Terms and conditions of Use

Welcome to www.dkshdiscover.com (”Site”).

The Site is owned and operated by DKSH International Performance Materials Ltd, a company incorporated under the laws of Switzerland, with registered office at Wiesenstrasse 8, P.O. Box 888, 8034 Zurich, Switzerland,VAT no. CHE-136.097.084 Phone no. [+41 44 386 72 72], e-mail [[email protected]]. (“DKSH”).

Your access to and use of the Siteas well as the services available through the Site (“Services”) is subject to the following terms and conditions of use (the "Terms and Conditions") and all applicable laws. By accessing and browsing this Site and using the Services, you accept, without limitation or qualification, these Terms and Conditions.

To see the previous iteration of the Terms and Conditions click here [N/A].

If you do not accept these Terms and Conditions, please note that you are not allowed to access, use or download materials from this Site nor use any of the Services.

1. Electronic communications.

When you use any Service or send e-mails to us, you are communicating with us electronically. DKSH will communicate with you electronically in a variety of ways, such as by e-mail, text or by posting e-mail messages or communications on the Site. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that DKSH provides you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. Intellectual Property Rights

The Site and all the information and materials included on it including the design, layout, look, appearance, graphics, organization of the contents of the Site, photographs, images, illustrations, text, fonts, video, music, sound, audio clips, logos, trademarks - whether they are registered or not, figurative or not - all other marks, service marks, brand names, trade or business names, domain names and URLs, software (“Content”) are either owned or licensed by us, and are protected by applicable copyright, trademark, patent or other intellectual property laws around the world. DKSH reserves all such rights.

DKSH’s trademarks and trade dress may not be used in connection with any product or service that is not DKSH's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits DKSH. All other trademarks not owned by DKSH that appear in any DKSH Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DKSH.

3. License and Access

Subject to your compliance with these Terms and Conditions, DKSH grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Site and Contents and use the Services.

All rights not expressly granted to you in these Terms and Conditions are reserved and retained by DKSH or its licensors, suppliers, publishers, rights holders, or other content providers. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold or, resold without our express written consent. You may not frame or use framing techniques to enclose any Content of DKSH without our express written consent. You may not use any meta tags or any other hidden text utilising DKSH's names or trademarks without our express written consent.

You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by DKSH terminates if you do not comply with these Terms and Conditions.

4. Your Account

You may need your own customer’s account to use certain DKSH Services, and you may be required to be logged into the account.

If you use any DKSH Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

You must not use any DKSH Service: (i) in any way that causes, or is likely to cause, any DKSH Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.

We reserve the right to refuse any DKSH Services or terminate accounts if your behavior gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, these Terms and Conditions, our guidelines or our policies. Notwithstanding any such limitation or termination, you will continue to have access to content, and services purchased by you up to that point.

5. Information available on the Site

While DKSH uses reasonable efforts to include accurate and up to date information on the Site (“Information”), Information may be incomplete or outdated and may contain inaccuracies or typographical errors.

DKSH reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such Information, at any time without notice.

The Site may contain Information on its worldwide products and/or services or on worldwide products and/or services of its affiliates, not all of which are available in every location. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location.

6. Your interactions with the Site

Any communication, information and/or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes, free of charge, the property of DKSH or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, DKSH and/or its affiliates are free to use any ideas, concepts, knowhow, or techniques contained in any communication, information or material you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information, communication or material without restriction and without compensating you in any way.

By transmitting any communication, information or material to the Site, you agree that: (a) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any communication, information or material; and (b) you own the communication, information or material or have unlimited right to provide it to DKSH or its affiliates and DKSH and/or its affiliates may publish the communication, information or material free of charge and/or incorporate it or any concepts described in it in the services or products of DKSH and/or its affiliates without accountability or liability; and (c) you agree not to take action against DKSH or its affiliates in relation to communication, information or material submitted by you and you agree to indemnify DKSH and/or its affiliates if any third party takes action against DKSH or its affiliates in relation to the communication, information or material you submit.

Although DKSH may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, neither DKSH nor its affiliates are under any obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. DKSH will fully cooperate with any law enforcement authorities or court order requesting or directing DKSH or its affiliates to disclose the identity of anyone posting any such information or materials.

7. Linked Sites

Because DKSH and its affiliates have no control over and do not endorse any of the sites (or the products or services referenced therein) to which the Site is linked (the “Linked Sites”) and because DKSH has not reviewed any or all of the Linked Sites, you acknowledge that neither DKSH nor its affiliates are responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk and without the permission of DKSH or its affiliates. By making use of any such Linked Sites, you understand that the legal statement and privacy policy of the Linked Site will apply, and which may be different from those of DKSH. You also agree that neither DKSH nor its affiliates have any control over the content of sites to which this Site is linked and cannot assume any responsibility for material and/or information created or published by such third-party sites.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

1. THE SERVICES AND ALL INFORMATION, CONTENTS, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY DKSH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DKSH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DKSH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DKSH SERVICES IS AT YOUR SOLE RISK.

2. TO THE FULL EXTENT PERMISSIBLE BY LAW, DKSH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DKSH DOES NOT WARRANT THAT THE DKSH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM DKSH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DKSH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

3. SUBJECT TO SECTION 8.5 BELOW, DKSH’S AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL IN NO EVENT EXCEED THE PRICE OF THE PRODUCTS OR SERVICES PRUCHASED BY YOU ON THE WEBSITE.

4. To the maximum extent permitted by law, you also undertake that you will not claim any possible compensation from DKSH or any of its affiliates, as well as from our licensors, service providers, managers or directors in any form, including but not limited to:

• losses
• damages not caused by DKSH’s breach;
• indirect losses and damages;
• losses or damages arising out or resulting from the use of the Site, the Services, the Contents, any Linked Site or the inability to use the same, or in connection with any failure of performance, delay in operation and transmission, interruption, error, omission, virus or Site failure;
• losses or damages which you may incur, including without limitation as a result of: (a) your failure to safeguard your account credentials, (b) any reliance placed by you on the accuracy and completeness of the Site, the Contents or the Information, or
• any changes we may make to the Site, the Services, the Information and the Content, or
• any temporary interruption or permanent cessation in the provision of the Services;

5. Nothing in these Terms and Conditions limits or excludes DKSH’s liability for (i) death and personal injury caused by our negligence; (ii) for fraud, fraudulent misrepresentation, and gross negligence or (iii) for any other liability which cannot be limited or excluded by applicable law.

6. You are responsible for evaluating the information and content obtained through the Site. By using the Site, you undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data, and costs associated with all necessary services and maintenance of hardware and/or software.

7. To the extent permitted by applicable law, you agree to indemnify DKSH, DKSH’s affiliates, and their respective directors, non-executive directors and employees against any loss, liability, claim or requirement (even if claimed by third parties) caused by your breach of these Terms and Conditions using this Site and its Services, and/or your breach of these Terms and Conditions and/or any breach or your representation and warranties under these Terms and Conditions including reasonable attorney’s fees and/or any liability to third parties caused by any material and /or information transmitted by you to DKSH.

9. Terms and Conditions modifications and severability.

DKSH may at any time revise, without prior notice, these Terms and Conditions by updating this posting. You are bound by any such revisions immediately upon posting of such revision or modification and should therefore review these Terms and conditions every time you use this Site.If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

10. Applicable laws and Dispute Resolution

These Terms and Conditions and all legal relations between you and DKSH shall be governed exclusive by the substantive law of Switzerland to the exclusion of the laws on conflict of laws and of the United Nations Convention on Contracts and the International Sale of goods (CISG) of April 11, 1980.

Any disputes arising out of or in connection with the This Terms and Conditions or any legal relations between you and DKSH shall be resolved exclusively before the courts in Zurich, Switzerland.

11. Contracts

If you have any questions about these Terms and Conditions, the Site or the Services, you can contact us in one of the following ways:

By post at DKSH International Performance Materials Ltd, Wiesenstrasse 8, P.O. Box 888, 8034 Zurich, Switzerland

By email at [[email protected]]

You may also go to the Contact Us page on the Site to leave a message, we will reply to you via email.