Terms & Conditions

1. GENERAL AGREEMENT

Kote Labs Ltd., address: Kurzemes prospekts 3K, Rīga, LV-1067, Latvia, provides the content, services and products (hereinafter the ‘Products’) available on www.kotelabs.com (hereinafter the ‘Website’) in accordance with the terms and conditions outlined below, in Privacy Policy and Cookie Policy (hereinafter collectively referred to as ‘Terms and Conditions’). By clicking the consent box, the Website user (hereinafter the ‘User’) acknowledges that he/she has read, understood and agreed, without limitation or qualification, to be bound by these Terms and Conditions.

2. PURPOSE OF THE WEBSITE

The Website is created and maintained by Kote Labs Ltd. The Website is built to work efficiently as a business-to-customer communication platform, as well as information source for all product and company related information.

3. PRIVACY

Kote Labs Ltd. protects fundamental rights and freedoms of natural persons, especially the right to inviolability of private life, with regard to the processing of data of a natural person in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. Kote Labs Ltd. processes personal data of Users and Customers by various means for several purposes; detailed information concerning the use of personal data is available in the Privacy Policy.

4. ACCURACY OF INFORMATION

Kote Labs Ltd. attempts to be as accurate as possible when describing the Products on the Website. If the product related information has changed, Kote Labs Ltd. cannot guarantee that at any given moment data posted on the Website contains all the latest updates.

5. PRODUCTS

Kote Labs Ltd. observes the principles of good manufacturing practice and does not permit the use of misleading statements about the effectiveness of Products in regard to the end consumers. If the Customer purchases the Product for further sale, the Customer is responsible for maintaining the quality and safety of the Product. Including, the customer is obliged to take care of storing the Products in accordance with the instructions provided so that the Products retain their characteristics. Kote Labs Ltd. is not responsible for defects in the Products caused by storing those in inappropriate conditions. The Customer is prohibited from making changes in the composition of the Product or its packaging, if this may affect the quality of the Product.

6. DELIVERY POLICY

The Customer is responsible for providing the correct data for delivery purposes.

7. USER RESPONSIBILITIES

When accessing or using the Website, the User must comply with these Terms and Conditions. The User must always act in accordance with the law, custom and in good faith. The User not make any change or alteration to the Website, the content contained therein, nor impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if the User negligently or willfully breaches the obligations set forth in these Terms and Conditions, the User shall be liable for all the loss and damage that this may cause to Kote Labs Ltd., its affiliates, partners or licensors.

8. THIRD PARTY LINKS

Kote Labs Ltd. is not responsible for the content of any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by Kote Labs Ltd., its affiliates or partners of the referenced content, product, service, or supplier. Kote Labs Ltd. is in no way responsible for examining or evaluating, nor warranting the offerings of, any other websites linked to or from the Website, nor does Kote Labs Ltd. assume any responsibility or liability for the actions, content, products, or services of such websites. Linking to or from any off-website pages or other websites is at the User’s own risk. The User should carefully review the terms and conditions and privacy policies of the websites he/she visits.

9. LIMITATION OF LIABILITY

The User agrees that, in accordance with the applicable law, Kote Labs Ltd. will not be responsible or liable (whether in agreement, negligence or otherwise), under any circumstances, for any interruption or error occurring from the use of the Website, such as: (a) interruption of the business; (b) access delays or access interruptions to the Website; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with the use of the Website, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond reasonable control of the parties. Kote Labs Ltd. will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website or the use thereof (or inability to use the site) regardless of the form of action whether in agreement, tort (including negligence) or otherwise, even if Kote Labs Ltd. is informed of possibility of such losses.

10. COPYRIGHT CLAIMS

All contents of this Website, correspondence (email or postal), as well as marketing materials used to promote the Website on third party resources are property of Kote Labs Ltd. Reproduction or republishing of its content in whole or in part is prohibited without the written consent of Kote Labs Ltd., except for the following purposes: a) license to copy for private use: the User is free to make copies or print parts of contents for reasonable personal use, b) license to copy or republish for limited use: the User is free to make copies of the material in print as well as digital for third parties to use, only if indicating the Website as the source of the contents and materials adding a top level URL () to any of these copies which are republished. Also, the User has to inform any third party that he/she shares these copies with, that in the event of republishing any such copies the source for all the materials should be indicated as Kote Labs Ltd. Website, with a top-level URL ().

11. INTELLECTUAL PROPERTY

All information and content available on the Website, including, but not limited to, trademarks, logos, service marks, text, figurative marks, button icons, images, video clips, data collections and software, their aggregation and layout (collectively, Content) is the property of Kote Labs Ltd., its subsidiaries, partners or licensors and is protected by the laws of the Republic of Latvia and other laws and regulations relating to the protection of intellectual property, including the laws that regulate the use of copyrights and trademarks. The use of Kote Labs Ltd. trademarks in any way, regardless of the purpose, is not permitted without the written permission of Kote Labs Ltd.

12. INDEMNIFICATION

The User agrees to indemnify, defend and protect Kote Labs Ltd. from any harm, losses, damages or costs as well as attorney fees resulting from any third party claim, action or demand resulting from the User breaching these Terms and Conditions, any errors in User representations or warranties or use of this Website.

13. DISPUTES

With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Republic of Latvia, as if the Terms and Conditions were an agreement wholly entered into and wholly performed within Latvia. The agreeing parties acknowledge here that they will try to settle any disputes through mutual negotiations. Kote Labs Ltd. will respond to applications and inform about the possible way of claim fulfillment or dispute resolution, or alternative way of claim fulfillment within 30 (thirty) days. If the parties are unable to settle the disputes through peaceful mutual negotiations, all disputes, disagreements or claims shall be settled in the court of the Republic of Latvia. Users or Customers can file claims in the court of their domicile, as well as in the Consumer Dispute Resolution Commission (address: Brīvības Street 55, Riga, e-mail address: [email protected]). Kote Labs Ltd. can only bring an action against the User or Customer in courts of the member state where he/she is domiciled. Kote Labs Ltd. does not in any way restrict the User right to apply to the competent government authority to safeguard his/her rights. Should there arise a dispute between Kote Labs Ltd. and the Customer as to whether the provisions of the agreement made between them are unfair, either party may turn to the court referred to in this section, and the Customer is also entitled to turn to the local Customer Rights Protection authority. Should there arise a dispute between Kote Labs Ltd. and the Customer or User as to the protection of data of natural persons, either party may turn to the court referred to in this section, and the User or Customer is also entitled to turn to the local data protection supervisory authority.

14. GENERAL PROVISIONS

The User agrees that these Terms and Conditions constitute an agreement between him/her and Kote Labs Ltd. regarding the use of the Website and its content. Kote Labs Ltd. has the right to edit and update these terms at any time posting these changes on the Website and indicating any such change by posting a date of the latest update. Any changes applied to Terms and Conditions are effective immediately as they are posted. By continuing to use the Website after any such changes have been applied the User constitutes his/her agreement to all the changes. Kote Labs Ltd. reserves the right to terminate or withdraw any rights granted by these Terms and Conditions. The User is required to comply with any such withdrawal or change immediately as applicable, including, if required, ceasing any use of the Website. No part of these terms should be interpreted as creating any kind of partnership or other form of joint venture between the User and Kote Labs Ltd. An occasion where Kote Labs Ltd. fails to enforce User performance according to these terms and conditions shall not affect its full right to require such performance at any time before or after. In the event where any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or is ruled to be unenforceable by any applicable arbitrary institution or court decision, such unenforceability or invalidity shall not render these terms and conditions invalid or inapplicable as a whole. Instead these terms and conditions shall be modified, to the extent possible, according to any applicable law in a way to fully reflect the original intent of the parties as was intended in the original terms and conditions.

15. FORCE MAJEURE

Kote Labs Ltd. shall not be held responsible for any delays, failures to fulfill obligations or any other failures that occurred due to circumstances and obstacles that are beyond its reasonable control, which include but are not limited to strikes, governmental actions, wars or national emergencies, terrorism threats or acts of terrorism, environmental or climatic anomalies, failure of performance by a third party, internet connection issues as well as hardware and software malfunction. In the event of such force majeure, Kote Labs Ltd. will endeavor to remedy effects of the delay as soon as possible. In this case, the deadline for fulfillment of obligations is extended until the cause or effect of the delay is eliminated.