Welcome to Dulux

Terms and conditions for downloading and use of the ICI Paints colour palette (the “ICI Paints Colour Palette”)

This section of the website (the "Colour Palette Site") deals with, and allows access to the ICI Paints Colour Palette.

Please read these terms (the "Terms") which apply to this Colour Palette Site in addition to the website terms and conditions, which you may access by clicking here (the "Website Terms"), and our privacy policy, which you may access by clicking here (the "Privacy Policy").

The Terms, the Website Terms and the Privacy Policy collectively form the agreement between us for use of this Colour Palette Site (the "Site Agreement"). If there is any conflict between them then the order of precedence is as follows: (i) the Terms, (ii) the Website Terms and (iii) the Privacy Policy.

The Site Agreement contains important information about your legal rights and obligations. Please do not continue if you do not agree to the Site Agreement.

By clicking on the "I accept" button on the screen which will automatically appear once you have accessed and scrolled through all the Terms, you are confirming that you have read the Terms and you will be legally bound by them.

This Colour Palette Site is part of various websites operated by Imperial Chemical Industries plc ("ICI Ltd.") trading as ICI Paints. Details of ICI Ltd. and how to contact us are contained in the Website Terms/Privacy Policy.

All references to "we" are to ICI Paints and all other subsidiaries and affiliates of ICI Ltd. in the ICI Paints group (the "ICI Group").

ICI Paints Colour Palette

The purpose of this Colour Palette Site is to permit you to download electronic colour swatches of the ICI Paints Colour Palette (the "Colour Swatches") for the purpose of making electronic representations of colours contained in the ICI Paints Colour Palette. You are not permitted to use the ICI Paints Colour Palette for any purpose other than design purposes relating to the consideration or proposal of the purchase of ICI Paints products. The Colour Swatches and the ICI Colour Palette may not be downloaded or copied in whole or in part for any other purpose including without limitation the comparison of any ICI Paint’s paint colours whether electronically or in any other form with paint colours produced by other companies.

"Photoshop" software

The ICI Paints Colour Palette available via this Colour Palette Site can only be displayed using "Photoshop" software. All users must independently obtain a valid licence for "Photoshop" software. We exclude all liability in relation to any claims arising out of your use of "Photoshop" software, including the accuracy of reproduction of any colours from the ICI Paints Colour Palette.

Intellectual property rights

The ICI company name, the ICI roundel, logo, corporate symbols and trade marks (including the trade mark "Dulux") are owned by members of the ICI Group and no permission is given in respect of their use, except that you may refer to the names of the colours in the ICI Paints Colour Palette in the course of identifying genuine ICI Paints products, for example to specify a particular colour in your design.

The Colour Palette Site and its contents (including the ICI Paints Colour Palette) are protected by UK and international copyright laws.

Unless otherwise indicated, members of the ICI Group are the owners of the copyright and all other intellectual property rights in this Colour Palette Site and its contents. No part of this Colour Palette Site may be reproduced without ICI Paints' written permission, except as set out in these Terms.

System Integrity and Compliance with Laws

You may not use any device, software or routine, or otherwise take any action, that interferes or attempts to interfere with the proper working of the Colour Palette Site. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Colour Palette Site and the materials available via the Colour Palette Site.

NO WARRANTY

ALL MATERIALS ON OR AVAILABLE VIA THIS COLOUR PALETTE SITE ARE PROVIDED “AS IS” AND NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR UNDERTAKINGS OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, SATISFACTORY QUALITY MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. We do not guarantee continuous, uninterrupted or secure access to this Colour Palette Site, and operation of the Colour Palette Site may be interfered with by numerous factors outside of our control, including but not limited to telecommunications network disruptions. Nor do we guarantee or make any representation, warranty or undertaking as to the accuracy, completeness or timeliness of the Colour Palette Site, any materials on or available via the Colour Palette Site, or the results of your use of the Colour Palette Site.

EXCLUSION AND LIMITATIONS OF LIABILITY

The following provisions exclude or limit our liability for the Colour Palette Site. You should read them carefully. They all apply only insofar as any applicable law permits.

EXCEPT FOR BODILY INJURY OF A PERSON, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY) ARISING OUT OF OR IN CONNECTION WITH ANY SUBJECT MATTER OF THIS AGREEMENT, YOUR ACCESS TO OR USE OF THE COLOUR PALETTE SITE, OR YOUR RELIANCE ON THE COLOUR PALETTE SITE, REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WOULD ARISE IN THE ORDINARY COURSE OF EVENTS OR OTHERWISE, IS REASONABLY FORESEEABLE OR OTHERWISE, OR IS CAUSED BY ANY ERROR OR OMISSION IN THE COLOUR PALETTE SITE.

EXCEPT FOR BODILY INJURY OF A PERSON, OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO Rs.1000.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Whilst reasonable attempts have been made to exclude viruses or other destructive computer code from the Colour Palette Site, we do not accept any obligation, give no assurance and assume no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Colour Palette Site or downloading information from the Colour Palette Site.

Termination of Access

We may terminate your access to the Colour Palette Site or your ability to participate in all or certain parts of the Colour Palette Site at any time without notice and without any liability. Any limitations on our liability will survive termination.

General

If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the Terms are for convenience only, and have no legal or contractual effect. We do not intend the Terms (or any part of them) to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 of UK or any other Indian legislation. You agree that there shall be no third party beneficiaries to the Terms.

Governing Law

The Terms and your use of this Colour Palette Site shall be governed by the Laws of India. By using the Colour Palette Site and accepting the Terms you submit to the exclusive jurisdiction of the courts of India, except that we (and/or other members of the ICI Group) may take action in any appropriate jurisdiction to protect our (and/or their) intellectual property rights.