QBI is proud that you are interested in our Site, products and services. QBI takes all reasonable steps to comply with all appropriate laws and regulations and takes all reasonable steps to ensure the Content of its Site and the data we provide is accurate. Also, we take all reasonable steps to ensure the QBI site has appropriate levels of security that both protect Our Intellectual Property and copyright as well as protects our Clients’ privacy.

If you have an issue in the first instance, please contact info@qbiltd.com and give us a reasonable opportunity to address the matter.

Version date: 13 January 2017

Terms and Conditions of Use

  1. 1. Introduction
  2. 2. Privacy
  3. 3. Data Collection
  4. 4. About the Site
  5. 5. Applicability of online materials
  6. 6. Modifications to offering
  7. 7. Liability
  8. 8. Your remedies
  9. 9. Proprietary rights
  10. 10. Subscription
  11. 11. Pricing
  12. 12. Refunds
  13. 13. Linked sites
  14. 14. Availability of the site
  15. 15. Termination
  16. 16. Choice of Law
  17. 17. General
  18. 18. Notices
  19. Appendix on - Privacy Policy
  20. Appendix two - Image Attribution

 

TERMS AND CONDITIONS OF USE

1. Introduction

Please read these terms and conditions (the Terms) carefully before subscribing to or registering with the Site operated by Quality Benchmark Information Ltd (QBI, we, us or our) to be found at http://www.qbiltd.com/ (the Site). By subscribing to, registering with, accessing or using the Site you (meaning yourself and any company or other entity or business for whom you work or otherwise represent) agree to be legally bound by these Terms as they may be modified and posted on the Site from time to time. If you do not agree to the Terms (or are not authorised to do so) you should not register, subscribe or access the Site.

2. Privacy

Quality Benchmark Information Ltd is strongly committed to privacy issues, and our privacy statement details our approach on such issues. By using the Site and submitting any personal data, you agree to the use by Quality Benchmark Information Ltd of such data in accordance with this privacy statement. If you have questions or privacy issues, please email info@qbiltd.com

3. Data Collection

We only collect identifiable personable data or information that is specifically and voluntarily provided by a visitor to the Site and through the use of cookies. We receive limited identifiable information, such as name, title, company address, email address and telephone numbers from visitors to the Site.

Typically, identifying information is collected to:

    • Register for certain areas of the Site
    • Enquire for further information
    • Distribute requested reference materials and email newsletter
    • Improve our website to provide the most appropriate products and services.

Financial information taken for subscription purposes is not retained.

4. About the Site

The Site includes online information relating to the art market. The material, information and Content on the Site or any other information sent to you by email or any other means (‘the Content’) does not constitute any form of professional investment or other advice, recommendation, representation or endorsement and should not be relied upon by you in making (or refraining from making) any business investment or other decision. Appropriate independent advice should be sought before making any such decisions. We are not responsible for any use of the Content by you outside its scope as stated in these Terms. It is solely your responsibility to evaluate the accuracy, completeness usefulness and fitness for any purpose of all details of opinions, comment and other information provided on the Site or sent to you by QBI.

In accessing the Site you agree not to:

    • impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
    • share individual usernames and passwords.
    • make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (e.g. names or addresses) without their prior consent or which would otherwise infringe any person’s rights;
    • damage, interfere with or disrupt access to the Site or do anything that may interrupt or impair its functionality;
    • publish, post, distribute, disseminate or otherwise transmit defamatory, offensive infringing, obscene, abusive, indecent, untrue, inaccurate, misleading or other unlawful or objectionable material or information or any other material or information which is in breach of any applicable laws, rules, regulations or market conventions;
    • threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
    • make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, Trojan horses, worms, cancelbots or any other harmful software;
    • falsify the true ownership of software or other material or information contained in files made available via the Site;
    • obtain or attempt to obtain unauthorised access, through whatever means, to the Site, other services or computer systems or areas of our or any of our partners’ networks;
    • set up links from any website controlled by you to any part of the Site without our express written permission. See section 13 below 

5. Applicability of Online Materials

The Site is controlled and operated by us from our offices in England. We make no representations that the Site or the Content are appropriate or available for use in other locations. You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any Content uploaded, distributed or stored by you does not infringe the rights of others.

6. Modifications to Offering

We reserve the absolute right to alter, suspend, withdraw or discontinue without notice any aspect of the Site or the information including your access to it. Unless explicitly stated any new features or information on the Site shall be subject to these Terms or revised Terms that we will place on our website from time to time.

7. Liability

Unless expressly stated, we do not make any representations nor give any warranties in respect of the site. To the extent permitted by the applicable law, we hereby exclude all warranties, conditions, representations or duties whatsoever and howsoever arising (whether expressed or implied) including but not limited to any representations or warranties as to the ownership of intellectual property or other rights in the Site and the Content or the satisfactory or the satisfactory quality, merchantability or fitness for a particular purpose of, any goods or services referred to at any time on the SITE, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, availability or workmanlike effort.

7.1 Our Liability Exclusion

To the fullest extent allowed by applicable law, you agree that we will not be liable to you or your business under any circumstances whatsoever (whether in contract, negligence or any other tort, breach of statutory duty or otherwise) for any loss of profits, income, business interruption, loss of business information or for increase in any costs, liabilities or expenses or any other loss whatsoever and however arising directly or indirectly out of or in connection with or relating to the site and we shall not be liable for any loss, damage, costs, expenses or other liability which you incur or suffer as a result of your use of the site or the provision of the subscription services (as defined in section 10 – Subscription)

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the site and is compatible with the site. You also understand that the site or any material available for downloading from the site or sent to you by email will be free from infection, viruses, worms and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

We take all such steps as are reasonably necessary to provide a fast and reliable service but exclude to the fullest extent permitted by law any liability for the security of the services on the site or for any disruption of the Site however caused, loss of or corruption of any material in transit, loss of or corruption of material when downloaded onto any computer systems or loss or corruption of material on your computer system however caused.

8. Your Remedies

QBI shall use reasonable endeavours to promptly remedy any faults in the site of which we are aware. If you have an issue in the first instance contact info@qbiltd.com explaining the problem and give QBI a reasonable opportunity to address the matter.

You agree that your only other remedy (including for negligence) for any damages that you incur arising out of your use of the Site (to the extent that our liability is not excluded by Section 13 – Linked Sites) is as follows:

If you have subscribed to receive any subscription services, your remedy is limited to the direct loss you actually incur arising out of your use of the site. This is subject to a limit equal to the annual fee paid by you to us pursuant to these terms during the year in which the loss is incurred and is pro rata based on the remaining months left in your paid for subscription period or number of searches left if your subscription is for a limited searches bundle. Alternatively you may at your own option receive subscription services to the value of this limit in place of monetary damages

If a court of competent jurisdiction determines that either of the above limits on our liability are unenforceable, then you agree that in any event our total liability to you shall not exceed damages greater than twice the value of the highest then applicable annual subscription fee for the services to which your claim relates.

8.1 Other Information

Without limiting the above, you acknowledge and agree that we shall not be liable for matters beyond our reasonable control. QBI does not control telephones, third party communications, networks (including your internet service provider) or the internet or the acts of third parties.

Notwithstanding anything else contained in the provisions of Section 7 – Liability, our liability will not be limited in the case of death or personal injury directly caused by our negligence.

You understand and expressly agree that use of the site and information is at your sole risk, that any content, material and/or data downloaded or otherwise obtained through your access to and use of the site (including receipt of content by email) is at your own discretion and risk and that you will be solely responsible for any damage to or infection or corruption of, any computer system whatsoever which in any way results from the downloading of receipt of such content, material and/or data.

9. Proprietary Rights

The Content is protected by international copyright, database right and other intellectual property rights owned by us or third party licensors. All product and company names and logos mentioned on the Site may be trademarks, service marks or trading names of their respective owners, including us.

You may display the Content to one person electronically on a single computer, download and store one copy of the information in machine readable form, print (but not photocopy) one copy of the information and store such pages for caching purposes only.

Data provided by QBI whether written or in graph form may be included in presentations, reports and related documents only if Quality Benchmark Information Ltd is acknowledged as the source of the data, graph or other QBI content. QBI logos must not be modified or removed.

Except in the case of information you have placed on the Site, you may not do any of the following without our prior written consent, or the prior written consent of the owner of the intellectual property rights if different:

    • Download, display or store any of the Content otherwise than as permitted above;
    • Modify, adapt, create derivative works of or in any way commercially exploit any of the Content.
    • Sublicense, rent, lease, transfer or attempt to assign the rights in the Content to any other person, make the materials available on a network, use the information in any manner, or transfer or export the Content or any copies into any country, other than in the information other than in accordance with the Terms and the subscription agreement;
    • Redistribute any of the Content (including using it as part of any library, archive or similar service;
    • Remove the copyright or trade mark notice(s) from any copies of the Content permitted in accordance with these Terms;
    • Systematically or regularly download, store or print any of the Content so as to create a database in electronic or paper form;
    • Deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes 

10. Subscription

Registration

To access some of the features on the Site (“SIGN UP”) you will need to become a registered User. All applications to sign up are subject to our absolute discretion and can be cancelled without refund in the event of a breach of these Terms.

To register, you will be required to complete the SIGN UP pages on the Site, enter your email address and choose a password. You will have to submit your email address or username and password each time you enter the Site. You must ensure any information you provide as part of the subscription process or registration process is accurate and complete and that its provision and content does not contravene any applicable law or any third party rights. It is your responsibility to update and maintain any changes to that information, including your email address, by altering your details as appropriate.

When you sign up to use the Site you will be required to indicate that you have read, understood and accept these Terms and Conditions by ticking the box called “I AGREE”. You will not be allowed to register unless you indicate your acceptance of these Terms and any other terms and conditions that may apply.

We will treat any information you provide in order to register you as a user in confidence. However, we do not give any warranties as to the security of the Site and all information you supply to us is supplied at your own risk and subject to these Terms as amended from time to time.

Registration is for a single user only, unless we agree otherwise in writing. For Corporate purchasers of Corporate Unlimited Access, one representative takes responsibility for signing up and then setting up the five licensees who will have access under this level of subscription. User IDs and passwords should not be shared.

If you provide us with an email address that will result in emails or SMS messages that we send to you being sent via a computer or telephone network operated or owned by a third party such as your company or college, then you warrant that you are entitled to receive those messages. You acknowledge that we may refrain from sending you such messages even if you have subscribed to receive them, if we receive a request from a third party to stop sending emails to you.

We allow you access to the Products and Services on the basis that:

    • Your user name and password are personal to you and may not be used by anyone else;
    • You will not do anything that would assist anyone who is not a registered user/licensee to gain access to any area of the Site which should only be available to licensed signed up subscribers;
    • You do not maliciously create additional usernames for the purpose of abusing the functionality of the Site or other users; nor do you seek to pass yourself off as another user by adopting a similar username;
    • You comply with these Terms.

If for any reason we believe that you have not complied with these requirements or any other provision of these Terms, we may, at our discretion, suspend or cancel your access to the Subscription Services. If we wish to terminate your registration, we will do so by emailing you at the address you have registered stating that your registration has been terminated. Your username and password will become invalid immediately.

You agree to pay any subscription fees at the rates in effect when the charges are incurred.

You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to us you warrant that you are entitled to purchase the subscription using those payment details. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your subscription.

We will try to process your subscription promptly but do not guarantee that the Subscription Services will be available to you by any specified time. A contract with you for receipt of the Subscription services will come into effect when we send you an email message confirming your subscription details and not before.

Unless otherwise agreed in in writing, we will charge you in British Pounds Sterling. All credit card payments will be charged in British Pounds Sterling irrespective of the service and your country of residence. When necessary, you will be responsible for notifying your own local authorities of transactions with QBI and you may also have to pay any applicable local taxes.

11. Pricing

The sign up price is set out on the pages which contain our sign up process. You can take out either an annual or monthly subscription or purchase a single subscription bundle. If we give you a free trial, you will only be charged when you sign up for a ‘paid for’ subscription. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. Your Internet Service Provider and/or telephone operator may also charge you for time spent accessing the Site in the same way you pay for telephone calls or browsing other websites.

Cancelling or Changing Your Subscription

When you subscribe, we may give you a free trial. You may cancel your subscription at any time during any trial period by emailing info@qbiltd.com

Following the expiry of any trial package or if you have not received a free trial prior to subscription, you may cancel your subscription at any time by emailing info@qbiltd.com. Any cancellation will be effective once we confirm notice of it. Subscriptions are non-refundable unless otherwise agreed by us in writing in advance. However, they may be assigned to another individual within your organisation as an alternative. Before any such assignment is effective, the assignee must provide to us all details necessary to become a registered subscriber in accordance with these Terms including, without limitation, their email address, a password, payment details, etc. and must expressly agree to be bound by these Terms. No assignment of your subscription shall be valid until expressly confirmed in by us.

12. Refunds

QBI does not normally offer refunds. If a refund is requested by a signed up user this will be considered by QBI and only agreed to in whole or part if QBI is satisfied that there is insufficient information to produce the requested index and that QBI is unable to produce the required index manually. Prior to requesting a refund clients must contact QBI, explaining the information required and giving QBI a reasonable opportunity to provide it.

13. Linked Sites

We may provide hypertext links to sites on the Internet which are operated by independent third parties (‘Third Party Sites’) who we believe offer services and/or products which complement those offered by us. You acknowledge that we have no control over and are not responsible for the content or availability of any Third Party Site and give no warranty and make no representations in respect of this. Furthermore, we give no warranty and make no representations whatsoever about or in respect of any goods or services purchased or obtained from or offered to you through such sites. If you do purchase any goods or services from a Third Party Site, then your contract for such goods or services will be with the third party and not with us.

In addition, a link to any Third Party Site does not mean that we endorse or accept any responsibility for the content or the use of such a site. You acknowledge that we do not examine or edit the contents of any Third Party Site. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Third Party Site, Any concerns regarding any external link to any Third Party Site should be directed to the operator of that site.

The Site may also contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error, omission or inaccuracy appearing in any advertising or sponsorship material. Please refer to our privacy policy at www.qbiltd.com (Appendix One) in relation to the use of cookies.

Please email info@qbiltd.com if you wish to create a link to the QBI homepage on your website. If we agree to a link you will not imply that QBI endorses your products or services nor will you misrepresent the nature of the relationship between you and QBI. You must not link QBI to any site that may be considered distasteful or offensive.

QBI reserves the right to require a link to be removed if there is a breach of these Terms.

14. Availability of the Site

We will endeavour to make the Site available but cannot guarantee that the Site will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Site and, in particular you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, Site, router or any other Internet connected device. All conditions. Warranties or representations, whether express or implied, as to the content, operation or supply of the services provided by the Site are expressly excluded to the fullest extent permissible by law.

In addition the service may be temporarily discontinued for planned maintenance. Such planned downtime will be kept to the minimum time to achieve the necessary maintenance and notification will be emailed to registered users. Subject to the nature of the planned works, these events will usually be timed for the quietest periods of Site activity.

15. Termination

We may terminate the provision of the Site or restrict your access to it, either temporarily or permanently, without any prior notice to you where (by way of example and without limitation):

There is a regulatory or statutory change limiting our ability to provide the Site; Any event beyond our reasonable control prevents us from continuing to provide the Site (for example, without limitation, technical difficulties, capacity problems and communications failures); We consider in our sole discretion that you are abusing the services provided by the Site or are otherwise acting in breach of these Terms; Where it is necessary for the maintenance or upkeep of the Site.

16. Choice of Law

These Terms shall be governed by and interpreted in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms.

We shall however, retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

17. General

You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.

We may assign or subcontract any or all of our rights and obligations under these Terms.

We may alter these Terms from time to time and post the new version of the Site. We indicate at the beginning of these Terms the date on which they were last updated. If you use the site after we have published such changes, you are agreeing to be bound by them.

If any provision or term of these Terms, or any part of any provision or term, shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision or part thereof shall be divisible from and be deemed to be deleted from them. The validity of the remaining terms will be unaffected and they shall remain in full force and effect.

18. Notices

All notices shall be given by email info@qbiltd.com or to you at either the email or postal address you provide during the registration process. Notice will be deemed received one working day after email is sent or three (3) days after the date of posting.

We will use any personal data collected during your use of the Site in accordance with current UK data protection legislation. You should view our privacy policy also available on this site http://www.qbiltd.com and below at Appendix One.

Appendix One – Privacy Policy

Quality Benchmark Information Ltd. (QBI) Privacy Policy Statement

This online privacy policy is designed to tell you about how we collect and use information so that you ("User" or "you") can make an informed choice about using the website identified by the URL www.qbiltd.com and/or any website which is automatically redirected to that website (together, the "Website") operated by QBI Ltd. (registered in the UK).

What Information Do We Collect?

When you undertake to register yourself to receive e-mail newsletters or to subscribe for QBI products and services on this Website we ask for your full name, job title and e-mail address, and from time to time the e-mail addresses and additional contact details of those who communicate with us via e-mail and request information ("Personal Data").

Use of Personal Data

Any Personal Data that you give us will be treated with the utmost care and security. It will not be used in ways to which you have not consented. The Personal Data we collect is used to provide you with the service that you have requested or to respond to an enquiry that you have made. We use certain third party service providers to assist us in providing these services to you, for example, site hosting.

The Personal Data we acquire via the email alert service will not be used for marketing purposes except where you have indicated that we may do so during the registration process

We will not sell, rent or loan any Personal Data or identifiable information collected on this Website to any other party.

The information collected from this Website could be stored for as long as is required for the uses stated above.

Users' Right to Opt-out

If you do not want to continue to receive the email communications from us please let us know by sending an e-mail to info@qbiltd.com

Period of Grace

Should you request that we amend or suppress records containing your Personal Data we will endeavour to do so as promptly as practical; however you may receive communications for a transitional period whilst we process your records.

Use of Cookies and Log files

A cookie is a small text file written to an individual's hard drive that contains the user ID. The cookies do not contain any personal information about Users and in themselves only record those areas of the Website that have been visited by the computer in question, and for how long.

The use of cookies is now widespread by websites in order to track traffic flows. From time to time we may use cookies to enable us to offer certain time-saving features to our Users. These may be used to administer the Website, track Users' movements and actions, and gather broad demographic information for aggregate use. The information gathered would then be used to improve the Website and the User experience.

You can find out more about the use of cookies and how you can remove them by going to the Interactive Advertising Bureau website http://allaboutcookies.org or http://www.cookiecentral.com. You should note that if a User sets up his browser to reject the cookie, he or she may still use the Website although functionality will be impaired.

Hyperlinks

This Website contains links to other websites. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the said websites. QBI is not responsible for the privacy practices, nor do we accept any liability in connection with the content of such websites which have their own privacy policies tailored for the particular business practices and sectors in which they operate.

Changes/Updates to Privacy Policy

In order to keep up with changing legislation and best practice, we may revise this Privacy Policy at any time without notice so please check back periodically so that you are aware of any changes. This Privacy Policy should be read in conjunction with and is subject to our Terms.

Contact Us

If you have any questions about this privacy pledge or feel that your privacy has been compromised, please contact us at info@qbiltd.com or alternatively:

QBI Ltd - Studio 4, Harpers Hill, Nayland, Suffolk, CO6 4NT

Appendix Two – Image Attribution