Terms & Conditions

OUR SERVICE

Artroom 22 acts as a service provider, through an online art marketplace, for artists looking to sell their artwork, looking to conduct a workshop, looking to hold an art exhibition and individuals interested in purchasing artwork(s) as well as joining any workshop(s). Artroom 22 designs a unique rewarding system called Starlight Points Reward Programme, in which all patrons can contribute to the society. Artroom 22 is owned and operated by Artroom Global.

INTRODUCTION

Before you use the Artroom 22 website (www.artroom22.com) you must read, agree with and accept all of these Terms and Conditions of Use, and Artroom 22’s policies, including its Privacy Policy, Shipping Policy, Refunds and Returns Policy. These policies change from time to time, and they form part of these Terms and Conditions of Use. Separate written agreements will also be entered into between Artroom 22 and individuals, including but not limited to artists, curators, art gallery, art collectors and NGOs. In this case, both of these Terms and Conditions of Use and the Written Agreement between the contracting parties shall have effect at the same time. If any of the terms are contradicting to each other, the latest term shall prevail.

Artroom 22 reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions at any time, effective immediately upon publishing on the website (www.artroom22.com). If at any time these Terms and Conditions are no longer acceptable to you, you should immediately cease use of the Artroom 22 website.

If you do not agree to accept and abide by these Terms and Conditions, you should not access or use the Artroom 22 website.

DEFINITIONS

“Artist” is defined as the person who created the original artwork, has the right to sell the Artwork, and is selling the Artwork via the Artroom 22 website.

“Artwork” is defined as any piece of original work that is displayed and offered for sale on the Artroom 22 website.

“Content” is defined as data, text, images, usernames, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by Artroom 22 or a member of the website.

“Copyright” means that the work must have originated from the author and some effort must have gone into the creation of the work. An artwork requires originality and reduction of the work into material form for it to be eligible for copyright.

“Member” is defined as any person who has created an account on the Artroom 22’s website, whether they are an Artist or a Purchaser.

“Original” is defined as primary and original artwork, as opposed to any copy, reproduction or imitation. Copies and reproductions are not considered original for the purposes of these terms and conditions. Copyright must belong to the creator of an artwork in order for it to be considered original.

“Purchaser” is defined as the person who has made a purchase on the Artroom 22 website through an online payment.

“User” is defined as any person, member or not, who browses or uses the Artroom 22 website for any purpose.

TERMS AND CONDITIONS OF USE

1. Age and Responsibility:

The user represents and warrants that they are of sufficient legal age to use the Artroom 22 website and to create binding legal obligations for any liability they may incur as a result of the use of the Artroom 22 website. The user agrees to be responsible for all of their use of the Artroom 22 website (as well as for use of their username and password(s) by others, including without limitation, minors living with them). The user agrees to supervise all usage by minors of the website under their name or account.

2. Unauthorised Use:

The Artroom 22 website must not be used for any illegal or unauthorised purpose. The Artroom 22 website must not be hacked and/or any adaptations made to any aspect of the website.

3. Prices and Sales Practice:

All artwork prices displayed on Artroom 22 website must be equal to, or lower than artwork offered for sale elsewhere. This means Artists explicitly agree to not price artwork listed on Artroom 22 website at a lower price on personal websites, exhibitions, other online galleries & marketplaces.

By using Artroom 22 website, Artists are required to complete all sales on Artroom 22 website which come from a Artroom 22 lead. This includes studio visits as organised by Artroom 22, artist to collector introductions, Artroom 22 initiated exhibitions and leads to an Artist directly e.g. via social media where buyers are known to have discovered the artist via Artroom 22. Best practice for artists who receive direct enquiries is to ask where the potential buyer discovered their artwork. In cases where the buyer advises Artroom 22, then the artist should direct the buyer to complete the transaction on Artroom 22 website.

4. Gift Voucher:

Gift Voucher can be used in any purchase on Artroom 22 website, except for purchasing another Gift Voucher. This voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only. Artroom 22 is not responsible if a Gift Voucher is lost, stolen, damaged or destroyed, and no replacement will be provided in these circumstances. Artroom 22 retains the right to reject any voucher that has been tampered with or found in any way unacceptable. You can purchase and customise your Gift Voucher here.

5. Artwork Photos:

All artwork photos on Artroom 22 website are for illustration purposes only. Artroom 22 ensures the best effort for all artwork photos and photo montage on visual wall to reflect the original piece of artwork(s), including but not limited to its colours, textures and sizes. The artwork photos might not be exactly the same with the original artwork(s) due to the lightning of the environment and shooting condition. The user(s) shall make reference to the specifications available beside every artwork for more accurate information. For any further details relating to the artwork(s), kindly contact Artroom 22 via email at impact@artroom22.com or mobile number at +60175118824.

6. Taxation Responsibility:

Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this agreement.

Artroom 22 will not collect or pay taxes on your behalf as Artroom 22 is merely acting as an agent in facilitating the sale of your product to the customers. You authorize Artroom 22 to deduct the base amount (which includes Artroom 22’s margin for facilitation services, including tax where applicable) from the sales proceeds for your artwork before distributing your margin (which will include tax where applicable). The amounts distributed to you will be deemed to be inclusive of any taxes, if applicable. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your art together with any potential interest or penalties that any tax authority may levy as a result of non-compliance.

For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.

7. Trademark:

The Artroom 22 logo is a trademark of Artroom 22. Use of the Artroom 22 logo is not authorised without express written permission from Artroom 22.

8. Copyright:

All content on the Artroom 22 website is copyright of either Artroom 22 or the Artist. Content must not be downloaded or used without express written permission from Artroom 22, or the Artist where the content is their own work.

The Artist retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the artwork, this must be separately negotiated with the Artist.

9. Refusal & Termination of Service:

Artroom 22 reserves the right to refuse service to anyone at any time and at its absolute discretion. Artroom 22 reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice. Artroom 22 reserves the right to terminate the Artroom 22 service at any time and at its absolute discretion without prior notice. Upon termination,any rights granted by the Artist to Artroom 22 under this agreement immediately revert to the Artist.

10. Warranties:

Artroom 22 offers an “as is” service. Artroom 22 does not supply any warranties in relation to content represented on the Artroom 22 website.

11. Dispute & Release:

Artroom 22 is released from any claims arising from disputes between users and members of the website, including disputes between Artists and Purchasers, between Artists and Artists, and between Purchasers and Purchasers.

12. Liability:

The user assumes all responsibility and risk for use of the Artroom 22 website including and without limitation any of the content or information contained therein. Artroom 22 accepts no liability for any failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.

13. Governing Law:

These Terms and Conditions of Use will be governed by and construed in accordance with the laws of Malaysia, and the courts of Malaysia will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms and Conditions of Use.

14. Disclaimer:

Artroom 22 does not represent or guarantee that the Artroom 22 service or the Artroom 22 website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Artroom 22 does not represent or guarantee that access to the Artroom 22 service or these websites will be uninterrupted.

The user acknowledges that the Artroom 22 service or the Artroom 22 website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of Artroom 22’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

Artroom 22 does not warrant that any members’ uploads to this website will be protected against loss or misuse or alteration by third parties. Artroom 22 does not warrant that all uploaded content will be available on our website. If Artroom 22 elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame. Artroom 22 reserves the right to cancel and refund any sale made through the Artroom 22 website.

It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.

Artroom 22 does not accept responsibility for any loss or damage, however, caused (including through negligence), that users may directly or indirectly

suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user’s use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

CONTACT & ACKNOWLEDGEMENT

By using Artroom 22 website (www.artroom22.com), you hereby agree with and accept all of the Terms and Conditions. If any part of this Terms and Conditions is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. A waiver of any breach of any of the provisions of this Terms and Conditions shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. If you have concerns relating to the Artroom 22 website or these Terms and Conditions, kindly contact Artroom 22 via email at impact@artroom22.com or mobile number at +60175118824.