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
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
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 Akzonobel Paint India Ltd (the “AkzoNobel”) incorporated under Indian Companies
Act, 2013 with registered office at [∙] bearing CIN [∙].
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 However, please note that any of the Content on the Website may be out of date at any given time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.
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
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.
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
India. 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
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
You agree that AkzoNobel may suspend or terminate your Account at any time without any prior
notification or without giving any reason.
2. 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
3. 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
4. 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:
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.
- be misleading in any way;
- contain video, photographs, or images of another person (without voluntary permission/consent of
- 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
- 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
- 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
- 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
- interfere with another User's use and enjoyment of the Website or any other individual's user and
enjoyment of similar services;
- solicit any activity which we, in our sole discretion, believe is or could be construed as being
- involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing or
- 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
- try to reverse engineer any of Company’s software;
- collect or store personally identifiable information of any Users or visitors without their
- threatens the unity, integrity, defence, security or sovereignty of India;
- sell your username or otherwise transfer it for compensation; and
- encourage or help anyone do any of the things on this list.
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
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 India.
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