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1. Copyright
All website design, images, audio clips, information, materials, contents, products and services (collectively, the "Website Content"), the selection and arrangement thereof as well as all software contained on the ICI.COM.HK Website (the "Website") are, to the extent possible or applicable, copyrighted and/or otherwise proprietary to ICI SWIRE PAINTS LIMITED (the "Company"). You are authorised to download or print out a hard copy of individual pages and/or sections of the Website Content, provided that you do not remove any copyright or other proprietary notices. This authorisation is limited to use of the Website Content for personal and non-commercial purposes only. Reproducing (in whole or in part), transmitting (by electronic means or otherwise), modifying, linking into or using for any public or commercial purpose any of the Website Content without prior written permission of the Company is strictly prohibited.
All information and materials presented by the Company on the Website are intended to be used for information purposes only.
2. Trademarks
Unless otherwise indicated, all marks, including but not limited to the designations ICI, ICI PAINTS, DULUX, DEVOE, CUPRINOL, MOUSEPAINTER, MASTER PALETTE and DUSPEC, all other marks proprietary to the Company and all ICI logos, displayed on the Website (collectively, the "Marks") are subject to the trademark rights of the Company and may not be used without the prior written permission of the Company. None of the Marks shall be used in connection with any product or service which is not offered by the Company in any manner that is likely to cause confusion among customers or in any manner that discredits or disparages the Company or any of the Marks.
No mention is made of rights with respect to other trademarks, service marks or trade-names, whether registered or not, which may attach to certain words or signs used herein. The absence of such mention, however, in no way implies that there is no protection of these marks, trade-names, words or signs.
3. Liability: no Warranties or Representations
The Company is providing the Website, the Website Content and operations of the Website on an "as is" basis without any warranty or representation of any kind, either express or implied.
To the fullest extent permitted by law, the Company disclaims all representations and warranties, including, without limitation, warranties of title, non-infringement, merchability and fitness for a particular purpose, in relation to the Website and the Website Content. In addition, the Company does not represent or warrant that the information accessible on or via the Website is accurate, reliable, complete or current.
In no event will the Company or its affiliates be liable in any manner whatsoever for direct, indirect, special, incidental, consequential or punitive damages (including, without limitation, damages for loss of data, loss of income or profits, business interruption or other pecuniary loss) and/or claims of third parties resulting from the use of, access to, or inability to use the information, the products and/or the services contained or offered on the Website or any damages arising out of or in connection with the use of (or failure to use) the Website, even if the Company has been advised of the possibility that such damages may arise.
Upon the Company's request, you agree to defend, indemnify and hold harmless the Company from any claim and expenses related to your use of the Website or any information, products and/or services contained or offered on the Website, or accessible via the Website.
4. Product information
All products displayed on the Website may be available at all official retailers of the Company.
While the Company has tried to accurately display shapes and colours of the products, the actual shapes and colours you see may depend on your computer equipment and could be different from the actual products. You make no reliance whatsoever on the Company regarding the accuracy or reliability of any of the information that may be provided in the Website concerning the products.
The products available at or through the Company and any of its official retailers are provided on an "as available" basis and without warranties or conditions of any kind either express or implied. The Company does not control in any respect any information, products or services offered by third parties.
5. Security and privacy
It is the Company's policy to respect the privacy of users of the Website. Any personal data and information supplied by you will be retained by the Company and will be accessible to the Company's employees (including any employees of any holding, subsidiary or associated companies) and other persons or bodies corporate engaged by the Company or any other parties for or in relation to any of the purposes for which your personal data and information are supplied or collected and for marketing purposes and you authorise the Company to disclose all or any part of the personal data and information provided by you to such third parties. You agree that the Company may release your personal data and information when such release is reasonably necessary to (i) comply with any applicable law and regulation, (ii) protect any right, property or interest of the Company or (iii) in compliance with the Company's privacy policy statement from time to time. You further acknowledge that third parties to whom personal data and information supplied by you may be transferred in accordance with the aforesaid may be situated outside Hong Kong. You are aware of your rights under the Personal Data (Privacy) Ordinance to have access to your personal data and information held by the Company and to request correction of your personal data and information. You agree to pay the Company the reasonable charges requested by the Company in relation to the time and attendances involved in complying with your request in this regard. Given the nature of the Internet, the Company cannot guarantee that the transmission of data is entirely secure. However, the Company will take all practicable steps to ensure that any personal data and information collected by the Company via the Website is safe and secure from third party interference. Once the Company has received such personal data and information, it will keep them according to its usual strict security and confidentiality standards.
6. Links
The Website may contain third-party information and links to other Internet sites. The Company takes no responsibility whatsoever for such third-party information, products and/or services offered. Moreover, the Company has no knowledge of the information contained, and products and/or services offered, on other Internet sites and takes no responsibility whatsoever for such information, products and/or services and for the privacy practices and security of third parties' websites.
7. Alterations
The Company reserves the right to alter the contents of the Website in any way, at any time and without prior notification. The Company shall not be liable in any way for any consequences of such changes.
8. Governing Law and Jurisdiction
By accessing the Website or by otherwise accessing any content found on the Website, you are deemed to have agreed to be bound by the terms and statements (the "Terms") set out in the above. The Terms shall be governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and you agree to submit to the exclusive jurisdiction of Hong Kong courts.
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