PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
General Terms and Conditions of Use
These General Terms and Conditions of Use (together with the Privacy Policy) (“Terms”) are the terms on which you may make use the website located at the URL [**] (“Website”). Use of the Website includes accessing, browsing, or registering to use the Website. Please read these Terms carefully before you start to use the Website. We recommend that you print a copy of this for future reference. By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Website. If you do not agree with any amendments made by us to these Terms at any time in future, you must stop using the Website with immediate effect.
Object
This Website is a technology based platform whereby users can send request us to provide various colour schemes or options for their painting site for free. This facility is provided on a pro-bono basis in the interest of the User and it is strongly advised to User to exercise discretion (and not solely reply on this facility) and form their own independent views on the colour schemes before taking the final decision. The Website is operated by AKZO NOBEL PAINTS (SINGAPORE) PTE LTD (the “AkzoNobel”) incorporated with registered office at 3 Changi Business Park Vista #05-01 AkzoNobel House. SINGAPORE 486051. Co registration no: 199506268M Potential Customers, Consumers, Dealers and the Painters are jointly referred to as “Users”. Any reference to “you” or “your” or refers to the User or a visitor to the Website (as the case may be); and any reference to “we”, “our” and “us” shall refer to AkzoNobel.
Changes to these terms and platform
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. We may, without prior notice, change the nature of the Platform; add or remove functionalities or features; or stop providing the Platform or features of the Platform, to you or to users generally.
Changes to the Website
We may update the Website from time to time and may change the Content at any time. In these Terms, the term (“Content”) means any design, layout, text, images, graphics, sound, video etc. or other information, material or files including, without limitation, names or likenesses (all whether concerning you or a third party) or other materials uploaded by the Users (as a contributor), third party service providers or by us. However, please note that any of the Content on the Website may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Website, or any Content on it, will be free from errors or omissions.
Accessing the Website
We do not guarantee that your use of the Website, or any Content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
User(s) Agreement
INTELLECTUAL PROPERTY RIGHTS Other than where expressly stated we or our group companies own all intellectual property rights in the Site and in the material published on it (including but not limited to text, images, audio, video, html-code and buttons) (the “Content”). These rights include but are not limited to all copyrights, database rights, trade names and trademarks. You may only view, print out and use the Site and the Preview outputs for your own personal, non-commercial use. We and our group companies expressly reserve all intellectual property rights in and to the Site and the Content and your use of the Site and the Content is subject to the following restrictions. You must not: remove any copyright or other proprietary notices contained in the Content; use any Content from the Site in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; or reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, communicate to the public or circulate to any third party or exploit this Site and/or the Content in any way including for any commercial purpose, without our prior written consent. We expressly reserve all rights in and to the www.duluxpreviewservice.com domain name and all related domains and sub-domains, the name "AkzoNobel”, our logo and our service marks, trading names and/or trade marks. Other trade marks, products and company names mentioned on our Site may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors. COLOUR ACCURACY We have made every effort to make the colours on screen as accurate as possible. Unfortunately, we cannot guarantee an exact colour match of the on screen colour to the colours of the actual products and the colour appearing on screen should not be relied on as being such. Colours on screen may vary depending on your screen settings and resolution. If you are unsure of a colour, please refer to Dulux Colour Card at the dealer outlet for more accurate colours. ACCURACY OF INFORMATION AND CONTENT The Content and information provided on our Site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and us. We have made reasonable efforts to ensure that all information and Content provided on this Site is accurate at the time of inclusion, however there may be inadvertent and occasional errors. The Site and the information and the Content on the Site are provided “as is”. We do not guarantee, and make no representation or warranties of any kind whether express or implied about the information, and Content provided through our Site, including any items used either directly or indirectly from our Site, and we reserve the right to make changes and corrections at any time, without notice. Commentary and information posted on the Site is not intended to amount to advice on which reliance should be placed. We accept no liability for any inaccuracies or omissions in the Site and any decisions based on information and opinions contained in the Site are the sole responsibility of the user. UPLOADING OR POSTING MATERIAL TO OUR SITE Whenever you make use of a feature that allows you to upload content to our Site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty. You grant to us a non-exclusive, perpetual, irrevocable, transferable, royalty-free license (including full rights to sub-license) to use any content that you upload to or post to our Site (“Your Content”) (including, without limit, the right to adapt, alter, amend or change Your Content) in any media throughout the world without restriction, and you warrant that any material you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner and that you have all relevant rights in Your Content to enable you to grant the rights in this clause. You hereby unconditionally and irrevocably waive and agree not to assert any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with our exploitation of the rights in Your Content granted hereunder, to the maximum extent permissible by law. Publication of Your Content will be at our sole discretion and we are entitled to make additions or deletions to any such material prior to publication, after publication or to refuse publication. If Your Content contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, prior to submission of Your Content, all releases, consents and/or licenses necessary to permit use and exploitation of Your Content by us in accordance with these Terms of Use without additional payment. Although we have no obligation to moderate content on our Site, we reserve the right to monitor any information transmitted or received through our Site. We reserve the right to reject, block, suspend or remove Your Content at any time and in our sole discretion. We in no way guarantee that Your Content or any part of it will be displayed on our Site. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. We have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site. We have the right to remove any content or posting you make on our Site at our sole discretion. We do not accept unauthorised idea submissions outside of established business relationships. Please do not communicate unauthorised idea submissions to us through this Site. Any ideas disclosed to us outside a pre-existing and documented confidential business relationship are not confidential and we shall therefore be entitled to develop, use, copy and/or commercially exploit these or similar ideas to the fullest extent and without compensating you or accounting to you. By submitting an idea or other detailed submission to us through this Site, you agree to be bound by the terms of this stated policy.
1. Registration
The Website is available only to registered Users. Registration will be available to Customer who have the legal capacity to enter into a contract User(s) can become a registered User(s) by filling an on-line registration form on the web site by providing some basic information (name, contact information, residential or business address etc.). AkzoNobel will establish an account ("Account") for each User upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. AkzoNobel will also assign Users upon registration a web-based email/message account with limited storage space to send or receive email/messages. All communications between Painters and Consumers may be initiated only by Consumers. Consumers will not be allowed to send messages to other Users. Users will be responsible for the content of all the messages communicated through their Account, as well as the consequences of any such message. You can review the personal information you provided us and make any desired changes to the information, or to the settings for your account on this Platform, at any time by logging in to your account and editing the information on your profile page. You the Consumer represents and warrants that if you are an individual, (i) you are over eighteen years of age or are over such age limit as legally allowed in the relevant country to enter into contracts, or (ii) that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register at the Platform, in accordance with the laws of Singapore. Any person under the age of eighteen (18) years accessing the Website should do so only under parental guidance. If we change the eligibility criteria to be registered with the Website and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability to us. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Platform is revoked where these Terms or use of the Platform is prohibited and, in such circumstances, you agree not to use or access the Website or Platform in any way. If you the Consumer register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to AkzoNobel during the registration process is true, accurate, current and complete. By becoming a registered User, you consent to the inclusion of your personal data in our online database and authorize AkzoNobel to share such information with its partners and affiliates in compliance with our Privacy Policy. You agree that AkzoNobel may suspend or terminate your Account at any time without any prior notification or without giving any reason
2. Final provisions
The Users shall ensure they any Content published or uploaded on the Website must not:
- be misleading in any way;
- contain video, photographs, or images of another person (without voluntary permission/consent of that person);
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- be grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- infringe any intellectual property right of any other person;
- be likely to harm minors in any way
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- prevent investigation of any offence;
- be insulting to any other nation;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, humiliate, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from AkzoNobel, if this is not the case;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- refer to any website, app or URL that in our sole discretion, contains material that is inappropriate for the Website; or any other website that contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
- interfere with another User's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
- solicit any activity which we, in our sole discretion, believe is or could be construed as being illegal;
- involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- break or circumvent our security measures or otherwise test the vulnerability of our systems or networks;
- try to reverse engineer any of Company’s software;
- collect or store personally identifiable information of any Users or visitors without their permission;
- threatens the unity, integrity, defence, security or sovereignty of Singapore;
- sell your username or otherwise transfer it for compensation; and
- encourage or help anyone do any of the things on this list.