Terms and Conditions
Website Terms and Conditions (“Website Terms”)
Please read these Website Terms carefully before you start to use the website in order to receive the online content.
By:
- accessing the website and/or any content made available through it; and/or
- registering with Auction Technology Group
you indicate that you accept these Website Terms and that you agree to abide by them. If you do not agree, please refrain from using the website. We recommend that you print a copy of these terms for your records.
Please ensure that you check your registration details are correct and review them and correct any errors by editing on-screen any data you supply before you conclude the registration process.
Summary of Website Terms
These Website Terms (together with the Privacy Policy) ("the Terms") tell you the terms of use on which you may use our website. Please read these carefully. We highlight some key terms below:
What We Do For You - we provide online content on our website, part of which can be accessed by users who have a digital subscription. We also provide services for you to manage your subscription, including buying a subscription, renewing and upgrading your subscription and reviewing and changing your account details.
What You Agree To Do
Use the website in accordance with our Terms.
Parties:
Metropress Limited (a company registered in England and Wales with company number 01010311) whose principal place of business is at 65 Southwark Street, London, SE1 0HR, United Kingdom; (trading as "Auction Technology Group" or "the Website Operator"); and
You, the user of the Service ("the User").
Metropress Limited's VAT number is: 927 5121 29
Auction Technology Group's contact details by e-mail are: support@auctiontechnologygroup.com.
- Definitions
"Content"
Means all data, information, advice and downloaded materials contained or referred to in or accessed from the Website.
"Intellectual Property Rights"
Means patents, trademarks, design rights, database rights, copyright, and all other intellectual property rights anywhere in the world, whether registered or not.
"Licensor"
Means any licensor of the Website Operator including without limitation any third parties placing Content on the Website.
"Service"
Means the provision of Content (which includes without limitation, news, data, catalogues, and other services) provided on the Website to the User by the Website Operator.
"Subscription"
Means different types of subscription to Antiques Trade Gazette
"Technology Partners"
Means our partners whose technology powers some of our services
"Website"
Means www.antiquestradegazette.com
- Our Agreement
2.1. These Website Terms constitute a legally binding agreement (the "Agreement") between you as the User and the Website Operator establishing the terms and conditions under which you may have access to, and use of, the Website and the Content.
2.2. The Content of the Website may be restricted by law in certain countries. It is the responsibility of the User to determine what those restrictions are and to observe them.
2.3. These Website Terms are subject to change. The Website Operator reserves the right to amend them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended Website Terms on the Website. The amended Website Terms shall become effective immediately.
2.4. These Website Terms replace all previous terms and conditions.
2.5. We will have a record that you have agreed to these Website Terms through registration or (where the information is available to us) through your use of the site. This record is not accessible by you. At present our Website Terms are offered only in English language versions.
- Subscriptions
3.1. Auction Technology Group offers different types of Antiques Trade Gazette subscriptions ("Subscriptions") including, for example, access to Digital Applications and the Site ("Digital Subscriptions") and print and digital subscription bundles. Auction Technology Group reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time.
3.2. Auction Technology Group will use best endeavours to process your Subscription quickly and efficiently but does not guarantee that your Subscription will be activated by any specific time. When you submit your payment and other subscription details to us, you are making an offer to us to buy a Subscription. Only when we have successfully verified your payment and contact details will your offer be accepted by us and a contract formed, at which point we will provide you with access to the Subscription. Where a gift Subscription is purchased, the recipient of the gift will be provided with access to the Subscription. Only written confirmation from us will signify acceptance of your Subscription offer.
3.3. At the start of your subscription - the print part of a print and digital subscription starts with the next available issue which may take up to 10 working days to arrive. Digital subscriptions begin immediately.
3.4. Payment can be made by most major credit or debit cards and by Direct Debit (for UK customers) in accordance with the payment methods section. Payment will be debited from your account before your order is fulfilled.
3.5. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
3.6. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card or Direct Debit payment in accordance with your order.
3.7. Money Back Guarantee - your subscription is protected by our Money-Back Guarantee. If, for any reason you’re not satisfied you can write to cancel at any time and receive a refund of the cost of the unexpired portion of your subscription. If you have purchased a gift subscription (including all Christmas gift subscriptions) or a new subscription with a free gift incentive (including all Christmas promotions), the refund will be based on the cost of the unexpired portion of your subscription less the cost to us of acquiring, packing and sending the gift incentive (for Christmas promotions the reduction will be no less than £25).
- Prices
4.1. Where a sale or promotion involves a reduced price, that price is valid only for the specified period.
4.2. Prices and charges on the Website include any VAT payable (except in European Union countries outside the UK where VAT will be added on the payment page) and delivery charges and they are displayed in UK pounds sterling, Euros and US dollars. We will not be responsible for any other charges or taxes that are imposed at the delivery destination.
4.3. We make best endeavours to display correct prices and information on the Website but from time to time an error may occur and an incorrect price may be shown. We are not obliged to fulfil any subscription or service to you at the incorrect price. In cases where a pricing error occurs we will either inform you that we have cancelled your order or contact you and ask you if you would like to cancel your existing order or continue with the order at the correct price.
- Subscription gifts
5.1. From time to time subscription promotions may include a complimentary gift. If the subscription that you have purchased includes such a gift, please allow up to 21 days for delivery. Gifts may be sent out separately from your printed edition of the Gazette and will be delivered to the purchaser – this includes gifts that are purchased with gift subscriptions.
5.2. We reserve the right to:
- Withdraw any promotion at any time
- Withdraw and not fulfil any order or gift where we consider an offer has been misused
- Replace the gift advertised for one of the same or higher value
- Offer no more gifts if a promotion includes a gift with a limited number once the original limit has been reached
- Limit the gift subscription offer to one order per household
5.3 See section 3.7 for how our Money-Back Guarantee is affected by subscription gifts.
- Renewal
6.1. If your subscription does not include auto-renew payments, we will notify you with an offer to renew your subscription at the then prevailing renewal price. These notifications are typically sent ahead of and at the end of the subscription period.
6.2. If your subscription includes auto-renew payments, such as by credit card or by direct debit, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period (unless your initial period was an introductory period in which case the subscription period will be one year or two years, depending on which product you originally subscribed to) at the then prevailing renewal rate.
- Cancellation
7.1. You have the right to cancel your Subscription at any time unless otherwise stated in the subscription or promotion offer when you placed your order.
7.2. If you choose to cancel your Subscription, unless the terms of the Subscription offer or promotion you originally selected state otherwise, we will refund the unexpired portion of your Subscription. By cancelling a Subscription with a digital element you will no longer be able to access digital content for subscribers such as subscriber-only content on the antiquestradegazette.com website or in the Antiques Trade Gazette apps including subscriber-only issues you may have downloaded.
7.3. How to cancel - you may notify us of your wish to cancel your subscription by contacting our Customer Service team in writing by email at subscriptions@auctiontechnologygroup.com or by mail at: Antiques Trade Gazette Subscriptions, Auction Technology Group, The Harlequin Building, 65 Southwark Street, London SE1 0HR.
- Signing in to antiquestradegazette.com
8.1. If you are entitled to digital access as part of your Subscription, you will need to log in with your username (email address) and password at: antiquestradegazette.com/login or at other pages on which the sign in facility is made available.
8.2. If you cannot remember your password you can use the reset password option.
- Passwords and Responsibilities
9.1. It is your responsibility to keep your passwords and information up to date and confidential.
9.2. If you become aware of the loss, theft or unauthorised use of any password, customer ID or e-mail address or of any Antiques Trade Gazette Content you will immediately notify Auction Technology Group.
9.3. Your subscription is for your personal use only. You must not share your log-in details or password with any other person nor may you transfer your subscription to another person. Auction Technology Group may cancel or suspend your Subscription and your digital access - without further obligation to you - if you breach any of these Terms.
- Contract and Disputes
10.1. Auction Technology Group provides your Antiques Trade Gazette subscription in accordance with these Terms (and the terms of any offer or promotion that may apply to your Subscription). If you have any queries please contact the subscription customer service team on +44 20 3725 5507 or email subscriptions@auctiontechnologygroup.com
- Privacy Information
To view our full Privacy Notice please go to antiquestradegazette.com/privacy
To amend your Data Preferences please:
- Log on to antiquestradegazette.com, using your username and password and click on ‘My Account’
- Telephone +44 20 3725 5507
- Email subscriptions@auctiontechnologygroup.com
- Use of website
12.1. Basis of Use - upon acceptance of these Website Terms the User has a non-exclusive, non-transferable, non-sublicenceable licence to use the Service and download Content for its own personal non-commercial use in order to view the Website only. This licence shall include any other material downloaded from the Website unless other conditions apply to the use of that material (the "Licence"). The Website Operator has the right to revoke this Licence at any time or to remove Content from the scope of the Licence without notice.
12.2. The User agrees not to:
- use the Service in any way to either directly or indirectly prejudice the Website Operator's interests or those of its Licensors or affiliates and/or the provision and exploitation of the Service in any way;
- copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Website or the Service (other than to the extent required to view the Website as contemplated by 3.1);
- create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Website or the Service (by spidering or otherwise) or enable or permit others to do so.
12.3. The Website Operator shall make the Service available to Users in such forms as it reasonably deems appropriate from time to time.
12.4. The User shall provide at its own cost suitable access to the internet or equivalent through which the Service is intended to be delivered and the User shall assume sole responsibility for the configuration and maintenance of that access and the licensing and/or provision of any software required.
12.5. All products and services contained on or referred to on the Website (including Content that can be downloaded) are subject to availability and the Website Operator has the right to withdraw any product or service at any time without notice.
12.6. The Website Operator may update the Website regularly and may change the Content at any time without notice. If the need arises the Website Operator may suspend access to the Website or close it indefinitely. Any Content on the Website may be out of date at any given time and the Website Operator is under no obligation to update the Content. In addition the Website Operator may from time to time restrict access to parts of the Website or the entire Website to Users who have registered with the Website Operator.
12.7. The Website Operator reserves the right to make improvements, substitutions, modifications or enhancements to any part of the Service at any time.
12.8. The Content, commentary and other materials displayed on the Website are not intended to amount to advice on which reliance should be placed. The Website Operator disclaims all responsibility and liability arising from any reliance placed on such materials by any User of the Website, or by anyone who may be informed of the Content. Notwithstanding the above, the Content and all other material displayed on the Website is subject to the exclusions of liability set out in these Website Terms and the User should not rely on the Content or other material displayed on the Website as being accurate or up to date but should independently verify all information.
12.9. The Website Operator's Privacy Policy from time to time shall form part of these Website Terms.
- Data Collecting and Sharing
13.1. The User acknowledges and agrees that as provided in the Website Operator's Privacy Policy the Website Operator and its Technology Partners may collect, process and store personal data regarding the User.
- Title and Intellectual Property Rights
14.1. The Website Operator or its Licensors are the owners of all Intellectual Property Rights in relation to the Website and its Content and, except to the extent expressly permitted by the Licence granted in the Basis of Use clause 12.1 above, the User may not copy, extract, utilise, download, distribute, re-sell, use or publish (including by any means of electronic dissemination or extraction) the Content in any way without the prior written consent of the Website Operator.
- Warranty
15.1. The Website Operator does not provide any warranties in respect of the accuracy, operation or usefulness of the Service nor does it warrant that its operation will be uninterrupted or error free.
15.2. The Website Operator warrants that it shall endeavour to perform its obligations under these Website Terms with reasonable care and skill.
- Exclusions and Limits of Liability
16.1. Except to the extent expressly provided in these Website Terms the Website Operator makes no representation or warranty of any kind (express, implied or statutory) nor are any conditions included in relation to this Website or the Content. Website Operator excludes (to the fullest extent permitted by law) all such warranties, representations and conditions.
16.2. The Content is provided for general information only. Any advice or information received through this Website or its Content should not be relied upon as being correct or accurate as it the User's obligation to verify independently such matters from primary sources of information and/or by taking professional advice.
16.3. The User is not entitled to rely on the Content, the Service or any associated service of the Website.
16.4. Except in the case of death or personal injury arising from the Website Operator's own negligence or for the Website Operator's fraud, the Website Operator excludes all liability in contract, tort (including negligence), breach of statutory duty or otherwise for any costs, losses, claims, damages, expenses or proceedings incurred or suffered by the User arising directly or indirectly in connection with the Website and its Content including without limitation any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with the Website, its Content, the Service or associated services (including but not limited to information, advice, and all content and software downloaded from this Website), or due to any unavailability of part or all of the Website or any Content, the Service or associated services.
16.5. For the avoidance of doubt, all liability of the Website Operator for loss of profits, economic loss, wasted management time, special, incidental, indirect, and/or consequential loss or damage, is also expressly excluded to the fullest extent permitted by law.
16.6. The Website Operator accepts no liability or responsibility for the use made of the Services by the User or those under its control and, in particular but without limitation, the content of any information.
16.7. The exclusions and limitations of liability in these Website Terms are also for the benefit of the Website Operator’s affiliates (if any).
- Links to Other Internet Websites
17.1. The Website Operator aims to provide a high quality of service to its Users through the Website and for information and convenience the Website Operator may from time to time provide links to other internet websites. The inclusion of such hyperlinks, however, does not imply any endorsement, representation or warranty regarding those websites or the contents of those websites.
17.2. The User may not link directly or indirectly, or facilitate the linking of, the Website to any other website without the Website Operator's prior written consent provided that no consent is required for links made solely for the purposes of operating and providing a bona fide search engine although the Website Operator reserves the right at any time to require any such linking to cease.
- Indemnity
18.1. The User shall to the fullest extent permitted by law fully indemnify the Website Operator and each of its affiliates (if any) from and against all liabilities, demands, losses, costs, damages and actual expenses (including reasonable legal fees) suffered or incurred by or awarded against the Website Operator or any of its affiliates in consequence of or arising out of any actions of the User that are inconsistent with, or are in breach of, these Website Terms, any relevant national or international laws or regulations or arising out of the User's negligent, fraudulent or illegal use of the Service or which infringe the rights of others.
- Termination
19.1. The agreement constituted by these Website Terms including without limitation the Licence to use the Website and any or all of the Content may be terminated by the relevant Website Operator at any time without cause or notice.
19.2. Any termination of this Agreement will be without prejudice to any other rights or remedies of the Website Operator or any of its affiliates under this Agreement or at law and will not affect its accrued rights prior to the date of termination. Clauses 9, 10, 11, 12, 13, 14, 15, 16, 18, 20 and 21 shall survive the termination of this Agreement.
- Ancillary Provisions
20.1. Severability - if any of the provisions or part of a provision of these Website Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions or provision will not be prejudiced unless the substantive purpose of these Website Terms is then frustrated, in which case either party may terminate the Agreement forthwith on written notice.
20.2. Waiver - no forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
20.3. Assignment/sublicensing - the User may not assign or sublicense the Agreement or any benefits or interests arising under these Website without the prior written consent of relevant Website Operator.
- Governing law and jurisdiction
21.1. These Website Terms (and accordingly all visits to the Website) shall be governed by the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts. This is without prejudice to the Website Operator's right and that of its affiliates to commence proceedings anywhere in the world relating to the protection of its Intellectual Property Rights or those of its Licensors.
- Contacting Us
22.1. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at +44 (0)203 725 5507 or by e-mailing us at subscriptions@auctiontechnologygroup.com.
22.2. EU Online Dispute Resolution Service (ODR)/Alternative Dispute Resolution (ADR): please note we are required by law to provide a link from our website to the EU ODR Platform - //ec.europa.eu/consumers/odr/index_en.htm. Please also note that we are not obliged to use ADR should you have a complaint with us. If you do have a complaint with us which we cannot resolve using our internal complaints handling procedures we will contact you by letter or email about whether we are prepared to submit to ADR. Our email address for the purposes of ODR/ADR is support@auctiontechnologygroup.com.