This policy explains the terms which apply to users of any web sites operated by, or on behalf, of Kigen (UK) Limited (together “Kigen Website”). Kigen Limited, a company registered in England and Wales with company number 12780803 (“We/Us/Our”). Registered office address: Kigen, c/o Mishcon de Reya, Four Station Square, Cambridge CB1 2GE, Cambridgeshire, United Kingdom. Kigen Limited is a private limited company acting on behalf of itself and its subsidiaries.
These terms and conditions of use incorporate the following additional terms and conditions and policies:
By using an Kigen Website, you consent and agree to be bound by and abide by these Terms and Conditions of Use (“Terms”).
You may register for an account on an Kigen Website (an “Account”) and must do so in accordance with the following terms:
You are responsible for the security of your Account. Kigen is not liable for any loss or damage arising from your failure to keep your Account secure. You will notify Kigen immediately if your Account information is lost, stolen, or otherwise compromised.
You agree to use an Kigen Website only for lawful purposes and in accordance with these Terms and any applicable licenses provided with content. For example, you will not use an Kigen Website in a way or provide content to an Kigen Website that:
We reserve the right to temporarily or permanently suspend, disable, or limit your access to an Kigen Website or remove content. We may report any illegal act to the relevant law enforcement authorities.
Violence towards or abuse of Kigen staff will never be tolerated. This includes behaviour or language, spoken or written, that may cause staff to feel afraid, threatened or abused. Kigen will not tolerate this behaviour in any type of interaction with Kigen staff, including Live Chat and Kigen support services. Our staff will always try to assist you with any issues you may have, but if you behave in a rude, offensive, abusive or intimidating manner then our staff reserve the right to terminate the interaction with you. We may also report any illegal act to the relevant law enforcement authorities.
All intellectual property rights (including copyright) in the look and feel of any Kigen Website are owned by Kigen Limited (or its affiliates). All intellectual property rights (including copyright) in the content of any Kigen Website are owned by Kigen Limited (or its affiliates) or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Kigen Website without our express written permission.
When using any Kigen Website, you may be able to access or download certain content, such as source code, binary code, and documentation, provided by: a) Kigen (“Our Content“); or b) other Account holders or third party providers (“Third Party Content“).
Any such Kigen Content or Third Party Content is governed by the license that accompanies it. By using or downloading any Kigen Content or Third Party Content, you agree to the applicable license. It is your responsibility to ensure you have proper permission for your use of the content. If you are unclear as to what license applies to any content, it is recommended that you ask the author of the content.
With respect to material, including but not limited to still images, video footage, audio product or visual representations, contained within the pages of the Kigen Website kigen.com, we only grant you permission to download the material for personal use. We do not grant you a right for republication, retransmission, reproduction or other use of such material.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way or remove the copyright notice from any such copies, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Any of the material on the Kigen Website may be out of date or include omissions, inaccuracies or other errors at any given time, and we are under no obligation to update such material. Commentary and other materials posted on the Kigen Website site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Kigen Website, or by anyone who may be informed of any of its contents.
You may upload or otherwise provide certain content such as source code, binary code, documentation, or forum posts to an Kigen Website via your Account (“Your Content“). You are responsible for keeping your own backups of any material uploaded or otherwise provided to an Kigen Website. You represent and warrant that you have the right to provide Your Content to Kigen, the Kigen Website and its users. You retain ownership of Your Content. It’s your responsibility to make clear the license under which you are providing Your Content.
By providing Your Content to an Kigen Website, you hereby grant to Kigen a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, adapt, modify, and publish Your Content to the extent necessary to operate the Kigen Website.
If you close your Account, Your Content which has been made public will remain accessible on the Kigen Website.
We would like you to provide any suggestions, comments, feedback, ideas, input or know-how you may have on improving any Kigen Website (“Feedback“). You represent and warrant that any Feedback is not confidential and does not contain any proprietary information which you do not have the right to provide to Kigen. You hereby grant to Kigen a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, adapt, modify, and publish your Feedback.
If you use any of Kigen trademarks then you must do so in accordance with the guidelines set out in the Kigen Trademarks section of this website. For the avoidance of doubt, you may not use any Kigen logo without express prior permission from Kigen. If you wish to use an Kigen logo, please get in touch.
Please contact Kigen at the address below if:
Take Down Officer
Legal Department
Kigen (UK) Limited
c/o Mishcon de Reya
Four Station Square
Cambridge CB1 2GE
Cambridgeshire
United Kingdom
By notifying Kigen of an alleged infringement you represent, under penalty of perjury that the information in the notification is accurate and that giving false, misleading or inaccurate information may result in civil or criminal liability.
Upon receipt, Kigen will review your notification and decide whether or not further action will be required. Such action may include without limitation, editing or removing the relevant material. Please contact us if you wish to report any abuse of Kigen intellectual property rights by a third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND US, KIGEN PROVIDES NO WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE UNDER THESE TERMS AND IN RESPECT OF ANY KIGEN WEBSITE, ANY CONTENT PROVIDED ON ANY KIGEN WEBSITE (INCLUDING THIRD PARTY CONTENT), AND/OR ANY SERVICES PROVIDED ON ANY KIGEN WEBSITE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO ANY KIGEN WEBSITES AND INTERRUPTIONS, CRASHES, AND DOWNTIME ARE BEYOND KIGEN’S CONTROL AND MAY OCCUR FROM TIME TO TIME. ALL INFORMATION PROVIDED DIRECTLY ON THE KIGEN WEBSITE OR INDIRECTLY THROUGH THE KIGEN WEBSITE BY HYPERTEXT LINK OR OTHERWISE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS ANY KIGEN WEBSITE THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE ANY KIGEN WEBSITE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING IN CONNECTION WITH THESE TERMS INCLUDING FROM YOUR ACCESS TO, USE OF, OR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH, THE KIGEN WEBSITE AND/OR ANY SERVICES PROVIDED ON THE KIGEN WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, UPDATES OR CORRECTIONS TO THE INFORMATION ON THE KIGEN WEBSITE AT ANY TIME WITHOUT NOTICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM LIABILITY OF KIGEN TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST KIGEN IN CONTRACT, TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE WEBSITE, YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE SITE, ANY CONTENT PROVIDED ON THE SITE (INCLUDING THIRD PARTY CONTENT), AND/OR ANY SERVICES PROVIDED ON THE SITE, SHALL NOT EXCEED £100,000.
THIS STATEMENT DOES NOT AFFECT ATTEMPT TO EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to hold harmless and indemnify Kigen from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or due to: (a) direct or indirect use of Your Content, including any claim of alleged infringement or misappropriation of third party rights; (b) your breach of any of the representations and warranties herein; or (c) your violation of any applicable law or regulation.
We process information about you gained from your use of the Kigen Website in accordance with our privacy policy and Our cookie policy.
Contracts for the supply of goods, services or information formed through the Kigen Website or as a result of visits made by you are governed by our terms and conditions notified to you during each individual transaction.
Where the Kigen Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the third party sites and resources. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites, you do so at your own risk.
The following notices explain specific Terms and Conditions with respect to certain Kigen products or services that you may use on Kigen Websites.
Access to the Kigen Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the information we provide on the Kigen Website without notice. We will not be liable if for any reason the Kigen Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of an Kigen Website, or an entire Kigen Website, including, to users who have registered an Account with us.
Kigen Commitment to Compliance with Export Controls and Sanctions
It is Kigen policy to operate in strict compliance with all applicable export controls, sanctions laws and regulations, applicable customs requirements, and related reporting requirements, as explained in the “Kigen’s Commitment to Compliance with Export Controls and Sanctions” statement from CEO Vincent Korstanje.
As an Kigen customer, partner, employee, contractor, or other entity doing business with Kigen, receiving or using Kigen products and technologies, or using the Kigen Website, You must adhere to the applicable export and customs laws and regulations. Failure to comply is a serious offense and could result in civil or criminal charges and penalties, as well as significant reputational harm and loss of export privileges.
Export Control Classification Number (ECCN) or related information for Kigen products and technologies is available upon request.
We cannot guarantee that any Kigen Website will be free from viruses or other harmful material so please update your computer’s virus protection software regularly.
The provisions contained in each clause and sub-clause of these Terms and Conditions of Use shall be enforceable independently of each of the others and if a provision of these Terms and Conditions of Use are, or becomes, illegal, invalid or deemed unenforceable by any court or administrative body of competent jurisdiction it shall not affect the legality, validity or enforceability of any other provisions of these Terms and Conditions of Use. If any of these provisions is so held to be illegal, invalid or unenforceable but would be legal, valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it legal, valid or enforceable.
Except as expressly provided otherwise in a signed agreement between you and Kigen, these Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.
Failure or delay to enforce any provision of these Terms and Conditions of Use shall not be deemed a waiver of future enforcement of that or any other provision.
These Terms and Conditions of Use are governed by the laws of England and Wales.
In the event of any dispute arising out of or in connection with these Terms and Conditions of Use, the parties agree to submit to either the jurisdiction of the English courts or the jurisdiction of your country of residence’s Courts.
Copyright © 2020 Kigen (UK) Limited (or its affiliates). All rights reserved.
Changes to these Terms and Conditions of Use
We may revise these Terms and Conditions of Use at any time by amending this page, and where appropriate, by notification on Our Kigen Website. You should check this page from time to time to review any changes We have made. Some of the provisions contained in these Terms and Conditions of Use may also be superseded by provisions or notices published elsewhere on Our Kigen Websites.
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