TERMS AND CONDITIONS
1. Parties, Acceptance & Definitions
These Terms & Conditions (the “Terms”) govern access to, and use of the website and any related digital platforms operated by The Art Exchange Limited (collectively, the “Digital Platforms”). By accessing or using the Digital Platforms you agree to be bound by these Terms. If you do not agree, do not use the Digital Platforms.
“User”, “you” and “your” refer to the person accessing the Digital Platforms. “Content” means text, images, audio-visual works, data, and other materials on or through the Digital Platforms. “Items” means artworks and other objects shown on the Digital Platforms.
2. Eligibility & Accounts
The Digital Platforms are intended for adults. If you are under 18, you may only use the Digital Platforms with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
3. Permitted Use & Prohibited Conduct
You must use the Digital Platforms only for lawful purposes and in accordance with these Terms. You must not: (a) circumvent security or access controls; (b) copy, scrape, harvest, or index the Digital Platforms or Content (including for AI training) except as permitted by law; (c) upload malware or interfere with operation; (d) use the Digital Platforms for fraudulent, misleading, or infringing activity; (e) misrepresent your identity or affiliation; (f) use automated tools (bots, spiders) without our written consent.
4. Intellectual Property; Limited Licence
The Digital Platforms and all Content are owned by Art Exchange or its licensors and are protected by IP laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and display the Digital Platforms for your personal, non-commercial use. No other rights are granted. All trademarks, service marks, and trade names are the property of their respective owners and may not be used without permission.
5. User Content; Notice & Takedown
If you submit or post any content to the Digital Platforms (“User Content”), you grant us a non-exclusive, royalty-free, worldwide licence to host, display and distribute that User Content solely for operating the Digital Platforms. You represent that you own or have rights to post the User Content and that it is lawful and non-infringing. If you believe any Content infringes your rights, notify legal@wwwtheae.com with: (i) your contact details; (ii) description and location (URL/screenshot) of the material; (iii) your good-faith statement; and (iv) a statement that the information is accurate and you are authorised to act. We may remove or restrict access while we assess the claim.
6. Information, Availability & Third-Party Links
Information on Items is provided in good faith for general information only and does not constitute advice. We do not warrant that the Digital Platforms will be uninterrupted or error-free. The Digital Platforms may link to third-party sites or services; we are not responsible for their content, availability, or practices.
7. Enquiries; No Online Offers or Sales
The Digital Platforms may display Items and allow you to submit an enquiry. Unless expressly stated otherwise, the Digital Platforms do not constitute an offer to sell and no contract is concluded online. Any sale is concluded off-platform following due diligence and formal documentation.
8. Compliance, KYC/AML & Sanctions
We may conduct customer due diligence (including identity, beneficial ownership, source of funds/wealth checks) and sanctions screening. We may refuse, suspend, or terminate access to the Digital Platforms or any prospective transaction where required to comply with law or our risk policies.
9. Disclaimer of Warranties
To the fullest extent permitted by law, the Digital Platforms and Content are provided “as is” and “as available” without warranties of any kind, whether express or implied (including merchantability, fitness for a particular purpose, and non-infringement). This clause does not limit any non-excludable statutory rights.
10. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for: (a) loss of profits, revenue, goodwill, or data; (b) indirect, incidental, special, or consequential loss; or (c) any loss arising from use of or reliance on the Digital Platforms.Our total aggregate liability in connection with the Digital Platforms shall not exceed the total fees paid by you to us in the twelve months immediately preceding the claim.
11. Indemnity
You agree to indemnify and hold harmless Art Exchange from and against claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these Terms, misuse of the Digital Platforms, or infringement of third-party rights.
12. Suspension & Termination
We may suspend or terminate your access to the Digital Platforms at any time with or without notice if you breach these Terms or we consider it necessary to protect the Digital Platforms or comply with law. Provisions that by their nature should survive termination shall survive.
13. Changes to the Digital Platforms & to these Terms
We may update the Digital Platforms and these Terms from time to time. The “Last Modified” date below indicates the latest version. Continued use after changes constitutes acceptance of the revised Terms.
14. Governing Law & Dispute Resolution
These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of Nigeria. Any dispute shall be finally resolved by arbitration under the Arbitration and Mediation Act 2023 and the Rules of the Lagos Court of Arbitration (LCA). The seat/venue of arbitration is Lagos, Nigeria; the language is English. The tribunal shall consist of one arbitrator or three arbitrators where the amount in dispute exceeds USD 200,000. Nothing prevents either party from seeking urgent injunctive or conservatory relief in a court of competent jurisdiction.
15. Contact & Company Details
The Art Exchange Limited (RC 714963)
Registered address: 10 IIabare Avenue, Ikoyi, Lagos, 106104, Nigeria
General: info@wwwtheae.com
Legal: legal@wwwtheae.com