Terms and Conditions
These Terms and Conditions are the terms on
which Asia Contemporary Art Limited offers you access to Asia
Contemporary Art Limited's services and websites. By viewing our
websites and using our services you accept these Terms and Conditions.
If you do not accept these Terms and Conditions, you must refrain from
using our websites and services. Asia Contemporary Art Limited Limited
is a registered company in Hong Kong Special Administrative Region of
the People’s Republic of China (“Hong Kong”). The registered office is
located at 1102 Nam Wo Hong building, 148 Wing Lok Street, Sheung Wan,
Hong Kong S.A.R. We can be contacted at info@asiacontemporaryart.com or phone +852 2811 9015.
USE OF THE SITE
1.
Asia Contemporary Art Limited grants you a non-exclusive,
non-transferable, limited right to access, use, and display the Site and
Services, and the texts, images, articles, photographs, illustrations,
audio, graphics, graphs, video clips, and other materials (“Content”)
thereon, for your personal informational use only, provided that you
comply fully with these Terms.
2.
You may not modify, create derivative works from, participate in the
transfer or sale of, post on the web, or in any way exploit the Site or
Services or any portion thereof for any public or commercial use without
the express written permission of Asia Contemporary Art Limited.
3.
You may not distribute, transmit, reproduce, publish, license, rewrite,
create derivative works from, transfer, or sell any Content contained
on this Site or Services without the express prior consent of the
copyright owner. None of the material contained on the Site or Services
may be reverse-engineered, disassembled, decompiled, transcribed, stored
in a retrieval system, translated into any language or computer
language, retransmitted in any form or by any means, including, without
limitation, electronic, mechanical, photo reproduction, recordation or
otherwise, without the prior written consent of Asia Contemporary Art
Limited. Any images of artworks on the Site or Services are provided for
use only in the context of the Site or Services, and are subject to all
of the limitations set forth herein. All rights not expressly granted
herein are reserved to Asia Contemporary Art Limited.
4.
In the event that an Asia Contemporary Art Limited product is
mistakenly listed at an incorrect price, Asia Contemporary Art Limited
reserves the right to refuse or cancel any orders placed for product
listed at the incorrect price.
5.
You shall not interfere or attempt to interfere with the operation of
the Site or Services in any way through any means, software, routine, or
device including, but not limited to, spamming, hacking, or uploading
computer viruses, trojan horses, time bombs, spyware, cancelbots, Easter
eggs, or the means expressly prohibited by any provision of these
Terms. You may not use any robot, spider, other automatic device, or
manual process to monitor or copy Asia Contemporary Art Limited’s Site,
Services, or any content contained thereon or for any other purpose
without Asia Contemporary Art Limited’s prior express written
permission. You may not take any action that imposes an unreasonable or
disproportionately large load on Asia Contemporary Art Limited’s
infrastructure.
6.
Asia Contemporary Art Limited may amend these Terms and Conditions in
whole, or in part from time to time. Amendments will be effective
immediately upon posting on this website. You are responsible for
ensuring you are familiar with the latest Terms and Conditions. Your
continued use of our website and our services represents your agreement
to be bound by these Terms and Conditions as amended.
7.
You agree that Asia Contemporary Art Limited may terminate your use of
this Site and Services, cancel your user registration, and/or exercise
any other remedy available to it, if Asia Contemporary Art Limited
reasonably believes that you have violated or acted inconsistently with
the letter or spirit of these Terms, or violated the rights of Asia
Contemporary Art Limited or any third party, or for any reason, with or
without notice to you. You agree that Asia Contemporary Art Limited will
not be held liable to you or any third party as a result thereof.
8.
Without limiting any other rights and remedies available to Asia
Contemporary Art Limited, Asia Contemporary Art Limited may limit your
activities on the Website, warn others of your actions, issue a warning
to you, suspend or terminate your registration, or refuse to provide
services to you if you breach these Terms and Conditions or where Asia
Contemporary Art Limited considers it appropriate.
NO RESPONSIBILITY FOR USER-TRANSMITTED MATERIAL
1. You may be asked to provide certain personalized information to us ("User Information")
during your use of the Site. Our information collection and use
policies with respect to the privacy of such User Information are set
forth in our Privacy Policy. You acknowledge and agree that you are
solely responsible for the accuracy and content of User Information, and
you agree to keep it up to date.
2.
You acknowledge that Communications to and from the Site and any
Services are not confidential, and your Communications may be read or
intercepted by others. You acknowledge that by submitting Communications
to Asia Contemporary Art Limited or the Site or Services, no
confidential, fiduciary, contractually implied, or other relationship is
created between you and Asia Contemporary Art Limited, any Asia
Contemporary Art Limited affiliate, or subsidiary other than pursuant to
these Terms.
3.
Asia Contemporary Art Limited shall not be responsible for the payment
of any money to any party in connection with Asia Contemporary Art
Limited's use of Communications submitted by you to the Site.
ART ALERTS REGISTRATION
1.
Registering with Asia Contemporary Art Limited for receiving Art Alerts
are on a opt-in basis, where we will ask you to provide us with the
following information: First name, family name, email and location of
user.
2.
You acknowledge and agree that you are solely responsible for the
accuracy and content of this user information, and you agree to keep it
up to date.
3.
Asia Contemporary Art Limited does not warrant that the registration
services provided will be uninterrupted, timely, secure, or error free,
and reserves the right to cancel your user registration, and/or exercise
any other remedy available to it, if Asia Contemporary Art Limited
reasonably believes that you have violated or acted inconsistently with
the letter or spirit of these Terms, or violated the rights of Asia
Contemporary Art Limited or any third party, or for any reason, with or
without notice to you. You agree that Asia Contemporary Art Limited will
not be held liable to you or any third party as a result thereof.
ONLINE TICKET SALES FOR THE ASIA CONTEMPORARY ART SHOW
1.
Entrance Tickets for the Asia Contemporary Art Show, held in Hong Kong,
are available to buy online via our Website, usually starting 2 months
before the Show opens. Asia Contemporary Art Limited will collect
personal information such as: First name, family name, telephone number, and postal address (“Ticket Information”).
2.
You acknowledge and agree that you are solely responsible for the
accuracy and content of this Ticket Information, and you agree to keep
it up to date. Asia Contemporary Art Limited can in no way be held
responsible or liable for any faulty or incomplete Ticket Information.
3.
Any tickets bought online less than three working days before the
starting date of the Asia Contemporary Art Show, can be picked up at the
Asia Contemporary Art Show location, using your personal identification
document.
4.
For the online payment, users will be redirected to Paypal Inc. These
payment transactions are conducted entirely at your own risk, and you
agree that Asia Contemporary Art Limited takes no responsibility or
liability for this part of the transaction. For any further questions
regarding Paypal Inc.’s legal statements, please refer to Paypal’s
webpage: https://www.paypal.com/hk/webapps/mpp/ua/legalhub-full.
5. For the UnionPay, the transactions are conducted entirely at your own risk, and you agree that Asia Contemporary Art Limited takes no responsibility or liability for this part of transactions.
SPECIAL TICKET OFFERS
1. The gift coupons from Lan Kwai Fong Group are ONLY applicable for Kyoto Joe Restaurant.
1. Ticket purchased to visit the Asia Contemporary Art Show is non-refundable.
2. Ticket purchased is not transferrable.
3. In case of fortuitous events such as earthquakes, typhoon with category 8 or higher, war or other natural calamities that impedes or prevents the show to continue, ticket purchased can be refundable subject to the terms and conditions of Asia Contemporary Art Limited.
LIABILITY
1. You expressly understand and agree that the Website and Services of Asia Contemporary Art Limited are bringing buyers and sellers together thru Asia Contemporary Art Limited’s online web portal. Whereas Asia Contemporary Art Limited takes no responsibility or liability for any transaction between the user of the site and the seller of the Works.
2. Transactions are conducted entirely at your own risk. You agree that Asia Contemporary Art Limited takes no responsibility or liability for any conduct or misconduct of any of its artists or galleries who use our services. Asia Contemporary Art Limited gives no undertakings, representations, or warranties in relation to artworks sold through or listed on its Website:
- about ownership of any artwork;
- as to the authenticity, content, description, worthiness, quality, or legality of the artworks that are listed on its Website;
- as to the accuracy or truth of listings
3. You expressly understand and agree that:
- Your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law Asia Contemporary Art Limited disclaims and excludes all implied conditions or warranties.
- Asia Contemporary Art Limited does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information provided on the Website is error-free or reliable.
- No advice or information that is obtained by you from Asia Contemporary Art Limited or anyone else shall create any warranty by Asia Contemporary Art Limited that is not expressly stated in the terms and conditions; and
- Responsibility for the content of any advertisements appearing on this Website rests solely with the advertisers. The placement of any such advertisements on the Website does not constitute Asia Contemporary Art Limited's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
- You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
4. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Asia Contemporary Art Limited to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, another member's acts or omissions, or your use of or inability to use, the services or the Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Asia Contemporary Art Limited's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
5. You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a registration or transaction, your sale or attempted sale of an artwork prohibited under these Terms and Conditions, or arising out of any content or artwork you submit, post, transmit, or make available through the Services.
COPYRIGHT POLICY AND LICENCES
1. The Content, Site, and Services are protected by the Hong Kong and international intellectual property laws including, without limitation, copyright, trademark, trade services, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). Asia Contemporary Art Limited or its licensors own all Intellectual Property Rights in and to the Content, Site, and Services. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.
2. You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content, or any Services. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution, or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Asia Contemporary Art Limited and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
3. Asia Contemporary Art Limited respects the intellectual property of others and requires that you do the same. In accordance with the Intellectual Property Department (“IPD”), more information of which may be found on the Hong Kong Intellectual Property Department’s website at http://www.ipd.gov.hk/, Asia Contemporary Art Limited will respond expeditiously to notices of alleged copyright infringement that are duly reported to the IPD.
4. The sale of an artwork or its subsequent export or import into another country may require certain licences including but not limited to resale royalties, export or import licences. It is the buyer's responsibility to inform themselves with respect to those licences and where necessary to obtain the appropriate licences and pay necessary royalties. To the extent permitted by law, Asia Contemporary Art Limited has no liability for any such licence costs or resale royalties.
PERSONAL DATA
1. Asia Contemporary Art Limited is committed to protecting your privacy, and is fully compliant with the Hong Kong Personal Data (Privacy) Ordinance (the PDPO). In order to provide you with the latest news, as well as the activities of our partners, we would like to use your personal data in our records including your name, email and address.
2. Asia Contemporary Art Limited may also contact you about the products and services offered by our sponsors and business partners in, including, but not limited to, banking and finance, insurance, luxury brands, high-end fashion, wine and spirits, travel and hospitality, the art industry, logistics, media, automotive industry, software, telecommunications and education. Asia Contemporary Art Limited would like to use your personal data for these promotional purposes selectively but we will not disclose or sell your personal data to any third party.
3. Asia Contemporary Art Limited collects personal information about you through your use of the Services and the Website, including:
1. Your registration details; and
2. Information relating to your use of the Website and the content you access.
You agree that Asia Contemporary Art Limited may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Asia Contemporary Art Limited products and Services to you, and for any other use that you authorise.
GENERAL PROVISIONS
1. Asia Contemporary Art Limited will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Asia Contemporary Art Limited takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Asia Contemporary Art Limited assumes no responsibility for the corruption of any data or information held by Asia Contemporary Art Limited.
2. You agree not to involve, or attempt to involve, Asia Contemporary Art Limited in any dispute or in the resolution of disputes that arise between you and another user of the Site as a result of the Services provided.
3. Asia Contemporary Art Limited has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Asia Contemporary Art Limited to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of Asia Contemporary Art Limited.
4. If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
5. If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6. The laws of Hong Kong S.A.R. govern these Terms and Conditions. You submit to the exclusive jurisdiction of the Courts of Hong Kong S.A.R.
7. These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
8. The material on our Websites is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Asia Contemporary Art Limited provides this website on the basis that Asia Contemporary Art Limited excludes all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law) which, but for this legal notice, might have effect in relation to the website. Asia Contemporary Art Limited has used all reasonable care and skill in compiling the content of this website but makes no warranty as to the accuracy of any information on our Website and cannot accept liability for any errors or omissions.
9. Material appearing on our Websites may include advertising and other material submitted by parties other than Asia Contemporary Art Limited. Our Websites may also provide links to other websites operated by advertisers and third parties. Links to such sites are provided solely for your convenience. If you use these links, you leave our Website. It is the responsibility of these third parties to ensure that such material and such websites comply with all relevant laws and regulations and Asia Contemporary Art Limited does not control and is not responsible for these websites or their content or availability. Asia Contemporary Art Limited therefore does not endorse or make any representations about them, or any material found there. If you decide to access any of the third party websites linked to our Website, you do so entirely at your own risk. To the full extent permissible by law, Asia Contemporary Art Limited disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with any relevant laws or regulations.
Copyright © 2018 Asia Contemporary Art Ltd.
Reproduction in whole or in part is prohibited without the written permission of Asia Contemporary Art Ltd.
