Terms
Terms of Use
What you can do with Okasen's data and figures, what needs our permission first, and the terms governing your use of this site.
Last updated: [TO CONFIRM: date of publication] Effective: [TO CONFIRM: effective date]
These terms govern your use of okasen.art and the data, indices, ratings, reports and other materials we publish on it (together, the Site). Please read them. By using the Site you agree to them; if you do not agree, please do not use the Site.
Separate written agreements govern our Advisory and Ratings engagements. Where such an agreement exists, it prevails over these terms for that engagement.
1. Who you are contracting with
The Site is operated by Okasen Technologies Limited, registered in [TO CONFIRM: jurisdiction] under number [TO CONFIRM: company number], registered office [TO CONFIRM: registered address] ("Okasen", "we", "us", "our").
You can reach us at [TO CONFIRM: legal@okasen.art].
2. What the Site is for
The Site publishes market data, indices, valuations, ratings, rankings and editorial about the African art market.
All of it is published for information only. It is not investment advice, not a recommendation, not an appraisal, and not an offer or solicitation to transact. Our Disclosures explain in detail what each type of figure is and is not, and they form part of these terms. If you are going to rely on anything here in a real decision, read them first.
3. Using the Site
You may use the Site for your own business or personal research, and you may quote and cite our published figures as set out in section 4.
You must not:
- use any automated system — crawler, scraper, bot, or similar — to extract data from
the Site, except a search-engine crawler operating within our
robots.txt; - extract or re-use a substantial part of our databases, or repeatedly extract insubstantial parts in a way that conflicts with our normal exploitation of them;
- resell, redistribute or commercially exploit our data as a dataset or a feed, or build a competing product from it;
- circumvent any access control, rate limit, paywall or subscription gate;
- copy, adapt or reverse-engineer any part of the Site's software;
- upload or submit anything unlawful, defamatory, infringing, or malicious;
- misrepresent our figures — including quoting a point estimate without its confidence band, presenting a pre-launch re-fitted index point as a contemporaneous track record, or attributing to us a statement we have not made;
- present our data as your own, or as independently verified by you when it is not; or
- use the Site in breach of any applicable law or sanctions regime.
We may suspend or withdraw access if you breach these terms, or if we reasonably believe your use threatens the Site's integrity or availability.
4. Citing and re-using our data
Our purpose is to become the public record of this market, and a public record that cannot be cited is not one. So:
You may, without asking us:
- quote individual Okasen figures — an index level, a percentage change, a liquidity score, a Movers position — in research, journalism, academic work, valuations, presentations and commentary;
- reproduce reasonable extracts from our published editorial for the purpose of criticism, review, reporting or quotation;
provided that you attribute the figure to Okasen, identify the index or series and its "as of" date, link to the source page where the format allows it, and do not alter the figure or present it in a way that misrepresents it.
You need our prior written permission for:
- systematic or bulk extraction of our data, by any means;
- redistribution of our data as a dataset, feed, API, or database;
- any commercial product or service that incorporates our data as a substantial component;
- use of our figures in a marketing claim about a specific artist, work, gallery or collection; or
- any use of our name or marks implying endorsement, partnership, or that we have verified something we have not.
Requests go to [TO CONFIRM: licensing@okasen.art]. We grant these routinely and are not trying to make it difficult.
Nothing in this section limits rights you have under applicable copyright exceptions.
5. Intellectual property
The Site, its design, software, text, editorial, methodology documents, compilations of data, and our names, logos and marks are owned by Okasen or licensed to us, and are protected by copyright, database rights, trade mark and other laws.
Individual factual data points — a hammer price, a date, a dimension — are facts and we claim no copyright in them. What we do claim, and what section 3 protects, is our compilation: the selection, verification, structuring and maintenance of the database, which is the part that took the work.
Third-party content on the Site — including any image, text or mark belonging to an artist, photographer, gallery or auction house — remains theirs, and nothing here grants you a licence to it.
Your use of the Site grants you no rights in any of it beyond those expressly stated here.
6. Things you send us
Inquiries and submissions. When you send us a consultation request, contact message, newsletter signup or other submission, we handle the personal data in it as described in our Privacy Policy.
Data you supply as a partner. Where you supply transaction or inventory data under a data-partnership arrangement, that arrangement governs it. You keep ownership; you grant us a licence to use it in our indices, valuations and research; and the terms of confidentiality and attribution are as agreed in writing with you. Absent a written agreement, we treat partner-supplied transaction data as confidential and use it only in aggregate.
Feedback. If you send us suggestions about the Site, you agree we may use them freely and without obligation to you. This is not a route by which we acquire rights in anything else you send.
7. Accuracy, and what we do not promise
We work hard on our data and we publish our methodology so it can be checked. But:
- the Site is provided "as is" and "as available";
- we do not warrant that our data is complete, accurate, current, or error-free;
- we do not warrant that the Site will be uninterrupted or secure;
- our indices, valuations, ratings and scores are estimates and opinions, and may be revised; and
- where our methodology or a model changes, published figures may be restated. We record revisions, and section 4's attribution requirement exists partly so that a restated figure can be traced.
To the fullest extent permitted by law, we exclude all warranties, conditions and terms implied by statute or common law.
8. Limitation of liability
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited. If you are a consumer, nothing in these terms affects your statutory rights.
Subject to that:
- We are not liable for your decisions. We are not liable for any loss arising from a purchase, sale, loan, insurance, tax, probate or other decision made in reliance on anything published on the Site.
- No reliance without agreement. We accept no duty of care, and no liability, to any person who relies on a report, rating or valuation without a written reliance agreement with us. Where such an agreement exists, our liability is as stated in it.
- Excluded losses. We are not liable for loss of profit, revenue, business, opportunity, anticipated savings, goodwill or reputation, or for any indirect or consequential loss, however arising.
- Cap. Our total liability arising out of or in connection with your use of the Site, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited in aggregate to [TO CONFIRM: GBP/USD/NGN amount — for free public Site use, a modest fixed cap such as USD 1,000 is conventional and defensible. Engagement liability is capped separately in each engagement letter and should be set by reference to fee level and insurance cover].
These limits are reasonable given that the Site is provided free of charge and that its contents are expressly published for information rather than for reliance.
9. Third-party links
The Site links to third-party sites, including our sources. We do not control them, do not endorse them, and are not responsible for their content or their handling of your data. A citation is evidence of where a figure came from, not approval of the site it came from.
10. Indemnity
If you use the Site in breach of section 3 or section 4 — in particular by extracting, redistributing or commercialising our data without permission, or by misrepresenting our figures — you will indemnify us against claims, losses and reasonable costs arising from that use. This does not apply to consumers using the Site for personal purposes.
11. Changes
We may change these terms. Where a change is material we will post a notice on the Site and update the "Last updated" date above. Continuing to use the Site after that means you accept the revised terms. We keep prior versions and will provide one on request.
12. Suspension and termination
We may suspend or terminate your access at any time for breach of these terms. Sections 4 (re-use restrictions), 5 (intellectual property), 8 (liability), 10 (indemnity) and 13 (law) survive termination.
13. Governing law and disputes
These terms, and any dispute arising out of them or your use of the Site, are governed by the law of [TO CONFIRM: governing law — this choice matters and should be made deliberately. England and Wales is the conventional choice for cross-border art-market work and has well-developed law on negligent misstatement and secret commissions; Nigerian law may better match the operating base and enforcement reality. We should discuss before this is fixed].
The courts of [TO CONFIRM: jurisdiction] have exclusive jurisdiction, except that if you are a consumer you may bring proceedings in the courts of your country of residence, and nothing deprives you of the protection of the mandatory law of that country.
[TO CONFIRM: whether to add an arbitration clause for commercial users. For B2B ratings and advisory work an LCIA or similar arbitration clause is worth considering; it does not belong in consumer-facing website terms.]
14. General
- Entire agreement. These terms, the Disclosures and the Privacy Policy are the whole agreement between us regarding the Site.
- Severance. If any provision is unenforceable, the rest stands.
- No waiver. Not enforcing a provision is not a waiver of it.
- No third-party rights. No one other than you and Okasen has rights under these terms [TO CONFIRM: under the Contracts (Rights of Third Parties) Act 1999 or local equivalent — align with the governing-law choice above].
- Assignment. You may not assign your rights. We may assign ours to a successor.
15. Contact
Okasen Technologies Limited [TO CONFIRM: registered address] [TO CONFIRM: legal@okasen.art]