Imprint
Responsible for the content of this Website:
Kentaro AG
Säntisstrasse 2a
9500 Wil
Switzerland
T: +41 71 914 30 00
F: +41 71 914 30 01
Terms of Use
Introduction
Welcome to Kentarogroup.com (hereinafter the “Website”). Kentaro AG provides the Website, including any content defined below to you subject to the following Terms of Use, which may be updated from time to time. Please note that by accessing the Website you signify your agreement with and understanding of the Terms of Use and any changes to them.
Supervising Children
Kentaro AG is concerned about the safety and privacy of all users, particularly children. For this reason, parents who wish to allow their children access to the Website should supervise their access to the Website. Please remember that the Website is designed to appeal to a broad audience. Accordingly, it is your responsibility as the legal guardian to determine whether the materials on the Website are appropriate for your child.
Indemnity
You agree to indemnify and hold Kentaro AG and its subsidiaries, partners, and employees harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees that may arise in connection with your use and access to the Website, or your failure to comply with the Terms of Use.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the Website, use of the Website, or access to the Website, without the prior written consent of Kentaro AG. Should you be interested in reproducing, duplicating or copying any of the content of the Website, please contact info(at)kentarogroup.com.
Modification to the Website
Kentaro AG reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice at any time. You agree that Kentaro AG shall not be liable to you for any modification, suspension or discontinuance of the Website. Although Kentaro AG will take reasonable care in ensuring the content of the Website is up to date, any of the content may be out of date at any given time and Kentaro AG is not obliged to update such content.
Termination
You agree that Kentaro AG may in its sole discretion, terminate your use of the Website, and remove and discard any content within the Website, for any reason, including, without limitation, for lack of use or if Kentaro AG believes that you have violated or otherwise not complied with any provision of the Terms of Use. Kentaro AG may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Kentaro AG may immediately deactivate any further access to the Website. Further, you agree that Kentaro AG shall not be liable to you in any way for any termination of your access to the Website.
Links
The Website may provide links to other Websites or resources. Because Kentaro AG has no control over such sites and resources, you acknowledge and agree that Kentaro AG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Kentaro AG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, services or any other material available on or through any such site or resource.
In the event that you wish to establish a link to the Website, you expressly agree: (a) not to include the Website into the frame of another Website; (b) not to create any third party association with the Website; (c) to ensure that the link does not state or imply that Kentaro AG approves of, sponsors or endorses any other Website activity, company or entity, or presents Kentaro AG and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages Kentaro AG’s reputation or takes advantage of it.
The link to the Website does not permit you to use any Kentaro AG and/or third party content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights-holder. Kentaro AG reserves the right to require you to remove any link to the Website without notice.
Website and Content Proprietary Rights
You acknowledge and agree that the Website, any necessary software used in connection with the Website, and the content, service marks and logos contained in the content, are owned by or licensed to Kentaro AG, and contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Kentaro AG has absolute editorial control over all such content.
Kentaro AG grants you the permission to view, store, print, reproduce and distribute any pages or download any material from the Website for non-commercial use only provided that:
i) Kentaro AG’s status as the author of the content is always acknowledged;
ii) you include a link to this Terms of Use with any reproduction; and
iii) such content is displayed in accordance with any relevant requirements as may be notified to you by Kentaro AG from time to time.
Except as expressly authorised by Kentaro AG, you agree not to modify, rent, lease, loan, sell, distribute or create derivate works based on the Website or the software, in whole or in part.
Kentaro AG grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its software for the purposes of using the Website in the manner permitted by this Terms of Use, provided that you do not (and do not allow a third party to) copy, modify, create a derivate work of, reverse engineer, reserve assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. The foregoing is subject to applicable statute and other express law. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorised access to the Website. You agree not to access the Website by any means other than through the interface that is provided by Kentaro AG for use in accessing the Website.
Viruses, Hacking and Other Offences
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
By breaching this provision, you may commit a criminal offence in a number of different jurisdictions. We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or any Website linked to it.
Copyrights
All elements of the Website, including (but not limited to) the general design and content, are protected by corporate design, copyright laws, moral rights, registered brands and other laws related to intellectual property rights. Unless expressly stated in this or any other written licensing agreement or other contract with Kentaro AG, no parts of this Website or its content may be reproduced or transferred by any method, and all rights pertaining thereto are the sole property of Kentaro AG, its licensors or partner picture agencies.
You shall be liable to compensate Kentaro AG, its subsidiaries and licensers for any losses, expenses, costs or damages resulting from any violation on your part of these Terms of Use or any unlawful use of the content or the Website.
DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
I) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITED BY THE APPLICABEL LAW, KENTARO AG DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERM OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
II) KENTARO AG MAKES NO WARRANTY OR REPRESENTATION THAT
(i) THE WEBSITE WILL MEET YOUR REQUIREMENTS,
(ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND
(iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
III) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IV) COMMENTARY AND OTHER MATERIALS POSTED ON THE WEBSITE ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KENTARO AG OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THESE TERMS OF USE AND KENTARO AG DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY VISITOR TO THE WEBSITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
LIMITATION OF LIABILITY YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT KENTARO AG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KENTARO AG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE WEBSITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE;
(v) RESULTS OF THE WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT; OR
(vi) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OF THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO.
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS TWO SECTIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF KENTARO AG OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Privacy Policy
What this Privacy Policy Covers
Kentarogroup.com is the Website of Kentaro AG. Kentaro AG is pleased to welcome you to our Website and to see you interest in our company. We take your privacy seriously and attach great importance to protecting personal data. Personal data are only collected, processed and used in full compliance with the applicable data protection regulations. Please find below some information how Kentaro AG handles any personal data gathered before you proceed with the use of the Website.
This declaration does not apply to the practices of companies that Kentaro AG does not own or control, or to people that Kentaro AG does not employ or manage, including without limitation third parties to whom you provide information. Kentaro AG is not responsible for privacy policies or practices of other Websites to which you choose to link from the Website, and Kentaro AG encourages reviewing the privacy policies of those other Websites so can understand how these Websites collect, use and share information.
Information Collection and Use
Personal data consist of information about the personal or factual circumstances of a defined or definable natural person, i.e. data which can be used to disclose your identity. This includes for example information such as your name, where you live, your post address, your email address etc. (if any). We do not collect personal indentifying information when you access the Website and only store this data if you have made them explicitly made available to us.
Information Sharing and Disclosure
Kentaro AG and its subsidiaries only use personal data for technical administration of the Website, for example to allow you to download information and to communicate with you. In doing so, we attach great importance to ensuring that we only collect data which are absolutely necessary. Any forwarding of your personal data to third parties also takes place only in this same context. Furthermore, your personal data are not forwarded to any third parties or used for any other purpose.
Kentaro AG collects and stores non-personal information automatically (i.e. not depending on registration) in its server log files. This refers to information transmitted to us by your browser, for example: browser type/version, number of visits, visited pages, used operating system, referrer URL (previously visited Website), host name of the accessing computer (IP address) and used search terms.
This information is used to customise the content and make the Website more attractive. These data are not used or processed in any other way, not forwarded to third parties or linked with other data sources. The data are deleted following statistical evaluation.
Kentaro AG takes adequate precautions to protect your personal data from unauthorised access, corruption and similar. However, the Internet is an open system and we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.
If you email with Kentaro AG, you should note that the secrecy of Internet email is uncertain. By sending sensitive or confidential email messages of information which are not encrypted you accept the risk of such uncertainty and possible lack of confidentiality over the Internet.
Changes to this Privacy Policy
This policy may be amended from time to time. If these data protection guidelines should be amended, attention will be drawn to the changes in these guidelines, on the Website and in other suitable places. If we make any substantial changes in the way that we use your personal information we will notify you be posting a prominent announcement on the Website.
