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 [**] [and mobile application] (“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 that helps customers seeking to hire professional painters (“Consumers”) discover and interact with professional painters (“Painters”) who are duly registered members of the [Dulux Colour Guru program] (“Platform”).

The Website is operated by Akzo Nobel Paints Marketing Sdn Bhd, (the “AkzoNobel”) incorporated registered office at Lot 5827, Nilai Industrial Estate, 71800 Nilai, Negeri Sembilan, Malaysia.
Consumers 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 However, please note that any of the Content on the Website may be out of date at any given time and we are under no obligation to update it.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

AkzoNobel is not a supplier of any of the services advertised on this application / website; The Painter will not have any connection with AkzoNobel, and AkzoNobel will not be responsible for any act or action of the Painter;
AkzoNobel is providing the Platform for the Painter to display her profile and services, so that any interested Consumers can interact with communicate with the Painter.
Consumers interested in contracting the services of a Painter should contact the Painter outside the Platform to obtain the necessary information regarding the price, payment methods, availability, form and deadline for performing the services and satisfy itself of the suitability of such Painter for its requirements.
AkzoNobel will not be responsible for damages resulting from any business conducted between Users, as its involvement is limited to enabling discovery of Painters and facilitating initial interactions between the Users. AkzoNobel will not under any circumstances be responsible for the payment of any contracted services or even for the unsuccessful negotiations between the Users. AkzoNobel's role is strictly limited to that of an intermediary between the Users facilitating discovery of Painters by Consumers.

• Registration
  The Website is available only to registered Users.
  Registration will be available to Painters who are duly registered with [Dulux Colour Guru]. Registration will be available to Consumers who have the legal capacity to hire Painters.
  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.). Painters will be required to provide the following additional details for registration: profile pictures, project pictures and certificates info 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 who are not Painters. 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 (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 Malaysia. 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.
• Obligations of the consumer
  Consumers interested in contracting the services of a Painter must express their interest to the Painter through the Website and contact the Painter directly to obtain necessary details such as the price, payment methods, availability, form and timelines for carrying out the service. Consumers agree that they will hire a Painter only after thoroughly satisfying themselves as to the suitability of the Painter.
• Obligations of the painter
  The Painter must always provide clear and conspicuous information regarding the nature of services offered by them including any service restrictions, pricing, timelines, availability and any risks to the health and safety of Consumers.
  The Painter will not at any time represent it to be an employee, distributor, retailer, agent or affiliate of AkzoNobel. Painters are providing only their services using the Platform/Website and not any product.
• Final provisions
  AkzoNobel will not be responsible for the effective fulfilment of the obligations assumed by the Users, for the payment of the contracted services or even for the failure of the negotiations.
  Users recognize and accept that when conducting negotiations that do so at their own risk, recognizing AkzoNobel as a mere provider of Platform/Website.
  AkzoNobel does not provide any guarantee or technical result or statement, express or implied, with respect to the information, indications and opinions provided, the Users being fully responsible for all decisions based on the information and opinions contained in this application / website.
  In no event will AkzoNobel be responsible for any loss of profit or any other damages and / or losses that it may suffer due to the negotiations carried out or not carried out.
  AkzoNobel recommends that all negotiations be carried out with caution and common sense.
  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 us
  • er 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 Malaysia;
  • sell your username or otherwise transfer it for compensation; and
  • encourage or help anyone do any of the things on this list.
  AkzoNobel has made every reasonable effort to ensure that the application / website is virus-free. However, no declaration or warranty, technical or otherwise, can be given, express or implied, in the sense that this platform is free of bugs and / or viruses, and Users are responsible for ensuring the installation of appropriate antivirus software.
  The application / website must be used properly by Users, who must not introduce any viruses, trojans, worms, logic bombs or other malicious or technologically harmful materials into it. Users should not attempt to gain unauthorized access to the application / website, the server where it is stored or any server, computer or database connected to this platform. Violation of this item may constitute a crime. AkzoNobel will report any violation to the competent law enforcement authorities and cooperate with them by disclosing the Users' names. If any breach occurs, Users' access to the application / website will be immediately blocked.
  To the extent permitted by applicable law, Akzo Nobel disclaims complete responsibility or liability towards Users howsoever arising in contract, torts or otherwise including but not limited to any indirect or consequential damages or loss of profit/business. At all times, the User will hold AkzoNobel harmless and indemnify for any claim that may arise against Akzo Nobel arising out of or in connection with usage of the Platform/Website.
  All items in these General Terms and Conditions of Use are governed by the laws in force in the Malaysia. For all matters relating to interpretation, compliance or any other question relating to these General Terms and Conditions of Use, the parties agree to submit to the jurisdiction of the courts of Delhi

Privacy Policy

We recognize that your privacy is very important and take it seriously. This Privacy Policy (“Privacy Policy”) describes our policies and procedures on the collection, use and disclosure of your information when you use the Website. We will not use or share your information with anyone except as described in this Privacy Policy.

This Privacy Policy is a part of and incorporated within and is to be read along with the Terms of Use (“Terms”). The capitalized terms used in this Privacy Policy, but not defined herein, shall have the meaning given to such terms in the Terms.

When does this Privacy Statement apply? This Privacy Policy applies to (a) registered Users, and (b) all persons (including individuals) other than registered Users, directly or indirectly, accessing the website.

For what purpose do we process your personal data?

We use your personal data for various purposes. Below you will find a summary of the types of personal data and the purposes for which we use them.

We process technical data, such as your IP address, the browser you use, the pages visited, the sites visited before / after and the duration of a visit in order to improve the functionality of the Website and allow you to find the information you seek simply and quickly. Such data is also used to solve technical difficulties or to improve the accessibility of certain parts of the Website. For this purpose, we also use cookies.

When choosing to register with us, it is necessary to provide personal data such as your name, a valid email address, your residential or business address and other related information so that we can create an Account for you. Your personal data allows us to manage your account, guarantee confidentiality and maintain security access. We also process data such as your display name, your role and your access data. We can, for example, change your password for you. However, we are unable to view your password.

We use aggregated personal data to analyse visitor behaviour and adjust our offering accordingly to ensure that they are relevant to our customers. This means that we analyse how often you visit our app / website. Based on this information, we can adjust our offers and newsletters. We may also conduct market trends surveys through statistical analysis to evaluate and adapt our products and advertisements according to new developments, but the results of the survey are only disclosed in aggregate. We may purchase supplementary data from public sources to supplement our database for the purposes described above.

We can send emails with promotions, news and invitations to participate in events. If you choose to participate in any of these activities, we need your personal data to be able to advertise and organize such events. For this, we process your name, address, e-mail address and your participation in the activity. We may call and/or SMS you to gather details of your usage or experience of the Platform/website including the details of the products used for the painting services. You agree and consent that we may collect, handle, process, use, store, transfer, exchange, share, disseminate, destruct, or otherwise make use of your personal information. Notwithstanding anything to the contrary, you further unequivocally agree and consent that we may use your personal information for the purposes provided above and share such personal information without limitation to a third party in the manner provided below.

Who has access to your data?

We treat your data with care and confidentiality; we do not share them with third parties that are not explicitly stated in this Privacy Policy.

• With other entities within the AkzoNobel group: We may share information about our consumers in a pseudonymous, anonymous or aggregated form with other members of the AkzoNobel Group so that they can be used, for example, for trend analysis. Please note that the data may get transferred and/or hosted out of Malaysia to multiple locations.
• With service providers: We use several companies that process data on our behalf, such as hosting companies, delivery services. These companies use your information on our behalf and are subject to strict rules that need to be followed when processing your information and similar standards of data protection as maintained by us. We do not allow such
• Other third parties: We may be required to disclose personal information at the request of government agencies or to maintain public order. We may also share your data with our channel partners including distributors, dealers and/or retailers.

We will only share your information with other companies or individuals if we have your consent to do so.

How to deal with links to other sites and social media?

External sites

In the Website you may find several links to other sites. Although these sites are selected with care, we are not responsible for the processing of your personal data through these other sites. Therefore, the Terms and this Privacy Policy are not applicable to the use of such sites.

Social media

The Website may provide social plug-ins from various social networks. If you choose to interact with a social network (by registering an account, for example), your activity on the Website will also be available for social networks such as Facebook and Twitter. If you are connected to one of these social networks during your visit to the Website, the social network can add such information to its respective profile on that platform. If you are interacting with one of the social plug-ins, that information will be transferred to the social network. If you do not want such data transfer to occur, disconnect from your social network before entering our Website.

How do we protect data?

Your personal data is treated with strict confidentiality and we adopt comprehensive and reasonable technical and organizational security measures against the loss or unlawful processing of such data, in compliance with the provisions of the Information Technology Act, 2000. For this purpose, we employ several security techniques, including secure servers, firewalls and encryption, in addition to the physical protection of the locations where the data is stored.

Retention of data

We will not retain your personal data for a period longer than necessary to achieve the purpose for which it was collected or for the maximum period determined by law. If you are a registered user, you have the following rights under this Privacy Policy:

• Personal Data Rights: You will have the right, upon request, to access and review any "sensitive personal data or information" provided by you and held by us. Upon discovering that the "sensitive personal data or information" provided is inaccurate or deficient in any manner, you will have the right to request suitable changes or amendments to such data. If it is feasible to do, we may make appropriate changes in its database in order to reflect such requested amendments.
• Account Rights: You can control your account settings and manage what communications you receive from us and how you receive them. You may also modify your password or close your account if you choose to do so.
• Consent Rights: You will also have the option of withdrawing consent previously provided to us. In such cases, we may no longer be obliged to continue providing the Platform/Website.

Grievance Officer

In accordance with Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact details of the Grievance Officer are provided below:

Akzo Nobel Paints Marketing Sdn. Bhd.

Address: Lot 5827, Nilai Industrial Estate, 71800 Nilai, Negeri Sembilan, Malaysia.

Phone: 1800-88-9338 (Mon-Fri, 9am-5pm)

Email: customercare.my@akzonobel.com

If you come across any abuse or violation of these Terms, please report to: customercare.my@akzonobel.com