Conditions of use

November 2015

 

1. Scope

The use of the Komax website is permitted only under these Conditions of Use. If you do not consent to the following conditions, you must refrain from using the Komax website. Komax AG is entitled to supplement or re-place these conditions at any time unilaterally and without prior notice.

2. Intellectual Property

All content made available on the Komax website is the property of Komax AG. This content is not allowed to be used for any other than the intended purpose of use without written consent. Komax AG grants the user a non-transferrable and non-exclusive right to use the content of the Komax website. In no case does the user acquire further rights of whatever kind to the content that has been made available. There is no granting of rights, for example, to company names, expertise and industrial property rights such as patents or utility patents nor does Komax AG have a corresponding duty to grant individual users such rights.
The user has no right to be given the source code.

3. Performances on the Komax website

The Komax website contains information, sets of documentation, software and further content available for opening or downloading.
Komax AG is entitled to cease operation of the Komax website at any time, in part or as a whole. Komax AG gives no guarantee for the uninterrupted availability of the Komax website. Any liability in this regard is excluded.
The information, sets of documentation, software and further content contained on the Komax website are made available only under these conditions or where applicable, under conditions additionally agreed to in writing.
There is no assurance that the products presented on the website are available in all countries being supplied.

4. Registration

For security reasons, several pages of the Komax website are password-protected and only accessible by registered users. There is no automatic right of registration and access for the Komax website. In particular, Komax AG is entitled to turn down a registration without citing a reason for doing so. In addition, Komax AG reserves the right to shift freely accessible pages at any time into the protected area of the website.
A user must be truthful when providing the information requested by Komax AG before his registration can be validly completed. After the information is checked, the user is electronically sent a link for password determination. The user is responsible for ensuring that all information he provides for the registration is truthful. If the registered information should change, the user is responsible for reporting these changes immediately to the party indicated on the Komax website.

Komax AG accepts no liability for any losses incurred by incorrect information.

The user is not allowed to make his access data known to third parties.

It is the user’s responsibility to treat his access data confidentially. The user saves Komax AG fully harmless against all claims for damage occurring as the result of negligent treatment of access data. Any misuse of user data must be reported immediately to the party indicated on the Komax website. Access to the password-protected area is blocked in such cases. The blockage is canceled only in response to a written request.
The user can have his account closed by request. The transactions conducted on the Komax website and the registration data are archived for the time required by law. The access data is deactivated. Any contractual relationships still in force can delay the closing of the user account.
Komax AG can revoke the access authorization for the user account of registered users on Komax Website without citing its reasons for doing so. This can be done especially in the following cases:
•    When false information was given at the time of registration
•    If the above conditions were violated, particularly as regards duties of care in handling access data
•    In the event of unlawful use or a violation of valid law.
This list is not exhaustive.
Komax AG reserves the right to check registered user accounts regularly to determine whether they are up-to-date and to have this up-to-date status verified by the user. This check is conducted electronically by e-mail. If e-mail verification is not sent back within 30 days, the user’s access to the Komax website will be disabled along with the associated data.

5. Archiving and statistical recording of data

Actions undertaken on the Komax website, particularly the orders placed and any exchange of information conducted personally with the user as well as information provided during registration will be kept in custody at the headquarters of Komax AG in Dierikon, Switzerland, for the legally prescribed period of 10 years, provided a legal duty to do so exists.
The user takes due notice that all actions he undertakes on the Komax website can be tracked regardless of whether the user is registered or not registered

6. Rights to use information, software and sets of documentation

The software, information and sets of documentation contained on the Komax website are not permitted to be given to third parties either free of charge or for consideration. Any provisions deviating from the above must be agreed in advance in writing.
For software downloads, the provisions indicated there apply.

7. Representation

If a user authorizes an employee of Komax AG to place an order and the former is doing so on behalf of a company or a legal entity, his actions and his knowledge will be attributed to the company or the legal entity. If his actions are not approved by the company, the rights and duties are personally allocated to the user.

8. Duties on the part of the user

The user is allowed to use Komax website only for lawful use for interaction with Komax AG. Komax AG reserves the right to disable access if it suspects unlawful use. Moreover, the user is not allowed to damage content used on the Komax website, to alter it unlawfully or to render it unusable.

9. Default by the user

If the user defaults, Komax AG is entitled to disable his access. This right exists even if due payments not connected with the Komax website are outstanding. If this inability to pay persists or bankruptcy or debt collection proceedings are initiated, Komax AG is entitled to cancel the account. The archived data is kept in custody for the legally prescribed period.
Komax AG reserves the right to deliver orders only upon advance payment.  

10. Liability

Komax AG excludes any and all liability and warranty in connection with the use of the Komax website to the extent permitted by law. Komax AG excludes any and all liability and warranty for damages of any kind arising in particular from information, software or sets of documentation being handed over free of charge.
Despite its constant efforts to keep the Komax website free of data with damaging content, Komax AG cannot guarantee with absolute certainty its success in doing so. The user is urgently recommended to ensure appropriate virus protection. Any and all liability is excluded for damage arising from data with damaging content. For the rest and in particular with regard to orders, the General Terms and Conditions of Business of Komax AG apply. Komax AG likewise does not guarantee that its website or the information on it is free of errors.  

11. Data protection

The data necessary for registration is treated confidentially and saved on the server at the headquarters of Komax AG, in Dierikon, Switzerland. Data is processed only for the purpose and in the scope necessary for satisfying and rendering the performances desired by the user. In this scope and for this purpose, data is permitted to be passed on also to third parties in Switzerland or abroad in connection with entering into or carrying out a contract.
The provisions of the Swiss Federal Act on Data Protection apply, with account taken of the international standards of data protection recognized in Switzerland, particularly the Convention of the Council of Europe for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention STE 108) and its additional protocol.  

12. Hyperlinks

The Komax Website contains links to other websites not belonging to the Komax Group. Komax AG or Komax Holding AG accepts no responsibility whatsoever for the content on these websites. Komax AG neither controls the content of the linked websites nor does it have any influence on that content. If the user utilizes hyperlinks, he does so at his own risk

13. Applicable law and legal venue

The relationship that came into being through the use of the Komax website between the user or the company or legal entity he is representing on the one hand and Komax AG on the other is subject to substantive Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The legal venue is Dierikon. Courts of law have jurisdiction. However, Komax AG is entitled to bring an action against the user at his place of residence or at the seat of the company he is representing. The mandatory legal venues apply for consumer disputes.
Only the German version of these Conditions of Use and Data Protection Guidelines are legally binding.