TERMS & CONDITIONS
Welcome to www.aureo.art (hereinafter – “the Website”). Our service(s) and product(s) provided herewith are subjected to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions, as they contain important provisions relating to your use of the website. The website is owned and operated by Aureo Gallery Sdn Bhd (“Aureo Gallery“).
- The Website is managed by Aureo Gallery a company incorporated in Malaysia with registered address at Unit A-10-3, Tower A, Vertical Business Suite, Bangsar South, 59200, Kuala Lumpur, Malaysia.
- All applications to register for the Website, and all orders to purchase the Artwork, are made subject to these Terms & Conditions.
- By visiting the Website and/or purchasing our product(s) and/or service(s), you have used our “Service” and agreed to be bound by the following terms and conditions (“Terms of Service”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- Any new features or tools which are added to the current version of the Website shall also be subjected to the Terms of Service herein. You can review the most current version of the Terms of Service at any time on this page. We reserve the rights to update, change or replace any part of these Terms of Service at any time by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continue usage of or access to the Website following the posting of any changes and/or updates made shall constitutes to your acceptance of those changes and/or updates.
TERMS OF SERVICE
License and Website Access
We grant you a limited, revocable license to access and make personal use of the Website as our customer. However, you are not permitted to:
- reproduce, duplicate, copy, sell and/or otherwise exploit the Website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, copyright and/or or any other content(s) (“Website Content”) for any commercial purpose, except as expressly provided;
- use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
- use any meta tags, search terms, key terms, or the like that contain the Website’s name or trademarks used on the Website;
- engage in any activity that interferes with the Website or any other user’s ability to use the Website;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the services offered on the Website; or
- assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.
Any use of the website and/or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy the legal requirement that such communications be in writing.
Should you opt or select to receive SMS (text messages) from the Website (as/when available), or to select communication via mobile application, the following additional terms and conditions (“Mobile Terms”) shall also apply to you. Your access to the Website via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms and Conditions.
By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods and/or services from the Website. By agreeing to receive SMS messages from the website, you certify that you are over 18 years of age and (a) you are the holder of mobile account; or (b) you have the mobile account holder’s permission to enrol the designated mobile phone number and can incur any mobile messages or data charges. You agree that you are solely responsible for all messages and data charges that incur due to the use of your mobile device and/or mobile application to access the Website. All such charges are billed by and payable to your mobile service provider.
Please contact your participating mobile service provider(s) for pricing plans, participation status and details. You understand that wireless through Wi-Fi and/or a participating mobile service provider(s) may not be available in all areas at all times and may be affected by product, software, coverage and/or other service changes made by your mobile service provider(s) or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application. You can opt out of receiving SMS messages at any time.
- By accessing, responding to, subscribing to, or making any purchase or payment through any Electronic Services you agree to be bound by these terms and conditions and any acceptable use policy we may introduce in future (which will form part of these Terms and Conditions).
- You agree to protect and keep secret any login information, username or password created or made available to you for any Electronic Services. We will have no liability to you of any kind for loss or damage you may suffer as a result of unauthorised access to or use of such information as a result of your acts, omissions or negligence.
- We may accept payments for products you order through our Electronic Services. We use third party payment gateway service providers (“Payment Providers”) to facilitate such payments. The amount you are authorising us to charge you through your selected payment method will be displayed at the time you authorise the payment to us. An acceptance of your payment does not signify acceptance of any of your ticket application and/or order.
We make no guarantees that our Electronic Services and/or Payment Providers and/or the information contained in or provided through our Electronic Services will be free of harmful computer viruses, data, code or programs. You should ensure you are using an up-to-date virus scanner.
By using the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit contents, or cancel orders in our sole discretion.
All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product(s) and/or service(s) does not provide the purchaser with any copyright interest or other intellectual property right in the product(s) and/or service(s). All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software(s) used on the website is our property or the property of our software supplier(s) and is protected by international copyright laws.
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of the Website and/or Aureo Gallery and/or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by the Website, Aureo Gallery and/or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.
COPYRIGHT & TRADEMARK COMPLIANCE; COMPLAINTS
We honour the intellectual property rights of others. If you believe that your work has been copied or used on the Website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph(s). Except in limited instances under authorized agreements, we do not reproduce or manufacture the product(s) and/or service(s) offered on our site, but rather we purchase or license product(s) and/or service(s) from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the product(s) and/or service(s) on the Website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) and/or service(s) from the Website and/or cease sales of the product(s) and/or service(s) pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used on the website in a way that constitutes copyright or trademark infringement, please fill out the Notice of Claimed Infringement form, sign the form were indicated and submit it to:
Attention: Legal Department
UNIT A-10-3, TOWER A, VERTICAL BUSINESS SUITE,
AVENUE 3, BANGSAR SOUTH, NO. 8,JALAN KERINCHI,
59200 KUALA LUMPUR, MALAYSIA
SUGGESTIONS AND IDEAS
Visitors may submit suggestions, ideas or questions to (insert email address). By doing so, you acknowledge that you have consented for us to use, disclose, reproduce, modify, license, transfer and/or exploit any suggestions or ideas in any manner.
THIRD PARTY LINKS AND/OR SERVICES
We may use third-party Service Providers to monitor and analyze the use of our Website. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
LIMITATION OF LIABILITY
We do not guarantee and/or accept responsibility that the Website, its servers, or e-mail sent from the website are free of viruses and/or other harmful components. We will not be liable for any losses and/or damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
TERMS OF SALE
These Terms of Sale apply to all offers made by the Website, all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on the Website.
Notwithstanding the product prices shown on the Website, we do not guarantee and/or confirm the final price of any product(s) until order for such product(s) and/or artwork(s) is made by the purchaser(s). Despite our best efforts, a small number of the product(s) shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website. However, we do NOT charge your credit card until after your order is confirmed by us. For payment made by any other mode besides credit card, including but not limited to, online payment gateway such as FPX and/or payment through direct bank transfer, such payment(s) made will be refunded in the event order(s) is not confirmed.
CURRENCY EXCHANGE POLICY
With respect to amounts invoiced in United States Dollar, all such amounts shall be expressed in United States Dollar. With respect to amounts invoiced in a currency other than United States Dollar, all such amounts shall be expressed both in the currency in which the amount was invoiced and in the United States Dollar equivalent. The United States Dollar equivalent shall be calculated using Novartis’ then-current standard exchange rate methodology applied in its external reporting (which is ultimately based on official rates such as Reuters and the European Central Bank) for the conversion of foreign currency sales into United States Dollar (USD).
CHANGES TO CURRENCY EXCHANGE
We reserve the right to change the contents of this currency exchange policy at any time via posting on our website. You are advised to periodically view our website for any updates or the most current version of our currency exchange policy. Your continued usage of our services or continued relationship with us shall be deemed as acceptance of any updates, revisions or amendments made to our currency exchange policy.
The Website and/or Aureo Gallery reserves the right to cancel any order(s) for any artwork(s) and/or product(s) including but not limited to an Original Work of Art or Printed Work placed via the Website if Aureo Gallery determines, in its reasonable discretion, that the product(s) and/or artwork(s) is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed on the Website. If Aureo Gallery cancels an order(s) placed via the Website, the Website and/or Aureo Gallery will send you a confirmation email of such cancellation and you will not be charged for your order.
All cancellations must be approved by the Aureo Gallery.
All prices, commissions, fees and other amounts referred to in these Terms and Conditions, including any prices, commissions and fees set forth on the Website, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”).
You understand and agree that Aureo Gallery uses commercially reasonable efforts to display the colours of Original Works of Art accurately via the Website. Due to the fact that individual computer monitors may display colours differently, Aureo Gallery is not responsible for the colour accuracy of any Original Works of Art, Digital Works, Printed Works and/or any other product(s) displayed on the Website, and disclaims all liability in this regard.
ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our site or in the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any related website, should be taken to indicate that all information in the Website or on any related website has been modified or updated.
- In addition to other prohibitions as set forth in the Terms of Service and/or any part of the Terms and Conditions, you are prohibited from using the Website or its content for any unlawful purpose or to perform or participate in any unlawful acts;
- As a condition to visit our Website, you are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy whereby you would agree to the followings: –
- You agree not to reproduce, duplicate, copy, sell and/or offer to sell, trade, resell, distribute or exploit, any portion(s) of the Website for any purpose.
- You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Website, or collect, or attempt to collect, personal information about users or third parties without their consent.
- You agree not to intentionally interfere with or damage, impair or disable the operation of the Website or any user’s enjoyment of it, by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses not specifically mentioned herein.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Aureo Gallery be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Aureo Gallery has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms and Conditions, Aureo Gallery is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Website Content, Aureo Gallery’s liability shall in no event exceed the greater of (amount proposed).
You agree to indemnify and hold Aureo Gallery, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Aureo Gallery by any third party due to or arising out of or in connection with your use of the Website.
PROPRIETARY RIGHTS NOTICE
Any products made, sold or used by us and/or presented on the Website shall carry intellectual property rights notices relating to the existence and ownership of the Copyright, Trade Mark and any other relevant intellectual property rights in the forms specified under Malaysian laws. Any sale of a Customized Art Work and/or any other relevant artwork products shall include the copyright, trademark and other proprietary rights notices as are contained on Website of such Customized Art Work (including the documentation) or as may be specified from time to time by us.
ART HANDLING (PACKAGING, INSTALLATION, FRAMING)
The Borrower shall pay us an art handling flat fee of (insert amount) .- per discrete Work as listed in the Consignment of Artwork and as aggregated in Art Handling Invoice (which includes costs of the installation, framing & other additional cost requested), in advance of shipment of the relevant artwork(s) to the designated and/or respective venue. This fee shall not apply to time-based falling under the applicable terms of Aureo Gallery and/or the Website.
VIOLATION OF TERMS AND CONDITIONS
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Aureo Gallery’s rights or property, or the rights or property of visitors to or users of the Website, including Aureo Gallery’s customers. Aureo Gallery reserves the right at all times to disclose any information that Aureo Gallery deems necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when the Aureo Gallery determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve any transmittal or communication by you with the Aureo Gallery through the Website or any products(s) and/or service(s) offered on or through the Website, and may also disclose such data if required to do so by law or Aureo Gallery determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Aureo Gallery, its employees, users of or visitors to the Website, and the public.
You agree that the Aureo Gallery may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Aureo Gallery, for which monetary damages would be inadequate, and you consent to Aureo Gallery obtaining any injunctive or equitable relief that Aureo Gallery deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Aureo Gallery may have at law or in equity.
You agree that Aureo Gallery may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
In the event Aureo Gallery takes any legal action against you as a result of your violation of these Terms and Conditions, Aureo Gallery will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to Aureo Gallery. You agree that Aureo Gallery will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms and Conditions. In any event, Aureo Gallery will not be liable for any disclosure of the Data and/or losses, damages and expenses incurred by you arising out of or incidental to any investigation launched by the regulatory body, law enforcement agency and/or government authority.
GOVERNING LAW; DISPUTE RESOLUTION
VOID WHERE PROHIBITED
Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside Malaysia. We, Aureo Gallery, reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside Malaysia, you do so on your own initiative and you are solely responsible for the compliance with applicable local laws.
You may not use or export or re-export any of the Website Content or any copy or adaptation of such Website Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation Malaysian Intellectual Property Law, Export laws and Regulations, and any other relevant and applicable laws.
If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and Aureo Gallery with regards to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and the Aureo Gallery with respect to such use are hereby superseded and cancelled. Aureo Gallery’s failure to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by Aureo Gallery of any provision or any right it has to enforce these Terms and Conditions, nor shall any course of conduct between Aureo Gallery and you or any other party be deemed to modify any provision of these Terms and Conditions. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.
AUREO GALLERY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE WEBSITE AND/OR AUREO GALLERY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE WEBSITE AND/OR AUREO GALLERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND/OR AUREO GALLERY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY THE WEBSITE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AUREO GALLERY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Aureo Gallery reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.