GENERAL TERMS AND CONDITIONS FOR THE USE OF THE ANS AZURA PLATFORM
v.2022030101
I. Introduction
This document presents the general terms and conditions under which one can access and use the Ans Azura platform (hereinafter the “Ans Azura Platform”), hereinafter “General Terms and Conditions”, an on-line web-based service, provided “as is”, managed by Ans Azura S.R.L., a limited liability company, incorporated in Romania, registration no. J23/5576/2020, tax no. RO43351692, telephone: +40 759 333 334, e-mail: ansazura@ansazura.com, contact address: 3A Emanoil Porumbaru Street, District 1, Romania (hereinafter the “Company” or “Ans Azura”).
Ans Azura is a digital platform for Central-Eastern European and Middle Eastern art where you discover and purchase works of art via our online auctions, curated exhibitions and private sales.
The Company has the right to modify the content of this document at any time; the latest version can be consulted at any time by accessing the dedicated General Terms and Conditions section, the applicable version of this document being the one published on the Ans Azura Platform at the date of reporting. If one does not agree with the modified General Terms and Conditions, one may at any time stop using the Ans Azura Platform. Continuing to use the Ans Azura Platform after the modification of the General Terms and Conditions leads to the implicit acceptance of the General Terms and Conditions as modified.
Any reference to the singular also includes the plural and vice versa.
II. Definitions
2.1 User: individuals compliant with the legal provisions in force regarding e-commerce who access the Ans Azura Platform in order to view and explore its content, a visitor of the Ans Azura Platform. Users may not have access to all the features of the Ans Azura Platform.
2.2 Member: Users who register / create an account with the Ans Azura Platform. To become a Member, a User has to follow the steps for registration. The registration process can be made in 2 steps –step 1– creation of the account allowing the Member to access the to browse the Ans Azura Platform, to follow auctions, save the works of art in which they are interested in or request alerts regarding their areas of interest; and step 2 – finalising the enrolment procedure by providing the data needed for performing the KYC and AML checks and receiving full access to the Ans Azura Platform, namely the possibility to register and participate in auctions and complete direct sales; the Company has the right to unilaterally determine, at any time, if a Member meets the Company’s criteria for membership. A Member is also a User, but a User is not automatically a Member.
2.3 Profile: section of the Ans Azura Platform that allows Members to change the password or to personalize features of the Ans Azura Platform.
2.4 Agreement with the Company: a distance agreement for the use of the Ans Azura Platform, concluded between the Member and the Company, without the physical presence of neither party. By registering with the Ans Azura Platform, the Member (personally and/or on behalf of a legal entity) enters into a binding legal agreement with the Company, under these General Terms and Conditions to access and benefit from the Ans Azura Platform’s features and content in general (the “Services”). When acting as bidder or buyer, the Member is also bound by the Buyer’s General Terms and Conditions and when acting as seller, the Member is also bound by the Seller’s General Terms and Conditions and by the Specific Terms and Conditions signed by the seller and the Company. If one wishes to terminate the agreement, one can do so by closing the account and no longer using the Ans Azura Platform. The Company has the discretional right of choosing the persons registering/authenticating on the Ans Azura Platform and may, at any time, unilaterally terminate the Agreement.
2.5 Content: (a) all information on the Ans Azura Platform that can be visited, viewed or otherwise accessed; (b) the contents of any e-mail sent to the User / Member, by electronic means and / or any other available means of communication; (c) any information communicated to the User / Member by any means by the Ans Azura Platform, in accordance with the contact information provided by the User / Member; (d) information related to auctions/direct sales; (f) data relating to the Company, the Ans Azura Platform or other privileged data thereof.
2.6 Notifications/Notices: the means of periodic, exclusively electronic information (e-mail, dedicated section of the Ans Azura Platform) on the auctions, direct sales, other advertising messages from the Company or any other notifications that may be of interest to the Members. Preferences regarding Notifications are made by accessing the options provided in the Profile or Settings section or by contacting the Company at the following e-mail address: ansazura@ansazura.com. Waiver of receipt of Notices does not imply waiver of acceptance of these General Terms and Conditions.
2.7 Feedback: Ans Azura allows the User or Member to submit an evaluation based on personal experience regarding the Ans Azura Platform by sending an e-mail to ansazura@ansazura.com. In order to provide feedback, the User / Member must provide his/hers first name and e-mail address.
2.8 Personal Data: the personal data provided by the Member when registering or when using the Ans Azura Platform: full name, e-mail address, phone number (optional), username, date of birth, image, data collected by cookies and all other data requested by the Ans Azura Platform when creating an account. Users’ personal data that may be processed consists of their full name, e-mail address, data collected by cookies and all other data referred to under the Privacy Notice.
2.9 Misuse: the use of the Ans Azura Platform in a manner contrary to the Ans Azura Platform’s rules, the practice in the field, the regulations and the legislation in force or any other way that may cause damage to the Company and / or its collaborators and / or other Users or Members. Apart from termination of the Agreement, the misuse may attract civil or criminal liability of the person / persons responsible. Misuse includes the publication of obscene, defamatory, threatening or malicious feedback / messages to the Company and / or Users / Members, and materials or information prohibited by applicable law.
III. Accessing the Ans Azura Platform
General access
3.1 The Ans Azura Platform is accessible from most electronic devices that have a web browser and a stable internet connection.
3.2 Any User can access the Ans Azura Platform free of charge, as long as it meets and complies with the conditions set forth in this document. A User’s access to the Ans Azura Platform is limited to the following: (i) viewing the information available on the public pages of the Ans Azura Platform (the ones that do not require the quality of Member); (ii) downloading free resources, if available; (iii) sending Feedback; (iv) contacting the representatives of Ans Azura; (v) registering if all requirements are met.
Membership
The specific details on how to become a member, termination of membership, permitted and restricted actions can be read in the Buyer’s General Terms and Conditions.
IV. Intellectual Property Rights
4.1 NO content existing on the Ans Azura Platform can be downloaded without Ans Azura’s prior consent. The Company respects the intellectual property of others, and asks Users and Members to do the same.
4.2 Members acknowledge and agree that the Ans Azura Platform may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the Company, Members agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Ans Azura Platform, including any of its Content, in whole or in part, except that the foregoing does not apply to the Members own user content that they legally upload to the Ans Azura Platform.
4.3 Members will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If a Member is blocked by the Company from accessing the Ans Azura Platform (including by blocking the IP address), the Member agrees not to implement any measures to circumvent such blocking (e.g., by masking the IP address or using a proxy IP address).
4.4 Any use of the Ans Azura Platform other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Ans Azura Platform or distributed in connection therewith are the property of the Company, its affiliates and partners. The Member agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Ans Azura Platform. Any rights not expressly granted herein are reserved by the Company.
4.5 The Company’s name and logos are trademarks and service marks of the Company. Product and service names and logos, art pieces used and displayed via the Ans Azura Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these General Terms and Conditions or on the Ans Azura Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company’s trademarks displayed on the Ans Azura Platform, without the prior written permission in each instance. All goodwill generated from the use of the Company’s trademarks will inure to the exclusive benefit of the Company.
4.6 Members acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these General Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its Users and the public.
V. Personal Data Protection
5.1 Any processing of personal data of the Users / Members is carried out in accordance with the legal provisions in force, in the manner and through the means provided in the Privacy Notice.
VI. Confidentiality
6.1 The Company will maintain the confidentiality of any information it receives, with the exceptions set forth in these General Terms and Conditions. The disclosure of the information provided may be made only under the conditions mentioned in these General Terms and Conditions.
6.2 No public statement, promotion, press release or any other disclosure to third parties will be made by the Users / Members regarding the Ans Azura Platform and the contractual relationship with the Company without their prior written consent of the Company.
VII. Force Majeure
10.1 Neither Party shall be held liable for partial or total non-compliance or delay in fulfilling the obligations assumed, when the respective non-fulfilment or delay was caused by a force majeure event.
10.2 The Party invoking force majeure is required to inform the other Party in writing within a maximum of 15 (fifteen) days from the date of commencement of the force majeure event and is required to take the necessary measures to limit its effects only if these measures are not too onerous.
10.3 The Party invoking force majeure shall also notify the other Party of the termination of the case of force majeure event within five (5) days of termination.
10.4 If the case of force majeure lasts more than 15 calendar days, either Party may terminate the agreement, by written notice to the other Party, without the intervention of the court and without any obligation to pay compensation in this case.
10.5 For the avoidance of any doubt, pecuniary obligations arisen from the use of the Ans Azura Platform are not affected by the force majeure event.
VIII. Statements and General Limitation of Liability
11.1 The Company declares that it has all the necessary authorizations, approvals, qualifications and experience in order to run and provide the Ans Azura Platform.
11.2 By using the Ans Azura Platform, Users / Members express their choice and confidence regarding the Company and the services offered by the Company.
11.3 Users / Members are required to ensure their devices meets the necessary specifications for running the Ans Azura Platform, all costs involved being borne by the Users / Members (compatible devices, active internet connection etc.).
11.4 Under no circumstances may the Ans Azura Platform be used for purposes other than those mentioned herein. Users / Members understand and agree that they will not intervene in any way on the Ans Azura Platform for making unauthorized modifications / changes, Users / Members being fully responsible for the damages caused, in case of a violation.
11.5 The Company will constantly update the relevant information for Users / Members.
11.6 The Ans Azura Platform is made available "as is", "with all flaws" and "as available".
11.7 The Company assumes no responsibility for interruptions to the Ans Azura Platform for improvements, maintenance, lack of internet or other scenarios in which the Ans Azura Platform cannot be accessed due to reasons that are not under the Company's control. Nothing herein can be interpreted as an undertaking of the Company for a 100% functionality of the Ans Azura Platform at all times.
11.8 By becoming a Member, the User assumes responsibility for maintaining the confidentiality of his/her data (user and password) and for managing access to the Ans Azura Platform, and, to the extent permitted by applicable law, is responsible for the activity carried out on the Ans Azura Platform. The Member will immediately notify the Company if he/she becomes aware of any violation or attempt of violation of his/her account.
IX. Fraudulent actions
ANY ATTEMPT TO ACCESS THE PERSONAL DATA OF ANOTHER USER / MEMBER / OR TO MODIFY THE CONTENT OF THE ANS AZURA PLATFORM OR TO AFFECT THE PERFORMANCE OF THE SERVER THAT THE ANS AZURA PLATFORM IS RUNNING ON WILL BE CONSIDERED AN ACCOUNT OF FRAUD AND WILL LEAD TO THE INITIATION OF LEGAL ACTION AGAINST THOSE WHO ARE RESPONSBILE.
