General Terms of Use

  1. ACCEPTANCE OF TERMS OF USE. This is the general terms of use of http://www.peekarts.com or any subsequent URL which may replace it (“Website”) and your continued usage of the Website shall be deemed as acceptance of the terms of use and personal data protection notice of the Website. If for any reason you do not agree with or cannot abide by these terms of use and personal data protection notice, please exit this website immediately and delete all accounts that you have registered with the Website.

  2. USAGE OF WEBSITE. We maintain this Website for your personal purchases and information and you should feel free to browse the Website. However, please adhere strictly to the following prohibition:-

    1. any copying in whatsoever format (electronic or otherwise);

    2. any commercial use of any part of this Website unless express written consent is obtained from us;

    3. usage of any computer program tools or device program algorithm methodology or any similar equivalent processes to access, acquire, copy or monitor any part of the Website or content;

    4. reproducing or circumventing any navigational structure or presentation of the Website or any content;

    5. obtaining or attempt in obtaining any materials, documents, information by any means whatsoever not purposely made available through the Website;

    6. copy, reproduction, republishing, uploading, encoding, modifying, translating, displaying, exploiting commercially, distribution, transmitting of any portion of this Website or make any derivative works from this Website to another website without express written consent from us;

    7. posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise breach any law;

    We reserve all rights unless expressly stated otherwise and we shall not be responsible if you breach any intellectual property laws or any other laws due to your failure to comply with any of the prohibition above.

    Any upload of any materials by you to the Website or to us whether or not by email or otherwise, including but not limited pictures, photographs and/or artworks will be treated as non-confidential. Your upload of any materials may be edited by us or on our behalf and may or may not be posted on the Website at our sole and absolute discretion. By uploading of any materials to the Website, you hereby consent to us and/or our affiliates and/or subsidiaries for any purpose whatsoever, including but not limited to reproduction, publication, broadcasting and marketing.

    Any communication, questions, comments and/or suggestions by you to the Website or to us whether or not by email or otherwise, will be treated as non-confidential and we cannot prevent the harvesting of information from the Website. By your communication, questions, comments and/or suggestions to us, you hereby consent to us and/or our affiliates and/or subsidiaries to use any ideas, concepts, know-how or techniques contained in your communication, questions, comments and/or suggestions that you send to us for any purpose whatsoever, including but not limited to development and marketing. You hereby accept that our use of your communication, questions, comments and/or suggestions for our purpose will be without any compensation whatsoever unless expressly stated by us.

    Notwithstanding that the Website may be viewed online internationally, the Website and your usage of the Website and the services thereof shall be governed by the exclusive jurisdiction of Malaysia and your usage of the Website and the services thereof shall be deemed to be acceptance and consent to the laws of Malaysia.

  3. INTELLECTUAL PROPERTY RIGHTS. Copyrights to all original materials, content and arrangement of the Website (including but not limited to layout, visual interfaces, images, look and feel, design, sound etc, and any underlying software and computer codes but does not include pictures, photographs and/or artworks uploaded by users of the Website) belongs to and are proprietary to us and/or our affiliates and subsidiaries. Any name, logo, trade mark, service mark, design, copyright, domain name or other intellectual properties appearing on this Website is owned by us and may not be used by you without our prior written consent.

    In the event that you are of the view that your work has been plagiarised and/or copied without your permission onto the Website which amounts to copyright infringement, kindly provide us with the following:

    1. a statutory declaration consisting:

      1. the name of the owner of the copyright (and letter of authorisation from the owner of the copyright if the statutory declaration is not affirmed by the owner of the copyright);

      2. at the time specified in the statutory declaration that copyright subsisted in such work; and

      3. a copy of the work annexed to the statutory declaration;

    2. detailed description of the copyright work that you claim have been infringed and uploaded to the Website;

    3. your written consent for Malaysian Courts to have the exclusive jurisdiction; and

    4. your name, address of service, telephone number and email address.

    (“Copyright Notice”)

    The Copyright Notice can be sent via registered post to:

    Lot 74, Jalan Industri 2/3
    Rawang Intergrated Industrial Park
    48000 Rawang, Selangor
    Malaysia
    Tel: 0360925232
    Fax: 0360925232
    Email: peekartsofficial@gmail.com

    Upon receipt of Copyright Notice, we may notify our users via a general notice on the Website, message sent to inbox of our user, via email and/or postage to our user’s physical address in our records. We may also remove the alleged infringing copyright material from the Website pending our investigation of the same. If you receive a notice from us informing you of the Copyright Notice that we have received, you may provide us a written explanation containing the following:-

    1. a statutory declaration consisting:

      1. the name of the owner of the copyright (and letter of authorisation from the owner of the copyright if the statutory declaration is not affirmed by the owner of the copyright);

      2. at the time specified in the statutory declaration that copyright subsisted in such work; and

      3. a copy of the work annexed to the statutory declaration;

    2. detailed description of the copyright work that may have been removed or to which access has been disabled and the location at which the copyright work appeared before it was removed or access to it was disabled;

    3. detailed description and reason on why we should not remove or disable the access to such copyright work;

    4. your written consent for Malaysian Courts to have the exclusive jurisdiction; and

    5. your name, address of service, telephone number and email address.

    We may at our sole and absolute discretion terminate and/or suspend user accounts that have been subjected to Copyright Notice. If your account is terminated and/or suspended due to Copyright Notice, you shall not be entitled to monies payable as a result of such copyright work.

  4. BUYER’S POLICY. We use third party online payment system and as such we do not collect, record, hold, store, use and/or otherwise process your credit card data. The money that you pay for purchase of products from the Website is collect by us on behalf of our artist who uploaded the images, after deducting our costs and expenses. When you purchase products from the Website, you are allowed to use the product that you have purchased for personal and commercial use, including resale and/or advertising/promotional work but you are strictly prohibited from reproducing the product without permission from us. Other than the Website’s watermark which will be removed from the printed product, the product is purchase on “as is” basis subjected to our disclaimer below.

  5. RETURN POLICY. In the event that products that you purchase from the Website is damaged, you may return the product to us within twenty one (21) days from your date of receipt of the product. We do not bear the cost of transport of the product back to us. Upon receipt of the damaged product from you, we shall refund the cost of purchase of the product but acceptance of returned goods shall be at our sole and absolute discretion.

  6. NO WARRANTIES. We do not represent that the Website or any content or service related to the Website or any links from the Website whether or not to third party websites will be error-free, uninterrupted or that any errors will be corrected or that usage of any service of the Website or links to third party websites will provide any specific result. We shall not be responsible or liable for any damages caused by viruses or other forms of contamination or destructive features that may affect your computer or data from your account as a result of your use of the Website or links to third party websites, including but not limited to downloading of any materials, texts, images or otherwise from the Website or links to third party websites.

  7. If you are purchasing printed pictures, photographs and/or artwork from the Website, we do not represent and/or guarantee that the colour of the actual printed pictures, photographs and/or artwork to have the same hues shades tones tints as shown on the Website as due to palette colours limitation and/or material chosen by you for printing may cause discoloration.

  8. LIABILITY AND INDEMNITY. To the fullest extent permitted by law, we shall not be liable and you shall release, hold harmless and shall indemnify us, our affiliates, subsidiaries, service providers (including but not limited to the printing company), partners, employees, agents and servants in respect of any losses and damages of any kind, including but not limited to any direct, indirect, special, incidental, consequential and exemplary damages arising out of or in connection with the use of the Website and or links to third party websites.

  9. TERMINATION. We shall at our sole and absolute discretion modify or discontinue your account and/or the Website as well as your access to the Website for any reason whatsoever, with or without notice to you without liability to you or any third party.

  10. MODIFICATION. We reserve the rights to modify and/or update the terms of use from time to time by uploading the updated terms of use to the Website and emailing a copy of the same to your last known email address (if you have provided the same to us) and it shall take immediate effect.