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Terms & Conditions

Thank you for using this web site (the “Web Site”) which is controlled and operated by International Paint Limited ("International Paint") with its registered office at 26th Floor, Portland House, Bressenden Place, London, SW1E 5BG, United Kingdom. The following terms and conditions apply to your use of this Web Site. By entering and using this Web Site, you acknowledge that you have read, understood and agreed to comply with these terms (the “Agreement”). If you do not accept any of these terms, please do not use the Web Site.

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General

International Paint may at any time make modifications, improvements and/or changes to this Agreement, the information, names, images, pictures, logos and icons displayed on this Web Site or the products and services referred to in this Web Site without notice. We may also, without notice, change the terms which govern your use of the Web Site and we will post any such changes on this page. Your use of the Web Site following such change constitutes your agreement to follow and be bound by the terms as changed. From time to time additional terms and conditions may apply to the purchase of particular products and other uses of this Web Site, and you agree to such terms and conditions.


Web Site Content: Disclaimer & Limitation of Liability

This Web Site and the information, names, images, pictures, logos and icons regarding or relating to International Paint and its subsidiaries, affiliates, products and services, and individual customer information, is provided "as is" and on an "as available" basis without any representation or warranty of any kind. To the maximum extent permitted by law, International Paint expressly excludes all warranties, obligations, representations, liabilities, terms or conditions (whether they are express or implied, or arise in contract, by statute or otherwise and irrespective of the negligence of International Paint, its employees or agents) in connection with the information, materials or graphics on this Web Site (including, without limitation, any implied warranty of satisfactory quality, fitness for a particular purpose or non-infringement of intellectual property rights).

International Paint does not warrant that the functions contained in this Web Site or its content will be uninterrupted or error-free, that defects will be corrected, or that this Web Site or its server are free of viruses or other harmful components. However, it shall use its reasonable endeavours to ensure that this Web Site and its server are free of viruses or other harmful components.

Although the information on this Web Site has been compiled in good faith to provide information about International Paint and its products and services and may include other information relating to third parties, International Paint, its parents, subsidiaries, affiliates and employees shall in no event be liable for any damages of any kind whatsoever, including, without limitation, direct, incidental, special, indirect or consequential losses or any losses whatsoever resulting from loss of use, data or profits, whether in an action for breach of contract, negligence or other tortious action, arising out of or in connection with the use of or access to this Web Site or resulting from or in connection with any materials, information, qualifications or recommendations on this Web Site.

Please note that the information, materials and graphics available on this Web Site may be incomplete, out of date or incorrect. It is therefore essential that you verify all such information directly with International Paint before taking any action in reliance upon it. The information, materials and graphics available on this Web Site may be subject to change without notice.


Links

This Web Site may contain links to or may contain references to other web sites which are not under the control of International Paint. International Paint shall have no responsibility whatsoever for the contents of any such linked web site or any link contained in such a linked site. Such links are only for convenience and do not imply endorsement by International Paint of the content or the provider of the linked site. In no event is International Paint liable for the contents or practices of third party sites linking to this Web Site.

Framing all or part of this Web Site is prohibited. You agree not to add to, alter, substitute or amend wholly or in part any information taken from this Web Site.


Financial Data

Any financial data, such as annual reports and financial statements, which may be contained in this Web Site is not the authentic version and may not be considered the authentic version and you should not rely on it. Only the official, printed version of such documents can be considered authentic.


Online Sales

Any display of products for sale on the Web Site constitutes an invitation to treat and not an offer to sell. Any customer order will constitute an offer to buy and shall be subject to our standard conditions of sale.


Privacy & Confidentiality

Any information you transmit through this Web Site is subject to International Paint's privacy policy and shall become or remain International Paint's property. You are prohibited from transmitting to or from this Web Site any unlawful, threatening, libellous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under the law.


Intellectual Property

Trademarks:

"International", the propeller symbol and other names or logos of International Paint and its affiliates (i.e. companies or unincorporated associations which control, are controlled by or are in common control with International Paint) and their products or services referenced on this Web Site are trademarks or registered trademarks of or licensed to International Paint and/or its affiliates.

The materials on this Web Site are directed solely at those resident and who access this Web Site from countries in which such trademarks are the trademarks or registered trademarks of International Paint and/or its affiliates. In other jurisdictions, the products on this Web Site may be advertised under different names or trademarks, in which event we suggest you contact us.

Other product and company names mentioned on this Web Site may be the trademarks of their respective owners.

Copyright:

The contents of this Web Site (including without limitation all images, illustrations, designs, icons, photographs, video clips, graphic materials and written and other materials that appear as part of this Web Site) are © International Paint Limited 2004. The modification, copying or incorporation into any other work of part or all of the material available on this Web Site in any form is prohibited save that you may print or download extracts of the material on this Web Site for your non-commercial, informational and personal use or copy the material on this Web Site for the purpose of sending it, without any commercial objective, to individual parties for their personal information provided that you acknowledge International Paint as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.

Any other use of intellectual property contained on this Web Site requires express written permission from International Paint. All rights are reserved.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any patent or trademark of International Paint or any third party.

Except as expressly provided above nothing contained herein shall be construed as conferring any licence or right to any copyright or other intellectual property rights in relation to any such information, data, products or services.

In relation to any materials that you are granted permission by us to download from the Web Site (the “Materials) we grant you permission to use the Materials for the promotion of sales of International Paint’s products. You shall use the Materials only in such a way as to promote International’s name and reputation. You shall not use the Materials for any purpose, and shall not hold yourself out as being associated with International in any way whatsoever. You shall not use the Materials so as to imply any recommendation by International Paint of any products or services. You shall ensure that the presentation of the Materials on any website or elsewhere is not construed as an offer to sell by us and shall ensure that the same is made clear to your customers. The Materials shall only be used in the form in which they are provided and shall not be altered or added to in any way.

We may at any time require you to stop using the Materials. If we do so you shall immediately stop using the Materials and remove the Materials from your website or other advertising material or from anywhere else where they are used. In the event that it is not reasonably practicable to remove the Materials we may require that you notify all recipients of any materials including the Materials that they were used without our consent or that our consent has been withdrawn.

Except where expressly agreed with International, you are requested not to download, copy or print information appearing on this Web Site and pass such Material on to a third party who has not agreed to abide by the terms and conditions of this Web Site. Should you pass any Material from this Web Site on to such a third party, you agree to indemnify International Paint and its affiliates fully against any losses it may suffer as a result of your actions or the actions of that third party.


Termination

This Agreement is effective unless and until terminated by either you or International Paint. You may terminate this Agreement at any time. International Paint may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Web Site if in International Paint's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or International Paint Ltd, you must promptly destroy all materials downloaded from this Web Site, as well as copies of such materials, whether made under the terms of this Agreement or otherwise.


Severance & 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.


Entire Agreement

Except as provided herein, this Agreement constitutes the entire agreement between us and supersede any prior understanding or agreements (written or oral).


Third Party Rights

Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right (under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any provision of this Agreement or any agreement entered into in connection with it.


Applicable Law & Jurisdiction

These terms and conditions shall be governed by, construed and enforced in accordance with English law. You consent to the exclusive jurisdiction of the English Courts (provided that if you are a consumer we agree that if any dispute arises out of or in connection with this Agreement then the courts of your country or state of domicile shall have jurisdiction over such dispute).


Privacy Policy

Introduction

We, International Paint Limited, are committed to safeguarding your privacy. We believe that the best way to protect the privacy of users of this web site (the “Web Site”) is to tell you what information we gather and ensure that you understand and consent to our uses of such information.

We may occasionally modify the privacy policy and will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any changes to this policy will be posted on this page.

Please note that the Web Site contains links to and from other web sites. These web sites are not covered by this Privacy Policy and we are not responsible for the information practices used in connection with them.

We have set out below answers to frequently asked questions regarding our privacy policy.

How do we use the information that we collect?

If you are using the web sites www.international-marine.com, www.international-pc.com or www.yachtpaint.com: when you visit the Web Site, we operate a four-stage log-in procedure according to which boxes are ticked on the registration page:

Whenever someone logs on to the Web Site a “cookie” (a small piece of information that is stored by your browser) is set on your computer's hard drive. We use two types of cookies depending on the registration option you choose. We also employ the use of a third type of cookie for statistical representation (please see "Constant Improvement of Services" section below.

  1. Session Cookies
    If you choose not to be remembered, i.e. if you submit your registration details and do not tick the "remember me" box at the bottom of the form, we will place a session cookie in the memory of your computer. This cookie allows you to visit the technical areas of the Web Site. Once you have finished your session on the Web Site and close your browser this cookie will be removed from your computer's memory. Next time you visit the Web Site and try to access technical information you will again see the registration page because we do not recognise your machine and you will be asked to log in using the email and password which you supplied to us in your initial registration.

    These "session cookies" allow you to access and edit the information which you have placed on our database and also aid your use of the Web Site, for example, by directing you to the relevant pages for your country.
  2. "Remember Me" Cookies
    If you tick “Remember me” we set a cookie which allows us to recognise you next time you log in. When you next try to access the Web Site we will find this cookie and you will be directed straight to the technical sections without the need to log in. If the cookie is not found then you will be asked to re-register.
  3. If you tick the box indicating that you wish to receive further updates, we will use your information for that purpose.
  4. Future marketing programmes, your details may be used in order to give you details of our products and services which may be of interest to you.
  5. We may also use your personal information to track activity on the Web Site. We do this in order to serve you better as we understand how you and other visitors use the Web Site.

If you are using an Extranet or E-commerce site:

Contact and other information entered in any Extranet or e-commerce site or given by you to our employees in connection with your use of the Web Site may be entered on the Web Site and used as contact information by other users with access to the relevant area of the Web Site.

Do we share the information we receive?

Your information may be shared with other companies in the Akzo Nobel group and with their employees, agents and distributors. We may use external companies to act as data processors for internal business purposes. We do not otherwise disclose information about your individual visits to the Web Site or personal information which identifies you to any third parties unless we have your prior consent.

Where will the data be stored? How secure is it?

Your information is stored on our in-house database. Information may be sent electronically to servers outside the country where you originally entered the information. In addition, that information may be used, stored and processed outside the country where you entered that information. Please note that there is a risk that countries to which information is transferred may not be subject to an information protection regime as rigorous as that of the UK.

Unfortunately, no data transmission can be guaranteed to be 100% secure. As a result we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

Constant Improvement of Services

We are committed as an organisation to constant improvement of the information that we provide on our Web Site. To facilitate this, we use a service to statistically represent user activity on our Web Site to determine which areas require attention or modification. To gather this information, a cookie is delivered to your machine in order to uniquely identify the machine. At no time is this cookie used to collect personal information such as your telephone number or personal email address. This cookie can be removed at any time and may be blocked by your Internet browser software if you are not entirely happy with its purpose.

Your Consent

By using the Web Site and submitting information, you consent to:

  1. the collection and use of your personal information by us as described above; and
  2. the transfer of your personal information to countries outside the European Union.

Accuracy of Your Personal Information

You can check the information which we hold on you either online or by emailing us at it.information@internationalpaint.com. We will send you the information (as held by us) within the appropriate legal time limit and will try to send it within 14 days.

Further Information

Questions regarding this Privacy Policy should be directed to it.information@internationalpaint.com.


Version: August 2006