General Terms and Conditions for Use of kenscent.business

Last modified: October 2024

Welcome to the website: www.kenscent.business (hereinafter the “Site”).

BEFORE USING THE SITE, PLEASE READ CAREFULLY THE FOLLOWING GENERAL CONDITIONS THAT GOVERN ITS USE (HEREINAFORE THE “TERMS OF USE”).

These Terms of Use regulate access to the Site and the services available through the Site (hereinafter the “Services”) and govern their use. Use of the Site and the Services implies full acceptance by the User of all the Terms of Use, guidelines and other applicable provisions (including, by way of example and not limited to, the personal data protection policy referred to in Article 14 below); the User acknowledges the binding nature of such provisions. When registering on the Site and subscribing to the Services, the user (hereinafter the “User”) is asked to accept the Terms of Use. Use of the Site and the Services is permitted only if the User, at the time of registration on the Site or subscription to the Services, expressly undertakes to comply with the applicable law and the provisions contained in the Terms of Use. If the User does not intend to accept the Terms of Use and comply with the applicable law, the User is invited not to register and not to use the Services. Ken Scent S.p.a. may periodically modify, where it deems it appropriate, the Terms of Use. In this case, Ken Scent S.p.a. will publish the updated version of the Terms of Use on the Site, replacing the “Last modified” date with the update date. Users are invited to regularly review the Terms of Use. Use of the Site and the Services after the date on which such modifications were made implies acceptance by the User of the updated version of the Terms of Use. If you do not accept these changes, please do not use the Site.

INFORMATION ABOUT THE COMPANY

1.1 The Site and its contents are designed, managed and administered by the Italian company Ken Scent S.p.a. (hereinafter “Ken Scent”), with registered office in Via Aldo Moro 45 – 30020 Quarto D’Altino (VE), Fiscal Code and VAT number 04735350276, registration in the Companies Register REA: VE-445717. Ken Scent is a registered trademark.

2.1 The Services are not intended for persons under the age of eighteen (18) (or in any case minors according to the law of their country). Users who are not of the required age are requested not to register or subscribe to any Service. If it is discovered that you are not at least eighteen (18) years of age or the legal age of majority in your country (or have knowingly misrepresented your age during the registration process), Ken Scent will immediately cancel any registration or subscription of you and stop providing the Services.

REGISTRATION AND SUBSCRIPTION TO SERVICES

3.1 You may register or subscribe to the Services available from time to time on the Site.

3.2 When registering or subscribing to the Services, you must provide accurate and truthful information. You agree to promptly inform Ken Scent of any changes to the information provided at the time of registration or subscription in order to ensure that you can receive messages sent by Ken Scent and prevent such messages from being mistakenly transmitted to third parties.

3.3 If the User is registered for a Service that requires prior authentication (for example, an Account or a Newsletter), the User undertakes to inform Ken Scent immediately if he/she suspects that there has been unauthorized access to his/her account or that his/her password has been compromised. The responsibility arising from the use of the account falls exclusively on the User, provided that such use is attributable to him/her or derives from the User’s failure to adopt adequate measures to protect the password.

3.4 Without prejudice to any other remedy provided by the applicable law and the Terms of Use, in the event of violation by the User of the provisions contained in the Terms of Use, Ken Scent will have the right to cancel the User’s registration or subscription, block the account and/or deny, limit, suspend or revoke the User’s access to the Site and the Services.

DURATION AND TERMINATION

4.1 The User’s registration on the Site, or his/her subscription to one or more Services, will be effective at the end of the relevant procedure.

4.2 These Terms of Use, and any subsequent versions thereof that may be published on the Site, will be effective for the entire period in which the User uses the Site or the Services.

4.3 The User has the right to withdraw freely and at any time from the registration to the Site or from the subscription to a Service, without having to justify the reason; to exercise this right, the User must send an email to info@kenscent.business. Ken Scent undertakes to confirm to the User the withdrawal from the registration or subscription.

4.4 Ken Scent has the right to revoke or suspend the User’s registration or subscription to a Service by the User at any time, with immediate effect and at its discretion, in the event of a serious violation by the User of the provisions contained in the Terms of Use, without prejudice to any other legal rights. Ken Scent will inform the User of the termination or suspension, as the case may be, by means of a communication sent by email or post. Your registration or subscription will be disabled.

ELECTRONIC SERVICES

5.1 For the provision of part of the Services it may be necessary to use electronic communication channels (such as email, SMS or telephone).

5.2 You agree that Ken Scent may contact you for communications relating to the Services by SMS, email or other electronic technology and acknowledge that, in some countries, your use of mobile communications services may result in charges being imposed on you by your communications service provider; such charges are your sole responsibility. PROTECTION OF INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

6.1 The terms “Site” and “Material” indicate, respectively and by way of example and not limited to, the software, the implementation and use of the Site, the layout, structure and organization of the contents of the Site, as well as any Material reproduced and/or made available to the public, including, in particular, the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, drawings, distinctive signs, logos, trademarks, distinctive elements defined as trade dress or any other Material reproduced and/or made available through the Site (“Materials”).

6.2 The Material present on the Site, in whole or in part, including – by way of example and not limited to – trademarks, domain names, designs and models, patents and copyright, are protected and are the property of Ken Scent. All rights thereto, at an international level, are reserved.

6.3 All trademarks, trade names, logos, designs and other distinctive signs reproduced on the Site, even if not registered, are trademarks or service marks of Ken Scent. All domain names used on the Site and/or connected to it belong to or are authorised by Ken Scent which manages them internationally.

6.4 The Site is intended for private use, for personal and non-commercial purposes; the Material presented on the Site is for informational and/or promotional purposes only.

6.5 It is not permitted to carry out, in any form and/or in any way and for any purpose, even partially, any of the following operations regarding the Site, any Material present on the Site or the related software: reproduce (except for reproduction for personal and non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to or otherwise modify, create and/or use derivative works or otherwise inspired, sell or participate in the sale. Downloading or copying, unless authorized in writing by Ken Scent, does not imply that the User acquires any right, title or interest in the Material or software.

6.6 Ken Scent is committed to preserving, enforcing and protecting its intellectual property rights throughout the world, as well as to vigorously combat any infringement of the same in order to ensure that its valuable heritage is firmly preserved and fully respected. Any use not expressly permitted by these Terms of Use is considered prohibited. The failure by Ken Scent to resort to any remedy, whether judicial or extrajudicial, does not in any case constitute tacit consent or tolerance in relation to any violation of the Terms of Use of the Site and/or intellectual property rights owned and/or available by Ken Scent.

USER MATERIAL

7.1 You acknowledge and agree that any proposal, plan, idea, concept, photograph, contribution or any other content and material (with the sole exception of personal data) that you communicate or transmit to Ken Scent through the Site or by any other means (hereinafter the “User Material”) is not to be considered confidential material. By submitting User Material, you grant Ken Scent the non-exclusive and worldwide right to copy, reproduce, publish, communicate, distribute or otherwise use, in whole or in part, such Material. User, for the entire duration of the period of protection recognized by law, for advertising, promotional or product development purposes.

7.2 Ken Scent is not obligated, and will not be obligated in the future, to:

(i) keep User Materials confidential;

(ii) pay a fee for the use of User Material or otherwise in relation to it;

(iii) acknowledge the transmission of User Material and/or confirm receipt.

7.3 You represent and warrant that the User Material does not violate the rights of third parties arising from laws and/or contractual relationships, such as – by way of example and not limited to – copyright, trademark, patent, trade secret, privacy or any other proprietary or personal right.

7.4 By transmitting the User Material, you acknowledge the right (but in any case not the obligation) of Ken Scent to copy, reproduce, publish, communicate, distribute or otherwise use, in whole or in part, such User Material, for any purpose whatsoever, including, without limitation, advertising, promotion or development of products or other commercial purposes, without this in any case giving rise to any right of the User, or of third parties, to receive any compensation. You are and remain fully responsible, on an exclusive basis, for any content of your User Material. 7.5 Ken Scent reserves the right to refuse or delete, even without justification, User Material, even if it deems it to be in violation of the Terms of Use or offensive, illegal or likely to violate the rights of third parties. , cause damage to third parties or threaten the safety of third parties.

LINKS TO OTHER SITES

8.1 The Site may contain links to other websites. Ken Scent has no control over such websites and is not responsible, nor can it be held responsible, for the accessibility of third party websites or their contents.

8.2 The presence of links to other websites, as well as the presence of references to information, products or services of third parties in links to the Site, does not constitute in any way and under any circumstances an endorsement by Ken Scent of the websites indicated above, of information, products or services, nor can it be interpreted as such. Any questions or comments relating to the websites in question should be addressed to the respective managers.

8.3 Except with the prior written consent of Ken Scent, you may not reproduce or reference the Site on any other website or create links to any part or page of the Site and/or the Material or any part thereof.

DISCLAIMER OF WARRANTY

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ITS CONTENTS AND SERVICES ARE PROVIDED FREE OF CHARGE (AS IS) AND TO THE EXTENT OF AVAILABILITY. Ken Scent MAKES NO WARRANTIES WITH RESPECT TO THE SITE, ITS CONTENT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF CONTINUITY AND ABSENCE OF INTERRUPTIONS OR ERRORS IN OPERATION, OF PROTECTION FROM MALICIOUS PROGRAMS (BUGS, MALWARE OR THE LIKE), OF FITNESS FOR PARTICULAR PURPOSES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES IN THIS SENSE.

9.2 SINCE THE SERVICES ARE OFFERED FREE OF CHARGE, Ken Scent WILL ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE SITE IS ACCURATE AND UP TO DATE. HOWEVER, Ken Scent CANNOT UNDER ANY CIRCUMSTANCES GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION WILL BE FREE FROM ERRORS OR OMISSIONS AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR LIABILITY IN THIS REGARD. Ken Scent RESERVES THE RIGHT TO UPDATE AND/OR CHANGE THE CONTENT OF THE SITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.

LIMITATION OF LIABILITY

10.1 IN SOME STATES, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SET FORTH BELOW MAY NOT BE ALLOWED, IN PARTICULAR. THEREFORE, IF APPLICABLE LAW REQUIRES SO, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

10.2 YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT THAT YOU OBTAIN THROUGH THE SITE. YOUR USE OF THE SITE INVOLVES THE ASSUMPTION OF ALL RISKS ASSOCIATED WITH IT AND YOU ASSUME ANY AND ALL RESPONSIBILITY FOR ANY INTERRUPTIONS IN YOUR USE, LOSS OF DATA, AND COSTS RELATED TO SERVICING AND MAINTENANCE OF HARDWARE AND/OR SOFTWARE USED IN CONNECTION WITH THE SITE.

10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE Ken Scent, Ken Scent’s LICENSORS, Ken Scent’s SERVICE PROVIDERS, REPRESENTATIVES, DIRECTORS OR OFFICERS FROM ANY LIABILITY WHATSOEVER, FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, LOSSES OR EXPENSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, THE SITE OR IN CONNECTION WITH ANY LINKED SITES OR YOUR USE THEREOF AS WELL AS ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, ERROR, OMISSION, INTERRUPTION, STATUTE, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, OMISSIONS, STATUTES OF USE, OR ANY OTHER LEGAL THEORY AND/OR ANY LEGAL THEORY AND/OR ANY AND ALL PERSONAL INJURY OR OTHERWISE. LINE OR SYSTEM DELAY OR FAILURE, EVEN IF THE INDIVIDUAL KNOWS OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

10.4 YOU UNDERSTAND THAT NOTHING IN THESE TERMS OF USE CONTAINS ANY EXCLUSION OR LIMITATION OF (I) Ken Scent’s LIABILITY FOR DEATH OR PERSONAL INJURY; (II) Ken Scent’s LIABILITY FOR MISCONDUCT, MISREPRESENTATION OR GROSS DEFECT; AND/OR (III) ANY OTHER LIABILITY WHICH THE LAW MAY NOT PERMIT TO EXCLUDE OR LIMIT.

INDEMNITY

11.1 To the maximum extent permitted by applicable law, you agree to indemnify and hold Ken Scent, each of its subsidiaries or affiliates, and their respective officers, agents, shareholders and employees, harmless from any and all losses, liabilities, claims or demands (including reasonable attorneys’ fees) made by any third party arising out of or in connection with your use of the Site and the Services, in violation of the Terms of Use, your breach of these Terms of Use, your breach of your representations and warranties under these Terms of Use and/or any User Material provided through the Services gives rise to liability on the part of Ken Scent to any third party.

APPLICABLE LAW – JURISDICTION

12.1 The Terms of Use, as well as any non-contractual obligation arising out of or relating to them, are governed by and construed in accordance with Italian law (with the exception of the rules of private international law); the application of the mandatory rules of the User’s place of residence remains intact. All disputes arising out of or relating to the Terms of Use or any non-contractual obligation arising out of or relating to them, will be referred exclusively to the Italian courts or to the courts of the User’s place of residence if required by mandatory provisions established by applicable law.

PERSONAL DATA PROTECTION

13.1 Before uploading or providing personal data on the Site, please carefully read Ken Scent’s privacy policy relating to the protection of personal data available on the PRIVACY POLICY page of the Site.