Terms and Conditions
Welcome to Bari Gallery. These are the terms and conditions governing your access to and use of the website Bari Gallery and its related sub-domains, sites, services and tools (the “Site”). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Bari Gallery (“we”, “us” or “Bari Gallery”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement, please do not access, register with or use this Site.
Bari Gallery wishes to ensure that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Bari Gallery under this User Agreement or at law, Bari Gallery reserves the right to limit or withdraw access to the Site or the membership of any person if Bari Gallery believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Bari Gallery.
Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Bari Gallery of any unauthorized use of your password or account or any other breach of security. In no event will Bari Gallery be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse Bari Gallery for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
You will provide true, accurate, current and complete information about yourself as prompted by Bari Gallery’s registration form (the “Registration Data”).
You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Bari Gallery has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Bari Gallery under this User Agreement or at law, Bari Gallery has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Bari Gallery may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to Bari Gallery upon such requests. You acknowledge and agree that if you do not, Bari Gallery without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Bari Gallery requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
You acknowledge and agree that Bari Gallery shall endeavor to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement (“Substantial Amendment”) in accordance with the terms of this User Agreement.
You acknowledge and agree that Bari Gallery at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
You undertake, represent and warrant that:
you are 18 years of age or over the age of 18 years;
if you are a corporate representative, you have authority to bind the corporate entity;
you are the sole and exclusive legal and beneficial owner of all artworks of any description that you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale such artworks;
you will inform Bari Gallery of any postings, artworks or transactions which appear to be in violation of this User Agreement;
you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
information you provide on the Site in respect of artworks you wish to sell shall be as accurate as reasonably possible;
you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of Bari Gallery;
you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
you will not disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Bari Gallery, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Bari Gallery and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
“Bari Gallery” and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Bari Gallery and are protected by international trademark and other intellectual property rights and laws.
Bari Gallery’s trademarks may not be used in connection with any product or service that is not Bari Gallery’s nor in any manner that disparages or discredits Bari Gallery. All other trademarks not owned by Bari Gallery that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bari Gallery.
Please report problems of any kind or violations of this User Agreement to Bari Gallery. If you believe that your intellectual property rights have been violated, please notify Bari Gallery. Without prejudice to any other rights and remedies of Bari Gallery under this User Agreement or at law, Bari Gallery may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content.
Also, Bari Gallery can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
Bari Gallery takes reasonable measures (physical, organizational and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed.
Bari Gallery has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else).
Without prejudice to any other rights and remedies of Bari Gallery under this User Agreement or at law or otherwise, Bari Gallery may immediately and without liability: limit your activity end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
If you breach this User Agreement;
If Bari Gallery is unable to verify or authenticate any information you provide; or
If Bari Gallery believes (in its sole discretion) that your actions may cause legal liability for you, other users or Bari Gallery.
Bari Gallery may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Bari Gallery or use the Site in any manner whatsoever until such time that such user is reinstated by Bari Gallery.
Notwithstanding the foregoing, if you breach this User Agreement Bari Gallery reserves the right to recover any amounts due and owing by you to Bari Gallery or any losses and damages caused by you to Bari Gallery and to take such steps including legal action and/or the initiation of criminal proceedings against you as Bari Gallery in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Bari Gallery’s right to take any actions with respect to that, or subsequent or similar breaches. Bari Gallery does not guarantee that it will take action against all breaches that there may be of this User Agreement.
Without prejudice to any other rights and remedies of Bari Gallery under this User Agreement or at law or otherwise, Bari Gallery may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
To the extent permitted by law, Bari Gallery, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Bari Gallery has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Bari Gallery and Bari Gallery shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold Bari Gallery and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Bari Gallery and you shall have no authority to bind Bari Gallery in any manner whatsoever.
Except as explicitly stated otherwise, any notices to Bari Gallery from you shall be given by you by email to Bari Gallery at info@barigallery with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Bari Gallery by return email.
Any notices to you from Bari Gallery shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
You hereby grant Bari Gallery the right to, and irrevocably acknowledge and agree that Bari Gallery may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement.
Bari Gallery agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Bari Gallery, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Bari Gallery.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Bari Gallery with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
This User Agreement is governed by, and construed in accordance with Saudi Arabia law. This clause will survive any expiry or cancellation of this User Agreement for any reason.