LEGAL & PRIVACY POLICY

TERMS OF USE

1. Access to this Website

By proceeding further, you agree to be bound by the terms and conditions of this Website located at www.usgboral.com. USG Boral and their respective related bodies corporate strongly recommend that you read these Terms of Use before continuing to use the Website. If you do not agree with them, please do not register as USG Boral’s customer through this Website and/or continue to use this Website.

2. Changes to these Terms of Use and Termination 

USG Boral reserves the right to amend these Terms of Use from time to time, and you agree to be bound by these Terms of Use as amended. USG Boral will give you notice of these changes by publishing revised Terms of Use on this website. You will not be separately notified of these changes. If you breach any of these Terms of Use, USG Boral may suspend, terminate or limit your access to this website.

3. Usage of this Website

This website and its contents (including all logos, graphics, trademarks, texts and/or images) are subject to copyright and protected by the laws of Kingdom of Thailand and other countries through international treaties. All rights are reserved to USG Boral.

You may store on your computer, and print copies of, the contents of this website for your personal, non-commercial use. Otherwise, you may not reproduce, transfer, adapt, amend or store any of the contents of this website, or incorporate any part of this website into another website, without the written consent of USG Boral.

Downloading of information from this website is done so at your own risk. USG Boral does not provide any warranty in respect of downloading, and USG Boral strongly recommends that you check downloaded files and information with virus detection software.

4. Eligibility to Use the Website

Your use of the Website and/or registration as USG Boral’s customer through the Website is subject to your representation and warranty to USG Boral that:

(i)  all the information you provide during the online registration is accurate, complete and truthful;

(ii)  you shall at all times maintain the accuracy, completeness and truth of such information;

(iii)  you are either 18 years of age (or older) or that you are under 18 years of age but you are using the Website and/or registration as USG Boral’s customer through the Website with the involvement or the permission of your parent or guardian.

5. Security and Access

Once you are a registered USG Boral user, you are solely responsible for maintaining the confidentiality of your login username and/or password and the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Website. You are fully responsible for all activities that occur under your login username and/or password. You agree to immediately notify USG Boral of any unauthorized use of your login username and/or password or any other breach of security, and ensure that you exit from your account at the end of each session. USG Boral will not be liable for any loss or damage arising from your failure to comply with this Clause 5. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your login username and/or password or other personal information. While USG Boral endeavors to ensure that the Website is normally available 24 hours a day, USG Boral does not guarantee that it will be uninterrupted, free from virus, harmful computer codes or error free. In particular, access to the Website may be suspended temporarily and without notice in the event of system failure, maintenance or repair or for reasons beyond USG Boral's control. USG Boral will have no responsibility for any harm to your computer system, loss or corruption of data, delays, unpredictable danger or loss or other harm that results from your access or use of the Website. You acknowledge that your access to and use of the Website is at your own risk.   Please also note that USG Boral may at any time request for some form of identification to establish the creditability of a member account or its contents.

6. Third Party Websites

As a convenience, USG Boral provides links to other websites from this website. If you follow the links you will depart this website, and you do so at your own risk. Except as specifically stated on this website, USG Boral makes no warranty or representation regarding, nor does it endorse, any linked websites or the contents thereof.

7. Disclaimer and Limitation of Liability

Save and except for any implied warranties, the Website therein is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, USG Boral provides you with the Website on the basis that USG Boral excludes all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to the Website. USG Boral does not represent or endorse (including as to merchantability and fitness for purpose) the accuracy, completeness, reliability or truth of any advice, opinion, statement or other information displayed, uploaded or distributed on the Website or suitability for any purpose of the contents of this Website. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. You acknowledge that USG Boral is not responsible for any inaccuracies in relation to the information obtained from the Website and makes no representation and gives no warranty as to its accuracy. You confirm you have not relied on such information.

Except for any loss or damage arising from the breach or negligence on the part of USG Boral, your acceptance of these Terms of Use also acts as a general release of USG Boral from any liability for any claims, loss or damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out or in any way connected to your use of the Website.

Notwithstanding the foregoing, nothing in these Terms of Use is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude to exclude or limit our liability to you for any loss or damage arising from the breach or negligence on the part of USG Boral.

Save and except for loss or damage arising from breach or negligence on the part of USG Boral and subject to any other liabilities that may not be limited by law, USG Boral will not be liable or responsible to you or any third person for any amount or kind of loss or damage which may result (including without limitation, any direct, indirect, punitive consequential or exemplary losses or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise arising from or in connection with this Website or any USG Boral events developed, staged, managed or outsourced by USG Boral in any way or in connection with the use, inability to use or the results of use of this Website. Subject to the foregoing, USG Boral's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the aggregate amount paid, if any, by you to USG Boral for any product and/or service.

8. International Users and Applicable Law

USG Boral makes no representation that this website and usage of this website complies with the laws of any jurisdiction outside of Kingdom of Thailand. Any disputes about this website or its contents will be governed by the laws of Kingdom of Thailand and determined by courts having jurisdiction there.

9. Linking

If you wish to link to this website, please email us at [contact-us.my@usgboral.com ].

You may create a link to this Website, provided that:

(i)  the link is fair and legal and not presented in a way that is misleading or could suggest any type of association, approval or endorsements by USG Boral that does not exist or harmful to USG Boral’s reputation or the reputation of any of USG Boral’s affiliates.

(ii)  You retain the legal right and technical ability to immediately remove the link at any time, following a request to do so.

(iii)  The link will not cause the Website or any part thereof to be embedded in or “framed” by any other website, or otherwise displayed in a way different to the way originally intended by USG Boral.

USG Boral reserves the right to require you to immediately remove any link to the Website and at any time and you shall immediately comply with any request by USG Boral to remove any such link.

10. Privacy Policy

In keeping with our Value of Integrity, USG Boral recognises the importance of the privacy of individuals who have dealings with USG Boral, such as customers and suppliers. USG Boral is bound by the privacy laws in the jurisdictions in which USG Boral operates. USG Boral’s privacy policy outlines how USG Boral collects, uses and manages personal information. Please refer to USG Boral’s Privacy Policy.

10.1 Personal Information USG Boral Collects

USG Boral collects personal information where reasonably necessary for its functions and activities. Personal information that USG Boral may hold includes the following:

• name, address and contact details;
• date of birth;
• details of the products and services provided to an individual by USG Boral;
• details of an individual’s dealings with USG Boral, including records of telephone, email and online interactions;
• photos and CCTV recordings; and
• personal information provided by an individual from time to time.
•  

10.2 How USG Boral Collects Personal Information

USG Boral collects personal information directly from an individual where reasonable and practical. USG Boral may also collect such information from other sources, including:

• other entities who provide services to USG Boral related to the products and services provided to an individual by USG Boral;
• publicly available sources of information;
• an individual’s representatives (e.g. spouse, professional adviser);
• group companies of USG Boral.
•  

When individuals access the USG Boral website, USG Boral may record anonymous information such as IP address, time, date referring URL, pages accessed, type of web browser and operating systems. Cookies are small files which require user permission in order to be installed on a computer’s hard drive. Cookies will only start to perform their functions after such permission is granted. By collecting and analysing data on the user’s browsing patterns, cookies allow web applications to respond to the user as an individual by tailoring a web application’s operations to the user’s specific needs and preferences. Permission for cookies is granted by default in most web browsers. This function may be disabled in the web browser's settings, however, this may disable the full functionality of USG Boral's website. USG Boral may use traffic log cookies to identify which pages are being used. This use is designed to assist USG Boral in gathering data on web page traffic. The gathered data is used only for statistical purposes and is removed from USG Boral's database shortly after. Overall, the data collected by the cookies is used for the purpose of improving the browsing experience on the USG Boral website. Cookies do not grant USG Boral access to the computers used to access the website or any information outside of the browsing activity on USG Boral's website.

10.3 How USG Boral Uses Personal Information and to Whom it is Disclosed

USG Boral collects, uses and discloses personal information generally to provide an individual with products and services requested, to respond to queries and such other purposes directly related to the foregoing. USG Boral may also use personal information to make an individual aware of USG Boral’s other products and services or offerings provided by USG Boral in conjunction with its business partners or associates. USG Boral may not be able to do these things without the individual’s personal information. USG Boral may also collect, use and disclose personal information in connection with prevention of potential or actual unlawful activity, misconduct or transfers of USG Boral’s business or assets.

USG Boral understands the importance of keeping personal information private and only discloses such information to third parties in limited circumstances. Third parties with whom USG Boral usually exchanges information include:

• an individual’s representatives;
• USG Boral’s professional advisers including legal, accounting, auditing and business consulting advisers;
• government and regulatory authorities;
• group companies of USG Boral;
• USG Boral’s business partners; and
• any third party requested or authorised by you.
•  

USG Boral also exchanges personal information with contractors who manage services provided to an individual on USG Boral’s behalf, or who provide services to USG Boral, including:

• mailing services;
• billing and debt recovery functions;
• customer injury services;
• marketing functions;
• website, data management and technology services.
•  

Parties to which USG Boral discloses personal information may be located in other countries and you hereby give your consent to the transfer of your personal information outside of Kingdom of Thailand.

10.4 Accuracy and Correction of Personal Data

An individual shall take reasonable steps to ensure any personal information provided is accurate, correct and up-to-date. If an individual has provided personal data to USG Boral which is wrong or has been updated, a written request should be sent to USG Boral to correct and/or update such personal information. If USG Boral has reasonable grounds to believe that such correction or update should not be made, it shall annotate the personal information with the correction that was requested but not made.

10.5 How USG Boral Stores Personal Information

USG Boral stores personal information at its own premises and with the assistance of its service providers. USG Boral maintains strict procedures and standards and takes a range of steps to prevent unauthorised or accidental access to, or disclosure, alteration or destruction of, personal information and protect an individual’s information from modification, misuse or loss.

Once an individual’s information is no longer needed by USG Boral, reasonable steps are taken to destroy, permanently delete or de-identify it.

10.6 Accessing and Updating Personal Information

In most cases an individual can gain access to or update personal information held by USG Boral. To make a request to access or update personal information held by USG Boral, contact USG Boral in writing. USG Boral may need to verify the individual's identity. USG Boral may charge a fee to cover the cost of retrieving and copying requested information.

10.7 Withdrawal of Consent

An individual may withdraw his/her consent for the collection, use or disclosure of personal information. To withdraw his/her consent for the collection, use or disclosure of personal information held by USG Boral, contact USG Boral in writing. USG Boral may need to verify the individual's identity. USG Boral will inform such individual of the likely consequences of the withdrawal of his/her consent. USG Boral will cease to collect, use or disclose the personal information upon such withdrawal of consent unless otherwise permitted or required by any applicable laws and/or regulations.

10.8 Complaints and Further Information On Both Sites

Further information may be obtained about how USG Boral manages personal information from the Privacy Officer (see contact details below). If an individual believes that USG Boral has breached its privacy obligations or that individual’s privacy rights in any way, a complaint can be made to the Privacy Officer (see contact details below). USG Boral will endeavour to act promptly in response to a complaint.

USG Boral Specialty Products Co., Ltd. Contact Details                                                                                                                                                          29 Moo 7, Thaboonmee,
Ko Chan, Chonburi 20240
Thailand                                                                                                                                                                                                                                          Tel       : +66 38 103 500                                                                                                                                                                                                              Fax       : +66 38 103 501                                                                                                                                                                                                          Email     : ipinfo@usgboral.com