Terms & conditions
Last Updated: January 07, 2025
Terms and conditions of Wall Banner a division of Registered as Kingdom Possesions Investments (pty) Ltd Reg No.2012/142991/07.
Wall Banner and its affiliated brands, including wallbanner.co.za, ( “Kingdom Possesions Investments (pty) Ltd”, “Wall Banner”, “we” or “us”) provide this and other websites (including applications and other online services that are accessible through various desktop, tablet, and mobile web browsers from time to time) (collectively, “Sites”) subject to your compliance with these Terms and conditions.
PLEASE READ THESE Terms and Conditions CAREFULLY BEFORE USING THE SITES.
These Terms and conditions constitute an agreement between Wall Banner and you. We recommend printing out a copy of these Terms and conditions for your records.
By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms and Conditions. If you do not agree to these Terms and conditions or if you are not legally competent to agree to them, then you may not use the Sites.
Please note that these Terms and conditions contain provisions that govern the resolution of claims between Wall Banner and you. Please see the Legal Disputes section for complete details.
Privacy & Security
Please review our Privacy Policy, which is incorporated into these Terms and Conditions and governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms and conditions, the Terms and conditions govern.
Information security is important to Wall Banner. We have established appropriate physical, electronic, and managerial safeguards to protect the information we collect from or about our users. Wall Banner does, however, reserve the right at all times to disclose any information as Wall Banner deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.
Please click here for more information.
Changes
Wall Banner reserves the right, at any time, to change these Terms and Conditions, our Privacy Policy, and/or the Sites. Changes, however, shall not apply retroactively. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms and Conditions and/or Privacy Policy as revised. The revised Terms and conditions and/or Privacy Policy supersede all previous versions, notices, or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms and conditions.
We will notify you of any change to these Terms and Conditions by updating the “Last Updated” date at the top of these Terms and Conditions.
Intellectual Property Rights
The Sites contain valuable trademarks and service marks owned and used by Wall Banner, including but not limited to, Wall Banner, and the Wall Banner design logo (collectively, the “Wall Banner Marks”). Any use of the Wall Banner Marks without the prior written permission of Wall Banner is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Wall Banner Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of Wall Banner.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF, OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
User-Generated Content
From time to time, the Sites permit the submission of content, such as comments, blogs, and product reviews, generated by you and other users (“User Content”).
You are solely responsible for your User Content and the consequences of posting or publishing it. Any User Content or other material, information, or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to Wall Banner that: (i) your User Content does not violate any copyright, trademark, trade secret, patent, or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Wall Banner to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Wall Banner’s Acceptable Use Policy set forth below.
Wall Banner has the right to refuse, remove, edit, or delete any User Content and/or to terminate any user’s access to the Sites for any reason. Wall Banner takes no responsibility for User Content.
Social Media Usage and other sites
Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the Wall Banner brand and all its brands may have their Services suspended or terminated, depending on the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.
BY USING #Wall Banner, @Wall Banner, AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE Wall Banner WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.
Order Acceptance
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Wall Banner reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required before the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Wall Banner reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the Wall Banner Rewards Program described below. Wall Banner reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Wall Banner’s sole discretion. Items purchased under a quantity discount may be re-priced upon cancellation.
About Our Prices
Where a product listing on our Site references a higher price, typically denoted by a strikethrough (e.g. “R549”), such a higher price represents the retail price. In the absence of a price suggested by the manufacturer or supplier, this price represents the highest price at which we offered or sold the product at some point in the past. For “Flash Deals”, where a product is temporarily being sold at a reduced price, an additional strikethrough price is presented that represents a recent previous price before the Flash Deal promotion.
When we use the term “Closeout,” we mean either that the product has been permanently reduced and will not return to the original price or that the product is temporarily being sold at a reduced price to clear stock. Prices of products listed on our Site as “Closeout” may fluctuate during the “Closeout” promotion period for such products. For temporary “Closeout” pricing, such products may return to prices that are equal to or greater than their original prices upon expiration of the applicable “Closeout” promotion period.
We do not price match. Promotional codes can only be applied during purchase. Customer Service will be unable to honor any promotional code adjustments post-order.
Wall Banner Rewards Program
The Wall Banner Rewards Program (the “Rewards Program”) is exclusively for users of the Sites who have registered for the Rewards Program by the directions set forth below and on the Sites. Rewards may be applied to future purchases at the Participating Sites by these Terms and Conditions.
Links to Other Websites
The Sites may contain links to third-party websites (“Other Sites”) that are not under Wall Banner’s control. Wall Banner makes no claim and accepts no responsibility regarding the quality, nature, or reliability of the Other Sites that are accessible by hyperlinks from the Sites or links to the Sites. Wall Banner provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Wall Banner of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and Terms and conditions posted at any third-party sites.
Mobile Devices, SMS, and Mobile Applications
If you use a mobile device to access pages of the Sites optimized for mobile viewing, opt-in to receive SMS (text messages) from Wall Banner (as/when available), or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms and Conditions.
By opting in, you agree to receive promotional SMS text messages on your mobile device, message frequency varies. Our SMS text messaging programs may include promotional messages, shopping cart reminders, order updates, and authentication texts. Your consent is not required as a condition of purchasing any goods or services from Wall Banner.
Communications with Wall Banner
For all communications made to or with Wall Banner, including but not limited to feedback, questions, comments, suggestions, and the like: (i) you will have no right to confidentiality in your communications and Wall Banner will have no obligation to protect your communications from disclosure; (ii) Wall Banner will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Wall Banner will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information.
Indemnity
You agree to indemnify and hold Wall Banner and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms and conditions or (iii) your violation of any rights of another user.
Disclaimer of Warranties
Wall Banner intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Wall Banner EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT WILL Wall Banner OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Wall Banner HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise, and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Wall Banner is found to be liable, our liability to you or any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount that you paid to us in the twelve (12) months before the action giving rise to the liability or (b) R1000.
Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE Terms and conditions OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
Agreement to Binding Arbitration
Any dispute, claim or controversy between you and Wall Banner, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘Wall Banner’) arising from or relating in any way to (1) these Terms and conditions and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms and conditions; (2) your use of any website owned or operated by Wall Banner and its affiliated brands; or (3) any products or services sold or distributed by Wall Banner and its affiliated brands or through any website owned or operated by Wall Banner and its affiliated brands (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court.
The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and conditions as a court would.
Sole Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Wall Banner can bring an individual claim in small claims court inconsistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim, and (2) you agree that you or Wall Banner may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
Other
To the extent that any other provision of the Terms and conditions is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.
Termination
Your ability to access and use the Sites remains in effect until terminated by these Terms and Conditions. You agree that Wall Banner, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if Wall Banner believes that you have violated or acted inconsistently with these Terms and Conditions or for any other reason. Wall Banner also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that Wall Banner may bar any further access to the Sites. Further, you agree that Wall Banner will not be liable to you or any third party for any termination of access to the Sites.
Right to Access
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under the age of 13, you may not access or use the Sites. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.
Outages
Wall Banner periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Wall Banner has no responsibility and is not liable for (a) the unavailability of any of the Sites; (b) any loss of data, information, or materials caused by such system outages; (c) the resultant delay, misdelivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
Jurisdictional Issues
The Sites are operated by Wall Banner from its offices in Johannesburg, South Africa. The Sites are intended for users who reside in South Africa. Wall Banner makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate, or available for use outside of South Africa. If you access and use the Sites outside South Africa, you do so at your own risk and are responsible for compliance with applicable local laws. Wall Banner reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
General Information
No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. If any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms and Conditions set forth the entire Agreement between you and Wall Banner concerning the use of the Sites and supersede any prior agreements between you and Wall Banner relating to such subject matter. The Terms are not assignable, transferable, or sublicensable by you except with Wall Banner’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms and conditions. Any heading, caption, or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Wall Banner’s performance of these Terms and conditions is subject to existing laws and legal processes, and nothing contained in these Terms and conditions is in derogation of Wall Banner’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Wall Banner concerning such use. A printed version of these Terms and conditions and any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms and conditions must be written in the English language.
Have any questions?
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Business Information
Website name: Wall Banner
Company name: Kingdom Possesions (pty) ltd
Address: 219 Smit St, Johannesburg, Gauteng, 2017
E-Mail: [email protected]
Phone: 087 821 7000
Company number: 2012/142991/07
TAX Number: 9598541184
Customer service: Monday – Saturday 08:00AM – 17:00PM