General Terms of Use for
SpiritualistArt site

1. Acceptance of General Terms

Please read carefully the following information that explains the terms and conditions of use of the site as well as the membership conditions for services offered by SpiritualistArt. The mere fact of browsing the Site, as a Visitor, means that you accept and promise to respect unconditionally all Terms of Use. If you do not accept these Terms of Use, you may not use the Site or register as a User who benefits from SpiritualistArt Services. When you use the Site, you agree to comply with the Terms of Use, which contain provisions that apply to all Site Users, whether you are a Visitor or User. SpiritualistArt has the right to modify these Terms of Use at any time. New Terms of Use are then applied to any new subscription by Users to SpiritualistArt Services. Terms of Use, if applicable added or updated, are brought to the attention of Users at the time of subscribing to Services and are available at any time upon simple request. If you choose to join the Services offered online by SpiritualistArt, you become a SpiritualistArt User after checking the box to indicate that you have read the provisions of the Terms of Use and you agree to respect them. If you have any comments or questions about the Site or Services, please email the SpiritualistArt webmaster at [email protected]

2. Definitions

2.1. User

Refers to a natural or legal person who registers on the Site to benefit from Services offered by SpiritualistArt

2.2. Member Area / User Account

Refers to all data provided by the User when registering directly on the Site and allowing them to become a User of Services.

2.3. Terms of use

Refers to the general conditions of access to this Site.

2.4. Publisher

Refers to the owner of intellectual property rights related to the Website published by SpiritualistArt.

2.5. Services

Refers to all Services offered by SpiritualistArt and specifically:

2.5.1. Paid Survey Services

This service rewards Users for voluntary participation in surveys intended for SpiritualistArt Partners or SpiritualistArt itself.

2.6. Site

Refers to the website published by SpiritualistArt that allows second parties to offer Services for the benefit of Users and accessible at URL SpiritualistArt.com

2.7. Visitor

Refers to a natural person who visits the Site, without having User status. By using this Site, the Visitor clearly accepts the Terms of Use that apply to them.

2.8. Advertiser, Partner

Refers to partner companies that distribute offers of their products or services through SpiritualistArt.

3. Site Publisher

3.1.

The SpiritualistArt site is published by the company Digital Insights Sdn Bhd, Malaysia. (hereinafter "publisher"), registered in trade and company register under number 201975291577. Digital Insights Sdn Bhd: Level 15, Menara Axiata, No. 9 Jalan Stesen Sentral 5, Kuala Lumpur Sentral, 50470 Kuala Lumpur, Malaysia. You can contact us at the following address: SpiritualistArt.com or phone: +603-7529-1577

3.2.

SpiritualistArt is automatically responsible to Users for properly performing obligations arising from the Terms of Use, whether these obligations will be performed by itself or by other service providers, without prejudice to its right to appeal against them. However, SpiritualistArt may exclude itself from all or part of its liability by providing evidence that the contract's non-performance or poor performance is due to the User, or an unforeseeable and insurmountable fact by a third party unrelated to the provision of Services, or in case of force majeure.

4. Acceptance of Terms of Use

4.1. Formal acceptance of Terms of Use

4.1.1.

You can only benefit from Services after formally accepting the Terms of Use in their latest version.

4.1.2.

Once your agreement is given, you can: (i) permanently access the content of provisions you have accepted in your User Account; (ii) print the Terms of Use you have accepted.

4.1.3.

If SpiritualistArt modifies the Terms of Use, the procedure for accepting new Terms of Use will be offered to you by SpiritualistArt as stated in article 4.2 of the Terms of Use.

4.2. Modification of Terms of Use

4.2.1.

SpiritualistArt has the right to modify the Terms of Use at any time and: (i) either to notify each User in advance about modifications made to the Terms of Use and to obtain consent from each of them before their application; (ii) either during the first connection of the User to the Site after implementation of new Terms of Use, to make access to Services subject to acceptance of new Terms of Use.

4.2.2.

New Terms of Use that have been authorized by the User will be stored and accessible to the User in accordance with provisions of article 4.1 of the Terms of Use.

5. Opening Member Area / User Account

5.1.

To register as a User and use Services, you must first open a User Account / Member Area. This operation is carried out online on the Site, and allows you to benefit from access to functions related to opening an account in the Member Area. SpiritualistArt can be accessed by any adult person (over 18 years old) eligible to open a User Account as well as use Services offered by SpiritualistArt. The use of VPN is strictly prohibited.

5.2.

The list of functions offered after opening a User Account / Member Area mentioned in article 7. It is indicative, SpiritualistArt has the right to change functions, without specific information from Users.

6. Opening and management of User Account / Member Area

6.1.

Data related to User Account / Member Area When opening their User Account, Users are fully responsible for data they provide to SpiritualistArt. Users guarantee that information they provide to SpiritualistArt when opening their User Account or subsequently is accurate, precise and complete. SpiritualistArt has the right to request proof of identity from Users or suspend User Accounts if information provided seems inaccurate, imprecise or incomplete.

6.2.

Updating User Account / Member Area data Users promise to systematically update information about themselves.

6.3.

Password for access to User Account / Member Area When you join Services, you must choose a password. You are fully responsible for all activities carried out from your User Account / Member Area under your password. It is therefore up to the User to ensure strict compliance with the confidentiality of their password. You must immediately notify SpiritualistArt of any unauthorized use of password, or notify SpiritualistArt if you believe your password is no longer confidential. SpiritualistArt has the right to ask you to change your password if SpiritualistArt believes that one (or more) of them no longer provides adequate security.

7. Description of SpiritualistArt Services

You create your User Account / Member Area using the registration procedure referred to in article 5. You can then access Services, whose operation is described below:

  • Paid surveys: Users may be invited to answer paid surveys and questionnaires. Completing these surveys entitles you to earn profits in different forms and amounts, which will be determined for each survey. Users promise to provide information as accurate and precise as possible.

8. Payment of earnings – Payment deadline – Tax obligations

8.1.

Each month, Users will receive a statement of their earnings on SpiritualistArt. These earnings will come from Paid Survey Services.

8.2.

Users can request payment of their earnings by connecting to their Member Area as soon as they reach at least 1000 Points. This payment will be made through the payment page chosen according to the payment method selected by the User. Payment will be made within 15 days after confirmation of the request. SpiritualistArt has the right to modify payment methods offered at any time. SpiritualistArt has the right to refuse payment if violations of these General Terms are observed. Users will be notified by email about this decision. Any complaints regarding payment of earnings can be addressed to [email protected]

8.3.

Payment of earnings obtained using SpiritualistArt Services constitutes taxable income. Users must complete necessary formalities for declaring this income. Users, due to the nature of their activity, and the absence of any subordination relationship, cannot be assimilated to employees. They are self-employed. Therefore, they must, if applicable and relevant, complete necessary formalities for personal registration with social and tax organizations, updated with their declarations and payments, and provide proof at any time to SpiritualistArt so that SpiritualistArt cannot be concerned about this fact and can comply with Malaysian tax law requirements. Users are particularly informed about SpiritualistArt's obligation, if users manage to earn at least RM5,000 in that year, to identify and declare these Users in their annual tax reports.

9. Amount of rewards

9.1. Financial value

Rewards are stated in financial value. These rewards apply, for their online availability period, to any reward related to SpiritualistArt Services. Rewards presented online for Services can be modified by SpiritualistArt at any time. Modified rewards apply to any reward for Services performed after online posting.

9.2. Cancelled votes

Surveys cancelled by partner platforms will be deducted from Users without time limit. Points earned by these cancelled surveys will be deducted from User's reward pool.

10. Termination

10.1.

Users can terminate their registration at any time, by connecting to their Member Area / User Account to close their account online. If Users do not request payment of their earnings before terminating their account, these earnings will be lost. If Users want to close their Account after requesting payment of their earnings, they must wait to receive this payment before closing their User Account; otherwise, earnings will be lost. In accordance with article 8 of the Terms of Use, SpiritualistArt only makes payments if the amount of earnings exceeds 1000 points.

10.2.

If fraud is suspected, SpiritualistArt has the right to suspend User Accounts while awaiting supporting documents from Users (proof of identity, proof of address, etc.). In case of proven fraud, Users will be notified by email about closure of their account; this fraud will result in loss of earnings accumulated in this User Account. Users are informed about the fact that SpiritualistArt has the right to retain information related to any User account identified as fraudulent for purposes of (i) denying the latter the possibility of having a new User Account, (ii) to enable any prosecution and (iii) to prevent any new violations, in accordance with Malaysian data protection laws. Fraudulent Users have rights of access, correction and opposition (for legitimate reasons) to information concerning them. To obtain additional information related to processing your personal data, refer to the privacy policy or contact SpiritualistArt at email address [email protected]

10.3.

If a User Account is inactive for at least 365 days, SpiritualistArt will suspend that account, resulting in loss of accumulated earnings.

10.4.

In case of User death, their beneficiaries have the possibility to take over their Account by updating personal data, or request closure of User Account and payment of related earnings if the amount is more than 1000 Points.

10.5.

User data will be kept for one year after their last connection.

11. Suspension of access to Services

You acknowledge that SpiritualistArt may at any time, without prior notice: (i) modify all or part of Services; (ii) interrupt or suspend all or part of Services if you do not comply with Terms of Use; or (iii) refuse to process all or part of Services, suspend or close your Member Area / User Account if, according to SpiritualistArt you do not comply with any of the provisions of Terms of Use or at the request of judicial or administrative authorities.

12. Account suspension / Account cancellation

Your account may be suspended if:

  • Your account remains inactive for 365 consecutive days.

If your account is suspended or terminated, you can ask SpiritualistArt to investigate the suspension or termination. In this case, please contact our customer service. If you believe your account has been suspended or terminated due to an error, you must contact SpiritualistArt via email within sixty (60) days after the error, explaining in detail the cause of the dispute and explaining any relevant information that appears abnormal. After receiving your request, we will investigate and notify you of our decision within thirty (30) days. If we need more time to decide on your request, we will notify you and make a decision as quickly as possible. Any decision we make regarding this request is final.

You can close your account at any time by visiting the section of our website related to your account and clicking "Delete my account". Closure of your account will take effect immediately. If you have difficulty closing your account, please contact customer service. Customer service will respond to you as quickly as possible. Your account will be closed immediately after deletion or if you unsubscribe from SpiritualistArt. You understand and agree that in case of suspension, cancellation or termination of your account, as described above, your right to access Services will be terminated and all points credited to your account upon such suspension, cancellation or closure will be cancelled, regardless of how or when they were earned. SpiritualistArt may terminate your account at any time for any reason.

13. Participation Terms

Your ability to participate in surveys depends on your compliance with this Agreement and all rules and guidelines applicable to Services that SpiritualistArt will provide from time to time. SpiritualistArt has the right to cancel or delete your account, registrations and points in case of violation of this agreement, fraud or misconduct (at SpiritualistArt's absolute discretion), refuse to reimburse points, limit, restrict, block or delete your access and use of surveys; In addition, all points, prizes and rewards will be cancelled. Without limiting the breadth of the above, the following requirements are imposed on your use of SpiritualistArt:

  • Do not use and do not disclose. Information and content provided to you in surveys may contain trade secrets or other confidential vendor information. You must maintain confidentiality and not disclose to anyone information and content you may access or have learned while participating in surveys, projects, questionnaires or other market research activities related to surveys. You may not use any such information or content for any purpose other than participating in these surveys and complying with this agreement. You hereby agree to immediately notify SpiritualistArt if you witness or suspect any use, disclosure or access to any such information or content not authorized by this Agreement.
  • Registration details. You agree to (1) provide accurate, current and complete information about yourself as prompted by survey registration forms; (2) keep your password and login information confidential; (3) maintain and promptly update information you provided during registration and any other information you entrust to SpiritualistArt, ensuring it is accurate, current and complete. Your registration requires you to provide the following information, but not limited to: your date of birth and a valid email address. For payment requests, SpiritualistArt has the right to ask you to obtain additional information: your full legal name, your main residential address, your phone number, a copy of your identification document.
  • Multiple accounts. You may only have one active account at a time. You may only have one account per household. Duplicate accounts by any individual or household will result in termination and forfeiture of all points, prizes and rewards.
  • Compliance with laws. You must at all times comply with all applicable laws, regulations and rules and may not cause SpiritualistArt to violate any such laws, regulations, rules or statutes.
  • Honest participation. You agree to use your knowledge and belief to the best of your ability to participate in market research that you record as part of studies. You may not provide false or misleading information, including, but not limited to, survey responses that are inconsistent with previously given responses or that are statistically unlikely.
  • Appropriate communication. Whenever you communicate with SpiritualistArt employees, you agree to do so in a respectful and appropriate manner. You will not send any SpiritualistArt employee, affiliate or other user of Services any communication or information that is rude or crude, obscene, crude, sexually explicit, offensive, threatening, hateful, unlawful or inappropriate; You agree not to share or distribute.
  • User Content. You provide SpiritualistArt with information related to your participation in market research or other surveys conducted, including survey responses, ideas, comments or other information or content ("User Content"). If you entrust User Content to SpiritualistArt, unless SpiritualistArt states otherwise, you grant SpiritualistArt and its affiliates non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, display and use in any media, without requiring your consent and without having to pay compensation to you.

By submitting your User Content, you represent and warrant that you are legally authorized to submit it and it is accurate and complete. You may not submit any User Content that:

  • Violates laws, is defamatory, obscene, indecent, harassing, threatening, violates privacy rights, is offensive, incites, is false, inaccurate, deceptive, fraudulent or intended to impersonate another person or entity;
  • violates privacy or rights of any person or entity or would create liability or violate any local, federal, state or international laws;
  • Violates any patent, trademark, trade secret, copyright or other intellectual property rights of any person or entity;
  • contains personal information about any person or entity, including, but not limited to, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
  • contains viruses, corrupted data or other harmful, damaging or corrupting files or information;
  • Is, in SpiritualistArt's sole consideration, unacceptable and fails to demonstrate your willingness to demonstrate good faith in answering any survey or market research questions, or exposes SpiritualistArt or its licensors or suppliers to any liability.

14. Site Availability

14.1.

SpiritualistArt strives to ensure Site availability 24 hours a day, 7 days a week. However, it may occur that Site operation is interrupted as part of maintenance operations, updates at hardware or software level, emergency repairs on the Site or as a result of circumstances beyond SpiritualistArt's control (such as, for example, link failures and telecommunications equipment).

14.2.

SpiritualistArt acknowledges promise to take all reasonable steps to limit these interruptions, provided they originate from it. Users acknowledge and accept that SpiritualistArt is not responsible to them for any modification, absence, suspension or interruption of the Site.

15. SpiritualistArt Liability

15.1.

SpiritualistArt promises to provide Services as a diligent professional, within the framework of means obligations.

15.2.

SpiritualistArt can only be held liable for compensation for financial consequences of damage that is both (i) direct and (ii) foreseeable due to poor or partial performance of Services.

15.3.

SpiritualistArt cannot under any circumstances be liable for indirect or unforeseen damages, which include specifically, but without this list being complete, any lost profits, losses, inaccuracies or corruption of files or data, commercial harm, loss of substitute profits or earnings, loss of service opportunities or loss of profits, loss of service opportunities or technology losses.

15.4.

In any case, (i) the amount of SpiritualistArt's financial liability is limited to refunding the amount of User earnings at the latest by SpiritualistArt and (ii) Users cannot exercise SpiritualistArt liability due to any violation under Terms of Use, only for a period of one (1) year from when that violation occurred and was clearly accepted.

16. Force majeure

16.1.

SpiritualistArt cannot be held liable in case of force majeure or any other event beyond its control that prevents performance of its services and provision of Services under conditions consistent with provisions of Terms of Use.

16.2.

Irresistible events are considered force majeure, as well as, without this list being complete, the following events: total or partial strikes, internal or external to SpiritualistArt, bad weather, epidemics, transport or supply restrictions, for any reason, earthquakes, fires, storms, floods, water damage, government or legal restrictions, changes in laws or regulations to forms of marketing, viruses, telecommunications restrictions, including dial-up networks, terrorist attacks.

17. Malaysian intellectual and/or industrial property rights

17.1. Warning of Malaysian Intellectual Property Law provisions

17.1.1.

According to the Copyright Act 1987 Malaysia: "Any counterfeiting is a crime. Any edition of writings, musical compositions, drawings, paintings or any other printed or engraved work in whole or in part, by disregarding laws and regulations related to author property, is a violation; and any counterfeiting is a crime."

17.1.2.

Violating database producer rights can be punished according to relevant Malaysian laws.

17.2. SpiritualistArt intellectual and/or industrial property rights

SpiritualistArt holds all intellectual and/or industrial property rights related to the Site and/or elements created and/or provided by it as part of Services as well as all documents and media provided, if applicable, to Users as part of provision of Services, regardless of their state of completion (hereinafter referred to as "Creations"). In your capacity as Visitor and/or User, you promise not to reproduce any element of this Site. Any use of the Site contrary will constitute a violation that may result in civil and/or criminal prosecution. Furthermore, Users promise not to use any Creations that may violate SpiritualistArt's industrial property or intellectual property rights.

18. Distinctive signs

Refers collectively to brands, company names, marks, trade names, domain names or URLs, logos, pictures, images and/or other distinctive signs used on the Site, or to designate Services. SpiritualistArt does not grant you any license or rights over Distinctive Signs that are the exclusive property of SpiritualistArt or third parties who have given it the right to use them.

19. External links

19.1.

SpiritualistArt offers tracking links to third-party Advertiser or Partner sites. These tracking links have the sole purpose of ensuring SpiritualistArt Services function properly and are technically necessary to be able to reward Users for actions they perform.

19.2.

SpiritualistArt may also provide simple links to other third-party sites. These links are provided as a courtesy only.

19.3.

SpiritualistArt is not the editor of content or responsible for publishing Advertiser, Partner or ordinary third-party sites, and therefore cannot monitor their content. Any access to these websites is under your responsibility and at your own risk. SpiritualistArt disclaims any responsibility for content or availability of third-party sites. You acknowledge that SpiritualistArt is not responsible for any loss or damage that may be caused by use of these third-party sites.

20. Various provisions

20.1. Advertising

SpiritualistArt is authorized to make reference to Users in its commercial documents or publications, only after written consent from Users regarding exact text of reference and its use, if this reference is more than a brief mention of User name.

20.2.

20.2.1.

The latest version accepted by Users of Terms of Use states the entire obligation between SpiritualistArt and Users related to Services and cancels and replaces any declaration, negotiation, commitment, oral or written communication, acceptance, contract and prior agreement, related to provision of Services by SpiritualistArt for benefit of Users.

20.2.2.

You can at any time access the latest version of Terms of Use you have accepted by accessing your User Account, and print them using functions offered by your browser.

20.2.3.

Any commitment made under additional provisions or general conditions in any form, even signed by both parties, will be null and void after the date of acceptance of the latest version of Terms of Use by Users.

20.3.

Partial invalidity If any provision of Terms of Use is considered null or inapplicable by a court decision having res judicata authority and passed, parties agree to try to limit as much as possible. The scope of this cancellation or inapplicability can be determined so that other contractual provisions remain in force and economic balance of Terms of Use is, as much as possible, respected.

20.4.

Any notification (formal notice, report, approval or consent) required or necessary in application of provisions of Terms of Use must be made in writing and will be considered validly given if delivered by hand or sent by registered mail with request for acknowledgment of receipt to the postal address of the other party.

21. Applicable law and jurisdiction attribution

21.1.

Terms of Use are subject to Malaysian law, both for form regulations and material regulations.

21.2.

If Terms of Use are translated or presented on the Site in a foreign language, only the Malaysian language version of Terms of Use between you and SpiritualistArt will be valid.

21.3.

IN APPLICATION OF PROVISIONS OF MALAYSIAN CIVIL PROCEDURE LAW, IN FAILURE OF AMICABLE AGREEMENT BETWEEN YOU AND SpiritualistArt FOR ANY DISPUTE RELATED TO INTERPRETATION, PERFORMANCE OR TERMINATION OF THIS CONTRACT BY PRESENTATION, MALAYSIAN COURTS WILL HAVE EXCLUSIVE JURISDICTION, EVEN WITH PLURALITY OF DEFENDANTS, EVEN FOR REFERENCE PROCEDURES.

Last update of General Terms of Use: 15/01/2025