1 Scope of application
These Terms of Use apply to all relationships with respect to the use of the shikenso.com Internet platform. They are part of the contract of use between Shikenso GmbH and the respective user.The current version of the terms and conditions of use shall apply. If anyterms and conditions of a user deviate from the present ones, those of Shikenso GmbH apply. Shikenso GmbH reserves the right to use additional terms andconditions of business for the provision of additional services.
2 Subject matter of the contract,content of the usage relationship, costs, contract duration
(1) Shikenso GmbH operates the websiteshikenso.com as an internet platform for customer (hereinafter referred to as"User").
(2) The user can use the website free ofcharge and get information on Shikenso Products.
(3) Shikenso GmbH reserves the right todevelop individual functions on shikenso.com, i. e. in particular to modify,extend, delete or add new functionalities. The user shall not be entitled tothe availability of individual functions.
3 Intellectual Property and Image Use
At Shikenso, we respect and upholdintellectual property rights in all aspects of our operations. Our websiteshowcases images of our clients, who are license holders, to highlight theanalytical services we provide. These images are used with the utmost respectfor copyright and intellectual property laws. We ensure that all necessarypermissions and rights are secured to display these images.
In our Terms of Service, we outline thespecifics of how we utilize these images, including the purposes of use, therights granted to us by users and clients, and the measures we take to respectand protect intellectual property rights. Our commitment to intellectualproperty integrity is a cornerstone of our service, reflecting our dedicationto transparency and legal compliance.
4 Warranty
Shikenso GmbH is not liable for a certainavailability of the internet platform. Restrictions on functionality andavailability are at the discretion of Shikenso GmbH. Shikenso GmbH will respectthe interests of the users within the scope of the appropriate consideration.
5 Limitation of liability
(1) Shikenso GmbH is liable according tothe legal regulations forintent and gross negligence of Shikenso GmbH, itslegal representatives,executives or other vicarious agents. This shall applyaccordingly in the eventof liability without fault, the assumption ofguarantees, claims under theProduct Liability Act or culpable injury to life,body or health. In the eventof a breach of essential contractual obligations,Shikenso GmbH's liability islimited to the typically occurring and foreseeabledamage.
(2) Shikenso GmbH accepts no furtherliability. The limitation ofliability and the exclusion of liability shall alsoapply to any personalliability of the legal representatives, executives andother vicarious agentsof Shikenso GmbH.
6 Data processing
(1) Shikenso GmbH collects user data withinthe framework of the execution of contracts. In particular, it observes theregulations of theGerman Federal Data Protection Act and the German TelemediaAct. Without the user's consent, Shikenso GmbH will only collect, process oruse the user's inventory and usage data to the extent that this is necessaryfor the processing of the contractual relationship and for the use and billingof telemedia.
(2) Without the user's consent, ShikensoGmbH will not use the user's data for advertising, market or opinion researchpurposes.
7 Final provisions
(1) Shikenso GmbH is entitled to transferrights and obligations arising from the contract of use in whole or in part tothird parties. Shikenso GmbHwill announce an intended transfer at least fourweeks in advance. The user can object to the transmission within four weeksafter the announcement.
(2) Shikenso GmbH reserves the right toamend these terms of use at anytime without giving reasons. Shikenso GmbH willinform the users of any changes by e-mail. Upon receipt of the e-mail, usershave the opportunity to object to the amended terms of use within four weeks.In this case Shikenso GmbH is entitled to a special termination right. If thereis no objection, the new terms and conditions of use shall be deemed to havebeen accepted after expiry of the deadline.
(3) Insofar as the user is a merchant, alegal entity under public lawor a special fund under public law, the place ofjurisdiction for all disputes arising from contractual relationships betweenthe user and Shikenso GmbH is the registered office of Shikenso GmbH, currently60439 Frankfurt.
(4) The place of performance is theregistered office of Shikenso GmbH.
(5) Should any provision of these Terms of Usebe invalid, incomplete or unenforceable, the remaining provisions shall remainunaffected. The invalid, incomplete or unenforceable provision shall bereplaced by a provision which comes closest to the economic purpose intended bythe contracting parties with the invalid, incomplete or unenforceableprovision.