The Tree Art Gallery Ltd ("we"/ "us") is a company registered in England with company number 13686490 and having its registered office at The Drive, Whittington, Worcester, Worcestershire, England, WR5 2RQ, United Kingdom. Please read this Website Terms of Use ("Terms of Use") carefully before using www.thetreeartgallery.com (the "Website"). This version of the Terms of Use was last updated on 10 December 2021.
WEBSITE TERMS OF USE
1.1 The Terms of Use apply to anyone who uses or accesses the Website ("you"), whether or not you purchase artworks from us and or sign up for our newsletters. By using the Website, you confirm that you accept and agree to comply with these Terms of Use. Please also take the time to read our Privacy Notice which sets out the terms on how we process any personal data we collect from you and our Cookie Policy to see how we track your activity, both of which are available on the Website. If you purchase artworks from us, your purchase will be governed by our separate Terms of Sale which are in addition to your use of our Website. If you are considering purchasing an artwork from us, you are welcome to contact us to request a copy of our Terms of Sale before you enter into the purchase.
1.2 We may amend these Terms of Use from time to time. Every time you wish to use our Website, please check these Terms of Use to ensure you understand the terms that apply at that time. If the changes are material, we will let you know by posting a notice on the Website before changes go into effect. If you have any questions about our Terms of Use or on how to use the Website, please contact us at info@thetreeartgallery.com or write to us at the above registered address.
ACCESSING OUR WEBSITE
2.1 We may change, modify or close down the Website, or change the purpose around which the Website is based. In the event of a substantial change to the purpose of the Website, we shall amend our Terms of Use accordingly.
2.2 Whilst we try to ensure that the Website is accessible at all times, access may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control. We shall not be held liable if for any reason the Website is unavailable at any time or for any period. We also do not guarantee the speed, accuracy or quality of any content on the Website.
2.3 You are responsible for making all arrangements necessary to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
3.1 All text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, videos and images/ reproductions of artworks, including but not limited to the structure, design, expression, arrangement, and coordination of such material (together the "Content"), on the Website is owned or licensed by or to us, and is protected by intellectual property rights, including copyright and trade marks. By using the Website, you acknowledge that we are the owner or licensee of all intellectual property rights for the Website and the Content. You acknowledge that the Website and the Content may only be used according to these Terms of Use. You acknowledge that the Website and all Content, relevant trade marks, and any other portion thereof may not be reproduced, duplicated, copied, sold, resold, modified or otherwise exploited, in whole or in part, for any purpose without our written consent. All intellectual property rights in the Website and the Content are hereby reserved and our moral rights are hereby asserted.
3.2 By acquiring an artwork from us, you do not acquire any intellectual property rights in the Content relating to that artwork on our Website (such as pictures or videos of the artwork), and any unauthorised use of the Website or content may violate intellectual property laws, privacy laws, communications regulations, statutes and treaties.
3.3 If you breach these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
LINKS TO THIRD PARTIES
4.1 The Website may contain hyperlinks to various websites and other resources provided by third parties with information outside of our control. These links are provided for your information only. No mention of any organisation, company or individual through a hyperlink shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on our part. We have no control over the content of those third-party websites or resources and accept no responsibility for them or for any loss or damage that may be suffered in connection with your use of them.
NO RELIANCE ON INFORMATION
5.1 While we endeavour to ensure that the information on the Website is correct, we cannot guarantee the accuracy and completeness of the Content on the Website. We may make changes to the Content on the Website, including the artworks and prices described on it, at any time without notice.
5.2 The Content on the Website is not intended to amount to advice, and we shall not be liable for any loss caused by your reliance on any Content on the Website. The Website and its Content is provided "as is" without any conditions, warranties or other terms of any kind.
5.3 Purchases of artworks from us are in accordance with our Terms of Sale only, together with the exclusions contain therein which also apply to any Content about the artworks advertised on the Website.
5.4 The statements and opinions expressed in the Content on the Website by third parties (including industry experts engaged by us or artists that we represent), are the opinions of those individuals. They do not purport to reflect our own opinions.
USER MATERIAL AND CONDUCT
6.1 You shall not circumvent, remove, alter, deactivate, degrade or thwart any of the Website's protections; use any robot, spider, scraper or other automated means to access the Content; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website; or insert any code or product or manipulate the Website in any way or use any data mining, data gathering or extraction method.
6.2 You may link to the Website, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, 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. The Website must not be framed on any other website. We reserve the right to withdraw linking permission without notice.
6.3 If you wish to make any use of the content on the website, please address your request to use at info@thetreeartgallery.com or write to us at the above registered address.
LIMITATION TO OUR LIABILITY
7.1 Nothing in the Terms of Use limits or excludes our liability for: (a) death or personal injury caused by negligence; or (b) fraud or fraudulent misrepresentation.
7.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website and its Content, whether express or implied.
7.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Website; or use of or reliance on any Content displayed on our Website. In particular, we will not be liable for any loss of profits, loss of business, goodwill, loss of anticipated savings or for any special, indirect, incidental, or consequential loss, costs, damages, charges or expenses to the fullest extent permitted by law.
7.4 We do not guarantee that our Website will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any Content on it, or on any Website linked to it.
MISCELLANEOUS
8.1 If a court finds that any part of these Terms of Use is invalid, illegal or impossible to enforce, that part of the contract will be treated as being deleted, and the rest of the Terms of Use will not be affected.
8.2 Neither party shall be liable for total or partial failure to perform any of its obligations or duties under the Terms of Use to the extent that such failure arises in consequence of any force majeure event, industrial dispute, fire, flood, pandemic, mobilisation, requisition, embargo, currency restrictions, insurrection, acts or government, war, acts of terrorism or any circumstances which are beyond their reasonable control.
8.3 Any notice to be given hereunder shall be in writing and sent to or delivered to our email or registered office listed above. Any notice shall be sufficiently served either if delivered personally, sent by pre-paid first class post, or recorded delivery or registered post. Any notice if posted shall be deemed to have been served at the time when in the ordinary course of post such notice would have been received and if delivered by hand shall take effect on delivery. Emails are deemed received on the day of receipt if during normal business hours in the recipient country, otherwise the next business day.
8.4 These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and shall be subject to the exclusive courts of England and Wales.