ARTWORLD GENERAL TERMS OF USE

These General Terms of Use (“this Agreement”) are an agreement between ARTWORLD TECHNOLOGY SDN. BHD. (Registration No. 200001012843 / 515449-M) a company incorporated in Malaysia and having its business address at No. 12, Jalan 14/118B, Desa Tun Razak, 56000 Kuala Lumpur, Malaysia (“Artworld”) and you (“you”, “your” or “User”) which sets forth the legal terms and conditions governing your use of a website known as www.artworld.com.my and/or www.artworldestore.com (“the Website”) and for your purchase any products under the Website (“Artworld Products”) and other services, benefits and programmes (collectively referred to hereinafter as “the Offerings”). 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION

1. ACCEPTANCE OF AGREEMENT
   1. Your use of the Website and all information, data, text, software, information, images, sounds or other materials contained therein or your use of any of the Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, please do not access or otherwise use the Website or any of the Offerings.
   2. If you are dissatisfied with the Website or the Offerings, your sole and exclusive remedy is to stop using the Website or the Offerings except for the limited warranties that may apply to Artworld Products.
   3. This Agreement applies to Artworld Sale of Goods Agreement, Artworld Privacy Policy (“the Privacy Policy”), any other terms and policies incorporated herein by reference.
   4. The information on the Website is directed solely at persons accessing the Website from Malaysia. Artworld make no representation that any products or offerings referred to on the Website is available or appropriate for use for any other location.
   5. The information included in the Website are subject to change at any time without notice. By accessing or linking to the Website (to the extent linking is permissible), you assume the risk that the information on the Website may be changed or removed.
2. MODIFICATIONS
   1. Artworld reserves the right at any time to: -
      1. change the terms and conditions of this Agreement;
      2. enhance, add to, modify or discontinue the Website or the Offerings or any portion of the Website or the Offerings at any time in Artworld’s sole discretion.
   2. From time to time, Artworld reserve the rights in its sole discretion to modify, update, add to, discontinue, remove, revise or otherwise change any portion of this Agreement, in whole or in part, at any time. For changes to this Agreement that Artworld considers to be material, Artworld will place a notice on the Website by revising the link on the Website to read substantially as “Updated Terms of Use” for a reasonable amount of time. If you access or use the Website or any of the Offering in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of this Agreement will be available on the Website and will supersede all previous versions of this Agreement.
   3. The Website or the Offerings, in whole or in part, may be enhanced, modified or discontinued at Artworld’s sole discretion. Any enhancements, additions or modifications to the Website or the Offerings will be subject to this Agreement.
3. ELIGIBILITY

   You represent and warrant that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) you are at least the age of thirteen (13) and are accessing the Website with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain features on the Website (including, but not limited to, user registration) and certain Offerings may be subject to heightened age and/or other eligibility requirements.

4. USE OF PLATFORM AND/OR OFFERING
   1. Artworld grants you a non-transferable and revocable license to use the Website and any of the Offerings subject to this Agreement for the purpose of shopping for Artworld Products sold on the Website. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by Artworld in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted herein without notice to you.
   2. Content provided on the Website is solely for informational purposes. 
   3. The Offerings made available on the Website requires registration of user account. Should you choose to register as user, you agree to provide accurate and current information about yourself and to promptly update such information if there are any changes. Every user of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The user account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify Artworld of any unauthorized use of your password or account. Artworld shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Clause.
   4. Artworld may from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any of the Offerings and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website or any part of the Offerings.
   5. Artworld reserves the right, but shall not be obliged to: -
      1. monitor, screen or otherwise control any activity, content or material on the Website and/or through the Offerings. Artworld may in its sole and absolute discretion, investigate any violation of the terms contained herein and may take any action it deems appropriate;
      2. prevent or restrict access of any an authorised user to the Website and/or the Offerings;
      3. report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
      4. to request any information and data from you in connection with your use of the Offerings and/or access of the Website at any time and to exercise Artworld’s right under this clause if you refuse to divulge such information and/or data or if you provide or if Artworld reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
5. PROPRIETARY RIGHTS
   1. The Website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, code, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, “the Material”) are owned by or licensed to Artworld or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. 
   2. Unless expressly permitted in writing by Artworld, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Material. Nothing contained in this Agreement or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Artworld or such third party that may own the Material or intellectual property displayed on the Website. 
   3. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Material is strictly prohibited.
   4. Any use of the Material other than as permitted by this Agreement will constitute a violation of this Agreement and may constitute copyright and/or patent infringement. You agree not to use the Material for any unlawful purposes and not to violate Artworld’s rights or the rights of others. You agree not to interfere (or permit the use of your user account by a third party to interfere) with the normal processes or use of the Website by other users, including without limitation by attempting to access administrative areas of the Website. You agree to report any violation of this Agreement by others that you become aware of. You are advised that Artworld will aggressively enforce Artworld’ rights to the fullest extent of the law. Artworld may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. 
6. THIRD PARTY LINKS
   1. The Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Artworld. Artworld does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Website, you do so at your own risk and you understand that this Agreement and the Privacy Policy do not apply to your use of such sites. 
   2. You expressly relieve Artworld from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Artworld shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
   1. The Website is presented “as is”. Artworld makes no representations or warranties of any kind whatsoever, express or implied, in connection with this Agreement or the Website and exclude all representations, warranties and conditions of any kind whatsoever, express or implied, in connection with this Agreement or the Website, including but not limited to warranties or conditions of satisfactory quality, merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
   2. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, missing delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
   3. Further, to the fullest extent permitted by law, Artworld shall not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Ringgit Malaysia One Hundred (RM100.00).
   4. You agree that no claims or action arising out of, or related to, the use of the Website or this Agreement may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
8. INDEMNIFICATION
   1. By using the Website, you agree to indemnify, defend and hold the released parties harmless from and against any third-party claims, alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defence, including, without limitation, reasonable attorneys’ fees, arising out of or relating to: -
      1. your breach of your representations, warranties, covenants or agreements hereunder; 
      2. your violation of this agreement or any law; 
      3. your use of the Website and/or the offerings in violation of this Agreement; 
      4. information or material posted or transmitted through your computer or user account, even if not submitted by you, that infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; 
      5. any misrepresentation made by you; and/or 
      6. your use of our information. 
   2. You will cooperate as fully and as reasonably required in Artworld’s defence of any claim. Artworld reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any such matter without our written consent.
9. TERMINATION
   1. Artworld will determine your compliance with this Agreement in Artworld’s sole discretion and Artworld decision shall be final and binding. Any violation of this Agreement may result in restrictions on your access to all or part of the Website may be referred to law enforcement authorities. 
   2. Upon termination of your access to the Website or upon demand by us, you must destroy all materials obtained from the Website and all related documentation and all copies and installations thereof. You are advised that Artworld will aggressively enforce Artworld’s rights to the fullest extent of the law.
   3. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
10. FORCE MAJEURE
    1. “Force Majeure Event” means any event or circumstance the occurrence and the effect of which Artworld could not reasonably prevent or avoid including:
       1. explosion, fire, flood, war, earthquake, storm or other natural disasters;
       2. war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts, riot or civil disturbance;
       3. import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority;
       4. epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority;
       5. strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of Artworld or any other person); and
       6. any default act or omission on the part of Artworld's suppliers or sub-contractors.
    2. If at any time during the subsistence of this Agreement, Artworld is unable to exercise any of its benefits under this Agreement or to perform any of the obligations herein, due to any Force Majeure Events then such non-performance or failure to fulfil its obligations shall not be deemed to be a breach of this Agreement.
    3. Neither party shall be liable in any way for any losses arising directly or indirectly from any failure or delay in performing any of its obligations under this Agreement caused by any Force Majeure Events provided that such Force Majeure Events is notified promptly to the other party.
    4. If a party (the Affected Party) is unable to perform any of its obligations under this Agreement as a result of the Force Majeure Events for more than thirty (30) Calendar Days, the other party may terminate this Agreement at any time and without further liability upon giving written notice to the Affected Party.
11. JURISDICTIONAL ISSUES

    The Website is owned and operated by Artworld in Malaysia. Artworld makes no representation that the Website and/or the Offerings are appropriate or available for use in your location. Those who choose to access the Website from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12. RELATIONSHIP

    No agency, partnership, joint venture or employment relationship is created by this Agreement or your use of the Website and/or the Offerings, and you do not have any authority of any kind to bind Artworld in any respect whatsoever.

13. APPLICABLE LAW
    1. This Agreement governed by and construed in accordance with the laws of Malaysia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Malaysia. If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or un-enforceability will not affect the remainder of this Agreement, which will continue in full force and effect. If you access this Website in a jurisdiction other than Malaysia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
    2. Artworld makes no representations that the content of this Website complies with the laws of any country outside Malaysia.
14. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
    1. Visiting the Website, sending emails to Artworld, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications Artworld provides to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
    2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website.
    3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
15. NOTIFICATION PROCEDURE

    Artworld may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Website, as determined by Artworld in its sole discretion. Artworld reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. Artworld is not responsible for any automatic filtering you or your network provider may apply to email notifications Artworld send to the email address you provide Artworld. 

16. DATA PRIVACY AND PROTECTION
    1. If you provide information to the Website, you agree to provide accurate, current and complete information about you when requested and you agree to maintain and update such information as appropriate. 
    2. You acknowledge and accept that Artworld will gather and use your personal data and/or credit card information obtained in the process of registration of user account and accessing the Offerings through the Website. By registration of user account of the Website, you agree to be bound by the Privacy Policy which may be amended from time to time. For more information, please read the Privacy Policy on the Website.
    3. Artworld agrees to maintain your data privacy in accordance with Malaysia’s Personal Data Protection Act 2010. 
17. SUCCESSORS, ASSIGNS AND PERMITTED ASSIGNS

    This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns and permitted assigns.

18. GENERAL
    1. This Agreement shall constitute the entire agreement between you and Artworld pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.
    2. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby. 
    3. No failure on the part of Artworld to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
    4. Artworld may assign any or all of Artworld’s rights and obligations to others at any time. Artworld shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond their reasonable control.
    5. Artworld reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under this Agreement and reserves the right to use any service providers, subcontractors and/or agents on such terms as deem appropriate. 
    6. Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. 
    7. The headings in this Agreement are for convenience only and shall not affect the interpretation of any parties.