Heffel.comís Canadian Art at Auction Index
Terms & Conditions

These Terms and Conditions (this "Agreement") govern the Subscriber(s)'s use of the database in relation to heffel.com's Canadian Art at Auction Index service. By using the Canadian Art at Auction Index and Database, Subscriber agrees to, and is expressly subject to the Terms and Conditions of this Agreement as stated below. Subscriber expressly acknowledges that it has no right, permission or authorization to use the Canadian Art at Auction Index or Database other than in accordance with all of the following Terms and Conditions.

1. General Provisions and Definition of Terms:

CAAI: Canadian Art at Auction Index, which is is an electronic database of Information relating to historical records of auction sales of Canadian Art, provided for the purpose of research and private study into the field of Canadian Art,
hosted by heffel.com and owned by Heffel Gallery Limited.

Subscriber(s): User authorized by the Service Provider by provision of a paddle number and password, or its employee or agent acting on User’s behalf.

Database: All Information contained in the CAAI or otherwise available for access by Subscriber(s)on the Internet at the URL https://www.heffel.com/Index/Index.asp

Information: All text, data, information, images or other artistic matter, and compilations of any of one or more of the same, expressed in any material form.

Network:
the Subscriber(s)'s local area network system of connected computers at the Site, the IP address for which is designated for the Subscriber(s)'s access to the Internet.

Service Provider: Heffel.com, a division of Heffel Gallery Limited, 2247 Granville St. Vancouver, British Columbia, Canada V6H 3G1.

Site: the location of the heffel.com domain servers in listed order:

DNS.HEFFEL.COM 209.53.224.21
PICO.BC.TAC.NET 204.174.65.1

Customer Support: can be reached by telephone at 604-732-6505 or by email to index@heffel.com. Providing reasonable assistance if they are able, are not responsible if the Subscriber(s) can not access the licensed information via the network due to software incompatibilities.

Operating System: CAAI is built for optimum performance on a licensed Microsoft Windows operating system. Although heffel.com has attempted to accommodate Apple licensed operating systems, any difficulties incurred assessing the database with non-Windows operating systems are not the responsibility of heffel.com or our Customer Support.

Internet Browser: CAAI is built for optimum performance with Microsoft Internet Explorer web browser software. Although heffel.com has attempted to accommodate other web browser software applications, any difficulties incurred assessing the database, or database features, with these other software applications is not the responsibility of heffel.com or our Customer Support.

a.   This Agreement pertains to the entire subscription service provided by CAAI, and rules and regulates its usage. This Agreement supersedes any previous agreement.

1.    Failure of either party to enforce any provision of this Agreement on any one occasion shall not affect its right to enforce another provision or the same provision on another occasion.

2.   The termination of this Agreement shall not prejudice the rights and remedies of either party against the other in respect of any prior breach of covenant, terms, warranty or condition.

3.   Nothing contained in this Agreement shall constitute or shall be construed as constituting a partnership, joint venture, or contract of employment between the parties.

4.   The Service Provider reserves the right to make amendments to this Agreement at any time, notification will be by email to the email account provided by the Subscriber(s). If the changes are unacceptable to the Subscriber(s) or places them in breach of the contract it is the Subscriber(s)s sole remedy to terminate the subscription. Continuing to accrue searches after this notification has been electronically transmitted will mean the Subscriber(s) accepts the new terms of the Agreement.

2. Delivery of Subscription:

a.   In lieu of payment by the Subscriber(s), and subject to the Subscriber(s) observing and abiding by all terms set out in this Agreement; the Service Provider grants access to the Database for the agreed upon term.

b.   Access to the Database via the Network, is strictly restricted to use and access by Subscriber(s) for the purpose of either research or private study and no other purposes including archiving or distribution of Information to others.

c.   Subscriber(s) may only reproduce Information in print or electronic/digital form to the extent necessary for the Subscriber(s) to engage in their research or private study with the Information, and in no extent shall abusive, excessive or unnecessary amounts of reproduction take place. Nothing may be reproduced for archival purposes or distribution to others. Printed matter must be destroyed upon completion of said research or private study and in any event upon termination of this agreement.

d.   Access to the Database is limited solely to the Subscriber(s) and is not transferable, and does not extend to any other person, employer, subsidiary or parent organizations, or to any other related or affiliated organizations. The Subscriber(s) may not assign, sub-license, transfer, charge or otherwise dispose of its rights under this Agreement without the prior written consent of the service provider.

e.   The Service Provider grants to the Subscriber(s) a paddle number and password. The Database may only be accessed using the given paddle number and password. The Subscriber(s)may never disclose their paddle number and password to any other person. In the event a password is disclosed, by circumstances beyond the control of the Subscriber(s), it is the Subscriber(s)s responsibility to contact the Service Provider and request to change their password. In the event the Subscriber(s) can not recall their paddle number and password they can request a new card be mailed to the address previously provided, the Service Provider may give out paddle number and passwords, at their discretion, if the Subscriber(s) has proper identification. The Service Provider reserves the right to reissue new paddle numbers and/or passwords at any time.

f.   Title and ownership of the Database and Information from the database, remain vested with the Service Provider and or third parties as the case may be, it is not transferred to the Subscriber(s). The Subscriber(s) acknowledges that any rights not expressly granted in this Agreement are reserved to the Service Provider and third parties. The Subscriber(s) will use its best efforts to safeguard the intellectual property, confidential information, and proprietary rights of the Service Provider and said third parties.

g.   The Service Provider is in no way responsible for provision or payment for any technology required to gain access to the network. No credits or refunds for anything related to ability to gain access to the service will ever be granted by the service provider. The Subscriber(s) accepts full responsibility for all means including, but not limited to, telecommunications subscriptions.

3.   Usage Restrictions:

Without limitation to any of the preceding Terms and Conditions, the Subscriber(s) will under no circumstances:

a.   Reproduce Information other than in Accordance with this Agreement;

b.   Sell, distribute, licence, rent or otherwise directly exploit the Information.

c.   Make the Information available by any means, to person other than authorized users.

d.   Use the Database including the Information contained within to create any product or service, or merge the Database with another product, database or service.

e.   Alter the Information in any way.

f.   Participate in any activity that may negatively affect the Service Provider or its business, or that would violate the copyright or moral rights of any third party owner of the same rights whose works are incorporated within the Information.

g.   Download or permit downloading of any Information onto any non-temporary media storage device including but
not limited to system servers, hard disks, diskettes, CD-Roms and back up tapes.

h.   Disclose to any person, firm or company the username or password assigned by Licensor to access the Licensed Material.

4.   Term and Termination of Agreement:

a.   This Agreement will be effective on the commencement date of the subscription and will continue for the term agreed upon by the Subscriber(s) and the Service Provider provided the terms and conditions of this Agreement are adhered to. The term may be renewed monthly and subject to payment of appropriate fees.

b.   Either party may terminate this agreement at any time effective upon the receipt written of notice by the other party or if one party fails to abide by any part of this Agreement. The Subscriber(s) may terminate the Agreement by choosing not to renew their subscription upon expiration. No refund will be provided if the Agreement is terminated by the Subscriber(s) prior to the expiration of the term.

c.   Upon termination of this Agreement, the Subscriber will destroy all Information in its possession, power or control.

d.   The Service Provider may suspend the service provided to the Subscriber(s) at any time, with immediate effect and without written warning and without liability, liability if the Service Provider reasonably believes the CAAI Database
or Information is being used in a manner that contravenes the provisions of this Agreement, or otherwise in a
manner that violates the rights of any legal entity.

e.   This Agreement will be terminated without prejudice or liability if either party declares bankruptcy, and provides a written statement.

f.   Any liability incurred by the Subscriber's current or past use of CAAI will continue beyond the expiration of the Subscriber's subscription.

5.   Fees:

a.   The CAAI is provided at significant cost to Service Provider, and fees are set bearing in mind cost-recovery and with the intention of discouraging the potential for abusive of the CAAI or Information. Upon payment of the annual subscription fee by the Subscriber(s) to the Service Provider, the Subscriber(s) is granted up to a maximum of 35 searches per month, with the basic subscription. If the Subscriber(s) searches more than 35 times in a calendar month, as noted on the search screen, then the Subscriber(s) agrees to pay one dollar per search for all additional searches. This additional fee is intended to discourage excessive use of the CAAI by basic subscribers, who are not believed to generally require more than 35 searches per month to engage in their research or private study. The Subscriber(s) will, at the commencement of the subscription, provide credit card information to the service provider, authorize the Service Provider to charge, automatically each month for additional searches. If additional searches (over 35) total under 10, then the charges will be carried forward to the next month, continually until the charge reaches 10 dollars or at the termination of the agreement (whichever occurs first), at which time the Subscriber(s) will be charged. Failure to pay for additional searches in a timely manner will result in suspension of the service or limitation to 35 searches per month, at the discretion of the Service Provider. If the total searches in one month do not total 35 the unused searches will not be carried forward to the next month.

b.   The Service Provider reserves the right to institute new fees, or change the bases upon which fees are calculated, at any time upon prior written notice by email to the email account provided by the Subscriber(s). The Subscriber(s) agrees to pay all charges including applicable taxes, in accordance with the billing terms in effect at the time the fee change becomes payable. If the Subscriber(s) does not agree then they may notify, in writing, the Service Provider that they wish to terminate the subscription. If the Subscriber(s) continues to use the service then they are accepting the new rates and or terms of subscription.

c.   The Subscriber(s) is responsible for paying all applicable taxes and or levies, in association excluding income tax paid by the Service Provider.

6.   Responsibilities of the Subscriber(s):

a.   The Subscriber(s) will, take all reasonable steps to ensure CAAI is used in accordance to the terms and conditions of this Agreement, and are responsible for informing all authorized users of the terms and conditions of use.

b.   The Subscriber(s) will notify the Service Provider immediately if they know of or are suspect to misuse of the service including but not limited to giving out paddle numbers and passwords to unauthorized users, and will cooperate with the Service Provider to remedy the situation to the satisfaction of all parties involved.

c.   The Subscriber(s) acknowledges that

1.   CAAI may include intellectual property (“Property”), the design, development, creation and/or acquisition of which has involved substantial expenditure, effort, and artistic creativity over a long period of time.

2.   Federal or international copyright law may protect the Property.

3.   The Property may have been provided to CAAI on the basis of a contractual relationship between CAAI and a third party to be used only as expressly permitted by the terms and conditions of license agreements.

4.   Unauthorized use of such Property may cause irreparable injury and harm.

5.   The restrictions imposed upon the Subscriber by this Agreement are necessary to protect the value of such Property and prevent the occurrence of injury and harm to CAAI or a third party. Subscriber(s) hereby represents and warrants that it will use access to and knowledge of the Property and related documentation solely to exercise the Subscription under Clause 2, and not for any other purpose whatsoever.

6.   Subscriber(s) hereby acknowledges and agrees that, if it uses the CAAI Database, Information or Property other than as permitted by this Agreement or in any other way that violates the intellectual property or other rights of any third party, Service Provider makes no warranty or representation and assumes no liability or responsibiltiy to indemnify or save harmless the Subscriber(s) in any way for any costs or expenses of claims or legal proceedings (including, without limitation, legal fees) arising out of or in any way connected with the same that are brought or threatened against the Subscriber(s) by any third party.

7.   Disclaimer:

a.   The Service Provider provides no warranty nor does any third party, in respect to any aspect of this service; including but not limited to merchantability, quality, or accuracy, omissions.

b.   If the Subscriber(s) notices an inaccuracy of any information they may notify the Service Provider who in turn will make all possible efforts to correct the error but are not liable to do so.

c.   The Service Provider reserves the right to monitor the usage of CAAI.

d.   The Service Provider is not responsible or liable for inability of the Subscriber(s) to access CAAI due to any failure of equipment of the service provider, or loss of data due to unforeseen and/or uncontrollable circumstances.

8.   Force Majeure:

a.   CAAI's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, floods, governmental restrictions, power failures, or damage or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.

9.   Liability:

a.   The Subscriber shall indemnify and save harmless the Service Provider for any and all costs and expenses of claims or legal proceedings (including, without limitation, legal fees) arising out of or in any way connected with any use of CAAI, Database or Information other than in accordance with this Agreement, which are brought or threatened against the CAAI by third parties.

b.   Liability of the Service Provider in respect of any and all claims arising out of or in connection with this Agreement is limited in respect of each event or series of connected events to the amount of fees paid by Subscriber under this Agreement.

10.   Governing Law:

a.   This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of the Province of British Columbia and the federal laws of Canada, as applicable in the circumstances.

11.   Subscription Fees:

Subscription Type Price
One Block of 25 Search Results $50.00
One Year Subscription
(35 searches per month)
$250.00
Two Year Subscription
(35 searches per month)
$350.00
Each additional Search beyond the 35 searches per month with a one or two year subscription $1.00

V.2006.10

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