Terms and Conditions of use arkefi.com
Dear Customers. Welcome to the first online trading platform with the highest security certificate (hereinafter referred to as “security”) and guaranteed verified customers (hereinafter referred to as “customer” or “customers”). Arkefi Ltd. (Arkefi) offers you various service applications in an efficient environment of superior art buyers and sellers. In addition to the individual applications on the trading platform, a variety of transport, insurance and fiduciary services are available to the customer. In order to secure the works of art and the purchase price, Arkefi provides the customer with the escrow and the interim storage of the object of purchase in one of the rented duty-free warehouses. After successful completion of the purchase transaction or another service, the customer is free at any time to use an additional service or to find a solution independently. Arkefi can unreservedly assure and guarantee you the tailor-made solution when using our applications.
Arkefi is a company under Swiss law, registered in the commercial register of the Canton of Zürich under the registration number CHE-157.240.306. Arkefi owns the website arkefi.com (hereinafter referred to as the “Website”) and operates various related services (hereinafter referred to as “Service” or “Services”). These General Terms and Conditions (hereinafter referred to as “Terms”) govern the use and conduct of customers when accessing the website and during the use of individual applications (hereinafter referred to as “application” or “applications”). In addition to these Terms, Arkefi may present the customer with other conditions that must be accepted without reservation. If the customer does not agree to additional conditions, Arkefi expressly reserves the right to exclude it from the trading platform (hereinafter referred to as “platform”). The terms are based on the customer’s service request and appear to the customer for information and acceptance prior to the application of an application provided for this purpose.
By accessing the Website and the Services, you agree to be bound by these Terms and any other Terms and any other additional terms of Arkefi, and you represent and warrant that: (a) you are at least 18 years of age; (b) you have not been previously suspended or removed from the Website and Services; and (c) your use of the Website and services will be in accordance with all applicable laws and regulations.
We reserve the right to revise these Terms from time to time without notice. We will make you aware of any revisions by updating the “Last Updated:” date at the end of these Terms. You acknowledge and agree that it is your responsibility to periodically review this Website and these Terms and to be aware of any changes. Your continued use of this Website following changes to our Terms constitutes your agreement to be bound by the amended Terms.
2. The Services
Our services are limited to the applications that are available to the customer via the website, as well as all additional services that can be used individually by the customer for an additional charge. Arkefi strives for the highest quality of the website and the applications and guarantees the customer the highest security standard, which is shown when accessing the system. Arkefi will regularly carry out and check the security certifications as well as the maintenance of the website and all applications installed on it. Payment processing via our escrow account as well as the warehouse management of the works of art can be individually organized and booked via the access system. The Arkefi employees are available to you at any time by e-mail or by telephone during normal office hours when using our services and applications.
For all legal transactions that are processed via our website, Arkefi acts exclusively as an intermediary. Arkefi is at no time available to the customer as a deputy, mandatary, worker or the like. Legal transactions are carried out exclusively among the customers or via third-party providers. Arkefi only provides the most modern infrastructure to the customer. Arkefi makes no representations or warranties with respect to the value, condition, authenticity, title or other information relating to the Trade Items and disclaims any express or implied warranty.
3. Registration and Work Information
To use the Services, you must register through a personal account on the Site. After registration, you can use all applications on the website and, according to your needs, save, delete, change or connect, network or link to other applications on the personalized user profile (hereinafter referred to as “profile”). By registering for your account, you grant Arkefi access to personal information about you, your finances, your tax domicile, your home address and other personal information (hereinafter referred to as “Registration Data”). By registering, you agree to the terms of Arkefi’s applicable registration agreement. You assure us that all registration data is true and has been provided in good faith. Changes to your personal circumstances must be supplemented or changed immediately after becoming aware of the registration data. You acknowledge that changes to your registration data may restrict access authorization. In this case, you will be contacted by us immediately.
With the registration data, it should be noted that these can only be reached via our qualified security system. In addition to the username and password, a mobile phone and the installation of security app are required. You will be accompanied through the access process via our registration help and can contact us at any time if you have any questions. After successful registration, you are not permitted to pass on the personalized data for access to the applications via the Arkefi website to third parties. In the event of a violation, you bear full and exclusive responsibility. Arkefi expressly reserves the right to suspend or exclude in the event of infringement. Should damage occur to another customer or Arkefi as a result of the unauthorized disclosure of access information, Arkefi will leave no efforts to compensate for the damage untried and will use all legal remedies.
When using our Services, you upload images, photos, videos, data, texts, descriptions, sketches, measurements, title, date, provenance, exhibition history, literature and other content about your artworks through the Website to your personal profile (hereinafter referred to as “factory Information”) By uploading the factory Information, you authorize Arkefi to publish this information on the Website without restriction, independently determine which factory information you make available to the Arkefi for publication. When using individual applications, however, certain requirements may be linked to the factory information and therefore further additions may be requested. You provide the factory information to Arkefi free of charge and without restriction for the duration of your use. If the factory information provided to us is incorrect or violates substantive law, we are entitled at any time and without prior request to delete this information, suspend the customer profile or completely dissolve the customer data. Related expenses will be invoiced in full to the customer. Should the intentional or grossly negligent misinformation(s) cause damage to another customer or Arkefi, every effort will be made to use all legal remedies for compensation. It is the sole responsibility of the customer to ensure that no material right is violated when uploading information. In any case, Arkefi does not assume any guarantees for the factory information written by the customer.
Arkefi refrains from registering fees. However, individual applications and services are subject to a fee and will be invoiced to the customer accordingly after prior information. In principle, Arkefi only charges its own services, which are used by the customer in each case. In the case of the organization of third-party services, however, Arkefi expressly reserves the right to award a surcharge for the associated expenses. The customer is responsible for the procurement of his personal infrastructure himself and organizes himself accordingly independently and on his own account. Under no circumstances will Arkefi assume responsibility for the customer’s infrastructure or shall be responsible for any damage incurred in connection with the use of this infrastructure.
Arkefi expressly reserves the right to make changes to the website. Changes, updates, system renewals and the activation of new services on the website are made exclusively to improve the website and thus for the benefit of the customer. Liability for these services to the customer or third parties is completely excluded. Changes may include the implementation of paid services or changes to the existing pricing structure. Any new features that complement or enhance existing services on this website are also subject to these Terms.
6. User Conduct on Site
By using the site and/or the Services and/or posting Work Information, you agree not to:
- use the site or the Services for unlawful purposes, in violation of any applicable local, state, national or international law, or to promote any unlawful activities (including, without limit, engaging in any intellectual property infringement);
- impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to us or any third party under false pretenses;
- upload or post any Work Information that infringes, misappropriates, or encourages infringement or misappropriation of the intellectual property, confidentiality or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening or false;
- post, reproduce, publicly display or otherwise make accessible any content, which we, in our sole judgement and discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals;
- remove or modify any copyright, trademark or other intellectual property notices that appear in the Services or on any images or other content made available on this Website;
- upload invalid data, viruses, worms or other software agents to the Services;
- reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services;
- distribute or post spam or other unsolicited messages, chain letters, pyramid schemes or similar communications through the Services;
- interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
- conduct automated queries through the site (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions or any other automated activity) with the purpose of obtaining data or other information from the Services;
- take any action that imposes an unreasonable or disproportionately large load on Arkefi’s infrastructure.
- access or use any of the Services to develop competitive products or services; or
- attempt to, or permit or encourage any third party to, do any of the above.
Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your access to the site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
7. Third-Party Websites and Information
This site may link you to other websites on the Internet or otherwise include references to information, databases, websites, documents, software, materials, and/or services provided by other parties, including our affiliates. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. If you decide to access linked third-party websites, you do so at your own risk.
8. Materials on the Website
The site is owned and operated by Arkefi. User interfaces, website design and layout, information, trademarks, services marks, data, code, software, graphics, algorithm and other elements of the Services (hereinafter referred to as “Materials”) are property of Arkefi and its third-party licensors. The Materials may contain inaccuracies or typographical errors.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any purposes any portion of this Website, or use of or access to this site and/or the Services. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Arkefi does not assert copyright ownership in the Works depicted on the Website. Any use of the artwork or the images is subject to the copyright owner’s permission and the requirements of applicable law. We make no warranty or representation that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.
9. DISCLAIMERS, INCLUDING A DISCLAIMER OF WARRANTIES
WE PROVIDE THESE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND, TO THE FULLEST EXTENT LEGALLY PERMITTED, AND AS SET FORTH IN THE REGISTRATION AGREEMENTS, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ALL KINDS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES AND MATERIALS WILL (A) MEET YOUR REQUIREMENTS, (B) BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE OR ERROR-FREE, (C) THAT THE RESULTS OBTAINED FROM OUR SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THAT THE INFORMATION OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND POSSIBLE USEFULNESS OF ANY INFORMATION AVAILABLE ON OR THROUGH THIS SITE.
SOME JURISDICTIONS, STATES, PROVINCES, ETC. DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OR CORRUPTION OF DATA, ANY DIRECT OR INDIRECT LOSS OF SAVINGS, REVENUE OR PROFITS OR ANY DIRECT OR INDIRECT LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED THROUGH THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES LINKED THROUGH THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us and our affiliates harmless from all liabilities, claims and expenses, including legal expenses such as attorney’s fees, that arise from your use or misuse of this site and/or the Services, including, but not limited to, Work Information that infringes the rights of a third -party or is uploaded without the consent of the owner or the use of any documents or information from this site for purposes other than education and research. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site and/or the Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account, including, at our sole discretion, your force Information and bar any further access to this website. We shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1-14 of these Terms shall survive any termination.
14. Applicable Law and Place of Jurisdiction
This Terms shall be governed exclusively by Swiss law (excluding the United Nations Convention on Contracts for the International Sale of Goods). The place of jurisdiction shall be exclusively Zürich, Switzerland.
15. Notices/Contact Information
Notifications to Arkefi can be made at any time via the e-mail address firstname.lastname@example.org or in writing by registered mail or by means of deliveries via an internationally active logistics company. In the case of written service, the following addressee must be used unconditionally and in the exact Rhine sequence, as set out in these Conditions:
Notices to you may be sent either to the email address provided for your account or to the address you provide as part of your registration information. In addition, we may send notices or messages through the Website to notify you of changes to the Website or other important matters.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.