USER TERMS & CONDITIONS
1.1 The Artcube website (artcube.co) and/or mobile application (Platform) is made available on a limited basis only and all access and use remains entirely at your own risk.
1.2 The Platform is owned and operated by Artcube Limited (Company No. 08856943) of Martlet House E1, Yeoman Gate, Yeoman Way, Worthing, West Sussex, BN13 3QZ, United Kingdom (Artcube). Artcube grants you a non-exclusive, limited and revocable licence to use and access the Platform subject to these terms and conditions (Terms). In these Terms, “us”, “we” and “our” refer to Artcube and references to “you” and “your” is to you, the user of the Platform.
1.3 By using the Platform you agree to be bound by these Terms. You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.
1.4 We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. If you do not agree with these Terms or we give notice of termination, you must immediately cease using the Platform.
1.5 Users must sign up to Artcube to create a profile and be eligible to use the Platform.
2.1 The Platform may be subject to frequent and possibly substantial changes as we look to make improvements to the Platform or related services and features. We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform without notice and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.
2.2 You acknowledge that we are not required to keep the Platform or any particular features available for your use. We make no guarantees, implied or express, as to any ongoing availability of the Platform.
3 TERMS & DISCLAIMER
3.1 We would appreciate your feedback on the Platform. Please notify us of all bugs, glitches, lack of functionality or other problems on the Platform and share your ideas for enhancements that come to your.
3.2 You agree that that all feedback, information or testimonials that you provide may be used in any marketing materials for the promotion of the Platform.
3.3 We encourage you to publicly talk and write about the Platform. When doing so, please take into account that the Platform is subject to change. We kindly ask you to refrain from publishing full reviews, public tests, screenshots or anything else that might unfaithfully represent the Platform. Of course, we would prefer if you provide any constructive criticism to us directly.
3.4 You have been granted access to the Platform with a login account that was provided to you. Access to the Platform is not open to the general public. You agree not to grant access to the Platform to any third party, without our express written authorisation.
4 BUYING ART
4.1 When users buy a piece of Artwork as a result of clicking through a link on Artcube:
(a) payment must be made directly to Artcube;
(b) they may consent to their personal information (including separate consent for information on the content of their art collection) being shared with the Gallery;
(c) Artcube are not liable for any false, misleading or incomplete information provided by the user or the use of such data by the Gallery; and
(d) Artcube is in no way liable for the authenticity of the Artwork nor for any damage to the Artwork before it reaches the user or any misrepresentations made by any Gallery, other user or third party involved in the transaction.
5 CONTENT PROVIDERS
5.1 Artcube will provide Content Providers with feedback from users on the Artwork or Content they have uploaded to the Platform and other data (such as general gender profiles, age, art preferences and targeted price range from user comments). Artcube is not liable for the accuracy of such feedback or data.
5.2 All images of Artwork or Content are provided on the Platform for illustrative purposes only. Although we have made every effort to display the colours accurately, we do not guarantee that a computer’s display of the colours accurately reflect the colour of the Artwork or Content.
5.3 Artcube makes no guarantee that the Artwork or Content uploaded by Content Providers will be viewed by users.
5.4 Content Providers are solely responsible for their Artwork and Content and warrant that the information they have uploaded on the Platform is accurate, complete, honest and genuine and within their legal rights to use on the Platform.
5.5 Content Providers acknowledge that the information they have uploaded on the Platform may be downloaded or made publicly available on or via the Platform and that we are not responsible for editing or monitoring this information. We may modify the format, layout, language, size and metadata of the information, although we will endeavour not to change the meaning of the Content Provider’s expression.
6 INTELLECTUAL PROPERTY
6.1 All content remains the intellectual property of Artcube, including (without limitation) any source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by you or any other user. All content shared on or via the Platform is the copyright and property of Artcube.
6.2 Without our express written permission, you shall not copy the Platform for your own commercial purposes, including:
(a) modify, reuse, decompile, reverse engineer or otherwise translate the Platform or any portion thereof;
(b) replicate all or part of the Platform in any way; or
(c) incorporate all or part of the Platform in any other webpage, Platform, application or other digital or non-digital format.
6.3 Artcube has moral, proprietary and/or registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Artcube.
7 THIRD PARTY INFORMATION, PLATFORMS & ADVERTISING
7.1 The Platform may contain information and advertising from third-party businesses, people and Platforms (Third Parties). You consent to receiving this information as part of your use of the Platform.
7.2 We are not responsible for any information transmitted by Third Parties in particular in relation to the accuracy of the information.
7.3 We are not liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
8 LIMITATION OF LIABILITY & INDEMNITY
8.1 We intend to correct any technical problems as soon as possible, although this may result in the loss of your data and resetting your account. We disclaim any liability for such technical problems.
8.2 We accept no responsibility for the unavailability of this Platform, or any offer services found on the Platform.
8.3 Artcube makes no representations or warranties of any kind, express or implied, about the accuracy, completeness, or reliability of the information provided via the Platform for any purpose whatsoever.
8.4 You acknowledge that in using the Platform you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
8.5 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform, including any breach by you of these Terms.
8.6 In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise
8.7 Certain rights and remedies may be available under the Consumer Protection Act 1987 or similar legislation in this and other jurisdictions, and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-supply of our services or payment of the cost of re-supply of services.
10.1 You can contact our customer service team by email ([email protected]).
10.2 You can direct notices, enquiries, complaints and so forth to us using any other details published on the Platform. We will notify you of a change of details from time-to-time by publishing new details on the Platform.
10.3 We will send you notices and other correspondence to the email address that you submit to the Platform, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
10.4 A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
11.1 We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
11.2 Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
11.3 These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.
11.4 The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
11.5 These Terms and any non-contractual obligations arising therefrom are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in
1 PURPOSE OF OUR POLICY
1.1 Artcube Limited (Company No. 08856943) (we, us or our) provides the products and services offered on the website (artcube.co) and/or mobile application (Platform).
1.2 For the purposes of the Data Protection Act 1998 (Act), we are the data controller.
(a) providing the products and services that we offer; and
(b) the normal day-to-day operations of our business.
2 WHO AND WHAT THIS POLICY APPLIES TO
2.1 We handle data in our own right and also for and on behalf of our users.
2.4 If, at any time, an individual provides data or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.
2.5 Our Platform is not available for use by children (persons under the age of 18 years).
3 THE INFORMATION WE COLLECT
3.1 In the course of business it is necessary for us to collect data. This information allows us to identify who an individual is for the purposes of our business, share data when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:
(a) Personal Information. We may collect personal details such as an individual’s name, location, date of birth, nationality, family details and other information that allows us to identify who the individual is;
(b) Contact Information. We may collect information such as an individual’s email address, telephone and fax number, third-party usernames, residential, business and postal address and other information that allows us to contact the individual;
(c) Financial Information. We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;
(d) Statistical Information. We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes; and
(e) Information an individual sends us. We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual’s activities, including activities with our partners (such as Facebook or Twitter).
3.3 We may also collect non-data about an individual such as information regarding their computer, network and browser. This may include their IP address.
4 HOW INFORMATION IS COLLECTED
4.1 Most information will be collected in association with an individual’s use of our Platform, products and services, an enquiry about us or generally dealing with us. However, we may also receive data from other sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners (such as Facebook or Twitter). In particular, information is likely to be collected as follows:
(a) Registrations/Subscriptions/Purchases. When an individual registers, subscribes and or purchases a product, service, list, account, connection or other process whereby they enter data details or grant access to information in order to receive or access something, including a transaction or services;
(b) Partners. When an individual grants us access to their accounts with our business partners (such as Facebook, Instagram, Linkedin or Twitter).
(c) Supply. When an individual supplies us with goods or services or contacts us in any way.
4.2 As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their data is being collected.
4.3 We may also collect anonymous data such as traffic, IP addresses and transaction statistics, which may be used and shared on an aggregated and anonymous basis.
5 HOW DATA IS STORED
5.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.
5.2 By submitting your personal data, you agree to this transfer, storing or processing.
6 WHEN DATA IS USED
6.1 In general, the primary principle is that we will not use any data other than for the purpose for which it was collected other than with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
6.3 Information is used to enable us to operate our business, especially as it relates to an individual. This may include:
(a) The provision of goods and services between an individual and us;
(b) Verifying an individual’s identity;
(c) Communicating with an individual about:
i Their relationship with us;
ii Our goods and services;
iii Our own marketing and promotions to customers and prospects;
iv Competitions, surveys and questionnaires;
(d) Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or
(e) As required or permitted by any law (including the Act).
6.4 If you publicly post about us, or communicate directly with us, on a social media website, we may collect and process the data contained in such posts or in your public profile for the purpose of addressing any customer service requests you may have and to monitor and influence public opinion.
7 WHEN DATA IS DISCLOSED
7.1 It may be necessary for us to disclose an individual’s data to third parties in a manner compliant with the Act in the course of our business, such as for processing activities like website hosting.
7.2 We will not disclose or sell an individual’s data to unrelated third parties under any circumstances unless we employ other companies to perform tasks on our behalf and we need to share your information with them to provide the Platform or other products and services to you.
7.3 There are some circumstances in which we must disclose an individual’s information:
(a) Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
(b) As required by any law (including the Act) including court orders; and/or
(c) In order to sell our business (as we may transfer data to a new owner).
7.5 We may partner with or utilise third-party service providers (such as Gmail from Google, Inc., and MailChimp from The Rocket Science Group LLC) to communicate with an individual and to store contact details about an individual. These service providers may be located outside the United Kingdom, including the United States of America.
8 THIRD PARTY ACCOUNTS
8.1 We may link your account with a third party (such as Facebook, Instagram, Linkedin or Twitter) to our services to enable certain functionality, which allows us to obtain information from those accounts (including your profile picture, friends or contacts).
8.2 The information we may obtain from those services often depends on your settings or their privacy policies.
9.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Platform.
10 OPTING “IN” OR “OUT”
10.1 An individual may opt to not have us collect their data. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:
(a) Opt In. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
(b) Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
10.2 If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the details below.
11 THE SAFETY & SECURITY OF DATA
11.1 We will take all reasonable precautions to protect an individual’s data from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
11.2 The security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, data where the security of information is not within our control.
11.3 We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s data to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
11.4 If an individual suspects any misuse or loss of, or unauthorised access to, their data, they should let us know immediately.
11.5 We are not liable for any loss, damage or claim arising out of another person’s use of the data where we were authorised to provide that person with the data.
12 HOW TO ACCESS AND/OR UPDATE INFORMATION
12.1 The Act gives you the right to request from us the data that we have about you.
12.2 If an individual cannot update his or her own information, we will correct any errors in the data we hold about an individual within 7 days of receiving written notice from them about those errors.
12.3 It is an individual’s responsibility to provide us with accurate and truthful data. We cannot be liable for any information that is provided to us that is incorrect.
12.4 We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the data we hold about them.
13 COMPLAINTS AND DISPUTES
13.1 If an individual has a complaint about our handling of their data, they should address their complaint in writing to the details below.
13.2 If we have a dispute regarding an individual’s data, we both must first attempt to resolve the issue directly between us.
13.3 If we become aware of any unauthorised access to an individual’s data we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
14 ADDITIONS TO THIS POLICY
15 CONTACTING US
15.1 All correspondence with regards to privacy should be addressed to:
The Data Controller
You may contact us by email in the first instance.