Terms of service

Terms of Service Policy effective as of: 31/10/24

 

1. Terms of Service Policy Introduction

This Terms of Service Policy describes and outlines the rules and responsibilities for using our platform, including user rights, content usage, and privacy policies.

This website (uowciii.com) is operated by UOWCIII. Throughout the site, the terms “we”, “us” and “our” refer to such. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Please read these terms and conditions carefully. They set out the terms under which the

UOWCIII.COM website (‘the Site’), together with the content, ordering and other services

found on or from it from time to time, are made available to you.

By accessing the Site you agree to be bound by these Terms and Conditions.

2. Copyright, All Rights Reserved

At all times the copyright on all artworks/images/photographs shown on this website belongs to the artist / respective artists represented on this Site.

The Site owners have the right, or have obtained the rights, to reproduce all/selected artworks

displayed on the site in print or framed print format.

All images remain the property of the artist / respective artists represented on this Site and no form of reproduction for private use, commercial sales or non-commercial distribution is permitted without prior permission of the artist/s and/or Site owner.

Your use of the Site carries with it no rights in relation to copyright, trade marks or other intellectual property rights in the Site. All website design, text, graphics and arrangement thereof, and all software compilations, underlying source code, and all other material on the Site are Copyright of the artist / respective artists represented on this Site.

 

3. Trademark Notice

All trademarks, service marks, trade names, logos, and other intellectual property rights in the products and services mentioned on this website are the property of UOWCIII or their respective owners. Unauthorised use of any registered trademark displayed on this website is strictly prohibited.

3.1 Registered Trademarks

UOWCIII/uowciii is a registered trademark with the UK Intellectual Property Office (IPO). The registration number is UK00004049297. This trademark is protected under the Trade Marks Act 1994 of Great Britain and Northern Island and any infringement will be pursued to the fullest extent of the law.

For more information on trademarks and intellectual property, please visit the UK Intellectual Property Office website.

4. Use of The Site

You agree that you will only use the Site in a manner that is consistent with these terms and conditions and in such a way as to ensure compliance with all applicable laws and regulations.

You are free to use the links to other web sites or resources that we, or our partners, may provide on the site from time to time provided that we cannot accept responsibility for these, nor Can we be deemed to have endorsed their content.

While we take reasonable steps to prevent the introduction of viruses, we cannot warrant that our site, or others to which we give access, is free of viruses.

To the fullest extent permitted at law, we are providing the Site and its contents on an “as is” basis and make no (and expressly disclaim all) representations or warranties of any kind, express or implied, with respect to the Site or the information, content, materials or products included in the Site including, without limitation, warranties of merchantability, quality and fitness for a particular purpose.

In addition, we do not represent or warrant that the information

accessible via the Site is accurate, complete or current. Information can change / be amended / added at any time, without prior notice.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

All and/or partial content on this website is the opinion of the Artist, "us".


 These terms and conditions are governed by the laws of England, UK.


We may collect and process the information about you that is provided to us through
forms or correspondence that you send. This information may be used to operate,
manage, develop and promote our future events, exhibitions and occasionally with
details of special offers, new products or artworks that have been added to the website.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to suspend, restrict, or terminate your access to the Site for any reason.

5. Accuracy, Completeness & Timeliness of Information 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

6. Modifications to The Service & Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

7. Products and/or Services

Certain products and/or services may be available exclusively online through the website. These products or services may have limited quantities etc, and are subject to return or exchange only according to our Refunds & Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot, however, guarantee that your computer monitor's display of any colour will be of complete accuracy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your specific expectations, or that any errors in the Service will be corrected to meet your specific expectations.

8. Accuracy of Billing & Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. (if applicable) you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

9. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

10. Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

11. User Comments, Feedback & Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

12. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. For more information, you can view our Privacy Policy. 

13. Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

14. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(A) for any unlawful purpose; (B) to solicit others to perform or participate in any unlawful acts; (C) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (D) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (E) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (F) to submit false or misleading information;

(G) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (H) to collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider, crawl, or scrape; (J) for any obscene or immoral purpose; or (K) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

15. Disclaimer of Warranties; Limitation of Liabilities

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we/us, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend and hold harmless UOWCIII and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

17. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

19.  Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

20. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England, United Kingdom.

21. Changes to These Terms Of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

22. Other Conditions/General Conditions

These terms and conditions may be amended and/or be extended to include other conditions

applicable to specific products or services offered on the Site from time to time and shall

continue to be binding on you provided that any such changes are clearly notified on the Site.

You must abide by these terms and conditions.

We reserve the right to terminate your use of the Site or processing of any order if you violate this Agreement.

These terms and conditions are governed by the laws of ___ENGLAND/UK/GB___ and you hereby

consent to the exclusive jurisdiction of the ___ENGLAND/UK/GB___ courts in all disputes arising out of or relating to the use of the Site.

Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this clause.

This privacy statement sets out the basis on which we will use any personal information that we may collect about you as a visitor of, or customer of our Site.

22.1 We may collect and process the following information about you:

(A) Information That You Provide Us With

This is information about you that you give to us by filling in forms on our website (or other forms that we ask you to complete) or corresponding with us by telephone, post, email or otherwise. It may include, for example, your name, address, email address and telephone number; your date of birth, information about your relationship with the Site owner (including your purchase history and feedback you have provided to the Site owner).

(B) Information That Our Website & Other Systems Collect About You

 

22.2 We may use your information for the following purposes:

(i) To operate, manage, develop and promote our future events, exhibitions and

occasionally with details of special offers, new products or artworks that have been

added to the Site.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (A) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

23. Your Rights

You have a right of access to the personal information that we hold about you, and to related information, under data protection law. 

You can also require any inaccurate personal information

to be corrected or deleted.

You can object to our use of your personal information for direct

marketing purposes at any time and opt out / unsubscribe from any further emails, marketing or communications and you may have the right to object to our processing of some or all of your personal information (and require them to be deleted) in some other circumstances.

If you wish to exercise any of these rights, please contact us as set out below, in section 22. of our Terms of Service Policy.

24. Contact

Should you have any questions, concerns or suggestions regarding our practices, or of this Terms of Service Policy, or if you would like to exercise any of the rights available to you, please Email us at: info@uowciii.com, or contact us at our physical address at: UOWCIII, 4th Floor, Silverstream House, 45 Fitzroy Street, Fitzrovia, London, W1T 6EB.