Terms of use

These terms and conditions of use (hereinafter collectively the “Terms of Use”) apply to all web pages (hereinafter collectively the “Website”) operated by The Wall Public and/or its affiliated companies (hereinafter collectively “The Wall Public”) as well as to the information and/or data made available to you on or via the Website in any form whatsoever (hereinafter collectively the “Information”). By browsing the Website and/or downloading the Information, you agree to the following Terms of Use:


Applicability

You agree that The Wall Public may amend the Terms of Use at any time and without reference to you. The Terms of Use in force at any time are the Terms of Use as published on the Website.


Use

You agree that you are solely liable for all damages and costs, including but not limited to legal costs on an indemnity basis, in respect of your use of the Website and/or the Information and any dispute arising therefrom, including but not limited to any dispute between you and The Wall Public for any purpose whatsoever.

You are aware that the Information is for your private reference purposes only and does not contain any representations to you. You agree to be fully liable for ensuring the accuracy, completeness, timeliness, currentness, or suitability for any particular purpose, of any of the Information used by you. You further agree that you do not rely on the Information in any way.

You agree that to the maximum extent permitted by law, The Wall Public bears no liability to you, including liability for negligence, in relation to the use of the Website and/or the Information, except where such liability arises from wilful misconduct by The Wall Public’s management.

You agree that you have made, or will make, independent enquiries regarding the Information, including any necessary enquiries to professional advisers about any of the Information and about applicable laws and regulations.

You are aware that the availability, and your use, of the Website and/or the Information, is subject to EDL’s discretion and may be subject to circumstances beyond The Wall Public’s control. You agree that The Wall Public may make any changes it deems fit to the Website and/or any of the Information without reference to you and you are fully liable for any consequences arising from any such change.

You are aware that colours used in The Wall Public communications (including but not limited to the Website and/or the Information) and in samples of The Wall Public’s products are for illustration purposes only. You are further aware that the perception of any colour may differ even if the same colour is used. You agree that The Wall Public bears no liability to you, including liability for negligence, in relation to the use of any colours in the Website and/or the Information.

You agree not to cause any products, samples of products or any of the Information pertaining to any products to be used in any product tests without the express written consent of The Wall Public.


Technical Issues

You are aware that errors or interruptions in the use of the Website may arise due to various circumstances, which may be beyond The Wall Public’s control. You are further aware that the Website may link, embed or otherwise refer to, or be linked, embedded or otherwise referred to by, other web pages. You agree that you are solely liable for any errors or interruptions in the course of your use of the Website, whatsoever and howsoever caused, whether in respect of the Website any of the web pages that it may refer to or may refer to it. You further agree that you are solely liable for any consequences arising from your use of the Website, including failures to deliver or delays in the delivery of electronic messages, the interception or manipulation of electronic messages and/or the transmission of viruses.

You are aware that your use of any other web browsers may result in a less satisfactory browsing experience and agree that in any event, The Wall Public bears no liability to you, including liability for negligence, for any consequences arising from the use of any web browser in relation to the Website, including the web browsers listed above.


Cookies and Privacy Policy

You agree that The Wall Public may collect and analyse information on the use of the Website by means of cookies, storage of session information, or any other technological means. In the event that you do not allow cookies in your web browser, you agree that you may be unable to use the Website, either wholly or partially.

You agree and consent that The Wall Public may collect, use, disclose and/or process any personal information provided by you to The Wall Public for any purpose whatsoever, including the purpose of sending you information about The Wall Public, its products and/or suppliers, insofar as such collection, use, disclosure and/or processing does not contravene any law in force in Malaysia.

You are aware that our cookie and privacy policies do not apply to any data collected and processed on or via any external websites. You agree that The Wall Public bears no liability to you, including liability for negligence, in relation to such data.


Intellectual Property

You are aware that all copyrights, other intellectual property rights and/or any other rights in the Website or the Information (including logos, trademarks, service marks, software, databases, audio, video, text and photographs) are the property of The Wall Public and/or its licensors.

You agree that you may print or download any part of the Website or the Information for your private reference purposes only. You further agree not to amend, modify, reverse engineer, disassemble, retain, reproduce, disseminate, publish, store, copy, create any derivative works from, or use in any way except as expressly authorised by the Terms of Use, any of the Information or copies of the Information, either wholly or partially.

Any use of the Website or the Information except as expressly authorised by the Terms of Use may amount to copyright infringement, which may subject the infringer to both civil and criminal liability. The Wall Public’s rights in this regard are hereby expressly reserved.


Unsolicited Communications

An “unsolicited communication” is any information which you may cause to be communicated to The Wall Public, via the Website or otherwise, which has not been expressly requested by The Wall Public.

You agree that in the absence of any express agreement to the contrary, by making any unsolicited communication, you assign to The Wall Public, without limitation, all your rights in any such unsolicited communication, including all intellectual property rights, which for the avoidance of doubt includes copyright, in consideration of your use of the Website and/or the Information.


Indemnification

You agree to fully indemnify The Wall Public, its directors, officers, employees and agents, suppliers and/or any other person or corporation related to The Wall Public, against all damages and costs, including but not limited to legal costs on an indemnity basis, incurred in relation to your use of the Website and/or the Information and any dispute arising therefrom, including but not limited to any dispute between you and The Wall Public for any purpose whatsoever.


Severability

You agree that if any provision of the Terms of Use is held by a court of competent jurisdiction to be wholly or partially invalid or unenforceable, then that provision (or part) is deemed severed from this the Terms of Use to the extent that it is invalid or unenforceable and the validity and enforceability of the remainder of this Agreement is not affected. You further agree that the invalid or unenforceable provision will be replaced by a valid provision, the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.


Governing Law and Jurisdiction

The Terms of Use are governed exclusively by the laws of Malaysia and you agree to irrevocably submit to the exclusive jurisdiction of the Courts of the Malaysia.