Agreement Between User And The Procell Company
The network of Web Sites (collectively, the “Duracell Web Sites”) operated by Duracell International Operations SARL or its affiliates or subsidiaries (“Duracell/we/us”), is comprised of various Web sites and Web pages. The Duracell Web Sites are offered to visitors from time to time (“you”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Duracell Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Duracell website included within the Duracell Web Sites network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Such Additional Terms may govern particular features or offers, which may include (without limit) promotional activities or chat areas or the sale and purchase of Duracell products. In the event that any of these terms and conditions conflict with the Additional Terms or other terms and guidelines contained within any particular Duracell website and relating to the use of that Duracell website, then the Additional terms and conditions shall prevail for the specific activity.
Duracell reserves the right , without notice, to change the Terms associated with the use of the Duracell Web Sites. You should visit this page from time to time to review the then-current Terms because they are binding on you.
Personal and Non-Commercial Use Limitation.
Unless otherwise specified, the Duracell Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Duracell Web Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the Duracell Web Sites solely for your own non-commercial use, or to place an order with Duracell or to purchase Duracell products. Any other use of materials on the Duracell Web Sites, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of the Duracell Web Sites, without prior written permission of Duracell is strictly prohibited.
Harassment in any manner or form on the Duracell Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Duracell employee, host, or representative or other members or visitors on the Duracell Web Sites is prohibited. You may not upload to, distribute, or otherwise publish through the Duracell Web Sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Duracell Web Sites or use the Duracell Web Sites to solicit others to join or become members of any other commercial online service or other organisation.
We are the owner or the licensee of all intellectual property rights in the Duracell Web Sites, and in the material published on it. The entire content included in the Duracell Web Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is the property of or licensed to Duracell. All trade marks, service marks, and trade names (collectively the “Marks”) are trade marks or registered trade marks of and are proprietary to Duracell, or other respective owners that have granted Duracell the right and license to use such Marks.
Notifications of copyright infringement (“Notification”) should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Duracell respects the intellectual property of others, and we ask our users and visitors to do the same. Duracell will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Upon receipt of notice alleging infringement of copyright, Duracell will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Duracell the following information. Please be advised that to be effective, the Notification must include ALL of the following:
Notices of claimed copyright infringement should be directed to:
Duracell International Operations Sarl
Rue du Pre de la Bichette 1
(Please include “Notice of Copyright Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DURACELL THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Each claim or statement about the effectiveness of Duracell products and/or each claim or statement comparing the effectiveness of Duracell products to the effectiveness of other products is expressly limited to the countries mentioned on the Duracell Web Sites.
We make every effort to ensure accurate product descriptions but, due to manufacturing processes and continuous improvement of our products, the product descriptions and packaging shown on the Duracell Web Sites may not exactly match the equivalent product.
In the event a Duracell product or service is listed on any of the Duracell Web Sites at an incorrect price due to an error, Duracell shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price.
Duracell shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Duracell shall issue a credit to your credit card account in the amount of the incorrect price.
These Terms do not apply to the purchase of Duracell products which will be governed by the standard terms and conditions of sale. The Terms may be terminated by Duracell without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Duracell does not and cannot review all communications and materials posted to or created by users accessing the Duracell Web Sites and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Duracell Web Sites, Duracell is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Duracell Web Sites. However, Duracell reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Duracell at its sole discretion.
Except for any personally identifiable information we may collect from you under the guidelines established in our [Privacy Statement ], any material, information or other communication you transmit, upload or post to the Duracell Web Sites (“Communications”) will be considered non-confidential and non-proprietary. Duracell will have no obligations with respect to the Communications. Duracell and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
Duracell may, but is not obligated to, monitor or review any areas on the Duracell Web Sites where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Duracell, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
In an attempt to provide increased value to our visitors, the Duracell Web Sites may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Duracell, Duracell has no control over thse External Sites, all of which have separate privacy and data collection practices, independent of Duracell. Duracell has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of any External Sites. These External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Duracell sponsors, endorses, is affiliated with or associated with, or has been legally authorised to use any trade mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Duracell seeks to protect the integrity of the Duracell Web Sites and the links placed upon it and therefore requests any feedback on not only the Duracell Web Sites, but for any External Sites that it links to as well (including if a specific link does not work).You should contact theDuracell Web Sites administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Duracell makes no warranties or representations about the accuracy or completeness of the Duracell Web Site’s content or the content of any site or External Sites.
Duracell does not filter advertisements or other content that children may view through the Duracell Web Sites or the External Sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.
SUBJECT TO CLAUSE 12 BELOW, THE DURACELL WEB SITES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE DURACELL WEBSITES, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DURACELL DISCLAIMS ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS , EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES CONDITIONS OR REPRESENTATIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES CONDITIONS OR REPRESENTATIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DURACELL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DURACELL DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DURACELL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DURACELL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Duracell, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including legal fees reasonably incurred, resulting from any violation of these Terms or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Duracell Web Sites using your Internet account.
Your use of the Duracell Web Sites shall be governed in all respects by the laws of England and Wales (“Applicable Law”). You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Duracell products) shall be in the courts of England and Wales. Any cause of action or claim you may have with respect to the Duracell Web Sites must, subject to any provisions of Applicable Law to the contrary, be commenced within one (1) year after the claim or cause of action arises. Duracell’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Duracell may assign its rights and duties under this Agreement to any party at any time without notice to you.
Duracell makes no representation that materials in the Duracell Web Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Duracell Web Sites from locations outside the United Kingdom do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of any Applicable Laws and regulations.
By using this Site, you agree that Duracell, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under London Court of International Arbitration (LCIA), by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Duracell Industrial Operations
14 Research Drive Berkshire Corporate Park
Bethel, CT 06801
Duracell UK Ltd
Bourne Business Park
500 Dashwood Lang Road
Duracell Hong Kong Ltd.
Units 3306 & 3307, Level 33, Tower 1,
Enterprise Square Five, 38 Wang Chiu Rd.,
Kowloon Bay, Kowloon.