Terms of Use

Thank you for visiting www.bergerbd.com (the ‘Website’). Please be sure to read the terms and conditions contained in this document herein carefully before you start to use the Website since any use of this wWebsite constitutes your acceptance of the Terms and Conditions set out herein.

Acceptance of Terms of Use

Access to and use of this Website is subject to the following terms and conditions and all applicable laws. By accessing, using, visiting, or browsing this Website, you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, please refrain from using our Website and exit immediately. Acceptance of these Terms of Use constitutes a legal agreement between you and Berger.

This Terms of Use statement applies only to this Website. This site is owned and operated by Berger Paints Bangladesh Limited (“Berger”) and should not be confused with any other website whether or not the word Berger appears as part of the domain name or branding. You are advised to check each page you visit on or from this site to determine whether you have moved onto a third party site.

Limitations on Use

You must be 18 years of age or older to access our Website or use our services. You agree to use the Website only for personal, non-commercial use. By accessing our Website, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to this Website or to violate any of the procedures, policies or regulations of networks connected to the Website, the terms of which are incorporated herein.

You also agree not to impersonate any other person while using the Website, conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Website, or use the Website for any unlawful purpose. You further agree to only submit content to the Website that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain.

Except for information covered by our Privacy Policy, any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of Berger and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Berger is free to use, without compensation to you, any ideas, concepts, know-how, developments, suggestions or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing of products using such information.

Monitoring of Content of Website

Berger shall have the right, but not the obligation, to monitor the content of the Website to determine compliance with these Terms of Use and any other operating rules established by Berger, as well as to determine compliance with applicable laws, including but not limited to, trademark and copyright laws. Berger shall have the right in its sole discretion to edit, refuse to post, block access to, or remove any material submitted to or posted on the Website that Berger finds to be in violation of these Terms of Use or that Berger believes may violate laws or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.

Berger also reserves the right to terminate your access to the Website or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during our registration or login process; engage in any conduct that would otherwise harm any of Berger’s rights or interests in its Website, services, or other property; or for any or no reason whatsoever without prior notice to you.

Color Depictions

All color displayed on the Website are subject to variation based on the resolution of the computer. Berger cannot guarantee on an exact colour shade match and hence is not liable for any shade variations. We recommend that you refer to our colour shade cards and brochures to confirm your colour choices.

Links to third-party websites

As you view this Website, you will notice that some of the hyperlinks and pointers on the Website may lead to third-party websites. These websites are not operated or controlled in any respect by, or affiliated with, Berger. In addition, other website may link to our Website. Third party links and pointers are provided in good faith and are included solely for your interest or convenience. Berger is not responsible for the content, accuracy, function or privacy policies of these third-party websites and expressly disclaims any liability for all such third party information and the use of it.

Intellectual Property

The elements of the Website, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software are protected by copyright, trademark, service mark and trade design laws and are the property of Berger or its affiliates or are included with the permission of the relevant owner. The compilation of the content on the Website is the exclusive property of Berger.

Copyrights

The copyright in all materials provided on the Website is owned by Berger or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, uploaded, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Berger. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, non-commercial use only provided such materials are used for informational purposes only, and the source is acknowledged and you keep intact all copyright and other proprietary notices and laws. Berger reserves the right to revoke any of the foregoing rights at any time. All other use, such as but not limited to commercial or political use, is strictly prohibited.

You may not, without Berger’s prior written consent, “mirror” any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from the Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

In the event you download any software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Berger. Berger does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Berger retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving Berger prior written notice of such activities.

Notification of Copyright Infringement

If you believe that a work you own and which is protected by copyright has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website or on sites linked to from the Website, please provide Berger a written or electronic notice (“Notice”) containing the following information:

your full legal name, as well as your address, telephone number, and email address;

a physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;

an identification of the copyrighted work(s) you claim is/are being infringed;

an identification of the material you claim is infringing and its location;

a statement by you that you have a good faith belief that the disputed use of the copyrighted work(s) is/are not authorized by you, the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Trademarks

The trademarks, service marks, characters, designs and logos (“Trademarks”) used and displayed on the Website are registered or unregistered Trademarks of Berger or its affiliates or included with the permission of the relevant owner. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Berger or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Berger. Berger prohibits the use of any Berger logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by Berger in writing.

Submissions

You are responsible for all information you provide to Berger or post on the interactive site(s). If Berger has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Berger has the right to suspend or terminate your account and refuse any and all current or future use of the Website and hold you responsible for any claim or damages arising from such information. Any messages or other postings without a valid email address verification are subject to removal. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Berger’s use will not violate any third party’s rights.

Information and messages you post on this Website are posted at your own risk. Berger is not responsible for and disclaims all liability related to your use of this site or reliance on the information posted on this site. Berger is not responsible for the accuracy, content, or reliability of any information posted on this site by other users.

Use of Information Submitted to the Website

Berger is free to use any photos, comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website. Any postings, messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of Berger and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.

Berger is not responsible for the confidentiality of any information communicated to the Website. By communicating material to the Website, you agree that Berger has the right to publish the material for any purpose, including, but not limited to, advertising and promotional purposes. Any information submitted on the Website is subject to the Berger Privacy Policy the terms of which are incorporated herein.

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 that the information we provided 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.

The Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete and up-to-date. However, the Website is not intended to be a source of advertisement, solicitation or legal advice. 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.

While Berger uses reasonable efforts to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. 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.

Disclaimer of Warranty

To the maximum extent possible pursuant to applicable law, Berger disclaims all warranties and conditions, express or implied, including, but not limited to, any implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement or other violations of rights. The materials contained on the Website are provided “as is” and “as available” without warranties of any kind either express or implied. We assume no liability or responsibility for any errors or omissions in the content of the Website; any failures, delays, or interruptions in the delivery of any content contained on the Website; any losses or damages arising from the use of the content provided on the Website; or any conduct by users of the Website. Berger does not make any representations or warranties regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Berger, its officers, directors, or employees or any other party involved in the creation, production or delivery of the Website on our behalf be liable (jointly or severally) for any direct, indirect, compensatory, punitive, special, incidental, or consequential damages of any kind, including, but not limited to, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or delay or inability to use the materials on the Website or any information contained in the Website or the availability and utility of products and services or any website linked to from the Website or from any actions we take or fail to take as a result of any electronic mail messages you send us, even if Berger or a Berger representative has been advised of the possibility of such damages. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law. Any material on the Website is subject to change without prior notice.

Indemnity

As a condition of use of this Website, you agree to indemnify, defend and hold harmless Berger, its officers, directors, employees, and agents or any party involved in the creation, production or delivery of the Website on our behalf, from and against any and all claims, damages, losses, costs, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Website or your breach of these Terms of Use. Berger shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

Disclosure of Forward-Looking Statements

The Website contains forward-looking statements about future events and the future operational and financial performance of Berger. Words such as “anticipates,” “expects,” “intends,” “plans,” “targets,” “projects,” “believes,” “seeks,” “schedules,” “estimates,” “budgets” and similar expressions are intended to identify such forward-looking statements. These statements are based on management’s current expectations, estimates and projections; they are not guarantees of future performance; and are subject to certain risks, uncertainties and other factors, some of which are beyond our control and difficult to predict. Actual results may differ significantly from results discussed in the forward-looking statements. You should not place undue reliance on these forward-looking statements. Unless legally required, Berger undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise.

Stock Quotes: No Offer and No Solicitation

Nothing on this Website constitutes an invitation or offer to invest or deal in Berger. Where stock market quotes are provided on this Website, such data is provided for information purposes only and is not intended for trading purposes. Neither Berger nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Investors must not rely on information provided on this website for investment decisions as such information does not constitute an offer of or solicitation for the purchase or disposal of, trading or any transaction in any Berger securities.

Revisions to Terms of Use

Berger reserves the right to revise these Terms of Use and/or to terminate without notice access to the wWebsite at any time by updating this posting without advance notice. Changed terms will become effective once posted on the Website. You are bound by any such revisions and should therefore periodically visit this page to make sure you are aware of the most recent terms, because they will be binding on you. You should check the Website from time to time to check additional terms and conditions. Your use of the Website after any such revisions constitutes your agreement to such changes.

Jurisdiction

You agree that any issue, difference or dispute arising out of or in connection with your use of our Website, intellectual property, the Terms of Use, the Privacy Policy, or any matter concerning Berger shall be referred to the Arbitration in accordance with the provisions of the Arbitration Act, 2001. Reference shall be made to three Arbitrators, wherein, each party shall appoint one Arbitrator and the two appointed arbitrators shall in turn jointly appoint the third Arbitrator. The venue of the Arbitration shall be Dhaka and the language of the Arbitration shall be English.

Any legal actions pertaining to this Website shall be commenced within the competent courts of Bangladesh. If any provision of the Terms of Use or Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use or Privacy Policy, which shall remain in full force and effect.

By using the Website, you agree to comply with all applicable laws and regulations of Bangladesh. The material provided on the Website is protected by law including, but not limited to, copyright and trademark law of Bangladesh and international treaties. Berger makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside Bangladesh do so at their own initiative and are responsible for compliance with applicable local laws.

If you have any questions or complaints regarding this Terms of Use statement, please write to [email protected] and we will endeavor to respond to you promptly.