Ball

Legal Notice

TERMS AND CONDITIONS  


Please read these terms carefully before using this site

This Web site (the "Site") is provided by Ball Asia Pacific Limited (BAPL) and may be used for informational purposes only. By using the Site or downloading materials from the Site, you agree to abide by these terms and conditions set forth in these terms and conditions. If you do not agree to abide by these terms and conditions do not use the Site or download materials from the Site.

Limited License 

Subject to the terms and conditions set forth in this Agreement, BAPL grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon for your personal use and for the use of your company. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. 

This Site and its contents are copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site. Except as expressly provided herein, BAPL does not grant any express or implied license or right to you under any patents, trademarks, copyrights or trade secret information, or otherwise, and retains all rights related thereto. 

Your Registration Obligations 

In consideration of your use of the Customer Portal Service (“the Service”), you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BAPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BAPL has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). BAPL is concerned about the safety and privacy of all its users. For this reason, please authorize appropriate officers of your company to access and use the Service.

Member Account, Password And Security 

You will receive a password and account designation upon completing the Service's registration process. You and your authorized officers are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BAPL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BAPL cannot and will not be liable for any loss, liability or damage arising from your failure to comply with this Section.

Member Conduct  

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means BAPL is not responsible for any Content that you upload, post, email or otherwise transmit via the Service. 

You agree to not use the Service to: 
  1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 
  2. harm minors in any way; 
  3. impersonate any person or entity, including, but not limited to, BAPL, a BAPL official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 
  5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
  6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; 
  7. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
  8. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 
  9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any securities, exchange control and other authorities, any rules of any securities exchange and any regulations having the force of law; 
  11. collect or store personal data about other users.
You acknowledge and agree that BAPL may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and condition; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BAPL, its users and the public.  

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

Special Admonitions For International Use  

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 

Trademarks 

BALL, the BALL logo and names of plants and products of BALL and BAPL are trademarks or registered trademarks of Ball Corporation and BAPL respectively. All rights reserved.

Disclaimer

THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. BAPL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION, IT SHALL BE AT YOUR SOLE RISK. BAPL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. BAPL MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. 

Third Party Sites 

This Site may contain links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. BAPL makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that BAPL or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of BAPL or any of its affiliates or subsidiaries. 
 
External Links to the Site 

No external link will be permitted without the express written permission of BAPL, which it may withhold or withdraw in its sole discretion.

Information Provided By You 

Any personally identifiable information you may provide to BAPL via this Site is subject to the BAPL Privacy Policy. BAPL does not want you to, and you should not, send any confidential or proprietary information to BAPL via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to BAPL will not be considered confidential or proprietary. By providing any such information or materials to BAPL, you grant to BAPL an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that BAPL is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to BAPL. You further recognize that BAPL does not want you to, and you warrant that you shall not, provide any information or materials to BAPL that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitations of Liability 

IN NO EVENT SHALL BAPL OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA, THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF BAPL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
 
Changes 

BAPL reserves the right, in its sole discretion, to change, modify, add or remove any portion of these terms and conditions in whole or in part, at any time. Changes in these terms and conditions will be effective when notice of such change is posted. Your continued use of the Site after any changes to these terms and conditions are posted will be considered acceptance of those changes. 

BAPL may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. BAPL may restrict your access to parts or all of the Site without notice or liability. BAPL may terminate the authorization, rights and license given above. 

Governing Law 

This Site is controlled, operated and administered by BAPL from its offices within the Special Economic Region of Hong Kong, PRC (HK). BAPL makes no representation that materials at this site are appropriate or available for use at other locations outside of HK and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export data on this Site in violation of HK export laws and regulations. If you access this Site from a location outside of HK, you are responsible for compliance with all local laws. 

These terms and conditions of use shall be governed by the laws of the Special Economic Region of Hong Kong, PRC. without giving effect to its conflict of laws provisions. 

These terms and conditions constitute the entire agreement between BAPL and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. 

PRIVACY POLICY 

BAPL is committed to protecting any personal information that you may provide to us. In particular, we believe it is important for you to know how we treat information about you that we may receive from this Web site. 

Information Collected 

In general, you can visit this Web site without telling us who you are or revealing any information about yourself. Our web servers do collect and log the domain names and IP addresses of visitors to our Web site. However, we do not routinely collect visitors’ email addresses.

There are portions of this Web site where we may need to collect personal information from you for a specific purpose, such as to provide you with certain information you request. The information collected from you may include your name, address, telephone, fax number, or e-mail address. In addition, certain affiliates of BAPL may allow those wishing to apply for employment to submit resumes and cover letters to the Human Resources Department for consideration. By submitting this information, you expressly consent to the use of this information by BAPL and its affiliates in the employment selection process and for related purposes. BAPL will use this information only for employment purposes and will handle this information in accordance with its Human Resources policies. Information submitted will not be returned to the applicant and will be retained by BAPL.

This Web site is not intended for persons under 13 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children. 

Use of Collected Information 

Domain name and IP address information that we collect is not used to personally identify you and instead is aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. We use this information to measure the use of our site and to improve the content of our site. When other information is collected from you, such as your name and e-mail address, we generally let you know at the time of collection how we will use the personal information. Usually, we use the personal information you provide only to respond to your inquiry or to process your request. This information may be shared with other BAPL businesses, but only if necessary to fulfill your request or for related purposes. 

We may share the personal information you provide with other companies we have hired to provide services for us. These companies are contractually bound to use personal information we share with them only to perform the services we have hired them to provide. Except as set out in this Policy, we do not share, sell, or lease personal information about you to any third-parties for their marketing use. We will release information about you if you direct us to do so, if we are required by law to do so, or in other legally limited circumstances. In addition, we may use a technology called “cookies” to provide you with tailored information. A "cookie" is a set of data that a web site server stores on your computer. Cookies enable web sites to recognize your computer and to "remember" your entries as you move from page to page, or even when you revisit the site from time to time using the same computer. You may set your browser to notify you when you receive a cookie. 

Links to Other Sites 

BAPL's Web site may contain links to other sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites. 

Security of Collected Information 

We maintain commercially reasonable physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those BAPL workers who need to know the information to respond to your inquiry or request. Workers who misuse personal information are subject to disciplinary action. 

Access to Collected Information 

You may review and update the information that you submit to us through this Web site by contacting us as described below.

Applicable Websites 

This policy applies to the following web sites:www.ball.com/as and others that may be added in the future.

Contacting Us 

If you have any questions about this privacy policy, please contact our Administrator. We welcome your questions and suggestions about our privacy policy. 

Changes to this Policy 

Please check this privacy policy periodically to learn of any changes. We reserve the right to modify or supplement this privacy policy from time to time, we will provide notice to you on this Web site of any major changes for at least 30 days following the change. 

Applicable Law 

The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. We are located in HK, as are the servers that make this site available worldwide. All matters relating to this site are governed by the laws of HK.