Terms & Conditions
APT Intelligence User Agreement
This User Agreement (the "Agreement") sets out the terms and conditions of Your use of the services offered by APT Intelligence, services of APT Holding Worldwide Inc., (the "Company"), either through its website located at URL www.apt-intelligence.com (the "Website") or through other venues and means and as well as any other services that may be offered by the Company from time to time at its sole discretion. You are entering a legal contract with Us on these terms and conditions. If You do not agree to these terms and conditions, or if you are under 18 years of age, do not acquire any Advisory Services (as defined hereinbelow). ("You" or the "Client" shall mean the legal person entering this Agreement or anyone on Your behalf. "Us" shall mean the Company).
Please note that You enter this Agreement as it exists each time You purchase any Advisory Services (as defined hereinbelow) offered by the Company. Because we may amend this Agreement at any time by posting amended terms on the Website, or communicate it to You through other means, You should check this Agreement each time You purchase Advisory Services. Unless stated otherwise, amended terms will be effective when posted or communicated to You, but will not affect Your rights or obligations in respect of any Services You have purchased previously. This Agreement was last revised on August 2007. Please read the terms of this User Agreement carefully.
1.Advisory Services
The Company provides art-related advisory services which can be purchased through the Website as per the information and requests provided by You (the "Advisory Services"). The Advisory Services are provided via various methods and means such as telephone calls or a gallery tour with available Advisors (the "Advisory Session").
Whilst we seek to fulfill all Advisory requests, it is not always possible to do so due to unusual or complex issues that Your advisory request may reveal, or due to availability issues. For this reason, our Advisory Services may not be available in all circumstances, and the Company reserves the right to deny Advisory Services in certain cases.
2.Choosing an Advisor
Upon processing a request from You, we will provide You with the details of an Advisor, who at our best judgment is best suited to address Your inquiry.
You may also ask to receive the Advisory Services through a specific Advisor; either You had located through the directory available on the Website, or through any other available method. We will do our best to accommodate your request.
Once your Advisory request is processed, We will contact You electronically, and provide you with information on the Advisor, times of availability and cost, (the "Pending Transaction Notice").
3.Provision of Service
Upon receiving of the Pending Transaction Notice You will be required to select the time out of the options offered to you in the Pending Transaction Notice, approve accepting the terms and conditions of this Agreement, and process Your payment. We will use our best efforts to schedule Your Advisory Session within 5 business days of the scheduled Advisory Session.
Once we have received confirmation of payment of your deposit, we will confirm the details of Your selection, We will then provide You with an electronic proof of payment and contact information (the "Confirmation Notice"). The Confirmation Notice shall also include the name of the Advisor assigned to Your Advisory Session, the topic of Your query as well as other relevant information. No more than two persons may attend a telephone Advisory Session, and no more than three persons may join a Gallery Scene Tour.
4.Rescheduling and Cancellation
So long that You provide Us with at least four (4) business days due notice in writing prior to Your scheduled Advisory Session, of your wish to cancel or reschedule Your scheduled Advisory Session, We will be happy to do so, and refund Your payment in full (in the case of cancellation), or reschedule the Advisory Session for You at no additional cost.
If You decide to provide Us with less than four (4) business days due notice in writing prior to Your scheduled appointment of your wish to cancel or reschedule Your scheduled Advisory Session, You will be charged with a cancellation fee of US$ 100, unless You reschedule the cancelled Advisory Session within 15 days as of the date of notice of cancellation.
You acknowledge and agree that if You do not show up to a scheduled or rescheduled Advisory Session, we will have the right to charge You for the full cost of the Advisory Session, however in such a case We will use our best efforts to reschedule Your Advisory Session with the same Advisor to the next available date.
If, due to events or reasons beyond our control, we will have to cancel a scheduled Advisory Session, You will have the option to either choose to receive a full refund of Your payment or reschedule the Advisory Session at Your convenience.
5.Prices and Payment
The prices, including applicable taxes, for Advisory Services are set out at appropriate points throughout the Website, the Pending Transaction Notice and Confirmation Notice. Payment for Advisory Services must be made in advance and in full. These payments can be made by credit/debit card only. No Advisory Services will be provided until We have received confirmation of payment.
You acknowledge and agree that should You decide to extend or cancel Your Advisory Session, We will charge You for any extra Advisory Services purchased and consumed, or the Cancellation Fees.
Shortly after the conclusion of the Advisory Session, we will furnish You with a duly made electronic receipt.
6.Disclaimers
The Company, APT Holding Worldwide Inc., its owners, subsidiaries, managers, partners, advisors and employees do not provide any express or implied warranties of merchantability, suitability, or completeness of the information provided, obtained, expressed or derived through the Advisory Sessions. All information is provided "As Is" without any warranty of any kind, either expressed or implied. The Company does warrant that the Advisory Services will be provided by qualified personnel; as such qualifications can be verified. You accept this disclaimer of warranty and commit not to take any action contrary to such disclaimer.
In the course of providing Advisory Services, the Advisor may give advice or opinion regarding the impact of certain governmental agency laws or regulations, or regarding the impact of general laws or regulations that may be related to Your advisory query. This is to clarify, that the Company is not a law firm, it does not engage in the practice of law, and it does not render any legal advice, nor did it retain any of the Advisors to provide such legal advice. Therefore, You are hereby advised to seek Your own legal counsel regarding any legal issues relating to Your Advisory query or other services provided under this Agreement.
The information to be provided through the Advisory Services is to be used at your own risk. In no event will the Company, its owners, subsidiaries, managers advisors, partners or employees be responsible for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Advisory Services even if advised of the possibility of such damage.
Nothing of the information provided during any of the Advisory Services should be construed to constitute a recommendation or endorsement of any product, service, site, artist, artwork, etc.
7.Intellectual Property and Ownership
Artist Pension Trust, APT, APT Intelligence and related words and logos are the trade marks or trade names of the Company and its affiliates. All rights relating to the Advisory Services and/or the Website are reserved.
8.Data Protection
We respect the privacy of our users and customers, and will treat all personal information relating to You in accordance with our Privacy Policy. We will ensure that Your personal information is stored securely and we will not provide Your personal information to any Third Parties, except to one or more Advisors in order to provide the Advisory Services under this Agreement. By agreeing to this Agreement You are consenting to the following:
We or parties acting on our behalf must store, host, transfer and otherwise process Your information in order to refer Your query to the relevant Advisors. You explicitly consent to us handling Your personal information, which You have provided for delivery to one or more Advisors. We shall do our best to ensure that the Advisors also take adequate security measures in relation to Your information.
Some of the personal information that You supply might include sensitive information and You explicitly consent to the processing and/or handling by us and/or any of our Advisors of such sensitive information.
We should emphasize, and You explicitly agree and acknowledge that our Advisors are not allowed to knowingly solicit any type of a relationship with any of our clients and customers. They are also not allowed to directly provide any Advisory Services to any person that was introduced to them through our Advisory Services. In order to comply with the above You are advised not to directly contact any of the Advisors introduced to You while retaining our Advisory Services, or whom had provided You with Advisory Services. Failing to follow the above will mean that You are breaching this Agreement and may result in termination of the Advisor’s engagement with the Company. You are kindly requested to immediately report to the Company any approach, request or offer You receive directly from an Advisor, requesting to bypass the Company in the provision of any such Advisory Services.
9.Suspension or Termination
The Advisory Services may be suspended from time to time, for any number of reasons, all at the sole discretion of the Company. Any Advisory Services which were purchased by You prior to such suspension or termination will be duly provided as scheduled, or at our opinion, any monies paid in respect of such Advisory Services refunded (subject to any right of set off we may have).
10.Effect of Termination
If we terminate this Agreement for cause, You will cease all use of Advisory Services as of the date of termination, except for any rights You may have in respect of Advisory Services You have already purchased, which will not be affected.
11.Effect of Invalidity
If any portion of this Agreement is declared invalid or unenforceable, through legal proceedings, this declaration will not affect the validity or enforceability of the remainder of this Agreement providing the business purpose of this Agreement is not substantially affected.
12.Admissibility in Legal Proceedings
A printed version of this Agreement will be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13.Entire Agreement
This Agreement, together with our Privacy Policy incorporated herein, forms the entire agreement between You and the Company in relation to Your use of the Advisory Services available through our Website and supersedes any prior representations, inducements or agreements relating to its subject matter.
14.Contacting Us
If You have any complaints relating to the Services provided pursuant to this Agreement, You may contact us at
info@apt-intelligence.com.
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