terms and conditions

TERMS AND CONDITIONS

Last updated on 1st November 2017

INTRODUCTION

BETA Art Kenya (“BETA Art Kenya,” “we” or “our” or “Company”) provides a service for selling and purchasing original works of art and commercially exploiting digital images of works of art (the “Service“, collectively the “Services“) through our website, accessible at www.BETA-art.co.ke (the “Site“). Please read carefully the following terms and conditions (“Terms“) and our Privacy Policy, which may be found at http://thebetaart.com/privacy-policy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and BETA Art Kenya.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

UPDATING OF THESE TERMS AND CONDITIONS

BETA Art Kenya reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

PRIVACY

See BETA Art Kenya Privacy Policy at http://thebetaart.com/privacy-policy for information and notices concerning BETA Art Kenya’s collection and use of your personal information.

TERMS AND CONDITIONS FOR BUYERS

  1. USE OF THE SITE

1.1    You may only use the Site to browse its content and make legitimate purchases of Works available for sale on the Site. You may not use the Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.

1.2   In using the Site you agree not to use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party;

1.3   You agree not to use the Site in any manner that could damage, disable, and overburden or impair the Website or interfere with any other party’s use and enjoyment of the Site;

1.4 You agree not to attempt to gain unauthorized access to any of the services, other accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.

 

  1. CONTENT DISPLAYED ON THE SITE

2.1.    You agree that the images of the Works displayed on the Site (“Site Images”) are guidelines only.

2.2.    BETA Art Kenya has taken reasonable care to ensure that the Works are presented as accurately as possible and will accept no responsibility for differences between the Site Images and the actual Works. You understand and agree that BETA Art Kenya uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, BETA Art Kenya is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.

2.3.  The Site and its content, including but not limited to the Site Images, may not be copied, modified, reproduced, republished, posted, transmitted, transferred or sold, displayed, or in any way exploited, in whole or in part, except as is expressly permitted by BETA Art Kenya.

2.4.    BETA Art Kenya reserves the right to modify or withdraw, temporarily or permanently, the Site (or any part of thereof) with or without notice to you and you hereby agree that BETA Art Kenya shall not be liable to you or any third party for any modification to or withdrawal of the Site.

 

  1. LIMITATION OF LIABILITY

3.1.    The Site and its content are provided “as is” without warranty of any kind, either expressed or implied. Without limiting the generality of this clause, the following warranties are expressly excluded:

  1. a) merchantability or fitness of the Works for any particular purpose;
  2. b) compatibility of the Site with your technology, equipment or software;
  3. c) compliance with any law;
  4. d) uninterrupted or error free functionality of the Site;
  5. e) correction of defects; and
  6. f) non-infringement of any rights.

3.2.   Whilst BETA Art Kenya has taken reasonable measures to ensure the integrity of the Site and its content, no warranty, whether express or implied, is given that any files, downloads or applications available via the Website are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.

 

3.3.     You agree that BETA Art Kenya does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of BETA Art Kenya’s control.

 

3.4.    In no event shall BETA Art Kenya be liable for any loss or damages including direct, indirect, incidental, special or consequential damages of whatsoever nature whether based in contract, delict, strict liability or otherwise, arising out of or in any way connected with the use of the Site, the inability to use the Site, the operational failure of the Site, or for any information, data, products, and/or services obtained through the Site.

 

3.5.    Insofar as the Site contains links to any other internet websites, you acknowledge and agree that BETA Art Kenya has neither the power nor control over any such websites and shall not be liable in any way whatsoever for the content of any such linked websites, nor for any loss or damage arising from your use of any such websites.

 

3.6.    The use of this Site is expressly forbidden in those territories where the law does not allow any provision in this clause 4 to take full effect.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

4.1.     All content included on the Site such as text, images, graphics, button icons, images, audio clips, databases, software, and names, images, and logos or marks identifying BETA-art.co.ke and/or any third party is the property of BETA Art Kenya or its content suppliers and protected by Kenyan and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of BETA Art Kenya and is protected by Kenyan and international copyright laws. The Artists represented on the Site have granted a license to BETA-art.co.ke for all images uploaded to be available for use in support of marketing and promoting the Site. BETA Art Kenya hereby grants you permission to electronically copy and print portions of the Site for the sole purpose of placing an order for a Work with BETA Art Kenya. Unless otherwise explicitly stated by BETA Art Kenya, the copyright of any Works remains with the originating artist.

 

4.2.     All Works are owned solely by the relevant Artists and are subject to Kenyan and international copyright laws. The Artist warrants that he has the title to and owns the Works represented to be owned by him on the Site.

4.3.     The sale of the copyright in a Work is a separate transaction and not part of the sale of the Work unless otherwise agreed in writing between yourself and the Artist.

4.4.     Any misuse of the content on the Site, including without limitation, reproduction for purposes other than those specified in 4.1 above, modification, distribution or republication of any part of such materials without the prior written permission of BETA Art Kenya, is strictly prohibited.

4.5.     Nothing contained in these Terms and Conditions shall be construed as conferring upon you, expressly or by implication, any license or right to use any trademark, patent, design right or copyright owned by BETA Art Kenya, the Artist or any third party.

 

  1. PRODUCT AVAILABILITY

 

5.1.     Works which are not available for purchase will not be added to your shopping basket. However, due to the fact that each work is unique there is a possibility that work that has been checked out may be unavailable for purchase. For this reason payment is only requested once the checkout process is complete and your order has been confirmed by BETA Art Kenya.

 

5.2.     BETA Art Kenya shall not be liable, directly or indirectly, for any loss or damages of whatsoever nature suffered by you due to the unavailability of any Works featured on the Site for any reason whatsoever.

 

  1. ONLINE PAYMENT – Pesapal

All online credit card payments and mobile phone are processed by Pesapal. Card Holders may go to https://www.pesapal.com

  1. PURCHASES OF ORIGINAL WORKS OF ART

As a Member, you may purchase Original Works of Art that are listed on the Site. When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from BETA Art Kenya and not from the Artist identified on the listing for such work. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified upon check out. BETA Art Kenya will collect your billing and shipping information and process your payment. BETA Art Kenya will ship the purchased work directly to you. The terms and conditions of BETA Art Kenya’s then-current Return Policy apply to any Original Works of Art that you purchase through the Site and Services.

  1. DELIVERY POLICY

When you click to make a purchase, your right to a refund of monies charged to your credit card or paid in any other way agreed by BETA Art Kenya, are limited by BETA-art.co.ke’s Purchase Process. You are directed not to make any purchase through this Website unless you understand and agree to the Purchase Process. Once payment is made for the purchase, it is deemed that you have read, understood and agreed to the Purchase Process.

 

  1. RIGHT TO CANCEL

BETA Art Kenya reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the site if the company determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If the company cancels an order placed via the Site and Services, BETA Art Kenya will send you an email confirmation of such cancellation and you will not be charged for your order.

Cancellations by the buyer will only be permitted if the artwork has not yet been dispatched by the BETA Art Kenya.

  1. VIOLATION AND WAIVER

10.1.    If BETA Art Kenya should fail to enforce any right or provision in the Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in the Terms and Conditions.

 

10.2.    If a court should find that one or more rights or provisions set forth in the Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

 

  1. PERSONS UNDER THE AGE OF 18

11.1  If you are under 18 years of age you agree that you have had your parents or legal guardians’ permission to send any information to us about yourself or anyone else over the internet.

 

11.2   BETA Art Kenya makes no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.