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Welcome to Art Loft. www.artloftasia.com, and all its relevant sub domains are sites owned and operated by Visually Arrested Group Pte. Ltd. (Registration No.: 201327530R) (“we” or “us”).
These terms and conditions apply to the services available from the domain and sub-domains of www.artloftasia.com. By using the services (“Service”) of the Art Loft, you are agreeing to the following terms and conditions with Art Loft and the general principles of our website.
Your use of our services is governed by the following terms and conditions, (“User Agreement” or "Terms").
Before you choose to become a member of Art Loft, you must read and accept all of the terms and conditions of this User Agreement and each of the “Additional terms” referred to in this User Agreement. We strongly recommend that you read through all the terms and conditions carefully. The User Agreement constitutes a legally binding agreement between you and Art Loft.
The following Terms shall govern the relationship between Art Loft, its Internet platform www.artloftasia.com, (hereinafter: the “Site”) and you (our “User). By accessing and participating in Art Loft, the User accepts the following Terms, as well as the manner in which Art Loft operate as described on the website. Art Loft does not recognize any other terms and conditions not set out in this User Agreement.
In the Site, Art Loft provides users with the access to sales and rental of art or prints (collectively know as the “Products” and such service, along with other related services, the “Service”).
All content on the Art Loft website is not intended to amount to advice on which reliance should be placed. Art Loft disclaims to the fullest extent permitted by law all and any liability and responsibility arising from any reliance placed on such materials by any visitors or any other sources to the Art Loft website or by anyone who may be informed of any of its contents.
LICENSE AND SITE ACCESS
Art Loft grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Art Loft’s sole discretion) an unreasonable or disproportionately large load on Art Loft’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Art Loft to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Art Loft.
ACCEPTING THE TERMS & CONDITIONS
- You may not use the Services if you do not accept the Terms set out herein.
- You can accept the Terms and shall deemed to have accepted the Terms by:
- a. Clicking to accept or agree to the Terms, where this option is made available to you by Art Loft in the user interface for any Service; or
- b. By actually using the Services. In this case, you understand and agree that Art Loft will treat your use of the Services as acceptance of the Terms from that point onwards.
- You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Art Loft.
Art Loft reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. By continuing to access or use the Site or Services, after any Terms have been modified, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 or to any users suspended or removed from the system by Art Loft for any reason is expressly prohibited. By accessing or using the Site, you represent and warrant that you are 18 or older. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Art Loft account to another party. If you do not qualify, you may not use the Art Lot Service or the Site.
In order to list a work on the Site or to make a purchase through the Site, you must first create an account (the "Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a member ("Member"). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Art Loft reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Art Loft of any unauthorized use of your Account. Art Loft reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
As a Member, you may purchase Products (collectively known as the “Order”) though the Site and Services (including by phone). When you purchase such an Products through the Site, you are purchasing the work from Art Loft and not from the Member identified on the listing for such work. Specifications about and other information regarding Products for sale on the Site have been provided by individual sellers and is not verified by Art Loft. While Art Loft makes every effort to ensure that the Products on our site are sold by the original creators or authorized resellers (such as galleries), Art Loft makes no warranties or representations whatsoever with regard to any product provided and shall not be held liable.
Prices will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt.
Art Loft reserves the right to cancel any order for a Product placed via the Site and Services if Art Loft determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. No Order will be considered accepted by Art Loft until the Product (s) has been shipped. If we decline to accept your Order, we will attempt to notify you at the email address you provided and you will not be charged.
All Products shall be deemed accepted by you (or by someone at your provided shipping address) upon shipment, and title to the risk of loss passes to you when Art Loft provides the Product(s) to a common carrier (if applicable). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A “Secure Shipping Address” is a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, Art Loft does not bear liability for Product(s) left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which you, and not Art Loft, will be responsible
To pay for an Order, you will need to provide Art Loft with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card, or any other manner then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience. You represent that you will not use any form of payment unless you have all necessary authorization to do so.
Art Loft will only ship Products once full payment of Orders have been processed. Art Loft will arrange for the Product to be shipped directly to you. The terms and conditions of Art Loft’s then-current Return Policy apply to any Products that you purchase through the Site and Services.
PRICING AND LISTING OF ONLINE CONTENT
Art Loft will make efforts to display the products and their colors as accurately as possible. However, the displayed colors of the products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be unavailable, and prices are subject to change. We cannot confirm the price or availability of an item until you place an Order. Despite our best efforts, a small number of the items on our Site may be mispriced. We are not responsible for typographical errors regarding price or any other matter. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges and local sales or use taxes that may apply to your Order.
All prices, fees and other amounts referred to in these Terms, including any prices and fees set forth on the Site, are stated in U.S. dollars unless otherwise stated and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes").
You acknowledge that Art Loft will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
Art Loft may operate lucky draws, contests and similar promotions (collectively, "Promotions") through the Site and Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site and Services, as they may contain additional important information about Art Loft’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
Any Promotions presented by Art Loft shall only be valid if they are announced on Art Loft’s website or by newsletter. Any Promotions of a limited duration shall likewise be announced on the website or by newsletter. Upon expiration of the time limit, or after the sale(s) that are part of the particular Promotion has/have ended, the Promotion is deemed to have ended. Art Loft reserves the right to change the terms of any Promotion at any time.
TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, Art Loft will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Art Loft reserves the right to revoke your access to and use of the Site and Services at any time, with or without cause. In the event Art Loft terminates these Terms for your breach, you will remain liable for any amounts due hereunder.
ART LOFT ONLINE USER CONTENT
We reserve the right, but do not have an obligation, to monitor or review any User Content or activity on the Services, to investigate alleged or suspected violations of this Agreement or to otherwise administer and operate the Services, at any time and in our sole discretion, and we may disclose any User Content or activity if we believe that disclosure is reasonably necessary to comply with any law, regulation, legal process or government request. We also reserve the right to remove or refuse to publish any User Content, in whole or in part, if we believe that such User Content may violate this Agreement, the law or any third party rights, or for any other reason or no reason, without notice or liability, at any time and in our sole discretion. You agree that we will not be liable for any use of your User Content by us in accordance with this Agreement.
Please note that we do not endorse or make any representations or warranties as to the accuracy, completeness, truthfulness or reliability of any User Content or any advice, ideas or information communicated on or in connection with the Services by any users or other third parties. You agree that any reliance by you on any such advice, ideas or information is solely at your own risk. You agree that we have no obligation to review or screen any User Content before it is published on the Services, and you acknowledge that by using the Services, you may be exposed to User Content that is inaccurate or misleading or that you otherwise find objectionable. You agree that we will not be liable or responsible for the User Content of any other user.
IN THE EVENT OF TECHNICAL BREAK DOWN (SYSTEM OUTAGE)
We cannot guarantee continuous access to our services, and operations of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavors to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
INTELLECTUAL PROPERTY RIGHTS
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
ART LOFT DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN ART LOFT, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL ART LOFT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
You agree to defend, indemnify, and hold Art Loft, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Art Loft Content or Member Content, or your violation of these Terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Art Loft Content and Member Content remains with you. Neither Art Loft nor any other party involved in creating, producing, or delivering the Site, Services, Art Loft Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Art Loft Content or Member Content, or from any communications, interactions or meetings with other Members or Users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Art Loft has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Art Loft’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Art Loft Content or Member Content exceed: if you are a Member who has purchased Products, the total payments that you made to Art Loft for the Products that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Art Loft and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.