The use of our website is always accompanied by some rights and obligations as defined in this Disclaimer, Conditions of Sale, Privacy & Cookie Statement and all other rights and obligations clearly stated on the website. We consider the amalgam of these texts as our Terms and Conditions.
These Terms apply both to us Kinetura®, as for you, the User. Once you use our website, you expressly acknowledge and accept the exclusive application of our Terms and Conditions.
We may apply deviation of these Terms and Conditions in exceptional situations, but only to the extent that these deviations are accepted by all parties and recorded in writing. These deviations only replace or supplement the clauses to which they relate. They have no effect on the application of any other provisions of these terms and conditions.
1. Who we are
Kinetura® is an initiative of:
KINETURA LIVING BVBA
Company number (BTW-BE) 0543.493.374.
Please contact us if any questions or comments; We promise you a prompt reply!
2. Our website
2.1 PROPER OPERATION, SAFETY AND ACCESSIBILITY
You can rest assured, we offer a user-friendly website that is safe for every user. We therefore take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of our website. Yet we cannot give you an absolute guarantee on this matter. Our actions are a commitment of means.
Any use of the website is always at your own risk. We are not liable for damages resulting from malfunctions, interruptions, defects or harmful elements to the website, regardless of the existence of force majeure or an extraneous cause.
We have the right to restrict or interrupt, fully or partially, access to our website at any time and without prior warning. We will only take such measures if this is justified by the circumstances, but this is not a required condition.
2.2 CONTENT ON OUR WEBSITE
The content on our website is largely determined by us. We apply great care with regard to the information on our website. We take all necessary steps to keep our website as complete, accurate and current as possible, even though the information provided by third parties. We are always able to change, add or delete the content on our website.
Despite our considerable attention we are not able to guarantee the quality of information on our website. It is possible that the information is not correct, not sufficiently accurate and/or useful. We are therefore not liable for (direct and indirect) damages which the user may suffer or suffers as a result of the information on our website.
We ask you to notify us as soon as possible if you notice the content on our website is a violation of applicable laws and/or violation of third party rights means and/or may simply not be acceptable. We will take the appropriate measures such as the partial or total removal of the information.
Our website contains content that can be downloaded. Every download from our website is always at your own risk. We are not liable for any damages resulting from a loss of data or damage to the computer system. The liabilities remain entirely and solely at the User.
2.3 WHAT WE EXPECT FROM YOU AS A USER
The User bears some responsibility for the way we offer our website. This means that you should refrain from acts that have a deleterious impact on the proper operation and security of the site and its use may result at any time. For example, the website may not be used to circumvent our business model and/or are used to gather information from other users.
It is therefore forbidden to distribute content via our website that (may) damage(s) other Users of the website, such as the spread of malicious software, computer viruses, malware, worms, trojans and cancelbots our website. The proliferation of unsolicited and / or commercial messages via the website, such as junk mail, spam and chain letters, are also included.
We reserve the right to take all necessary actions and help that may provide reparations for the affected parties. This can via court injunction. The User is solely personal and full responsibility if his actions and conduct effective causes damage to the website and other Users. In this case he has the obligation to keep Kinetura® harmless from any claim that may arise.
3. Links to other websites
The contents of our website may contain or provide a link, hyperlink or framed link to other websites or other forms of electronic portals. A link does not automatically mean that there is a connection between our website and the foreign website, nor that we (implicitly) agree with the content of these websites.
We have no control over these third-party websites and are not responsible for the safe and correct operation of the link and the final destination. You leave our website as soons as you click these links and we are therefor not responsible for any damages that may occur.
These external websites do not offer the same guarantees as we do. We therefor recommend you to carefully read their Terms and Conditions and Privacy Statement of these other websites to take.
4. Intellectual property
Creativity deserves protection, this is also the case with regard to our website and its content. The protection is provided by intellectual property rights and is entitled to all Parties; more specific Kinetura® and third parties. The capacity means the very broad category of photos, video, audio, text, ideas, notes, drawings, articles, et cetera. This content is protected by copyright, software rights, database, designs and models, and other applicable (intellectual) property rights. The technical nature of our website itself is protected by copyright, the rights on software and databases. Every trademark that we use on our websites is also protected by applicable trademark law.
Each user receives a limited right to access, use and display our website and its content. This right is granted in a non-exclusive and non-transferable manner and can only be used within a personal, non-commercial context. We ask our users to create and/or to bring in intellectual property rights as described in this article, without the consent of the owner. The User is not allowed to make use of intellectual property and/or make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the product. Our products and trade names are protected by numerous registrations at the responsible official bodies in the form of trademark registrations, patents and registrations of designs. We will prosecute any violations with regard to intellectual property.
5. Processing personal data
6. General provisions regarding the terms and conditions.
We reserve the freedom to change, limit or discontinue our website and related services at any time and to any extent. We may do this without notice to the User. This does not give rise to any form of compensation.
When the user confronts us with a violation of our terms and conditions, we have the right to undertake all possible measures to penalise and remedy this violation. We can always remove or modify your content in whole or in part, and/or deny you access to the website. These measures can be taken unannounced. Such measures will not result in our liability nor to any form of compensation.
These Terms and Conditions (including the Conditions of sale) shall be exclusively governed by and interpreted in accordance with Belgian law. All disputes relating to or arising out of Kinetura® offers or agreements were concluded, be brought before the competent court of the judicial district Kinetura® has its registered office.
If the application or validity of any of the foregoing provisions of these terms is compromised, this will have no effect on the validity of the remaining provisions of this Agreement. In such a case, we have the right to propose a valid modification of the disputed clause(s).
The titles we use in our legal documents have always merely illustrative of character. They have no legal value.
7. Help improve our website
It should be clear that our website focusses solely on the user and useability. We appreciate any help that may improve our website and gladly receive your questions, comments, questions and tips by email. We expect your input on