General Terms and Conditions
1.1. These General Terms and Conditions (the “T&Cs”) govern the entire relationship between you the Client and the Company.
1.2. BY ACCESSING AND USING THE WEBSITE OR SUBSCRIBING A NEWSLETTER YOU AGREE TO BE BOUND BY THESE TERMS.
1.3. THE CLIENT IS OBLIGED TO CAREFULLY READ THESE T&C’S BEFORE USING THE WEBSITE OR THE SERVICES OF THE COMPANY. THE CLIENT AGREES THAT HIS/HER USE OF THE WEBSITE OR SERVICES ACKNOWLEDGES THAT THE CLIENT HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY IT.
Definitions
2.1. Unless these T&Cs provide otherwise, wherever used in these T&Cs, including the introductory part, the following terms when capitalized shall have the following meanings:
| (a) | Agreement | shall mean these T&Cs for using the Website and/or providing Services concluded online by the Company and the Client. |
| (b) | Client | shall mean the user of the Company’s Website and Services as explained in these T&Cs. |
| (c) | Company | shall mean UAB “Kilo grupe”, company code 303157579, registered address at Antakalnio str. 17, LT-10312 Vilnius, Lithuania, email [email protected], which is responsible for providing the Services and handling Client’s inquires. |
| (e) | Privacy Policy | shall mean the privacy policy of the Company published on the Website. |
| (f) | Services | shall mean newsletter subscription and the Digital content provided by the Company to the Client as well as the accessibility to the Website, including information, text, images offered or provided there. |
| (g) | Digital content | shall mean textual and visual information (including but not limited to health trends reports) showed online on the Website and/or sent to the Client email (in case of newsletter subscription) by the Company. |
| (i) | Website | shall mean the website of the Company available at https://kilo.health/2023-trends/. |
3. Use of Services
3.1. The Company makes reasonable efforts to ensure that Services operate as intended, however such Services are dependent upon internet and other services and providers outside of the control of the Company. By using Company`s Services, the Client acknowledges that the Company cannot guaranty that Services will be uninterrupted, error free or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. The Client expressly assumes the risk of using or downloading such Services.
3.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS AND/OR USE OF THE COMPANY WEBSITE AND SERIVCES IS AT YOUR SOLE RISK, AND THE COMPANY WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE COMPANY MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) ANY ERRORS IN WEBSITE OR SERIVCES WILL BE CORRECTED. THE COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
3.3. From time to time and without prior notice to the Client, Company may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to the Client, and the Client use of the Services do not entitle the Client to the continued provision or availability of the Services.
3.4. The Client furthermore agrees that:
3.4.1 he/she shall not access Services if he/she is under the age of 18;
3.4.2 the Client will deny access of Services to children under the age of 18. The Client accepts full responsibility for any unauthorized use of the Services by minors.
4. Intellectual Property Rights
4.1. All intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights and any other proprietary rights in or related to the Services and Services-related content are owned by the Company.
4.2. The Client is forbidden to reproduce, publish Services including but not limited to Digital content supplied and/or provided by the Company in whole or in part without Company`s prior written consent.
4.3. No part of these T&Cs can be interpreted as a transfer of intellectual property rights in relation to the Services or Services-related content, except as expressly set forth in Section below.
5. Use of Digital content
5.1. All intellectual property rights specified in Article 4.1 and relating to Digital content are owned by the Company. Digital content is licensed pursuant to this Section 5 and is not sold. The Client will only be granted a non-exclusive, non-transferable, and non-sublicensable licence, subject to the terms and conditions of this Agreement, to use (solely for the Client’s individual use) any Digital content provided by Company to the Client.
5.2. The term of this licence shall be granted for a term of 5 years from the date of receiving Digital content, unless earlier suspended or terminated in accordance with these T&Cs.
5.3. Unless expressly otherwise provided, Digital content must only be intended for personal and non-commercial use.
5.4. The Client is not authorised to edit, reproduce, transmit or lend the Digital content or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the licence provided by the Company.
5.5. The Company is authorised for the purpose of enforcing intellectual property rights, impose restrictions on the scope of the licence or the number of devices or types of devices on which Digital content can be used.
5.6. If the Client acts in contravention of this article, the Company will be authorised to suspend access to the relevant Digital Content, notwithstanding Company`s right to recover from the Client the loss suffered as a result of or in connection with the infringement including any expenses incurred.
6.1. The Client is prohibited from selling, offering for sale, sharing, renting out or lending Digital content or copies of Digital content.
7.1. The processing of Client’s personal data is governed by the Privacy Policy. It is recommended for the Client to print and keep a copy of the Privacy Policy together with these T&Cs.
8.1. A party shall be released from responsibility for non-fulfilment of the T&Cs if it proves that these T&Cs were not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war, or natural events or due to other occurrences for which the Company is not responsible (e.g., strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure, which prevents the fulfilment of these T&Cs, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by e-mail or on the Website or Mobile app if possible.
8.2. The liability of the Company is limited to direct losses, unless otherwise provided under the applicable laws.
8.3. Due to the nature of Services that the Company provide and as the Company cannot control whether the Client sticks to the provided use instructions, the Company provides no warranty as to any results or outcomes coming from using Services and/or Services.
8.4. Liable company: Kilo Gupe UAB is the company responsible for the managing the Website and Services.
8.5. When using Services, the Client may receive links to other websites or mobile apps that are not owned and/or controlled by the Company. The Client acknowledges and agrees that the Company is not responsible for the availability of such websites or mobile apps. Furthermore, the Company is not responsible or liable for any content, advertising, products, or other materials that may be accessed through such links and therefore the Client agrees that the Company 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 or reliance on any such content, services available on or through any such websites or mobile apps.
9.1. The Company clearly state that it is not a medical organisation and cannot give the Client any medical advice or assistance. Nothing within Services by the Company is associated with, should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance, or used, referred to instead of seeking appropriate medical advice or assistance from health care providers. The Client is solely responsible for evaluating and assessing his own health.
10.1. The Services are available only to individuals that can form legally binding contracts under EU law therefore the Client confirms that he/she is at least 18 years old. If the Client is accessing Services on behalf of a person who is not 18 years old, the Client confirms that he/she is that person legal guardian and is responsible for that person`s compliance with these T&Cs and will indemnify Company for any losses or damages that Company will suffer as a consequence of failing to comply with these T&Cs.
11.1. Agreement comes into effect after the Client accesses or uses the Website of Services by accessing or using the Website or Services Client electronically expresses its consent to comply with them, and it shall remain in effect for an indefinite period until termination thereof.
11.2. The Company may terminate the relationship with the Client at any time in the following cases: (i) the Client does not agree with the Agreement; (2) the Client commits any breach of the Agreement; (3) the Client does not provide information requested by the Company and/or provides incorrect and/or incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.
12.1. These T&Cs, Privacy Policy and any additional terms and conditions that may apply are subject to change. The Company reserves the right to modify and update the T&Cs from time to time and such changes shall be effective immediately upon posting to the Company’s Website.
12.2. The Company may give notice to the Client of any upcoming changes by sending an email to the primary email address provided by the Client or notifying through the Website.
12.3. The Client understands and agrees that any continued use and access to the Website or Services after any posted updates of the T&Cs, means that Client voluntary agrees to be bound by these T&Cs. If Client does not agree to be bound by the updated T&Cs, he/she should not use (or continue to use) the Website and/or Services.
13.1. In general, the Company prefers communication by e-mail. By accepting these T&Cs, the Client accepts communication by e-mail. The Company may publish information related to this Agreement or Services on the Website. The Client should check its e-mail messages as well as information provided on the Website regularly and frequently. E-mails may contain links to further information and documents.
13.2. Where applicable laws require provision of information on a durable medium, the Company will either send the Client an email with an attachment or send the Client a notification referring to the Services with download function to retain such information and documents permanently for future reference. The Client is requested to keep copies of all communications from the Company.
13.3. The Client may request a copy of these T&Cs or any other contractual document by contacting [email protected]
13.4. The communication with the Client will be made in English unless the Company and the Client agree to communicate in another language.
13.5. The Client may contact us at any time by sending a message to [email protected]
14.1. Any complaints in relation to the Company and the Services provided to the Client should be addressed to the Company by contacting [email protected]
14.4. By submitting a complaint, the Client should clearly indicate that a complaint is submitted and specify the grounds and circumstances concerning the complaint. The relevant Company will send to the Client a complaint acknowledgement to the e-mail address from the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days since the day of receipt of a relevant complaint.
14.5. Client’s requests (complaints) shall be analysed by the Company free of charge.
14.6. If Company’s response to the Client’s complaint does not satisfy the Client or no answer has been provided thereto, the Client has the right to file claim with the regulatory institutions or courts.
15.1. No person other than the Client shall have any rights under these T&Cs.
15.2. Client may not assign any rights under the Agreement to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under the Agreement in full or in part to any third party.
15.3. Any dispute under these T&Cs or otherwise in connection with the Services shall be brought to the courts of Lithuania, except where prohibited by the applicable laws.
15.4. If any part of these T&Cs is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the T&Cs, which shall continue to be valid and enforceable to the fullest extent permitted by law.
