1. Scope of application
Use of the Komax Website is only permitted under the Terms specified here. If the user does not agree to these Terms, the Komax Website may not be used. Komax may change or replace these Terms at any time, unilaterally and without prior notice.
2. Intellectual property
All content made available on the Komax Website is the property of Komax. It is not permitted to use this content for any other purpose than the intended use without the written consent of Komax. Komax grants the user a non-transferable and non-exclusive right to use the contents of the Komax Website. Under no circumstances does the user acquire any further rights to the content that has been made available. Komax has no obligation to grant individual users rights to company names, know-how or industrial property rights, such as patents, brands or samples.
The user is not entitled to the release of the source code.
3. Services on the Komax Website
Information, documentation, software and other content are only made available on the Komax Website for retrieval or download under the present Terms or any additional Terms agreed to in writing.
Komax is entitled to discontinue operation on the Komax Website in whole or in part at any time. Komax does not guarantee the uninterrupted availability of the Komax Website. Any liability in this connection is excluded.
There is no assurance that all products or services listed on the Komax Website will be available in all countries supplied.
Some pages of the Komax Website are password-protected, and access is only possible for registered users. There is no entitlement to registration and access to the Komax Website. Komax can reject a registration without cause. Komax also reserves the right to move freely accessible pages to the protected area at any time.
In order for a registration to be validly concluded, the information required by Komax must be truthfully stated. Once the information has been verified, a link to set the password will be sent to the user electronically. If there are any changes to the registered information, the user must immediately report them to the body named on the Komax Website. Komax excludes any liability for damage caused by incorrect information.
It is the responsibility of the user to keep their access data confidential. Disclosure of access data to third parties is not permitted. The user shall fully indemnify Komax in full for all damage caused by negligent handling of the access data. Any misuse of the user data must be reported immediately to the body named on the Komax Website. In this case, the password-protected area will be blocked. The block will only be lifted at the written request of the user.
At the request of the user, the user account can be canceled and/or the access data deactivated. Any contractual relationships still in force may delay the cancellation of the user account.
The processes carried out on the Komax Website as well as the registration data are archived for the legally prescribed retention period. The archived data is backed up for the duration of the statutory retention period.
The access authorization for the user account can be revoked without giving reasons, in particular:
- Incorrect information was provided during registration
- In the event of a breach of the due diligence obligations in the handling of access data
- In the event of unlawful use or violation of applicable law.
This list is not exhaustive.
Komax reserves the right to regularly check that the registered user accounts are up-to-date and to have them verified by the user by email. If the verification sent by email does not take place within 30 days, Komax can block or delete the user access with the associated data.
5. Archiving and statistical recording of data
The actions taken on the Komax Website, in particular orders and the exchange of information with the user personally as well as the information provided during registration, shall be retained for the prescribed retention period, insofar as there is a legal obligation.
The user acknowledges that all actions taken on the Komax Website can be evaluated for statistical purposes, regardless of whether the user is registered or not.
6. Rights of use for information, software and documentation
The software, information and documentation contained on the Komax Website may not be handed over to third parties, either for payment or free of charge, without prior written agreement with Komax.
For software downloads, the respective license and conditions of use of the software provider shall also apply.
If a user authorizes an employee of Komax to place an order and the user acts on behalf of a company or legal entity, their actions and knowledge shall be attributed to the company or legal entity. If the user's actions are not approved by the company, the rights and obligations shall be assigned to the user personally.
8. Obligations of the user
The user may only use the Komax Website for lawful use in the sense of interaction with Komax. Damage, unlawful modification or rendering the content used inoperable is not permitted. Komax reserves the right to block access to the Komax Website in the event of suspected unlawful use.
9. Insolvency of the user
In the event of insolvency, Komax shall be entitled to block the access of the respective user. This right shall also apply if payments due that have not arisen in connection with the Komax Website are outstanding. Komax may delete the access if the insolvency persists or if bankruptcy or debt enforcement proceedings are initiated.
Komax excludes all liability and warranty in connection with the use of the Komax Website to the extent permitted by law. In particular, Komax assumes no liability or warranty for any damage of any kind arising from the provision of information, software or documentation free of charge.
Although Komax always strives to keep the Komax Website free of data with harmful content, this cannot be guaranteed with absolute certainty. The user is strongly advised to provide adequate virus protection. Komax accepts no liability for damage caused by data with harmful content.
Furthermore, Komax does not guarantee the accuracy of the Komax Website or the information contained therein.
The Komax Website contains references to other websites. Komax assumes no responsibility for the content of these websites. The content of the linked websites is not controlled by Komax and cannot be influenced by Komax. Use of the hyperlinks is at the user’s own risk.
13. Applicable law and place of jurisdiction
The legal relationship between the user or the company or legal entity represented by the Komax Website and Komax is subject to substantive Swiss law to the exclusion of the United Nations Convention on the International Sale of Goods (CISG).
The place of jurisdiction is Dierikon, Switzerland. The ordinary courts shall have jurisdiction. However, Komax is entitled to take legal action against the user at their place of residence or at the registered office of the company represented by them.
In the event of any contradictions between the German and other language versions, only the German version of these Terms shall be legally binding.
Valid as of Octorber 2022