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Website Usage Terms And Conditions

Scope

These terms and conditions govern any use of this website. The terms and conditions may be amended, modified or replaced by other terms and conditions. With log-in, or where a log-in is not required, in accessing or using this website, these terms and conditions are accepted in their then current version in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Knief & Co.’s use of cookies in accordance with the terms of Knief & Co.’s privacy policy / cookies policy, which is available per hyperlink on this website.

Content

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Right of  use

Unless otherwise stated, Knief & Co. and/or its licensors own the intellectual property rights in the website, the  material on the website, the design and the source code.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution

without the prior written permission of Knief & Co.

Where content is specifically made available for redistribution, it may only be redistributed.

Duties of the user

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Knief & Co.’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Knief & Co.’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Knief & Co. reserves the right to restrict access to other areas of this website, or indeed this entire website, at its own discretion.

If Knief & Co. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Knief & Co. may disable your user ID and password in Knief & Co.’s sole discretion without notice or explanation.

No warranties

This website is provided “as is” without any representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Without prejudice to the generality of the foregoing regulation, Knief & Co. does not warrant that this website will be constantly available, or available at all.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability, viruses and other malicious computer software

Knief & Co. will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss or damage;
  • for any indirect, special or consequential loss or damage; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Knief & Co. has been expressly advised of the potential loss.

The information on the website may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases ( e.g. due to product changes ). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

In spite of careful contents-related examination we don‘t assume any liability for the contents of external links. For the contents of the linked websites their operators are carrying the exclusive responsibility

Although Knief & Co. makes every endeavour to keep this website free from viruses and other malicious computer software, Knief & Co. cannot make any guarantee that it is virus-free and free from other malicious computer software. The user shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information or materials.

Exceptions

Nothing in this terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this terms and conditions will exclude or limit Knief & Co.’s liability in respect of any:

  • death or personal injury caused by Knief & Co.’s negligence;
  • fraud or fraudulent misrepresentation on the part of Knief & Co.; or
  • matter which it would be illegal or unlawful for Knief & Co. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website usage terms and conditions are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Knief & Co. has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Knief & Co. officers and  employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing regulations, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Knief & Co.’s agents, subsidiaries, successors, assigns and sub-contractors as well.

Indemnity

You hereby indemnify Knief & Co. and undertake to keep Knief & Co. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Knief & Co. to a third party in settlement of a claim or dispute on the advice of Knief & Co.’s legal advisers) incurred or suffered by Knief & Co. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Knief & Co.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Knief & Co. may take such action as Knief & Co. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Knief & Co. may transfer, sub-contract or otherwise deal with Knief & Co.’s] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If any term, provision or restriction of this terms and conditions is, or is found to be, invalid, void or unenforceable under applicable law, that will not affect the enforceability of the other terms, provisions and restrictions of this terms and conditions.  If any invalid, void and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the term, provision or restriction will continue in effect.

Entire agreement, supplementary agreements

These terms and conditions constitute the entire agreement between you and Knief & Co. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. Any supplementary agreement requires the written form.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with, and any disputes relating to or in connection with these terms and conditions or their subject matter will be resolved in accordance with the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods ( CISG ) of 11 April 1980 is excluded.

The place of jurisdiction shall be Bremen if the user is a merchant in terms of the German Commercial Code ( Handelsgesetzbuch ).

Knief & Co. makes no representation that information and/or materials on this website are appropriate or available at locations outside Germany. If users access this website from outside Germany, they are exclusively responsible for compliance with all applicable local laws. Access to this website’s information and materials from countries where such content is unlawful is prohibited.