Terms of service

Hypha Curates website Terms Of Use

Welcome to Hypha Curates. These Terms of Use ("Terms") govern your use of the Hypha Curates website (HyphaCurates.com) & any other websites owned by Hypha Curates Limited (collectively, the "Website").

Please read these Terms carefully. By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Website.

1. User Acceptance

Hypha Curates Limited ("Hypha Curates," "we," "us") provides services through its Website. These Terms form a binding agreement between you & Hypha Curates. We may update these Terms periodically without notice. Your continued use of the Website after any changes means you accept the revised Terms.

To use or become a member of the Website, you must read & accept these Terms and our Privacy Policy. You are only authorised to use the Website if you agree to comply with all applicable laws and these Terms.

2. Key Definitions

Art Submissions: User-generated artwork submitted & displayed on the Hypha Curates Website, potentially for sale.
Buyer: The person placing an Order for Goods.
Contract: The agreement between the Buyer and Seller, including the Order & Order Confirmation.
Content: All information, data, software, audio, music, sound, photographs, graphics, video, chat, messages, files, ideas, text & submitted artwork displayed or available on the Website.
Defective: Containing a fault or defect.
Goods: The goods or services the Seller sells in accordance with these Terms.
Order: The Buyer's request to purchase Goods or services.
Price: The cost of the Goods, including postage & packing, at the time of the Order.
Receipt: The date the Order is delivered to the Buyer.
Rental Agreement: The specific contract governing the rental of Goods from the Website.
Seller: The official seller of any Goods, which may be Hypha Curates or a third-party artist/curator.
Special Conditions: Any specific conditions for orders detailed in the Order Confirmation.

3. Website Access and Account Security

You are granted permission to use our Website for personal use, provided you:

Do not copy or distribute any part of the Website without our written approval.
Do not alter or modify any part of the Website, except as necessary for its intended use.
Agree to these Terms.

Creating an Account

Some Website features require you to create an account. You must:

Not use another user's account without permission.
Provide accurate & complete information when creating your account.
Keep your password secure & confidential.
Notify Hypha Curates immediately of any unauthorised use of your password or account, or any other security breach.

Hypha Curates is not liable for any loss or damage resulting from your failure to comply with these security requirements.

Eligibility

By registering, you confirm you are of legal age to form a binding contract & are not prohibited from using the Website by any laws. You agree to keep your registration information true, accurate, current & complete. If we suspect your information is not complete, current, or accurate, or if you violate these Terms, your account may be suspended or terminated & you may be barred from using the Website.

Prohibited Activities

You agree not to use any automated system (e.g., robots, spiders, scrapers) to access the Website in a way that sends more requests to our servers than a human could reasonably produce. Public search engine operators are permitted to use spiders for creating public search indices, but not for caches or archives. Hypha Curates reserves the right to revoke this permission.

You also agree not to collect or use any personally identifiable information (including account names or email addresses) from the Website, nor use its communication systems for any commercial solicitation.

4. Your Use of the Website and Content

These Terms apply to all Website users, including those who contribute Content. The Website may contain links to third-party websites not controlled by Hypha Curates. We are not responsible for the content, privacy policies, or practices of any third-party websites. By using the Website, you release Hypha Curates from any liability arising from your use of third-party websites.

User Code of Conduct

When using the Website & posting Content (including in blogs, discussion groups, emails, profiles, or comments), you must not:

Upload, post, or transmit any libelous, defamatory, pornographic, sexually explicit, unlawful, or plagiarised Content.
Infringe or violate any patent, copyright, trademark, trade secret, or other property right.
Violate any laws or breach a duty of confidentiality (e.g., inside information).
Post Content that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically, or otherwise objectionable.
Violate or encourage others to violate any applicable law, statute, ordinance, or regulation.
Promote unsolicited email software or services.
Contain viruses, trojan horses, worms, time bombs, or other harmful programming routines.
Harm minors in any way.
Post personal information like phone numbers, street addresses, last names, or email addresses.
Engage in commercial activities within the Website.
Undermine any rating systems used by Hypha Curates.
Provide false or deceptive information in your profile or other Content.
Harass or stalk other users.
Delete, add, or change other people's Content without permission.
Allow others to use your account in a way that violates these Terms.
Copy, modify, or distribute Content from the Website or any Hypha Curates copyrights or trademarks.
Impersonate any person or entity.
Forge headers or manipulate identifiers to disguise the origin of Content.
Transmit unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other solicitations.

5. Sales of Goods

Sellers offer Goods for sale and rental via the Hypha Curates Website. Hypha Curates acts as an agent for the Seller in the sale of any Goods unless stated otherwise. The Contract between the Buyer and Seller is governed by these Terms & any Special Conditions.

Hypha Curates' or the Seller's employees are not authorised to make representations about Goods unless confirmed in writing by the Seller.
Hypha Curates and the Seller reserve the right to reject any Order without providing a reason. An Order is only accepted when confirmed unconditionally by the Seller in the Order Confirmation.
We continuously develop products with our Sellers, Artists, and Curators. We reserve the right to amend Goods specifications without notice. Due to the bespoke nature of many Goods, exact sizes may vary slightly from listed dimensions.
We endeavor to display accurate colors of Goods, but cannot guarantee exact color matches due to monitor variations.

6. Price, Payment, and Currencies

All prices include applicable sales taxes in the Goods' country of origin. The Buyer is responsible for any other taxes (e.g., customs duties) in the delivery territory.
Payment must be made by credit or debit card at the time of placing an accepted Order. Full payment is taken at this time & the Contract begins.
You confirm that all details provided for your Order & delivery are correct, that you own the chosen payment method & that sufficient funds are available. Hypha Curates may validate your card details before accepting your Order.
Any credit towards payment is accumulated & applied solely at the Seller's discretion. Hypha Curates may limit, invalidate, or deny credit application & amend or terminate credit accumulation conditions at any time.
Discounts & promotions are subject to availability & may be terminated or amended by Hypha Curates at any time. The Seller may reject Orders based on erroneous pricing, discounts, or promotions. Discounts are generally not cumulative.

7. Delivery

Delivery will be to the address shown on the Order, usually by regular postage or courier suggested by Hypha Curates.
The Seller aims to process & ship Orders within 7 days of payment & Order Confirmation. Delivery dates are indicative only; Hypha Curates & the Seller are not liable for any losses or expenses due to delivery delays.
You must inspect Goods upon delivery. If delivered by courier, sign the proof of delivery. A signature confirms receipt of the stated quantity of Goods, free from apparent defects. If Goods are damaged or defective on delivery, a written description of the damage/defect must be provided at the time of delivery & signed by or on behalf of the Buyer.
If you wrongfully fail to take delivery, the Seller is not obligated to refund the Price.
Purchased Goods may not be returned unless specified in Section 9 below.

8. Risk of Damage and Transfer of Goods

Risk of damage or loss of Goods transfers to you upon delivery at the agreed address.
Ownership of Goods remains with the Seller until full payment of the Price & all other sums owed by you to the Seller have been received.

9. Returns and Cancellations

You have the right to return a purchase within fourteen (14) days of Receipt for an exchange or refund if the item is Defective or for any other reason, provided you:

Email sales@hyphacurates.com within fourteen days of Receipt, stating your Invoice Number, Artwork title, reason for return & request for exchange or refund.
Return the Goods to Hypha Curates in the condition they arrived in, following the instructions we send you.
Ensure all Goods are returned in their original packaging (which you should retain) & are in an unused condition.
Hypha Curates is not liable for any damage to Goods after Receipt. We cannot accept returns of Goods damaged after Receipt.
We will process refunds/exchanges within 30 days of receiving returned Goods.
For Goods shipped to a different country than their origin, Hypha Curates may offer only a partial refund, subject to outbound and return shipping & handling costs.

You may request to cancel an Order within 24 hours of placing it by emailing sales@hyphacurates.com. We will, at our discretion (depending on shipping status & whether the order has been processed), either issue an immediate refund or advise you to follow the normal returns policy.

10. User Content & Artist Submissions

We cannot assume responsibility for materials posted by users due to the interactive nature of the Website. Ideas, suggestions, opinions, comments & observations by Website users ("Opinions") & any Content provided by users are not endorsed by Hypha Curates. We do not guarantee the reliability, accuracy, or quality of any Content. You acknowledge that you evaluate & bear all risks related to your use of any Content, including reliance on its accuracy. All user Content posted is the sole responsibility of the person who originally posted it; your only recourse for damage from this Content is to that individual.

Hypha Curates requires artists to agree to specific art submission terms & these Terms when submitting "Art Submissions." While we try to validate all Art Submissions, the person uploading them is solely responsible for their content. Your sole recourse for any damage from Art Submissions sold or made available via the Website is to that individual.

11. Anti-Money Laundering (AML) Compliance

Hypha Curates is committed to preventing money laundering & terrorist financing in accordance with applicable laws and regulations, including the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs), as amended, and the guidance issued by the British Art Market Federation (BAMF).

11.1. Scope of Application: These AML compliance measures apply to all users involved in transactions on the Website for the sale or purchase of works of art where the value of a single transaction, or a series of linked transactions, amounts to €10,000 or more (or its equivalent in other currencies). This threshold may be subject to change based on regulatory updates.

11.2. Customer Due Diligence (CDD): a. For transactions meeting or exceeding the threshold mentioned in Section 10.1, you acknowledge & agree that Hypha Curates, or our designated third-party service providers, will be required to perform Customer Due Diligence (CDD) procedures. b. These procedures involve obtaining & verifying certain information to identify and confirm the identity of our customers (both buyers & sellers), & where applicable, their beneficial owners. This may include, but is not limited to: * Proof of Identity: Such as a valid passport or national identity card (for individuals) or incorporation documents & beneficial ownership information (for corporate entities). * Proof of Address: Such as a recent utility bill or bank statement. * Source of Funds: Information regarding the origin of the funds used for the transaction. * Purpose & Intended Nature of the Business Relationship: Understanding the reason for the transaction. c. You agree to cooperate fully & provide all requested information & documentation promptly and accurately to enable Hypha Curates to fulfill its AML obligations. Your failure to provide the necessary information may result in the delay or cancellation of your transaction, or the suspension or termination of your account. d. You warrant that all information & documents provided by you for CDD purposes are true, accurate, current & complete. Providing false or misleading information, whether knowingly or recklessly, may constitute an offence under applicable AML regulations and could lead to legal penalties and/or the immediate termination of your account and access to the Website.

11.3. Refusal or Suspension of Services: Hypha Curates reserves the right to refuse, suspend, or terminate any transaction, service, or account at its sole discretion if it: a. Is unable to complete its CDD procedures to its satisfaction. b. Knows, suspects, or has reasonable grounds to suspect that a transaction or activity is linked to money laundering, terrorist financing, or other illicit activities. c. Believes that proceeding with a transaction would violate any applicable laws or regulations, including sanctions.

11.4. Reporting Obligations: You acknowledge that Hypha Curates is legally obligated to report any suspicious activity or transactions to the relevant authorities, such as the National Crime Agency (NCA) in the UK, without prior notice to you, where there are reasonable grounds for suspicion of money laundering or terrorist financing. Hypha Curates will not be liable for any loss or damage incurred by you or any third party as a result of such reporting or our compliance with AML laws.

11.5. Data Privacy for AML: All personal data collected for AML compliance will be processed in accordance with our Privacy Policy and applicable data protection laws, solely for the purpose of fulfilling our legal & regulatory obligations related to anti-money laundering & counter-terrorist financing.

12. Intellectual Property Rights

Content on the Website, excluding Art Submissions, created by Hypha Curates & the trademarks, service marks & logos ("Marks"), are owned by or licensed to Hypha Curates. They are protected by UK & international copyright & intellectual property laws. Content is provided AS IS for your information & personal use only. It may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose without prior written consent from Hypha Curates or as expressly permitted herein. Hypha Curates reserves all rights not expressly granted.

You agree not to engage in the use, copying, or distribution of any Content beyond what is expressly permitted, including any Art Submissions of third parties obtained through the Website, for commercial purposes. You agree not to download or print any Art Submissions for personal or commercial use. You agree not to circumvent, disable, or interfere with security features that prevent or restrict the use or copying of Content or enforce limitations on Website use.

13. Copyright Infringement

Hypha Curates requires users and artists to respect all copyright laws. You may not post, modify, distribute, or reproduce any copyrighted Content (including Art Submissions) belonging to others without their prior written consent. Hypha Curates reserves the right to remove any Content or Art Submissions believed to infringe copyright rights & to terminate accounts of users believed to be infringing copyright laws or these Terms.

If you believe your work has been copied or posted on the Website in a way that constitutes copyright infringement, please send a written communication to artists@hyphacurates.com that includes:

Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works at one site).
Identification of the material claimed to be infringing or subject to infringing activity & information reasonably sufficient for Hypha Curates to locate the material (URLs are best).
A statement that you have a good faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law.
Your contact details.

Hypha Curates will investigate & contact you to request additional information & inform you of the action to be taken.

14. Termination

Hypha Curates may, under certain circumstances & without prior notice, immediately terminate your account & access to the Website and any other Hypha Curates services. Reasons for termination include, but are not limited to:

Breaches or violations of these Terms or other agreements/guidelines.
Requests by law enforcement or government agencies.
Your request for self-initiated account deletion.
Discontinuance or significant modification of the Website.
Unexpected technical or security issues.
Extended periods of inactivity.
Engagement in fraudulent or illegal activities.
Non-payment of fees owed to Hypha Curates.

Termination includes removing access to parts of the Website, deleting your password & related information/files & barring further use of the Website. You agree that terminations are at Hypha Curates' sole discretion & we are not liable to you or any third party for any termination of your account or access to the Website.

15. Modifications to the Website

Hypha Curates reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Hypha Curates is not liable to you or any third party for any modification, suspension, or discontinuance of the Website.

16. Warranty Disclaimer

You use the Website at your sole risk. To the fullest extent permitted by law, Hypha Curates & its affiliates, directors, officers, employees & partners, disclaim all warranties, express or implied, in connection with the Website & your use.

Hypha Curates makes no warranties or representations regarding the accuracy or completeness of the Website's content or content of linked sites & assumes no responsibility for:

Errors, mistakes, or inaccuracies in content.
Personal injury or property damage resulting from your access & use of the Website.
Unauthorised access to or use of our secure servers & any personal information stored therein.
Interruption or cessation of transmission to or from the Website.
Bugs, viruses, trojan horses, or similar harmful code transmitted through our Website by any third party.
Errors or omissions in any content, or any loss or damage incurred from using content posted, emailed, or otherwise made available via the Website.

Hypha Curates does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or promotion, and will not be a party to or monitor any transaction between you and third-party providers of products or services. No oral or written advice or information from Hypha Curates or through the Website creates any warranty not expressly stated in these Terms. You should exercise caution when purchasing products or services.

17. Limitation of Liability

In no event shall Hypha Curates, or its affiliates, directors, officers, employees, and partners, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages arising from:

Errors, mistakes, or inaccuracies in content.
Personal injury or property damage resulting from your access and use of the Website.
Unauthorized access to or use of our secure servers and any personal information stored therein.
Interruption or cessation of transmission to or from the Website.
Bugs, viruses, trojan horses, or similar harmful code transmitted through our Website by any third party.
Errors or omissions in any content, or any loss or damage incurred from using content posted, emailed, or otherwise made available via the Website.

This applies whether based on warranty, contract, tort, or any other legal theory, even if Hypha Curates is advised of the possibility of such damages. This limitation applies to the fullest extent permitted by law.

You specifically acknowledge that Hypha Curates is not liable for any Content, Art Submissions, copyright violation by a user, or for any defamatory, offensive, or illegal conduct by any third party. The risk of harm or damage from these rests entirely with you.

Regarding Goods purchased, the total liability of Hypha Curates and its partners for claims arising from the performance or non-performance of Seller obligations, or rendition of services, shall not exceed the net purchase price (excluding taxes and freight) for such products or services. Liability will not include damages for loss of profits or revenue, increased costs, claims of customers, inventory charges, or incidental or consequential damages of any nature.

The Website is controlled and offered by Hypha Curates from its facilities in the United Kingdom. Hypha Curates makes no representation that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

18. Indemnity

You agree to defend, indemnify & hold harmless Hypha Curates, and its affiliates, directors, officers, employees, & partners, from & against any and all claims, damages, obligations, losses, liabilities, costs, or debt & expenses (including legal fees) arising from:

Your use of & access to the Website.
Your violation of any of these Terms.
Your violation of any third-party right, including any copyright, property, or privacy right.
Any claim that your Content or Art caused damage to a third party.

This defence and indemnification obligation will survive these Terms & your use of the Website.

19. Ability to accept Terms & Conditions

By using the Website, you affirm that you are either over 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms & comply with them. The Website is not intended for children under 13. If you are under 13, please do not use the Website.

20. Assignment

You may not assign, transfer, delegate, or sublicense these Terms or any rights/licenses granted hereunder. Hypha Curates may assign, transfer, delegate & sublicense without restriction.

21. Copyright & Trademarks

The Website is All Rights Reserved. No portion of the Website may be copied, reproduced, transmitted, or otherwise used for any purpose without the prior written permission of Hypha Curates. All Hypha Curates & Website trademarks are owned by Hypha Curates & may not be used without prior written permission.

22. General

If any provision of these Terms is deemed invalid by a court, the remaining provisions remain in full force. Our failure to assert any right or provision does not waive that right or provision. Hypha Curates reserves the right to amend these Terms at any time without prior notice; changes take effect upon posting to the Website. It is your responsibility to review these Terms for changes. Your continued use of the Website after any amendment signifies your acceptance of the revised terms. Any cause of action related to the Website must commence within one (1) year after it accrues, or it is permanently barred.

23. Violations of these Terms & Conditions

Please report any violations of these Terms, including objectionable User Submissions, Content, or behavior, to sales@hyphacurates.com. Provide reasons for your concern and a link to the Content or describe the behavior in question. Hypha Curates will investigate & determine, at its sole discretion, whether to remove the material or take action against the user.