use, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (“Social Network Content”) so that it is available on and through the Site via your account (including without limitation any friend lists) and we may submit to and receive from your Third Party Account additional information provided by you.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have applied in such Third Party Accounts, Personal Data that you post to your Third Party Accounts and other Social Network Content may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We are not responsible for any of your Social Network Content for any reason. You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your devices, solely however, for the purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account through our self-service portal if subscribed thereto, by written requests through e-mail or letters or verbal requests over the phone. We will make every effort to delete any information stored on our servers that was obtained through such Third Party Account.
8.0 DATA SECURITY AND PROTECTION
9.0 YOUR RIGHTS
10.0 PROMOTIONAL MESSAGES
11.0 ENQUIRIES
12.0 DISCLAIMER
8.1
We take and will endeavour to continue to take all reasonable steps in order to protect our information and all Personal Data. To prevent unauthorized access and maintain security against foreseeable hazards, we have in place physical, electronic and managerial procedures to protect, secure and safeguard our Users’ Personal Data and ensure accuracy of our records.
- We use secure socket layer (SSL) protocol technology for the collection and any permitted transfers of your data. However, we cannot guarantee the security of any Personal Data disclosed to us or collected by us to the extent that we have no control over the public or third-party network through which Personal Data may be sent to our Site.
- We have in place a Data Protection Officer who deals with security of information and Personal Data as well as with compliance with the Regulation. Our Data Protection Officer is […] who can be contacted by e-mail at […] and the knowledge and skills of our Data Protection Officer are continuously updated.
- Our staff are trained on the importance of data security and practical aspects of the Regulation, confidentiality and our security system. We have procedures in place in relation to our obligations under the Regulation. Accordingly, staff are aware of the information security issues and can go to the Data Protection Officer with any issues relating to or arising from the Regulation, Privacy or Personal Data.
- We monitor and log access to assist in the detection and investigation of security breaches and any attempted breaches where they occur and have in place relevant controls which alert us to breaches in our security. We endeavor to investigate every breach of security and take relevant measures as required by law.
- We maintain a business continuity plan which identifies our business functions and assets (including Personal Data), as a contingency to protect against the event of any disaster. The plan sets out the procedures for protecting and restoring Personal Data if necessary.
9.0 YOUR RIGHTS
9.1
Right to Withdraw Consent
You have a right, at any time, to withdraw your consent to the processing of your Personal Data. Withdrawing consent is as straightforward as giving consent and you can do so via our Site, where you are subscribed or have an account, or by written requests through email or letters or by verbal requests over the phone. Please note that where applicable, this may mean that we will be unable to proceed with order instructions.
The withdrawal of your consent cannot be back-dated and thus will have no effect on processing already performed during the period of consent.
You have a right, at any time, to withdraw your consent to the processing of your Personal Data. Withdrawing consent is as straightforward as giving consent and you can do so via our Site, where you are subscribed or have an account, or by written requests through email or letters or by verbal requests over the phone. Please note that where applicable, this may mean that we will be unable to proceed with order instructions.
The withdrawal of your consent cannot be back-dated and thus will have no effect on processing already performed during the period of consent.
9.2
Right to Access, Change, Deletion, Restriction, Objection, Copies
You have the right to:
You have the right to:
- access your Personal Data;
- receive copies of Personal Data (subject to a possible fee in the case of excessive requests);
- object to processing of your Personal Data;
- restrict the processing of your Personal Data;
- rectify or update inaccurate Personal Data;
- request the porting of your Personal Data; and
- request the deletion of your Personal Data.
9.3
The Right to Complain to the Regulator and Seek Redress
In the event you feel that your Personal Data has been misapplied or misused in any way, please contact us within 90 days of the issue and we will endeavour to resolve the issue within 30 days of acknowledging receipt of the complaint.
In the event you feel that your Personal Data has been misapplied or misused in any way, please contact us within 90 days of the issue and we will endeavour to resolve the issue within 30 days of acknowledging receipt of the complaint.
10.0 PROMOTIONAL MESSAGES
10.1
Right to Withdraw Consent
We may sometimes contact you with products, services or events that we think may be of interest to you. If you do not wish to receive such messages from us, you can opt out at any time through our self-service portal if subscribed thereto, by written requests through e-mail or letters or verbal requests over the phone.
We may sometimes contact you with products, services or events that we think may be of interest to you. If you do not wish to receive such messages from us, you can opt out at any time through our self-service portal if subscribed thereto, by written requests through e-mail or letters or verbal requests over the phone.
11.0 ENQUIRIES
11.1
For any enquiries in respect of this Policy please contact us or our Data Protection Officer using the contact details provided on our Site and in this Policy.
12.0 DISCLAIMER
12.1
This Policy only covers our operations on the Site, on our social media platforms and any other marketing or sales channels. Any third-parties to which we may provide links may have in place their own privacy and data protection policies, which may differ from ours. We accept no responsibility or liability in respect of Personal Data provided to any third-party platforms.