Your personal data including your name and contact details which you have provided to Tosia by WMC RESOURCES Sdn. Bhd. (hereinafter referred to as “we” or “us” or “our”) in this website (“Personal Data“) will be recorded, stored and otherwise processed by us for obtaining your feedback in relation to our goods and services, advertising, marketing, communication, conducting market surveys, trend analysis, processing your membership application or registration under our loyalty program and our other legitimate business purposes (“Purpose“).
Please be informed that your Personal Data may be disclosed to our affiliates, service providers and relevant business partners such as public relations agencies, market research firms, advertising agencies (if any) for the Purpose and as permitted by applicable data privacy laws.
You may request for access to or correction of the Personal Data or limit the processing of the Personal Data at any time hereafter by submitting such request to us via e-mail to Product Manager, Tosia Malaysia (email@example.com) or telephone at 03-21818846. Please note that it will be necessary for you to provide all of the Personal Data, without which we will not be able to process the same for the Purpose including our obtaining your feedback. By submitting your Personal Data in this website, you consent to the processing and transfer (if required) of your Personal Data by us.
- Thank you for accessing www.tosia.com.my (the “Website“). Please read these terms and conditions (“Terms“) before using the Website which is operated by WMC RESOURCES Sdn. Bhd. whose business address is at No19A-13-3A, Wisma UOA Center, Jalan Pinang 50450, Kuala Lumpur, Malaysia. (“Tosia”). By using the Website, you signify your acceptance of the Terms in consideration of which WMC RESOURCES SDN BHD provides you with access. From time to time WMC RESOURCES SDN BHD may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. Your use of the website following any such change constitutes your agreement to follow and be bound by the terms as changed. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time WMC RESOURCES SDN BHD may run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
2. NO RELIANCE
While WMC RESOURCES SDN BHD has endeavoured to ensure the accuracy of the information accessed via the Website Tosia (WMC RESOURCES SDN BHD ) does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.
There may be links that will let you leave this Website or that will let you access this Website from third party sites. Linked third party sites are not under the control of Tosia (WMC RESOURCES SDN BHD ) and Tosia (WMC RESOURCES SDN BHD ) is not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites is not an endorsement by Tosia (WMC RESOURCES SDN BHD ) in favour of such site or the products or services contained in any linked site. To the extent that this Website contains links to or may be accessed from outside services and resources, the availability and content of which Tosia (WMC RESOURCES SDN BHD ) does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.
4. INTELLECTUAL PROPERTY
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material (“Content“) is protected by copyrights, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by WMC RESOURCES SDN BHD and content owned or controlled by third parties and licensed to WMC RESOURCES SDN BHD. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website.
You may not use any of WMC RESOURCES SDN BHD’s trademarks or trade names without WMC RESOURCES SDN BHD ‘s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
You agree to notify WMC RESOURCES SDN BHD in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trademark, or other contractual, statutory or common law rights of any party.
5. LICENCE AND DOWNLOAD RIGHTS
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
Download is permitted by WMC RESOURCES SDN BHD provided only that:
(i) you make no more than one printed copy of such download and no further copies of such printed copy are made;
(ii) you make only personal, non-commercial use of such download and/or printed copy; and
(iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
If you use our Website, we may collect your IP address and your browser type for system administration and/or statistical purposes but without collecting any other individual information. A ‘cookie’ may be placed on your device in order to allow you to use the Website.
A ‘cookie’ is a small piece of data which may be downloaded and stored by your device whenever you access the Website or related online facilities. Cookies allow Tosia(WMC RESOURCES SDN BHD) to recognize your device while you are visiting our Website or related online facilities as a previous user but this does not enable us to collect any personally identifiable information from your device.
Web browsers are usually set by default to accept cookies but you may easily change this by modifying the settings of your browser and/or your own device whenever viewing content over the internet. However, please note that should you choose to disable cookies, you may be unable to use parts of our Website and this may affect your enjoyment and use of our Website or online facilities.
7. THIRD PARTY COOKIES
- a) Social network icons. On our website we may use social networking icons and sometimes embed video content from websites such as YouTube. As a result, when you visit a page with content embedded from for example YouTube or click on a social network icon, it will take you to a link to that social site which will present you with cookies from that site. We do not control the dissemination of these cookies and you need to check with the applicable third party website for more information.
- b) Flash Cookies. Tosia(WMC RESOURCES SDN BHD) uses Flash files to deliver part of its content, such as Video Player, throughout the site. To improve user experience, local shared objects – or Flash Cookies as they are commonly known – are employed to provide features such as auto-resume and for saving your preferences. Flash Cookies are stored in your terminal much in the same way as cookies are, however it is not possible to manage them at browser level in the same way.
How to disable Flash Cookies: The Adobe website provides comprehensive information on how to delete or disable Flash cookies, see www.adobe.com/products/flashplayer/security for details. Restricting the use of Flash Cookies may affect your enjoyment of this site.
8. NO WARRANTY
The Website and the Content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. Tosia(WMC RESOURCES SDN BHD) further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected.
Tosia(WMC RESOURCES SDN BHD) does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and Tosia (WMC RESOURCES SDN BHD) is not liable for any damage you may suffer as a result of such destructive features.
Tosia(WMC RESOURCES SDN BHD) shall not be held responsible for Content provided by third parties. Tosia(WMC RESOURCES SDN BHD) is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
9. LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.
In no event will Tosia(WMC RESOURCES SDN BHD), to the fullest extent permitted by applicable law, be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Tosia(WMC RESOURCES SDN BHD) has been advised of the possibility thereof, arising from your use of the website.
10. CHANGES TO THE WEBSITE
You accept that Tosia(WMC RESOURCES SDN BHD) has the right to change the content or technical specifications of any aspect of the Website at any time at Tosia (WMC RESOURCES SDN BHD )’s sole discretion. You further accept that such changes may result in your being unable to access the website.
You agree to indemnify, defend, and hold harmless each of Tosia (WMC RESOURCES SDN BHD ) , its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Tosia (WMC RESOURCES SDN BHD ) , its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Tosia (WMC RESOURCES SDN BHD ) , its employees, representatives, suppliers, or agents is based on or arises in connection with:
(i) your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you
- (a) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
(b) is libellous or defamatory, or otherwise results in injury or damage to any third party;
(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
(v) any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer. You agree to pay Tosia (WMC RESOURCES SDN BHD ), its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
13. TRANSMISSION AND FEEDBACK OF INFORMATION
14. LOCAL LAWS AND REGULATIONS
Tosia (WMC RESOURCES SDN BHD ) does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
15. SEVERANCE AND WAIVER
If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term.
16. GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of Malaysia and the parties submit to the exclusive jurisdiction of the Malaysian courts.