The following sets out the conditions of use of the Castrol website. Any reference in this site to "Castrol" and the "Castrol Group" shall mean Castrol , and its parent company "Castrol Ltd." and affiliates.
The Legal Statement states that “personal information will be treated in accordance with the Privacy Statement,” which in turn clarifies in more detail what BP Philippines (formerly known as Castrol Philippines) may and may not do with respect to personal information. The Legal Statement further states that “other than in respect of personal information” BP Philippines (formerly known as Castrol Philippines) “will have unlimited rights to [other] information,” which “shall be deemed non-confidential” and that it “may use such information in any way [it chooses].”
Whether or not this reservation of “unlimited rights” to any information “other than personal” is permissible under Philippine law depends upon whether it makes a distinction between personal or non-personal or non-confidential information. We prefer to discuss this point together with other related issues in the section below on the Privacy Statement.
All the contents of this website and downloads from it are owned directly by Castrol, or indirectly through its affiliates unless otherwise stated. All rights reserved.
It is perfectly valid for BP Philippines (formerly known as Castrol Philippines) as copyright owner to reserve its rights to the copyrighted materials and trademarks used on the website, and to impose restrictions on the users’ access to and copying of such materials. Hence, allowing the users to make copies “as necessary incidental acts during their viewing” of the contents or to take a “print for their personal use” are permissible limitations, which will be enforceable in the Philippines.
Similarly, prohibiting the users from “framing this site” or linking “to a page other than the home page without our express permission” will be enforceable.
As owners of the website and its contents, BP Philippines (formerly known as Castrol Philippines) has the right to protect users of the website from any possible confusion that may arise from the practice of “framing” – which tends to misrepresent the authorship of the framed site – or that of “deep linking” – which also falsely suggests that the linked site is still part of the Castrol website.
For the same reasons mentioned above, it is lawful for BP Philippines (formerly known as Castrol Philippines) to disclaim any liability for the contents of any unrelated websites which hyperlink their contents to BP Philippines (formerly known as Castrol Philippines)’ website. This may create a false association with BP Philippines (formerly known as Castrol Philippines) or suggest sponsorship by it, when in reality it is difficult for a website owner to prevent unrelated websites from linking with its website.
Hence, the disclaimer of any responsibility for the contents of these unrelated websites and the clarification that BP Philippines (formerly known as Castrol Philippines) does not assume any responsibility for their contents are valid and enforceable.
The statement that the terms and conditions of use of the website and downloads from it shall be governed by Philippine laws is consistent with the territorial principle since the website contents are “targeted” at or intended for Philippine residents. The provision that Philippine courts shall have exclusive jurisdiction over any dispute arising out of the use of the website is also enforceable for that same reason.
The severability provision, which allows the continued enforceability of lawful stipulations despite the nullity or unenforceability of other provisions, is also a valid stipulation.
©BP Lubricants USA Inc. 2019