Terms of Service

Terms of Service


These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Cashierbook Sdn. Bhd. (Company Registration Number (1296682-H) on the Cashierbook Sites (“cashierbook and artinbook”). If you are agree to the Terms as an individual, the term “you” and “your” refers to you individually but if you are below the age of 18 or age of majority or below the age eligible to legally contract in your country, then the use of the Services must be by a guardian acting for you and agreeing to be legally bound to these Terms. If you are agreeing to the Terms as a representative of a business entity or undertaking, then you represent that you have the authority to legally bind that business entity or undertaking and the term “you” and “your” refers to that business entity or undertaking. The terms “we”, “our” and “us” refers to Cashierbook Sdn. Bhd. a company legally incorporated under the laws of Malaysia.

1. General


These Terms applies to all users of the Services, including without limitation users who are artists, collectors, buyers, sellers, art houses, art galleries or other contributors of content, information and other materials who are registered with us and have opened an account with us and the term "member" is used to refer to each of them.

These Terms not only govern the use of any Service but also transactions undertaken using any Services and transactions between you and any member.

If you do not agree with these Terms, do not click “Sign up’ nor open an account nor register with us nor use the Services. By using and/or continuing to use the Services in any manner, including but not limited to visiting or browsing the Services, you agree and acknowledge to comply with and be bound by these Terms and the additional terms and conditions and guidelines, codes of conduct, directives and policies referenced herein and/or available by hyperlink or accessible on Terms of Service.

We reserve the right to change or modify these Terms at any time and you will be deemed to have agreed to the amended Terms by your continued use of the Services. We reserve the right to make changes to any of the Services or functionality or feature of any Service at any time. If you do not agree to changes to the Terms or Services, you must deactivate and close your account and cease use of our Services by email to support@cashierbook.com. The Terms as at the date you have deactivated or closed your account will be the Terms that govern your use of the Services and transactions conducted by you up to that date.

2. Eligibility to use the Services


You need to sign up for the Service. You will have to create a personalised account which includes a unique username, password and encrypted private key (“Cashierbook Key”) provided by us. You will be entitled to open only a single account. You may access the Service using the credentials you have provided. You are not permitted to lend or transfer or sell or deal with the account nor are you allowed to use the account to deal for any other person unless you are registered as an Art House or Gallery or such like business with use and your registration as such has been verified by us. You will receive messages in the form of email or message through your account from us.

If you are below 18 years old, you can only register for and use the Service through a guardian. The guardian must monitor and be fully responsible for handling all your account activities on your behalf. The guardian agrees that:

  • the account solely belongs to you, and the guardian will act on our behalf for all transactions (buy and sell) and all activities using the Services.
     
  • the guardian will also take full responsibility for all your transactions and activities that; and
     
  • he/she will fully return the rights and control of the username, password, account and Cashierbook Key to you once you reach the age of 18 years old.
     

    3. Registration for Account


    You will provide the following details and documents when opening an account with us which shall include a bank account:

    Individual

    Full name, address, email, identity card or passport, contact number, and bank account number

    Business Entity of Undertaking

    Company name, company address, company email, company registration certificates (SSM), owner identity card or passport photo, contact number, and company bank account number

    The details and documents you provide us must be complete, accurate and true. You will update the information you have provided us on your account page promptly. You will update changes to your bank account details promptly. Failure to do so will result in you not receiving payment or payment being made to the account holder of the account number that you have provided us. We will not be liable for any loss, cost and expense for your failure to update our account and bank account details.

    4. Accounts, Password and Tokens


    You shall keep your account details, username, password and Cashierbook Key in secret and in a secure environment. You agree to notify us immediately of any unauthorized use of your username, password, account and/or Cashierbook Key. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account.

    If you are registered and authorised by us to conduct transactions using our Services, we will provide you with the Cashierbook Key. The Cashierbook Key is unique to you and it is the encrypted private key which is in your own possession. While we generate the Cashierbook Key, we do not keep a copy or record of the Cashierbook Key and the Cashierbook Key is not accessible by us or any third party. This key must not be shared with any person or entity and must be kept in a secure location. If this key is lost or the device on which it is stored is lost or damaged, then you will need to request for a new Cashierbook Key from us. We will not be able to restore the Cashierbook Key previously issued to you.

    5. License and Access


    We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable and non-assignable license to access and use the Services and the Cashierbook Key. The account you opened on the Site and the Cashierbook Key may only be used by you for access to the Site, use of the Services and conduct of transactions for your benefit unless you are registered as an art house or art gallery or such, in which case you can conduct transactions for artist and collectors who have confirmed that they are registered with you and have authorised you to conduct transactions on their behalf. Once an account is opened by us for you, you will be provided a webpage on the Site on which you will be permitted to list artwork and new media art for display, promotion or sale to the public. Whether or not you choose to offer the artwork or new media art on your webpage on the Site is solely a decision for you. The webpage assigned to you is a revocable, non-exclusive, non-transferable and non-assignable license permitting you the right to use a data capacity for display of artwork and new media art based on your membership.

    6. Intellectual Property


    You agree and acknowledge that the Services and all copyright, patents, utility patents, personality rights, trademarks, trade secrets, moral rights and other intellectual property rights associated therewith are, and shall remain, our property. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are our intellectual property, proprietary right and confidential information. You are not granted nor shall you be entitle to claim any intellectual property rights in and to the Services.

    The Services may utilise or include third party software that is subject to open source and/or third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

    You are not authorised to use our trademarks in any advertising, publicity or in any other commercial manner without our prior written consent which may be granted or withheld at our absolute discretion without us having to assign any reasons.

    7. Rules of Conduct


    You shall not:

  • Post, list or upload any content that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property rights;
     
  • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services and Site;
     
  • Make any modification, adaptation, improvement, enhancement, translation or derivative work of the Services;
     
  • Violate any applicable laws, rules or regulations;
     
  • Use the Services in violation of or to circumvent any sanctions or embargo imposed by Malaysia, USA, UK, European Union or any International Organisation or body;
     
  • Remove, vary, amend, alter or obscure any proprietary notice (including any notice of copyright and trademark) posted by us or our affiliates, partners, suppliers or licensors;
     
  • Use the Services for any purpose for which it is not designed or intended;
     
  • Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, products or software offered by us;
     
  • Use any of our proprietary information or interfaces or any other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services;
     
  • Use the Services to send, post, or otherwise communicate any content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise socially or culturally objectionable or disregards the religious sensitivity of other members;
     
  • Use the Services to send automated, unsolicited or unauthorised messages, advertising, promotional material, bulk electronic communications, spam or chain letters or promotion of pyramid schemes;
     
  • Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, trojan horse, worm or any other technologies that may harm the access to or the functionalities or features of the Services or the Site;
     
  • Use any robot, bot, spider, crawler or other automated device or means to access, acquire, copy or monitor the Services, any data or content on the Site;
     
  • Harvest or otherwise collect information of other members;
     
  • Commit any act to avoid paying any fees and/or charges or undertake or engage in any deceptive or fraudulent practises;
     
  • Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory; or
     
  • Authorise or encourage anyone to do any of the foregoing.

    Engagement or indulging in any conduct in breach of these rules of conduct is ground for us to suspend your account and Cashierbook Key. If we receive a complaint, we may, conduct an investigation and may in that process make enquiries of you. You must respond to our queries in a frank manner and with full disclosure. If we suspect that you have breached the rules of conduct or any other term and condition of these Terms, we may terminate your access and use of the Services and Site with or without notice.

    8. Content


    Members are allowed to create listings and share content, such as photos, videos, comments, data, text, links and other information of artwork (collectively, “Content”) in the public areas of the Site.

    You retain ownership or licensable rights in the Content which you upload or share on the Services and you represent and warrant that you are able to and agree to grant us a worldwide, fully-paid, royalty-free, sub-licensable right, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to our Privacy Policy which is at Privacy Policy for the purpose of operating, promoting, marketing and providing the Services.

    You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and Site and any loss or damage which you sustain as a result of such Content is solely your responsibility. You represent and warrant to us that you own or have a license to upload, store, use, display, reproduce, publish and distribute the Content originating from you and that if you do not have any intellectual property rights in or to the Content you have the rights to grant us the license above.

    We do not vet or undertake any pre-screening of Content uploaded by members. We reserve the right (but not the obligation) in our sole discretion to refuse, delete or remove any Content without liability or the obligation to offer a refund, in any of the following events:

  • if the Content is in breach of these Terms;
     
  • if we receive a complaint or notice of infringement in respect of the Content or court or administrative order; or
     
  • if the Content is otherwise objectionable.
     

    We may in our discretion block any Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services and members or to otherwise enforce these Terms. All artwork and new media art displayed on the Site must comply with the display guidelines on New Art Guidelines​.

    9. Site as a Platform


    The Site is designed by us to provide a venue for members to buy and sell artwork. We do not pre-screen members in any aspect and any verification by us of information or documents provided by any person who opens an account with us is solely for our own administrative purposes and is not to be considered or deemed a representation or warranty that we have pre-screened or verified the financial or other status of any member or user of the Services or Site. We do not have any control over, and you agree that we are not responsible or liable for any of the following:

  • the quality, safety, morality or legality of any aspect of the artwork listed;
     
  • the truth or accuracy of the listings, the ability of any seller or member to sell artwork or the ability of any buyer or member to pay for artwork;
     
  • the true identity, age, nationality, or sense of humour of a user; and
     
  • any artwork or other Content posted by users.
     

    All access and use of the Services and Site and the conduct of any transaction is entirely at your own risk. All Content that is artwork for sale must be verified by the artist that created the Content before the Content is listed or uploaded on the Site and accessible using the Services. Approval and verification of the artwork by an artist must follow the process set out in ​New Art Guidelines and the artist must be registered on the Site as at least a Basic Member. The verification by the artist is done on a one-time basis and a unique reference number is created and assigned to the artwork. This unique reference number is randomly and automatically generated by our system and is not accessible to the public nor by the artist or any other member.

    10. Members


    There are 3 types of membership for access and use of the Services, which are as follows:

    A. Basic Member

    A basic member may:

  • View Price
     
  • Search Catalogue for Artwork
     
  • View Artwork Details
     
  • Signup for Newsletter
     

    B. Collector Member

    A collector member may:

  • View Price
     
  • Search Catalogue for Artwork
     
  • View Artwork Details
     
  • Access to Statistics and Market Trend
     
  • Signup for Newsletter
     
  • Buy artwork for himself/herself/itself
     
  • Sell artwork for himself/herself/itself
     
  • View Market Analytics
     
  • Create tender for private offer

    C. Artist

    An artist member may:

  • Upload artwork and new media art owned
     
  • View Price
     
  • Search Catalogue for Artwork
     
  • View Artwork Details
     
  • Access to Statistics and Market Trend
     
  • Signup for Newsletter
     
  • Buy artwork for himself/herself/itself
     
  • Sell artwork for himself/herself/itself
     
  • View Market Analytics
     
  • Submit New Artwork for Listing
     
  • Create tender for private offer

    D. Artspace and Gallery

    An artspace or gallery member:

  • View Price
     
  • Search Catalogue for Artwork
     
  • View Artwork Details
     
  • Access to Statistics and Market Trend
     
  • Signup for Newsletter
     
  • Buy Artwork
     
  • Sell Artwork
     
  • Create tender for private offer
     
  • Set-up an event for sale of Artwork whether on the Site or physical exhibition connected to the Site
     
  • View Market Analytics
     
  • Submit Artwork for Listing on behalf of an Artist
     

    11. Submit Artwork for Approval and Verification by Artist


    The uploading of any image or digital reproduction or photograph of an artwork or new media art must be of an artist who has at least registered on the Site and opened an account as a basic member. The artist must agree or authorise the uploading of an image or digital reproduction or photograph of an artwork or new media by following the approval and verification process on New Artwork Guidelines. Members who are collectors, artspace and galleries must procure such approval and verification by the artist before listing any artwork or new media art as part of their listing on the Site. The artist must confirm that all publicity, privacy, patent, copyright, trademark, trade secret, moral right, personality right or any other intellectual property rights are vested only in the Artist throughout the world and is not the subject of any right or interest created in favour of any other person or any encumbrance or security interest

    The artist agrees to provide accurate details of the artist’s work/creation.

    As owner and administrator of the Site and provider of the Services, we reserve the right to accept or reject any artwork or new media art submission without any reason or for any inaccurate or incomplete information or any suspicion of fraud or deception.

    12. Listing


    All artwork and new media art listing submitted by you will appear on your listing page on the Site. You may be charged a listing fee by us.

    You acknowledge and agree that:

  • we do not represent nor warrant that any listing by you of artwork or new media art will lead to any interest or offer or sale; and
     
  • there will be no refund of any listing fee paid by you in the event that: (a) your account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.

    You agree to comply with the following:

  • you will provide a fair, accurate and complete description of each artwork and new media art, including the sale price, name of artist, date of creation and date of verification and approval by the artist;
     
  • each artwork and new media art must have its own listing;
     
  • any listing of any artwork or new media art must include text, descriptions, graphics, images and other relevant content which must be true, complete, accurate and not misleading; and
     
  • there must not be any links included in your listing that leads to a site outside of the Site.

    Without prejudice to the rest of the Terms, you warrant, in respect of each artwork and new media art which you offer for sale on the Services (as the case may be), that:

  • you are the owner of the artwork and new media art listed on the Site, and the artwork and new media art is not stolen;
     
  • the artwork and new media art listed on the Site is not counterfeit and does not infringe upon any third party's publicity, privacy, patent, copyright, trademark, trade secret, moral right, personality right or any other intellectual property rights;
     
  • the sale of the artwork and new media art complies with all laws and regulations; or

    All offers made and accepted through the Services will be legally binding.

    13. Sale of Artwork and New Media Art


    All artwork and new media art may be offered for purchase through display by a collector member on its webpage on the Site or Artspace or Gallery on its webpage or pursuant to a virtual exhibition on the Site or physical exhibition notified on its webpage on the Site or by receiving an unsolicited offer via a chat or message or email received on its webpage on the Site.

    Once an artist had agreed to sell and the buyer had paid for the artwork or new media art. The sold artwork or new media art will be tagged by the artist with a unique electronic identifier (“Cashierbook Sticker”) that will be attached to the artwork and new media art from the moment the artwork and new media art was sold. This Artwork Identifier will also be encoded into the Delivery Token.

    A. Buyer Terms

    As a buyer, you must be registered as a collector member to be able to purchase artwork or new media art displayed on the Site. If you place an order on the Site, then you are obligated to complete the purchase, subject to any rights you may have to cancel an order under applicable law or under these Terms.

    Sellers may cancel orders at any time, but before receiving payment but may cancel an order after receiving payment if the seller does not have the artwork or new media art that you ordered in stock. If an order is cancelled after payment, you will be entitled to a refund from the seller.

    All payments for purchases must be made to our account as designated in Section 14. Once payment is received you may cancel the order in limited circumstances as set out in these Terms. Each purchase by a buyer must be accompanied with use of the Cashierbook Key assigned to the buyer at the time the order is placed and at the point where payment is made.

    B. Seller Terms

    As a seller, you must be registered as a collector or artist member to be able to display and sell artwork or new media work. You may only sell artwork and new media art that is verified and approved by the artist, is an original work and is free from any interest or right of any other person or encumbrance or security interest. You are obligated to accept an order placed by a buyer for the purchase of an artwork or new media art you have displayed on the Site and promptly confirm the order. All payments for purchases will be made by the buyer to our account as designated in Section 14. Once payment is received you may only cancel the order in limited circumstances as set out in these Terms. Payment by the buyer will be released to you in accordance with Section 14. Upon receipt of an order and confirmation of the order by the seller, seller will deliver to the buyer through use of the Services a condition report of the artwork or new media art purchased by the buyer. The condition report must be in the format as set out on the Condition Report Sample

    C. Cancellation of Purchase/Sale

    As a buyer, you can request an order be cancelled for the following reasons:

  • Mutual agreement to cancel between buyer and seller
     
  • Seller did not respond to emails
     
  • Seller did not have the artwork or new media art after order was submitted
     
  • Seller listed artwork or new media art with error
     
  • Seller did not ship order after payment was made
     
  • Seller is underage (under the age of majority)
     
  • Seller is no longer a member on the Site
     
  • System problem during order submission (excluding not receiving order notification email)
     
  • Applicable law gives you the right to cancel the order.
     
  • Seller fails to provide a condition report promptly after order for purchase was placed.

    As a seller, you can request an order be cancelled for the following reasons:

  • Mutual agreement to cancel between buyer and seller
     
  • Buyer’s email address bounced
     
  • Buyer did not pay for order
     
  • Buyer did not respond to emails
     
  • Buyer no longer wants to purchase artwork or new media art
     
  • Package cannot be delivered to buyer’s address
     
  • Package returned with incorrect address
     
  • Buyer is underage (under the age of majority)
     
  • Buyer is no longer a member of the Site
     
  • System problem during order submission (excluding not receiving order notification email)
     
  • Buyer requested falsifying customs declarations or requested the order be marked as “gift” in order to avoid customs fees.

    Seller who repeatedly cancels order due to lack of stock or inventory of artwork or new media art may have their selling privileges revoked or suspended.

    D. Attribution of Artist

    Seller must attribute the artwork or new media art sold to the artist verifying and approving the artwork and new media art. Where the member is an artist, the artist agrees that the sale of the new media art transfers all intellectual property right in the new media art to the buyer and the artist will not challenge the title of the buyer and any subsequent buyer. Artist will on the approval and verification process sign the declaration agreeing to such transfer of title and ownership of all intellectual property rights in and to the new media art.

    E. Buying and Selling Do's and Don'ts

    You agree that you will not:

  • As a buyer, fail to pay the seller for artwork and new media art after you have submitted an order, unless you are legally entitled to withhold payment.
     
  • As a seller, fail to respond to the buyer before payment from the buyer has been submitted.
     
  • As a seller, fail to ship items to the buyer after payment from the buyer.
     
  • Using user contact information obtained from the Site or using any feature of the Site to offer to sell items outside of the Site.
     
  • Using our messaging systems to conduct business either offering artwork or new media art for sale or requesting artwork or new media art to be sold that would circumvent buyers from buying any of them via submitting an order on the Site.
     
  • Use our discussion forum to conduct business by offering artwork or new media art for sale not listed on the Site or to inquire about artwork or new media art for sale and offering contact information.
     
  • After an order is submitted, offer to sell to the buyer any artwork or new media art which are identical to the artwork or new media art listed in the Site or adding to an existing order placed with the seller.
     
  • Seller cancelling a successful order with the intent of receiving a fee refund from us for that order.

    F. Events and Private Sales

    Seller must register an event or exhibition on the Site. All event(s) and exhibitions must have a time period and event/exhibition items will be hidden from the Site and viewed and purchased only through a special link set up by us. Event/Exhibition item(s) is viewable in the gallery section of the Site after the event or exhibition. The buyer needs to use the link given by us to purchase their interested artwork or new media art. All other purchase and sale terms stated above apply. Only artwork or new media art of an artist who is a member can be exhibited or sold through the event or exhibition. The artist shall inform the seller or us at least thirty (30) days prior to the day of the event/exhibition if they cannot take part in the event/exhibition.

    Sellers may sell artwork or new media art which is not displayed for sale to a buyer who sends in an unsolicited offer. The sale price can be a negotiated price. If the seller accepts the offer the buyer must pay the full agreed amount to our account and notify us of the sale price agreed with the seller. Seller must confirm the sale and the sale price. Each of the buyer and seller must transmit to us the confirmation messages confirming the sale price.

    G. Condition Report

    The seller must ensure that the current conditions (minor scratch/damage/defect/major damage/missing parts) of the artwork or new media art (images or descriptions) sold must be uploaded to the artwork or new media art’s condition report page for both buyer and us to view the current condition of the artwork or new media art. If the seller did not provide an accurate and current condition of the artwork or new media art which results in the buyer rejecting the artwork or new media art upon receiving the artwork or new media art, the seller shall bear the rejection fee cost which consist of: (a) two-way delivery fee; and (b) service charge of 6% of the sale price; and (c) twice the 1% logistic insurance fee for the return of the artwork or new media art to the seller. The seller agrees to let us hold the rejected item on lien as security until the seller had fully settled the rejection fee cost. The buyer will be notified of the artwork or new media art’s current condition at the artwork or new media art page and the buyer will be notified again with pictures and descriptions of the artwork or new media art’s condition when making payment and the buyer must accept the item’s current condition checkbox before he/she may proceed with making payment.

    The seller will receive the sale payment minus the commission percentage upon successful completion of sale with the buyer

    Cashierbook will collect the payment from the buyer on behalf of the seller and then release the fund to the seller after the transaction is completed. ​Cashierbook cannot ensure that a user (whether as a buyer or seller) would complete a Transaction.

    14. Fees and Payment


    Buyer may pay the sale price for the artwork or new media art using a credit card, debit card, by way of telegraphic or other electronic means of transfer. You may also pay the sale price through any of the methods as may be made available on the Site (as defined below) or as may be notified to you from time to time.

    Where you are a buyer, you agree that:

  • Buyer will make prompt payment of the sale price in full, before the due date stipulated by us for such payment and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due we may terminate and/or suspend your account and/or your access to the Services. You shall pay such fees together with the overdue fees payable to us and any legal fees and collection costs incurred by us in collecting any past due amounts. This fee will be applied on the day after the payment due date.
     
  • in the event your account is suspended or terminated for any reason, any amounts due on your account will immediately become due and payable. We reserve the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your account, without prejudice to any other rights or remedies available to us.
     
  • you are responsible for paying any taxes associated with using and making purchases artwork or new media art. Goods and services tax or similar consumption tax might apply in addition to the sale price.

    Where you are the seller:

  • We will disburse the sale price to you less our commission, within thirty (30) days upon the buyer receiving the artwork or new media art. However, we reserve the right to further delay the payment disbursement if a payment disbursement delay event is caused by any third party entities or any unforeseen circumstances.
     
  • You agree that all sales of the artwork or new media art will be in Malaysian Ringgit (MYR) and that you will bear all taxes payable for the sale of the artwork or new media art. We may but not be obliged to deduct the tax payable and remit the amount to the tax authority. In the event the amount deducted by us is insufficient you agree to pay the amount due within the period it is payable and bear all penalties, fines, imposts, late payment charges and surcharges. Commission payable to us is based on the rates, stipulated on Commission Percentages, which may be revised from time to time. If the seller disagrees with changes to commission rates, the seller may close their account. Upon closing the account the Artwork Identifier, artwork or new media art for sale and webpage of the seller will be deleted.

    15. Delivery and Collection of Artwork and New Media Art


    Seller will comply with the packaging and delivery process set out on Shipping Information. Buyer will comply with the collection process set out on Shipping Information.

    16. Physical Tokens


    All artwork and new media items bought and sold on the Site will be packaged and prepared for delivery by the seller in accordance with the guidelines on packaging and delivery found on ​Shipping Information. If you are the seller, a physical token programmed with a unique reference identifier(circuit chip) is to be attached to the artwork or new media item prior to delivery (“Physical Token”). We will deliver the physical token(s) to you within 30 days from the date of confirmation of sale. Once attached to the artwork, the Physical Token must not be removed by the seller nor the buyer at any time thereafter for so long as the artwork or new media may be sold on the Site. If the Physical Token is removed or damaged by the buyer or whomsoever is the present owner of the artwork or new media item, the artwork or new media item associated with the Physical Token will no longer be accepted by us for display on the Site.

    17. Site Availability


    We reserve the right to interrupt access to the Site from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that we will not be liable for any interruption of the Site, delay or failure to perform resulting from any causes whatsoever. You acknowledge that access to the Site may be interrupted for reasons beyond our control and that we cannot guarantee that you will be able to access the Site or your account or the Services whenever you may wish to do so, We will not be liable for any interruption of the Site, delay or failure to perform resulting from any causes whatsoever.

    18. Disputes with Users


    If there is a dispute between you and another member, you are encouraged to contact us so that dispute may be resolved amicably. However, we are under no obligation to resolve the dispute. You agree to release us from any claims, demands and damages arising out of your disputes with other users of our Services.

    19. Reporting Unauthorised Content


    We respect the intellectual property rights of others and we expect the same of all members. If you believe that there has been unauthorised use of your intellectual property rights by another member, you are required to immediately report to such unauthorised use.

    We reserves the right to suspend or terminate your account and/or your access to the Services if there are repeated complaints against you of intellectual property infringement.

    20. Suspension and Termination


    We reserve the right and without liability to:

  • suspend or terminate your account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and/or policies;
     
  • suspend or terminate your account and/or your access to the Services at any time, for any reason, and without advance notice to you; or
     
  • change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice to you.

    You acknowledge and agree that if we suspend or terminate your account, you will lose any information associated with your Account, including the Content uploaded by you. It is your responsibility to back-up the Content which you have uploaded to the Services.

    Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

    21. No Warranty


    You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

    We do not represent nor warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or will operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services are free of viruses or other harmful components.

    All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

    The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications (including problems inherent to the computer or electronic device you use). We do not accept any responsibility for any delays, delivery failures, damages, or losses resulting from such problems.

    No advice or information, whether oral or written, obtained by you from us or from the Services shall create any representation, warranty or guarantee from us. Furthermore, you acknowledge that we have no obligation to support or maintain the Services.

    We disclaim any and all liability or responsibility in relation to the Content made available.

    22. Limitation of Liability


    YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR THE TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

    IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER MEMBERS IN CONNECTION WITH THE USE OF THE SERVICES WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, EQUITY, STATUTE OR ANY THEORY OF LAW) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY US IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    23. Indemnity


    You will indemnify and hold harmless us and our affiliates, from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

    24. Compatibility


    We do not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that we shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

    25. Sub-contracting by Cashierbook


    We reserve the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services.

    26. Miscellaneous


    You and Cashierbook are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended to create or shall be created by these Terms.

    If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

    Except as provided herein, any failure by us to exercise a right or require performance of an obligation in these Terms shall not affect our ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

    You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

    These Terms constitute the entire agreement between you and us and supersedes all prior or contemporaneous understandings and/or agreements between​ ​you and us.

    27. Governing Law and Jurisdiction


    You hereby agree that the laws of Malaysia shall govern this Terms and that the courts of Malaysia shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms including your dispute with any other member including any dispute in connection with any transaction.

    Last Updated on [22 July 2020]