Terms of Access and Use


These Terms of Access and Use are current as of 31 August 2010

Please read these terms and conditions carefully. A reference to “this Website” is to www.sto-sea.com and all web pages thereunder, including the content, information, applications, programmes, images, sounds, graphics, links, video and other materials displayed therein and the functionalities provided therein (collectively the “Content”). “You” refers to such party who is given access or use of this Website by Sto SEA Pte Ltd and/or Sto SEA Sdn Bhd (collectively “Sto”). The use of this Website is subject to the following terms and conditions (“Terms of Access and Use”). By accessing this Website, you agree to be bound by these Terms of Access and Use. If you do not agree to these Terms of Access and Use, do not access or use this Website.
 

1. Use of this Website
 
1.1 You agree (i) to comply with all the guidelines, notices and instructions, and operating rules and policies pertaining to the use of this Website issued by Sto, from time to time via the Website; and (ii) to abide by all applicable local, state, national and international laws and regulations in your use of the Website.

1.2 Sto reserves the right to revise these Terms of Access and Use at any time, and users of this Website are deemed to be aware of and bound by any changes to these Terms of Access and Use upon their publication on this Website.

1.3 You agree and undertake NOT to:
(a) use any software or material that contains a virus, corrupted files or damaging component which may corrupt this Website’s data or interfere with the operation of this Website;
(b) upload, distribute or transmit any materials or information through this Website which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with this Website or the operation of this Website;
(c) use this Website for illegal purposes; or
(d) use this Website other than in conformance with the acceptable use policies of any connected computer systems or networks and any applicable Internet standards.
 

2. Limits of Responsibility and Liability of Sto

2.1 This Website and the Content are provided on an “as is” and “as available” basis. Sto does not warrant (i) the accuracy, adequacy or completeness of this Website or the Content, and expressly disclaims any liability for errors, delays or omissions in the Content, or for any action taken in reliance on the Content; (ii) that Your use of and/or access to the Website or the Content, will be uninterrupted, timely, secure or free from errors or that any identified defect will be corrected; (iii) that the Website or any Content will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; (iv) that any information, instructions or communications transmitted by you through Website is secure and cannot be accessed by unauthorised third parties; and (iv) that use of Content by you will not infringe rights of third parties. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with the Content or this Website.

2.2 Sto may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, this Website or any information, functionalities, services or products provided therein, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing this Website or associated information, functionalities, services or products.

2.3 Risks relating to the use of the Internet: Sto does not warrant the security of any information transmitted by you or to you through this Website, and you accept the risk that any information transmitted or received through this Website may be accessed by unauthorised third parties. Transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

2.4 Exclusion of liability: Sto or any of its officers, employees or agents shall not be liable to you for any loss, damages or expenses (including any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with (i) any access, use or inability to use this Website, or (ii) reliance on any Content, or (iii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros, or (iv) any use of or access to any other website or webpage linked to the Website even if Sto or its officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

2.5 Information available through this Website: Information displayed at this Website may be from a variety of sources. All data and/or information contained in this Website is provided for informational purposes only. Sto makes no representations as to the accuracy, timeliness, adequacy or commercial value of all such information and/or data and assumes no responsibility or liability arising from all such information and/or data. Specifically, the data and information on this Website are not intended as nor shall they be construed as financial, tax or other advice or as an offer, solicitation or recommendation of securities or other financial products. Sto shall not be liable to you for any decision made or action taken by you in reliance on any data or information made available through this Website or for direct, indirect, incidental, special, consequential, punitive or any other damages whatsoever even if Sto or its agents have been advised of the possibility of such damages. You should not act on such data or information without first independently verifying its contents.


3. Intellectual Property

3.1 The intellectual property rights in this Website and in and to the Content are owned, licensed to or controlled by Sto SEA Pte Ltd, Sto AG and their licensors or service providers. Sto SEA Pte Ltd, Sto AG and their licensors or service providers aggressively enforces its intellectual property rights to the fullest extent of the law.

3.2 No part or parts of this Website or any Content may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Sto or other copyright owners. Permission will only be granted to you to download, print or use the Content for personal, non-commercial uses, provided that you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content. You may not, however, copy, reproduce, distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without Sto’s or any other applicable copyright owner’s prior written permission.

3.3 Trade Marks: The trade marks, service marks, trade names and logos used and displayed on this Website (collectively the “Trade Marks”) are registered and unregistered trade marks of Sto AG. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Marks displayed on this Website, without the written permission of Sto or any other applicable trade mark owner. The name of Sto may not be used in any way without the prior written permission of Sto.

3.4 Your use of the Trade Marks or the Content except as provided in these Terms of Access and Use, is strictly prohibited.


4. Hyperlinks

4.1 For your convenience, Sto may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under the control of Sto and Sto is not responsible for the contents of, or the consequences of accessing, any linked website.

4.2 Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

4.3 You may not, without Sto's prior written permission, insert a hyperlink to the Website (or any part thereof) on any other website or webpage or "mirror" any material contained on the Website on any other server and you may not establish and/or maintain, on any website or webpage, any in-links, frame-links and/or any other type of hyperlinks to the Website or any part thereof (including any of the Content).


5. Use of information relating to or collected at this Website
 
You agree that all information and/or particulars sent or submitted by you through the Website is non-confidential and non-proprietary unless otherwise expressly indicated by you and may be used by us in accordance with our Privacy Policy.


6. Force Majeure
 
Sto shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in this Website’s operation, or for any inaccuracy, unreliability or unsuitability of this Website’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom Sto is not responsible for).


7. Delegation

Sto may delegate the performance of any of its functions in connection with this Website and reserves the right to use any agents on such terms as it deems appropriate.


8. Termination

You agree that Sto may, at its sole discretion, deny you access to this Website for any reason, including without limitation, if Sto believes that you have violated or acted inconsistently with any terms or conditions set out herein, or if in Sto’s opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to this Website.


9. Governing Law

Use of this Website and these Terms of Access and Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore Courts.