- Changes to these terms
2.1. We amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time. We will always state at the top of the terms the date on which the terms were last amended or updated.
- How we operate the Website
3.1. We may update and change the Website from time to time to reflect changes to our products or services, our users’ needs and our business priorities and for any other reason. We reserve the right to do so without any notice to you. The Website is made available free of charge.
3.2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- Use of the Website
4.1. You agree to only use the Website and any content on the Website for lawful purposes and in such a way that does not prevent, restrict or otherwise prejudice the use of the Website by anyone else.
4.2. Prohibited use of the Website or any content on the Website includes:
4.2.1. distributing any type of virus, spyware, malware or other programs or files designed to cause harm, nuisance, disruption, loss and/corruption of data;
4.2.2. hacking or attempt to hack any part of the Website or any system run through the Website;
4.2.3. transmitting any material which is or may be considered to be defamatory, obscene, racist, indecent or offensive;
4.2.4. attempting to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
4.2.5. transmitting any material which harms or causes distress or may harm or cause distress;
4.2.6. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
4.2.7. creating a database that includes material downloaded or obtained from the Website without written permission from the Gallery;
4.2.8. using the Website in any way damages or may damage the reputation of the Gallery or which brings or may bring the Gallery and its employees or affiliates into disrepute;
4.2.9. using the Website in a way that that breaches any applicable local, national or international law or regulation;
4.2.10. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
4.2.11. for the purpose of harming or attempting to harm minors in any way;
4.2.12. to bully, insult, intimidate or humiliate any person; or
4.2.13. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
4.3. You also agree:
4.3.2. Not to access without authority, interfere with, damage or disrupt any part of the Website;
4.3.3. Not to access without authority, interfere with, damage or disrupt any equipment or network on which the Website is stored;
4.3.4. Not to access without authority, interfere with, damage or disrupt any software used in the provision of the Website; or
4.3.5. Not to access without authority, interfere with, damage or disrupt any equipment or network or software owned or used by any third party.
4.4. By breaching provisions in this Clause 4, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
5. Transfer of the Website
5.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. The Website is directed to people residing in England & Wales. We do not represent that content available on or through the Website is appropriate for use or available in other locations.
6. Intellectual Property
6.1. All copyright, trademarks, design rights, patents and other intellectual property rights contained in the Website and all content available on the Website shall remain the property of Quantus Gallery Ltd or its licensors. All such rights are reserved.
6.2. Except as set out in these terms or as expressly permitted under copyright law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit make available to the public or otherwise use any part of the Website (including any content on the Website) without our express written permission. If such permission is granted:
6.2.1. You must identify the source of the content;
6.2.2. You must acknowledge the copyright status;
6.2.3. You must not modify any materials you have printed off or downloaded in any way;
6.2.4. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
6.2.5. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged;
6.2.6. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors;
7. Information you find on the Website
7.1. Do not rely on information provided on the Website. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.
7.2. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
8. Third Party links
8.1. We are not responsible for websites we link to. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
9. Linking to the Website
9.1. You may link to the Website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on the Website other than that set out above, please contact us.
10. Our Responsibility for loss of damage suffered by you
10.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Business.
10.2. While we make every effort to ensure the accuracy of the content on the Website, we accept no responsibility for any errors, omissions, or inaccurate content on the Website and we reserve the right to make changes to the content on the Website from time to time.
10.3. Quantus Gallery Ltd content, including the information, names, images, logos relating to the Quantus Gallery Ltd, its products and services is provided “as is”. To the extent permitted by law, we exclude all representations and warranties (express or implied) including the implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security, and accuracy.
10.4. Subject to the foregoing, we shall not be liable for any of the following losses or damages (whether in contract, tort (including negligence), breach of statutory duty or otherwise, whether they were foreseen, foreseeable, known or otherwise):
10.4.1. use of, or inability to use, the Website;
10.4.2. use of or reliance on any content displayed on the Website;
10.4.3. business interruption;
10.4.4. loss of anticipated savings;
10.4.5. loss of data, business, opportunity, goodwill or injury to reputation, profit, sale, business or revenue and any special, incidental, consequential, punitive, exemplary losses, damages, or costs arising from your use of the Website or any content on the Website, or any services provided through the Website.
11. Your personal information
12.1. We are not responsible for viruses and you must not introduce them. We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
13.2. If you are using the Website from outside England and Wales, we are not subject to local laws applicable in your country and the Website may not be compliant with those local laws. It is your responsibility to ensure that your use of this Website does not breach any local laws.
13.3. If any part of these terms is found to be illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, the term(s) in question will be severed, but the remaining terms will survive and continue in force.
13.4. The delay or failure of the Quantus Gallery Ltd to enforce or exercise any right in these terms does not constitute a waiver of such rights.