Terms of Use - David Aaron

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

https://davidaaron.com/ (our “Website”) is owned and operated by David Aaron Limited (“David Aaron”, “us”, “we”, or “our”). We are registered in the United Kingdom under company number 09437657 and have our registered office at 64 New Cavendish Street, London, England, W1G 8TB, UK.

By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them. Use of our Website includes accessing, browsing and making enquiries over our Website. If you do not agree to these Terms of Use, you must not use our Website. We may revise these Terms of Use at any time. Please check this page regularly to take notice of any changes we make, as they are binding on you. If the changes are material, we will post a notice on our Website before the changes go into effect and will notify users who have provided us with their email addresses by email. These Terms of Use were last updated on 3 June 2021.

If you have any questions about our Terms of Use or on how to use our Website, please contact us at info@davidaaron.com or write to us at the above registered address.

Please also take the time to read our Privacy Policy which sets out the terms on how we process any personal data we collect from you and our Conditions of Supply, which record the contract between David Aaron and you when you purchase a Work from us.

ACCESSING OUR WEBSITE
1. Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may update, suspend, withdraw, discontinue or change all or any part of our Website or content without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
2. You are responsible for making all arrangements necessary to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
1. By using the Website, you acknowledge that we are the owner or the licensee of all intellectual property rights in our Website, and in the content published on it. The Website and all the content therein are protected by intellectual property rights, including copyright. All intellectual property rights in the Website and the content are hereby reserved and our Moral Rights are hereby asserted.
2. By acquiring a Work, you do not acquire any intellectual property rights in the content relating to that Work on our Website (such as pictures or videos of the Work), and any unauthorised use of the Website or content may violate intellectual property laws, privacy laws, communications regulations, statutes and treaties across the world.
3. You acknowledge that the Website, all content and any other portion thereof may not be reproduced, duplicated, copied, sold, resold, modified or otherwise exploited, in whole or in part, for any purpose without our written consent. In addition, you must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
4. If you breach these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
NO RELIANCE ON INFORMATION
1. The content on our Website is provided for general information only and to highlight Works for sale. It is not intended to amount to advice, statements or representations on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date. Purchases of Works from us are in accordance with our Conditions of Supply only, together with the exclusions contain therein which also apply to the content about Works advertised on our Website.
USER MATERIAL AND CONDUCT
1. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
2. You may link to our Website’s homepage, provided you do so in a way that is fair and legal and does not (in our discretion) damage our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our Website in any Website that is not owned by you. Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
3. If you wish to make any use of content on our Website other than that set out above, please contact us in writing.
LIMITATION OF OUR LIABILITY
1. Nothing in the Terms of Use limits or excludes our liability for: (a) death or personal injury caused by negligence; or (b) fraud or fraudulent misrepresentation.
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Website; or use of or reliance on any content displayed on our Website. In particular, we will not be liable for any loss of profits, loss of business, goodwill, loss of anticipated savings or for any special, indirect, incidental, or consequential loss, costs, damages, charges or expenses to the fullest extent permitted by law.
4. We do not guarantee that our Website will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.
5. We assume no responsibility for the content of Websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.
MISCELLANEOUS
1. If any part of the Terms of Use is held unlawful or unenforceable that part shall be struck out and the remaining terms shall remain in effect. We hereby exclude to the fullest extent permitted by law, any rights of third parties.
2. Neither we, nor you, shall be liable for any failure of, or delay in, the performance of each of our respective obligations for the period that such failure or delay is due to causes beyond our respective reasonable control, including, but not limited to, acts of God, pandemics, war, fire, terrorist activity, strikes or labour disputes, embargoes, or government orders or regulation.
3. Any notice pursuant to or in connection with these Terms of Use shall be in writing and delivered by hand or by post to our registered office or by email to info@davidaaron.com, and in the case of us sending a notice to you, to the email address or postal address provided to us by you via our Website. Notices are deemed delivered on delivery if by hand or the third day after posting, or if delivered by email, immediately upon transmission if transmitted during normal business hours in the country of the recipient, or otherwise on the following business day.
4. The Terms of Use and any non-contractual obligations arising from or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and shall be subject to the non-exclusive courts of England and Wales.