These terms and conditions, together with our Privacy Policy ( collectively “Agreement”) set forth the general terms and conditions of your use of the Galeri Khazanah website (“Website”). This Agreement is legally binding between you (“you” or “your”) and Khazanah Nasional Berhad (“Khazanah”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website. If you are under 18 years of age, you must review the Agreement with your parent or guardian before accessing and using the Website to make sure that you and your parent or guardian understand this Agreement and agree thereto. If you’re a parent or legal guardian, and you allow your child to use the Website, then these terms apply to you and you’re responsible for your child’s activity on the services.
Your use of the Website is conditioned upon your acceptance of the Agreement. By accessing and using the Website, you acknowledge that you have read, understood, and agreed to be bound by the terms of the Agreement. You acknowledge that the Agreement is a contract between you and Khazanah, even though it is electronic and is not physically signed by you, and it governs your use of the Website.
The content on the Website, including without limitation, the text, artwork, documents, technology graphics, photos, sounds, videos, interactive features, services and any output thereof (collectively, the “Content”) as well as all trademarks, service marks, graphics, logos and marks on the Website (“Marks”) are owned by Khazanah, third-party service providers that have been engaged by Khazanah for the purposes of this Website, third parties from whom we had procured the artworks from and/or the relevant artists, where applicable. Khazanah has taken every effort to ensure that the Content is not defamatory, immoral, offensive or unlawful and does not infringe any intellectual property rights, privacy rights, and/or other rights of any third parties.
The artworks on the Website are displayed for non-profit educational purposes. All artworks have either been commissioned, purchased, gifted, used with permission, or credited to the original artists or source. The use of any such copyrighted material on the Website is believed to constitute fair dealing under the Copyright Act 1987.
This Agreement does not transfer to you any intellectual property owned by Khazanah, such third-party service providers, third parties from whom we had procured the artworks from and/or the relevant artists, and all rights, titles, and interests in and to such Content and Marks will remain solely with Khazanah, such third-party service providers, third parties from whom we had procured the artworks from and/or relevant artists, where applicable. None of the information on this website is to be interpreted as granting licenses on the Content and/or Marks. The express written consent of Khazanah, third-party service providers, third parties from whom we had procured the artworks from and/or the artists holding the rights is necessary for this. Unauthorized use of the Content and Marks are strictly prohibited.
You acknowledge that all Content and Marks are either copyrighted or trademarked as a collective work under applicable intellectual property laws and treaties.
Pursuant to this Agreement, you agree that you shall not:-
(a) use all or any part of the Content without our prior written authorisation or consent, including for commercial and non-private use;
(b) use and make reference to the Content and Mark, which includes (i) the names of the artists and the title of the artworks being displayed; (ii) the name, logo, trademarks or other intellectual property of Khazanah; and (iii) the name “Galeri Khazanah” or “Time Together: Exploring Art Through Khazanah Nasional Berhad’s Collection” or any similar derivations; in any material whatsoever without our prior written consent;
(c) use, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), copy, upload, post, publish, adapt, modify, screenshot, reproduce, display, disclose, circulate or distribute the Content in any way, without our prior written authorisation or consent;
(d) use, launch, deploy or implement any automated device program, algorithm, methodology or system (including without limitation, “robots”, “spiders”, bots, indexers, crawlers, harvesters or otherwise) to access, acquire, copy or monitor any portions of the Content;
(e) parse any content within our Website or copy any source code for the purpose of mimicking the look and feel of our Website;
(f) circumvent, disable or otherwise interfere with any features of our Website, including but not limited to security-related features, features that prevent or restrict use or copying of any content, or features that enforce limitations on use of our Website;
(g) use the Website to conduct fraudulent or illegal activities;
(h) use the Website to collect or harvest information, including without limitation information about the artists whose artworks are being displayed on the Website;
(i) engage in any activity that will restrict or inhibit other users from using the Website including but not limited to performing any act that would disrupt servers or networks connected to our Website;
(j) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
(k) to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website; and
(l) use all of or a part of the Content to, or solicit any third party to, violate and infringe any and all applicable laws and regulations that are applicable to the use of the Website, including but not limited to any copyright and trademark laws.
All information provided on the site is subject to change without notice. Khazanah 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. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against Khazanah for dissatisfaction with the Website or any content is to stop using the Website or any such content.
Khazanah does not represent that this Website or any Content, service or feature of this Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of this Website will provide specific results. This Website and the Contents are provided on an “as is” and “as available” basis without representations or warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement or accuracy. The Content, Marks and information on the Website can be changed or updated by Khazanah at any time and without prior notice.
Khazanah 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) Khazanah’s rights or property, or the rights or property of visitors to or users of the Website. Khazanah reserves the right at all times to disclose any information that Khazanah deems necessary to comply with any applicable law, regulation, legal process or governmental request. Khazanah also may disclose your information when Khazanah determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. Khazanah also reserves its rights to take action against any person who falsely accuse or implicate Khazanah of infringement at all times, as such accusation/implication may constitute defamation.
At its sole discretion, Khazanah may modify, suspend or discontinue the Website, temporarily or permanently, or may modify or terminate your access to the Website for any reason, with or without notice to you and without liability to you or any third party.
You acknowledge by your use of this Website that such access and use is at your sole risk. Khazanah, its affiliates, Khazanah’s and it’s affiliates’ partners, shareholders, directors, officers, employees and agents (“Exculpated Parties”) assume no responsibility, and shall not be liable for any damages caused by the Website, including but not limited to viruses or other forms of contamination or destructive features that may affect your computing equipment, software, data or other property on account of your access and use of the Website or your downloading of any materials, text, images, video or audio from the Website or any linked websites.
In no event shall the Exculpated Parties be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with your use and access of the Website.
Without limiting the generality of the foregoing, certain functionalities of the Website may be provided by third party service providers. The Exculpated Parties shall not be liable to you for any direct or indirect damages arising from your use of such third-party services. In addition, the Exculpated Parties shall not be liable for interruptions to the availability of the services provided by third parties and general use of third-party services and platforms, whether or not they are linked to the Website.
You also acknowledge that the Exculpated Parties are not liable for the defamatory, offensive or illegal conduct of other users of the Website or third-parties and that the risk of injury from the foregoing rests entirely with you.
You agree to defend, indemnify and hold the Exculpated Parties harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to your use of the Website.
Notwithstanding the indemnification given by you, Khazanah shall have the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you under the Agreement, and in such case, you agree to fully cooperate as reasonably required with such defence and in asserting any available defences.
This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia, and the parties submit to the exclusive jurisdiction of the courts of Malaysia.
We reserve the right to modify this Agreement or its terms related to the Website at any time at our discretion, without notice to you. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement, unless otherwise specified. Your continued use of the Website after the effective date of the revised Agreement will constitute your consent to those changes.
Although the Website may link to other resources (such as websites to other services and products, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Khazanah is not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. Khazanah does not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
If any part of any provision of the Agreement is invalid or unenforceable under applicable law, such part will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remainder of the Agreement.
No failure or delay by Khazanah in fully exercising any right, power or privilege will constitute a waiver unless expressly stipulated by Khazanah in writing, and if Khazanah grants a waiver on one occasion, Khazanah shall be entitled to fully enforce its rights, powers and privileges on future occasions.
None of the terms in the Agreement shall be enforceable by any person or entity who is not a party to the Agreement.
If you have any questions, concerns, or complaints regarding this Agreement, you may contact us using the details below:
Email: [email protected]
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
