Terms & Condition

QING Gallery, a wholly-owned subsidiary of K BIZ VENTURE SDN BHD (“QING Gallery,” “we” or “our”) provides a service for viewing and purchasing original works of art and commercially exploiting digital images of works of art through our website, accessible at www.galleryqing.com (the “Site”) with any services, software, tools, features or functionality made available by QING Gallery (each, a “Service” and collectively, the “Services”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at www.galleryqing.com/privacy (the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and QING Gallery.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modifications to these Terms

QING Gallery reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

Modifications to the Services

We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any Original Works of Art (as defined below) or QING Gallery Content (as defined below) from the at any time without notice to you, including the removal of any works of art or content.

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

Account Registration

In order to make a purchase through the Services, you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. QING Gallery reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify QING Gallery of any unauthorized use of your Account.

Privacy

See QING Gallery’s Privacy Policy at www.galleryqing.com/privacy for information and notices concerning QING Gallery’s collection and use of your personal information.

Purchases of Original Works of Art

As a Member, you may purchase Original Works of Art that are listed. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. QING Gallery and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The terms and conditions of QING Gallery’s then-current Return Policy apply to any Original Works of Art that you purchase through the Services.

You will honour your payment obligations and you grant express consent to us storing your payment information. You understand that there may be fees and taxes that are added to our prices. Refunds are subject to our policy, which may be found at www.galleryqing.com/return policy 

Your purchase may be subject to foreign exchange fees or differences in prices based on each Artist and location (e.g. exchange rates). The payment gateways collect data that may include your contact details, your card details and the transaction details which facilitates your online payment. We do not collect or store any of these personal details and we do not have any control over them. This data is completely managed by the Payment Gateway tools according to their own privacy policies. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You can get a copy of your invoice through your account settings.

Order Cancellations

QING Gallery reserves the right to cancel any order for an Original Work of Art placed via the Services if QING Gallery determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If QING Gallery cancels an order placed via the Services, QING Gallery will send you an email confirmation of such cancellation and you will not be charged for your order.

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, might be stated in different currencies depending on Artist 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”). t be filled out for Original Works of Art and Printed Works.

Color

You understand and agree that QING Gallery uses commercially reasonable efforts to display the colors of Original Works of Art. However, because individual computer monitors may display colors differently, QING Gallery is not responsible for the color accuracy of any Original Works of Art displayed on the Services, and disclaims all liability in this regard.

QING Gallery Content

QING Gallery may also make available through the Services text, graphics, audio, video and images of works of art (collectively, “QING Gallery Content”), some of which is owned by QING Gallery. QING Gallery authorizes you to download, view and print QING Gallery Content solely for your personal use on the site. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by QING Gallery or its licensors, except for the licenses and rights expressly granted in these Terms.

General Prohibitions

You agree not to do any of the following:

• Attempt to probe, scan or test the vulnerability of any QING Gallery system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by QING Gallery or any of QING Gallery’s providers or any other third party to protect Services, or QING Gallery Content;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or QING Gallery Content;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

QING Gallery will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. QING Gallery may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that QING Gallery has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

QING Gallery’s Intellectual Property

The Services and QING Gallery Content are protected by copyright, trademark and other laws. Except as expressly provided in these Terms, QING Gallery and its Artists exclusively own all right, title and interest in and to the Services and QING Gallery Content, including all associated intellectual property rights.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that QING Gallery is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by QING Gallery of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, QING Gallery will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. QING Gallery reserves the right to revoke your access to and use of the Services, QING Gallery Content at any time, with or without cause. In the event QING Gallery terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to info@galleryqing.com

Payments

If you wish to purchase an Original Work of Art via the Services, you may be asked by us or our team to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

Changes

We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

Disclaimers

THE SERVICES AND QING GALLERY CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. QING GALLERY MAKES NO WARRANTY THAT THE SITE, SERVICES, QING GALLERY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. QING GALLERY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QING GALLERY OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.

Indemnity

You agree to defend, indemnify, and hold QING Gallery, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or QING Gallery Content or your violation of these Terms.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of QING Gallery used herein are trademarks or registered trademarks of QING Gallery or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.