WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY.
THIS WEBSITE IS OWNED AND OPERATED BY DCL Corporation (“DCL™”). WHEN YOU USE THIS WEBSITE OR ANY OF OUR SOCIAL MEDIA PAGES (COLLECTIVELY, THE “SITE”), YOU AGREE TO ABIDE BY THESE TERMS.
IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE.
We may amend these Terms from time to time. In the event we make a change to these Terms, we will notify you by posting the revised Terms to the Site. Any amendment to these Terms will be effective immediately upon the posting of the revised Terms to the Site. If you do not agree with the changes made to these Terms, you should no longer use the Site. Continued use of the Site after such changes to the Terms will constitute your acceptance of such changes. Please return to the Site from time to time to review the current Terms.
Please note that your use of the Site or certain content and features of the Site may be subject to additional terms described therein (“Additional Terms”), including, but not limited to, with respect to online promotions and e-commerce activities. Unless provided otherwise, in the event that any of these Terms conflict with the Additional Terms, then these Terms shall control. By using the Site or such content and features, you also agree to be bound by those Additional Terms.
•RESTRICTIONS ON YOUR USE OF SITE MATERIALS
•DURATION AND TERMINATION OF TERMS AND CONDITIONS OF USE
•GENERAL TERMS APPLICABLE TO E-COMMERCE
RESTRICTIONS ON YOUR USE OF SITE MATERIALS
The materials included in the Site (including, but not limited to, images, software, audio, text, video clips and other media) (the “Materials”) are the property of DCL™ and are protected by intellectual property laws such as patent, trade-mark or copyright laws. Except for your own personal and noncommercial use, you are prohibited from modifying, reproducing, transmitting, distributing, displaying, creating derivative works from, transferring, or selling any of these Materials without the prior written consent of DCL™. Any unauthorized attempt to modify any Materials included on the Site or to defeat or circumvent our security features, or to utilize the Site or any part of the Materials included on the Site for any purpose other than its intended purposes is strictly prohibited.
DCL™’s trade-marks, including but not limited to “DCL Corporation™”, DCL™, and the DCL™ logo, (collectively, the “Trade-marks”) displayed on the Site are trade-marks of DCL™. All other trade-marks, trade names, product names, service marks and all other non- DCL™ marks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade-mark displayed on the Site without the written permission of DCL™. The absence of a product or service name or logo anywhere in the text of the Site does not constitute a waiver of any trade-mark or other intellectual property rights concerning that name or logo.
The use of any of the Materials is at your own risk. DCL™ reserves the right to change any and all content, software, applications, and other items used or contained in the Site at any time without notice.
Use of the Site is limited to: (a) residents of Canada who are least 18 years of age or the age of majority in their jurisdiction of residence, whichever is older, and (b) individuals outside of the Canada with the power to enter into a binding contract with us and not be barred from doing so under any applicable laws in their country of residence.
When you use the Site, you consent to receive communications from us electronically. We will communicate with you, at our discretion and with your consent, by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you register, all information you submit must be truthful, accurate, current, and complete. If the information that you provide to DCL™ changes, you agree to promptly provide us with updated information. DCL™ may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
Your email address and the password you create will be your login information, and should be kept confidential. You are fully responsible for all use of your account and for any actions that take place using your account, including, without limitation, as a result of any loss, theft, or unauthorized use of such login information. In the event of such loss, theft, or unauthorized use, we may impose on you, at our sole discretion, additional security obligations.
Any contests and/or promotional offers accessible on the Site are governed by specific rules and/or terms and conditions. By entering a contest or participating in such promotional offers available on the Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the contests or promotional offer will govern, but only to the extent of the conflict.
DCL™ WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; OR LINE FAILURE.
WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (“CONSEQUENTIAL DAMAGES”); OR OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (“INCIDENTAL DAMAGES”).
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.
IN CERTAIN JURISDICTIONS THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE WEBSITE.
ANTI-BRIBERY AND CORRUPTION STATEMENT
DCL™ values integrity and transparency, and requires that its business is conducted in compliance with the highest ethical standards and all applicable anti-bribery and corruption laws, including the UK Bribery Act, the US Foreign Corrupt Practices Act, the Canada Corruption of Foreign Public Officials Act, and the laws of the various countries in which DCL™ operates. DCL™ has zero tolerance for corrupt activities of any kind, whether committed by DCL™ employees or by third parties acting for and on behalf of DCL™.
Unauthorized payments, or acts that create the appearance of promising, offering, giving or authorizing bribes or corrupt payments are prohibited, and will not be tolerated. This prohibition applies to any payments made to or at the request of any third party, but especially government officials, which are of particular concern due to the existence of specific anti-corruption laws in the countries in which we operate. The prohibition against bribery and corrupt practices applies to all DCL™ employees (including temporary and contingent workers) worldwide, all third parties acting for and on behalf of DCL™ (including contractors), payments to both existing and prospective business arrangements; and business dealings in the public and private sector.
THE MATERIALS IN OUR SITE ARE PROVIDED “AS IS.” THIS MEANS THAT DCL™ DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITE.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES THAT THE MATERIAL IS MERCHANTABLE AND IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE; THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY DIRECTIONS, INSTRUCTIONS OR RECIPES CONTAINED IN THE MATERIALS.
IN ADDITION TO THE ABOVE, YOU (AND NOT DCL™) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
We sometimes provide access to third party websites from our Site. DCL™ does not endorse or approve any products, services or information offered at such third-party websites, and makes no representations regarding the quality, safety or suitability of any products, services or information provided by third parties. Links to third party sites are provided for your convenience only, and DCL™ is not responsible for the content of any site linked to or from the Site. DCL™ disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.
You agree to indemnify and hold DCL™ and each of its officers, directors, employees, representatives and agents harmless from any claim, demand, loss, expense, liability or damages (including reasonable legal fees and costs) arising out of: (i) your use of the Site; (ii) your participation in any service or program offered on or through the Site; (iii) your breach or alleged breach of these Terms, or (iv) your alleged violation of the rights of any third party (including, without limitation, claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trade-mark, patent, or any other intellectual property right).
We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
DURATION AND TERMINATION OF TERMS AND CONDITIONS OF USE
These Terms apply to you the moment that you first use the Site. DCL™ may terminate these Terms, or any portion of them, at any time and without notice to you, for any reason. However, the portions dealing with RESTRICTIONS ON YOUR USE OF SITE MATERIALS, LIMITATION OF LIABILITY, INDEMNIFICATION, DISCLAIMER, and JURISDICTION will survive termination.
In addition, DCL™ is entitled to suspend, restrict, or terminate all or part of the Site, or your access or use of it, at any time, without notice to you.
These Terms, and the agreement they create, shall be governed in all respects by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to choice of law provisions. Likewise, your use of the Site shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
DCL™’s failure to exercise, enforce or insist upon strict performance of any right or provision of these Terms shall not be construed as a waiver of any such right or provision. If any provision of these Terms is unlawful, void or unenforceable under applicable law, it will not affect the lawfulness, validity and enforceability of any remaining provisions. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. DCL™ may assign its rights and duties under these Terms to any party at any time without notice to you.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site must be filed within one (1) year after such claim or cause of action arises or be forever barred and waived.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the Site, any advertising or other materials issued in connection therewith, or any content or other material used or displayed on the Site. You understand and agree that no fiduciary relationship is established between you and us by your use of the Site. Your use of the Site shall not be deemed to create the relationship of employer and employee, or principal and agent, joint venture or partner between you and us.
GENERAL TERMS APPLICABLE TO E-COMMERCE
Reference to any product on the Site does not constitute an offer to sell or supply that product and does not mean that the product is available. The information in this Site is based on extensive testing and application experience and is believed to be a reliable indication of the results that may be expected. However, this information does not constitute a specification for the products, and is offered only as a guide to performance without guarantee or warranty of any kind. Because of the difficulties of modern color reproduction, the shades may vary slightly from the final color application. Since many variables have a strong influence on pigment performance, users are encouraged to test each product in their own laboratory prior to use.
Where applicable, our policies relating to shipping and return/replacement of products are posted on the Site for your review. Review those policies prior to purchasing products from the Site.
Prices and availability of products listed on the Site are subject to change without notice.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product at the incorrect price, even if the order has been confirmed and/or your payment method or account has been charged. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your payment method or account has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your payment method or account in the amount of the incorrect price.
There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We reserve the right, at our sole discretion, to limit the quantity of items purchased. These restrictions may be applicable to orders placed by or using the same online account, the same payment method, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your payment method or account has been charged, we will issue a credit to your payment method or account in the amount of the charge.
This is the entire agreement regarding the matters discussed in the preceding paragraphs.
If you have questions regarding these Terms, please contact us at firstname.lastname@example.org.