Terms and Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
Access and use of this website is conditional upon the acceptance and compliance with all terms listed in this document (‘Terms and Conditions’). All use of and/or continued access to this website constitutes agreement to these Terms and Conditions.
Walter Empire Sdn. Bhd (“WESB”) and our subsidiaries, reserves the right to amend the Terms and Conditions at any time by posting the amended Terms and Conditions on this website, and such amendment will take effect at the time of posting. Please visit http://www.walterempire.com periodically to determine any changes to these Terms and Conditions. Any violation of the Terms and Conditions will result in the termination of the use and access to this website.
Please note that there are sections of this website that are restricted to certain authorized users only. Use of these restricted sections is governed by the ‘Restricted User’ terms below. If you have been granted access to such restricted sections by mistake, please exit the restricted area immediately, and let us know of such access by email.
The Terms and Conditions are effective until terminated by WESB. WESB may terminate your access to the website at any time without notice. In the event of termination, all restrictions imposed under the Disclaimer, Copyright Notice and Privacy Statement will survive the termination and continue to be binding upon you.
JURISDICTION & OWNERSHIP
www.walterempire.com is the domain name registered in the name of WESB. This website, including the Terms and Conditions, is exclusively governed by, and is subject to, all applicable laws of Malaysia, notwithstanding that it is or may be accessible in or viewed in any other jurisdiction.
CONTENTS & MATERIALS
The contents of this website are for the purpose of providing certain permitted information relating to the services of WESB. The materials on this website are intended to give a general overview only to the areas covered, and at most if not all of such materials are in summary form, they are not intended to be complete or comprehensive. In no sense does any of the content or materials constitute legal advice or the provision of legal services. WESB makes no warranty or representation is given that any content or material is complete or comprehensive or is usable without any further input.
By viewing or accessing this website does not give rise to any legal relationship between you and WESB. Communications between you and WESB through this website, whether by way of feedback or response to queries or otherwise howsoever does not give rise to any legal relationship between you and WESB.
Copyright © 2017, WALTER EMPIRE SDN. BHD. All rights reserved.
WESB owns and reserves all intellectual property rights, in relation to the content, design and marks contained in this website. The reproduction of the contents of this website in part or in its entirety is prohibited and the content shall not be adapted, recopied, downloaded, transmitted, distributed, stored permanently or otherwise in any material form whether in a retrieval system or not, without the prior written consent of WESB.
You shall not upload, post or otherwise make available on this website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any such material is not protected by copyright, trademark or other proprietary rights is upon you. You shall be solely liable for any loss, damage, cost and expenses resulting from any infringement of copyrights, trademark, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of the website, you automatically grant, or warrant that the owner of such material has expressly granted WESB the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
ELIGIBILITY TO PURCHASE
In order to make purchases on our website you will be required to provide your personal details. In particular, you must provide your real name, phone number, postal address, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The WESB website is available only to individuals and others who meet our terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to WESB, whose applications are acceptable to WESB and who have authorised WESB to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. WESB reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where WESB feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
WESB offers products for sale that are in stock and available for dispatch from our distribution centre.
Prices shown on the WESB website are in Ringgit Malaysia.
Payment can be made by Visa, Visa Debit, MasterCard, American Express, and any other methods which may be clearly advertised on the website from time to time. Payment will be debited and cleared from your account upon dispatch of your order by WESB. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment to WESB, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our website secure. To help ensure that your shopping experience is safe, simple, and secure, WESB uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
No electronic link shall be made to this website without the prior written consent of WESB. In respect of such links, we state that WESB does not control or endorse those websites, and is not responsible for the content and/or information contained in such websites or any other aspect of such websites.
LINKS TO THIRD PARTY WEBSITES
WESB expressly disclaims all liability, to any person, entity,body or organization, for all loss or damage of any kind whatsoever including but not limited to personal injury or death to any person or damages to tangible or intangible property, whether these are attributed to or caused by the use of products and/or services offered under this website or any linked website, whether direct, indirect or consequential, in respect of anything done or omitted to be done, whether wholly or partly, in reliance upon the whole or any part of the contents and/or materials within this website.
All reasonable precautions have been made to ensure that any information provided on this website is free of viruses that may interfere with or damage the operations of your computer systems. However, WESB does not accept any responsibility for, and hereby excludes all forms of liability, to the maximum extent permitted under applicable laws, for loss or damage, caused by or resulting from interference with or damage to your computer systems which occur in connection with use of this website, whether through a computer virus or otherwise howsoever occurring.
You expressly agree that use of this website is at your sole risk. Neither WESB, its affiliates nor any of their respective directors, shareholders, employees, agents, third party content providers or licensors warrant that this website will be uninterrupted or error free or any defects in this website will be corrected or this website is free from viruses or other harmful elements, nor do they make any warranty as to any results that may be obtained from use of this website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this website.
Should any part of this website offer you the opportunity to join in or read from a forum, please be aware that any communications posted on the forum represent the views of the individual who posted such communication and are not to be taken as the views of WESB. WESB does not accept any responsibility or liability for anything posted on a forum by any user of the forum. You may not use the forum to post, upload, or otherwise transmit information or pictures that are defamatory, a breach of privacy or otherwise unlawful. WESB reserves the right to monitor any information transmitted or received through any form. WESB, at its sole discretion and without prior notice, may at any time review, remove or otherwise block any materials posted.
All contents, information and advice on this website (if any) are provided on an “as is” basis. Neither WESB nor any of its directors, shareholders, employees, agents or subcontractors shall be liable for any damages either direct, indirect, incidental, consequential, otherwise (including but not limited to financial losses, loss of data, loss of profits, loss of business, business interruption or the like) arising out of the use or inability to use this website or the content, information or advice provided on or via this website, defects, viruses, or other malfunctions caused to any equipment and other software in connection with access or use of this website, the interception, modification or misuse of information transmitted to WESB or transmitted to you, even if WESB has been advised of the possibility of such damages. Please make it your personal responsibility to verify any information available herein. We suggest that you seek independent professional advice before making any form of decision based on information obtained from the WESB home page.
This website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability fitness for a particular purpose, accuracy, timeliness or completeness, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Terms and Conditions.
You shall use this website for lawful purposes only. You shall not post or transmit through this website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, constitute an invasion of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without WESB’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in WESB’s view restricts or inhibits any other user from using or enjoying this website will not be permitted. You shall not use this website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become yours of other online information services competitive with this website.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence or other tortuous behavior, or under any other cause of action. You specifically acknowledge that WESB is not liable for the defamatory, offensive or illegal conduct of others or third parties and that the risk of injury from the foregoing rests entirely with you.
In no event will WESB, or any person or entity involved in creating, producing or distributing content on website software be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this website. You hereby acknowledge that the provisions of this section shall apply to all contents on this website.
In addition to the terms set forth above, neither WESB nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the website, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither WESB nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
PASSWORD AND ACCOUNT SECURITY
You acknowledge and agree that you are responsible for maintaining the confidentiality of any passwords associated with any account being used to access or use this website and that you will be solely responsible to WESB for all activities that occur under your account.
In the event you become aware of any unauthorized use of your password or your account, you shall notify WESB immediately.
You agree to defend, indemnify and hold harmless WESB, its affiliates and their respective directors, shareholders, employees, agents or subcontractors from and against all loss, damage, claims or expenses, including attorneys’ fees, arising out of the use of the website by you or your account in breach of this Terms and Conditions.
As the owner and operator of this website, through its Internet host server, WESB will obtain and retain certain information about those who are using this website.
We believe in protecting your privacy, we reiterate that the information collected about you will not be divulged, disclosed or sold to any third party whatsoever. These are other than the purposes for WESB’s internal applications, whereupon required, authorized or permitted by or under law, or for reasons known and authorized by you.
While we exercise all reasonable precautions necessary to protect the confidentiality of your information from third parties, it is emphasized that WESB does not have any control over these third parties, who may or may not further disclose information to other parties. We do not assure that such parties will not solicit you via e-mail or in any other form of contact whatsoever.
For statistical purposes, WESB reserves the right to collate demographic or statistical information from any information provided by you via usage of the WESB home page to third parties endorsed by the company. Such demographic or statistical information are not personally identifiable, and could be in the form a summary or compilation of information.
RESTRICTED SECTIONS USER TERMS
Certain parts of this website are restricted sections to which only authorized individuals are granted access. For those individuals that are granted access to restricted sections, such access is granted on the basis that the conditions of access, which may be prescribed generally or with some level of specificity, are adhered to at all times. Access can be terminated at any time, at our sole discretion, without WESB having to afford any cause or justification. Breach of such conditions or access and/or breach of the Terms and Conditions generally, would entitle WESB to bar access to the restricted sections of this website without any further notice or obligation to consult beforehand and without having to establish such breach.
Access to the restricted sections is governed by a combination of a user name and a password. Passwords may be changed from time to time to enhance security. Specific individuals or organizations that have been granted access to restricted sections within this website:
- Will be notified by e-mail of changes in their respective passwords, from time to time;
- Must not under any circumstances and at any time disclose such passwords to any individual or organization;
- Must take all reasonable endeavors to ensure that user names and passwords remain confidential at all times; and
- Must notify WESB immediately at in the event that the secrecy of user name and/or passwords is compromised, or if there is even a suspicion that the same has been compromised in any way or by anyone.
Spammers are strictly barred from all WESB servers. Please be reminded that by accessing this website you have expressly agreed not to send bulk unsolicited e-mails with commercial messages to other users of this website or the public, or interfere, harass, threaten or abuse other users, and/or post or distribute any obscene, hateful, racially offensive information or materials.
PERSONAL DATA PROTECTION POLICY
We, Walter Empire Sdn. Bhd, and our subsidiaries, respect the privacy of all individuals with whom we have a contractual relationship. We are committed to protecting all Personal Data kept by us.
For this reason, Walter Empire Sdn. Bhd and its subsidiaries (collectively, “WESB”) have adopted this Personal Data Protection Policy (“this Policy”) in compliance with the Personal Data Protection Act 2010 of Malaysia (“PDP Act”).