Terms and Conditions

Agreement Between You and Berger Paints

Thank you for visiting Berger Paint’s Website (the “Website”). By accessing and using this Website, you indicate that you accept (unconditionally and irrevocably) these terms and conditions (the “Agreement”). If you do not agree to these terms and conditions, please refrain from using our Website.

The Website is owned and operated by Berger Paints (“the Company”), whose office is in Malaysia and operates in Singapore,Indonesia, Brunei, and Timor-Leste through appointed distributors. You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein. You also acknowledge and agree that, unless we specifically provide otherwise, this Agreement applies only to this Website and our online activities and does not apply to any of our offline activities.

Modification of Terms

We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on the Website, and will not have any retrospective effect on existing contractual arrangements made through this Website. Your continued use of this Website after any change means you have accepted the changed terms and conditions.

Disclaimer of Warranties and Limitation of Liability

General

Your access to and use of software and other materials on, or through, this Website is solely at your own risk. We make no warranty whatsoever about the reliability, stability or virus-free nature of such software.

We have taken reasonable steps to ensure the information provided by us on this Website is accurate at the time you view it. However, we cannot and have not checked the accuracy of all information provided by outside sources for example by the providers of other information, or of other parties linked to or from the Website. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed.

We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed or act upon any of its contents.

We aim to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed and we reserve the right to withdraw or amend the service we provide on the Website without notice. Also, your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable if for any reason our Website is unavailable at any time or period.

Disclosure of Personal Information

To the maximum extent permitted by applicable law, we disclaim all warranties relating to the information, software, products and services contained in this Website. All such information is provided ‘as is’ without warranty of any kind. We hereby disclaim all warranties and conditions with regard to this information, software, products and services contained in this Website including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Limitation of Liability

In no event will we be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:

Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law. Any rights not expressly granted herein are reserved by us.

Indemnity

As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

Links to Third-Parties’ Websites

This Website may contain links and pointers to Internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on such third-party sites. Third-party links and pointers are included solely for your convenience, and do not constitute any endorsement by us. You assume sole responsibility for use of third-party links and pointers.

Limitations on Use

You agree to use this Website solely to determine the availability of goods and services and make legitimate reservations or transact business with us. You agree to use the Website only for personal, non-commercial use. You agree to use the Website’s services to make only legitimate purchases. You agree to all of our terms and conditions of purchase, including, but not limited to, full and timely payment of all amounts due and compliance with all rules concerning availability of products, or services. All fees, assessments, charges, taxes and duties arising out of use of the Website are your sole responsibility. You agree to not abuse the Website. ‘Abuse’ includes, without limitation, using the Website to:

Defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law.
Harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
Download or upload files that are unlawful to distribute through the Website.
Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website.
Cause an excessively large load on the infrastructure of the Website.
Falsely use a password or personal identification number during logging into the Website, or misrepresent one’s identity or authority to act on behalf of another.
Violate this Agreement in any other manner.

User Generated Content

You understand and agree that we are not responsible or liable for any User Generated Content. All User Generated Content which you may decide to exchange, submit, provide or upload, will not be reviewed in advance by us – we reserve the right to take down any User Generated Content for any reason deemed fit by us, including but not limited to the User Generated Content being unlawful or in breach of these T&C and any other applicable T&C. You understand and agree that our discretion in relation to the same shall be final and binding upon you. We ask that you flag or inform us in accordance with our Notice-and-Takedown Procedure, if you become aware of (potentially) unlawful infringing, and/or offensive content exchanged, provided or uploaded by others. You agree to indemnify us from and hold us harmless against any and all claims from third-parties relating to the User Generated Content.