Terms and Conditions

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1 Introduction

These Terms of Use and all other policies posted on this site (“Terms of Use”) set out the terms on which Cosimo offers you access to and use of our site, services, platform, applications and tools (collectively ‘Services’). By accessing the Services, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these terms, you must not access the Services.

2 Who we are and how to contact us

is a site operated by Eazyl Limited ("we", “us” “www.cosimo.art, "Cosimo”). We are a limited company registered in England and Wales under company number 10942598 and have our registered office at Birmingham Research Park, Vincent Drive, Birmingham, England, B15 2SQ.

To contact us, please do so via the 'Contact Us' or 'Customer Support' pages.

Cosimo is an online marketplace that allows users to offer, sell and buy artwork.

Cosimo is a platform that facilitates the sale and purchase of goods by buyers and sellers. Any contracts that arise in connection with the sale and purchase of goods are made between the buyers and sellers themselves and Cosimo is not party to any of these transactions.

3 There are other terms that may apply to you

These Terms of Use refer to the following additional terms, which also apply to your use of the Services:

Our Privacy Policy [http://www.cosimo.art/privacy-policy]; and
Our Cookie Policy [http://www.cosimo.art/privacy-policy] (see 'Cookies), which sets out information about the cookies on our site.

4 Interpretation

The definitions and rules of interpretation in this sub-heading apply in these Terms of Use.

the date from which Effective Date: you will have access to the Services.

Renewal Period: the automatic renewal for successive periods of 1 month

Services: the services provided by us in accordance with these Terms of Use.

the subscription fees payable in Subscription Fees: advance by you access the Services as set out on our site.

the subscriptions which entitle User Subscriptions: you to access and use the Services in accordance with these Terms of Use.

5 Using Cosimo

You may use the Services only for lawful purposes. You may not use the Services:

In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of the Services or any equipment or network or software owned or used by any third party;
breach or circumvent any laws, third party rights or our systems or policies;
sell any counterfeit items or otherwise infringe the copyright, trademark or other intellectual property and ownership rights of third parties;
use our Services if you are aged under 18 or otherwise incapable of entering into a legally binding contract, or are temporarily or indefinitely suspended from using our Services;
manipulate the price of any item or interfere with any other user's listings (including duplicating another user’s listing and passing that off as your own listing, or that of a third party);
transfer your Cosimo account and/or user ID to another party without our consent;
use the contact information of other users for any purpose other than in relation to a specific Cosimo transaction;
use any robot, spider, scraper or other automated means to access our Services for any purpose; ”) that belong to or are licensed to Intellectual Property Rights• infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Cosimo. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Cosimo or someone else;
infringe any Intellectual Property Rights that belong to third parties or post content that does not belong to you;
harvest or otherwise collect information about users, such as email addresses, without their consent;
circumvent any technical measures we use to provide the Services; or
misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or attack our site 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 site will cease immediately.

If you are registering with Cosimo as a business:

i. You represent that you have the necessary authority to legally bind that entity both to these Terms of Use and any contracts which you may enter into with other users of the site;

ii. You must comply with all applicable laws relating to online trading in the jurisdiction of the UK and the jurisdictions you are selling to and from (if outside the UK);

iii. If you are trading as a business on Cosimo, you must comply with all applicable laws relating to online trading in the jurisdiction of the UK and the jurisdictions you are selling to and from (if outside the UK).

iv. You agree that we will commence supplying the Services to you intend to use the Services as a buyer as soon as you accept these Terms of Use and, if you intend to use the Services as a seller, accept these Terms of Use and start paying the Subscriptions; and

v. We may recoup the cost of any services provided up to the point of cancellation.

6 You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion someone other than you knows your user identification code or password.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via our contact us page.

7 User-generated content is not approved by us

This website will include information and materials uploaded by other users of the site. Unless we expressly state otherwise, this information and these materials have not been verified or approved by us. If you wish to complain about information and materials uploaded by other users please contact us on admin@cosimo.art

8 Rules about linking to our site

You may link to our home page or to pages directly associated with your account, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact Cosimo.art@gmail.com.

9 Breach of these Terms of Use

Failure to comply with these Terms of Use constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site;
Immediate, temporary or permanent removal of any contribution or bid uploaded by you to our site;
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) directly or indirectly resulting from the breach;
Further legal action against you; and
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

When an issue arises between buyer and seller in respect of a contract or otherwise, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

We exclude our liability for all action we may take in response to breaches of these Terms of Use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

10 Payments

To access the Services as a seller:

You shall pay the Subscription Fees to us on or before the Effective Date by way of direct debit, or such other means of payment as the we shall reasonably require. We will be under no obligation to provide the Services where Subscription Fees are not paid.

To access the Services as a buyer:

The Services are free of charge, subject to you abiding by these Terms of Use.

11 Seller requirements and conditions

You must have registered a valid form of payment with Cosimo at all times. You authorise Cosimo to automatically charge your chosen payment method in accordance with these Terms of Use and any other agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by Cosimo. This includes, but is not limited to, amounts owed for any Cosimo fees. Cosimo will notify you of these charges.

When listing the sale of an item, you agree that:

you are responsible for the accuracy, content and legality of the item listed;
content that violates any of Cosimo's policies may be modified or deleted at Cosimo's discretion; and
we reserve the right to change, amend, edit or delete any content contained within any listing at our discretion.
we reserve the right to use content uploaded by you for promotional or marketing purposes, for the duration that it is listed on the website.

12 Content Standards

These content standards (“Consent Standards”) apply to any and all material which you contribute to the site (“Contribution”), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Cosimo will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

Be accurate (where it states facts);
Be genuinely held (where it states opinions); and
Comply with the law applicable in England and Wales and in any country from which it is posted.

We are not responsible for Contributions. Contributions may be removed at our discretion should it:

Be defamatory of any individual;
Be obscene, offensive, hateful or inflammatory;
Promote sexually explicit material;
Promote violence;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any copyright, design right, database right or trademark of any other person or entity;
Be likely to deceive any person;
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Promote any illegal activity;
Be in contempt of court;
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
Be likely to harass, upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person;
Give the impression that the Contribution emanates from Cosimo Limited, if this is not the case;
Advocate, promote or incite any party or person to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
Advocate, promote or incite any party or person to commit or encourage to commit the commission, preparation or instigation of acts of terrorism; or
Contain any advertising or promote any services or web links to other sites.
Not relate to the descriptive options associated with listings on our site, or is not deemed to be categorised as ‘Art’ or ‘Fine Art’.

13 Purchase conditions

When buying an item, you agree to:

read the full item listing carefully and fully before making a bid or commitment to buy; and
enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);

14 International buying, selling and translation

Whether acting as seller or buyer, you are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items.

15 How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

16 Liability

Cosimo has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these Terms of Use shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

We shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

your use of or your inability to use our Services;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing, or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any of the Services; and
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items.

You are responsible for configuring your own computer system to access our site. You should use your own virus protection software at all times.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our site.

Cosimo cannot and does not confirm, and is not responsible for ensuring, the accuracy or authenticity of users' purported identities or the validity of the information which they provide to us or post on our sites.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the Subscription Fees paid to us in the 12 months prior to the action giving rise to the liability, or (b) £100.

17 Compensation

You will compensate us in full for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these Terms of Use, your improper use of Cosimo's Services or your breach of any law or the rights of a third party.

18 Legal Disputes

If a dispute arises between you and Cosimo, we strongly encourage you to first contact us directly to seek a resolution by e-mailing admin@cosimo.art

19 Jurisdiction and Law

Any claim, dispute or matter arising under or in connection with these Terms of Use shall be governed and construed in all respects by the laws of England and Wales. You and Cosimo both agree to submit to the non-exclusive jurisdiction of the English Courts.

Any disputes you may have with one or more users are between yourself and said users and you release us and our respective officers, directors, employees and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

20 Severance

If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms of Use.

21 Rights to Assign

We may assign our rights and obligations under these Terms of Use. You may not assign your rights and obligations under these Terms of Use.

22 General

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use.

23 Variation

We may amend these Terms of Use at any time by posting the amended terms on www.Cosimo.art. You must check these Terms of Use each time you enter the site to establish that you still intend to be bound by them, notwithstanding any change made to the Term of Use from time to time.

All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

These Terms of Use may not be otherwise amended except through mutual agreement by you and Cosimo.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Cosimo site. No changes will be otherwise notified to you.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. A person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use but this does not affect any right or remedy of a third party specified in these Terms of Use or which exists or is available apart from that Act.

24 Entire Agreement

These Terms of Use and all policies posted on our site are the entire agreement between you and Cosimo and supersede all prior understandings and agreements of the parties.