WEBSITE’S GENERAL TERMS OF USE
Α. IMPORTANT NOTICE REGARDING OUR WEBSITE
We inform you, that, before you enter this Website and use the provided services, you have to consult the General Terms and be certain that you accept and agree with them in their entity. In case you have any type of disagreement regarding the General Terms’ format and content, you must abstain from any further action and use any of the Website’s www.kyknoscanning.com provided services including plain browsing. Furthermore, for every other matter and especially for further clarification, complementary information, reservations and/or questions about the General Terms, you may contact the Company and specifically the Customers Service Department, using one of the contact methods that are mentioned under “Contact” section.
Any action and/or use of the Website www.kyknoscanning.com, including plain browsing, is considered on your part complete and unreserved acceptance of the present Terms of Use, which are referring to the entirety of its content. Furthermore, by using the Website you automatically declare that you are of the provided by the law age and of full legal capacity. In any case, it is strongly suggested to revisit the Website regularly, so you can track changes in General Terms, since the Company may rightfully modify, renew, erase, add and restrict a) The General Terms, b) the Policies that Company has instituted, c) the provided Services, d) the Website’s technical specifications (from now on called “Changes”), at its sole discretion, as well as when such Change is imposed by the law or other administrative act or consists an obligation of the Company, without the need for your prior consent or notice.
The link www.kyknoscanning.com is the web address of the “Website / Web page” of the company with the brand name “GREEK CANNING COMPANY S.A”, with the distinctive title “KYKNOS”, that is based in Nafplio, Argolis, on Sidiras Merarxias Str. 16, Greece (TIN: 094018470/Nafplio T.O.) with GECR (G.E.MI.) 030000413000 and phone number 2105225671, FAX number 210534975 and e-mail info@kyknos.com.gr, (hereinafter “KYKNOS”, “Company” or “Corporation”).
KYKNOS is the rightholder and user of the previously referred website name ending in .com, which has been legally and validly allocated. The present Terms (hereinafter General Terms or Terms of Use), as well as the Privacy and Cookies Policies of KYKNOS, determine the terms and conditions by which you may, under any capacity, either as a navigator/visitor or/and under any other capacity (hereinfter ‘User”, “you”, “yours”) visit the Company’s Website and use the provided services and content (Newsletter, Recipies a.o).
Any changes may occur within the limits set by law and good morals., You will be informed about any Changes from the Company’s Website, while these Changes shall take effect from the date of their posting on the Website, unless it is specifically described differently. It is clarified, however, that any General Terms’ Changes do not contain the use of Services or any other transactions that you have already completed before their appliance, and the Company has accepted. In case you wish some clarification or additional information regarding Changes, or have some disagreement/reservation about them, you can also contact Company’s Customers Service Department.
It should be pointed out that, any information/clarification you receive by Customers Service Department or by any other representative, servant or vicarious agent of the Company regarding the General Terms, does not, according to the above, consist or imply replacement, substitution or modification of them (General Terms), since any information/clarification is intended solely for their fuller understanding, while the General Terms still are our only and exclusive agreement.
The use of the Website www.kyknoscanning.com from your part and any transaction you make through it, takes place solely at your own risk, while the Company does not bear any responsibility for the correctness, thoroughness, validity, accuracy and the utility of the Website, nor provides any kind of guarantee regarding its adequacy (technical or other) for any purpose.
The Website and its web pages are designed for the residents of Greece, while the information related to products, services and their promotion is valid only for Greece, even if they are listed (and) in a language other than Greek. In any case, no guarantee is provided that the content and material, included in the Website, fulfills the terms of legitimacy and is appropriate, available or related to any other country except Greece.
Β. GENERAL TERMS OF USE OF THE WEBSITE
1. GENERAL INFORMATION
1.1 The information provided by the Company on the Website are complete, truthful, valid and as updated as possible, either regarding its identity, or the provided Services and products. The above warranties are subject to technical or typographical errors, which cannot be predicted or they occur inavertedly or as an outcome of disruption of the Website’s operation or/and due to force majeure.
1.2 Every information described in or for the Company’s product regarding their nutrition value and/or the health benefits of consumers, which derive from or are connected in any way to their consumption, is of general nature and has only complementary informatory character. It is pointed out that every relevant information, as well as any information that may be related to a medical issue, are not a substitute for medical advice and should not be construed and used as such. For such matters, you should address your doctor and the relevant authorities. In any case, adopting information that are included in the Company’s website regarding any of the above-mentioned goals happens on your sole risk and Kyknos is not in any way responsible.
2. NEWSLETTER REGISTRATION
2.1. Your registration in the Company’s newsletter Service (Newsletter) is being done with you own free will and certainly does not consist a mandatory procedure. However, those who follow the procedure provided for this purpose and use this specific Service will be able to receive the Company’s newsletter and other advertising material regarding the products and the services provided by the Company at the e-mail address (email) that they will provide. Registration to the Website’s Newsletter Service is completed by entering your e-mail address on the equivalent field in the Website. By completing your registration to the Newsletter Service of our Company, you give us your specific consent in order to send you informative and promotional material for the products and services of our Company and/or other websites, as well as relevant advertising messages.
For the protection of your personal data, please read HERE
2.2. The Company does not bear any form of responsibility, in case any Newsletters are not delivered to their destination, but will make every effort possible with the ISP’s (Internet Service Providers) for their delivery. Newsletters may end up on your spam folder, so you need to regularly check that they are not filed in this specific folder. In case you do not wish to receive any more informative Newsletters, or you wish to irrevocably be deleted from the Company’s Newsletter system, you may inform accordingly the Company by filling the communication form provided in the Website, or alternatively through the corresponding link that appears in the informational emails you receive.
3. LIABILITIES AND RESPONSIBILITIES OF THE PARTIES
3.1 Exclusive liability of the User/Consumer
The Website user is exclusively responsible for his browsing of it and for its legal use in general. The user is obliged to refrain from any illegal act or practice and/or abusive behavior, as well as from any behavior contrary toy good morals, the General Terms and in general the instructions of the Company on the specific issue.
Additionally, the user is solely responsible for the legitimacy, the accuracy and the correctness of the information, data and specifics he/she enters and/or use in the website kyknoscannig.com, for which our Company does not bear any responsibility to oversee, unless it has legitimate interest or it is imposed on due to official complaint or it is dictated by the law, or for any other legitimate reason.
3.2. Forbidden Use
3.2.1 Prohibited is every action or omission which may (a) infringe any patent, trademark, trade secret, copyright and intellectual property rights in general or other propietary rights of both the Company and third parties, (b) cause the interruption, damage, destruction, or obstruction of the operation of any software and/or cause damage to Company’s reputation and/or its Partners and/or other Users or Consumers and/or breach any kind of personal or other data of the users/consumers of the Website (indicatively mentioning the use of software containing viruses etc.).
3.2.2. Prohibited is (a) any access, or attempt to access information and data (including personal data) that are being transferred through the Website, for which you have no authorization or any right to use, (b) the access to the Web Site in order to create or generate product or service competitive to the products and the services of the Company, (c) the facilitation in any way and with any means of third parties, so they can access data provided to the website www.kyknoscanning.com from the Users, (d) any kind of Software piracy, hacking and/or interception, copying, analog/digital recording and mechanical replication, distribution, transfer, downloading, processing, resale, data generation (including personal data) and information, including content and material (photographs, graphs, documents etc.) of the Website.
3.2.3. Prohibited is the obstruction of the Website’s function in any way, as well as the illegal and unauthorized alteration of his content.
3.3. Restriction of Guarantees – Liabilities
3.3.1 The Company acts always in good faith and according to the restrictions anticipated by the law, the present General Terms and the instructions the Company issues. The Company has taken and continues to take every technical or other measure necessary and makes every possible effort, in order for (a) the Website to function properly and continuously, without problems, interruptions, delays, glitches or errors, (b) the data/information that are provided and transferred through the present Website, on the one hand not to be corrupted and on the other hand and at the same time to be protected by the creation of backup copies, as the Website’s security systems are subject to restrictions, in any case unless prohibited by current legislation, (c) the technology the Company uses, or the Servers through which the website is being set for the Users to browse, not to contain viruses or other type of malware and other data and (d) any available products to be in good generally condition, packaged and clean, suitable and safe for public health.
3.3.2 The Company, its representatives, its servants, its vicarious agents, its partners and anyone that acts rightfully on its behalf and/or under its commands and for its account, provide no guarantee and have no liability against third parties (meaning everyone except the Company) for the proper and right execution of the responsibilities of the rest of Users of the website and its provided services.
3.3.3 The Company makes reasonable effort for the maintenance and availability of the Website’s content. Nevertheless, the Users accept that the Company reserves the right to modify and/or interrupt, temporarily or permanently, the function of the Website without any obligation of previous notice towards the Users, given that its availability can be affected by the User’s equipment, by other communication networks, by the great number of people attempting to browse the Website at the same time, or due to other cause. Therefore, the Company has no liability for any kind of damage [financial - damnum emergens and lucrum cessans - or not], regardless of its cause and its specific nature, which is caused/originated due to/from the inability of the Users to access the Website, the shutdown of the whole or parts of it, the delay, non-delivery, interruption or bad quality of the provided through the Website Services and/or the loss of their content, as well as due to the appearance of any kind of glitches.
3.3.4 The Company is not responsible for any technical problems that may appear and/or be encountered by the Users, either when they attempt to access the website or during browsing the website, especially regarding problems that are associated with the functionality or the compatibility of the equipment and the Users’ technological or other infrastructure. Furthermore, the Company does not bear any form of responsibility for acts and omissions of third parties and especially for their unauthorized interventions in products and/or services and/or information available through the Website.
3.3.5. Your connection with the Website happens with your means and through companies and providers selected by you.
3.3.6. Apart from what is explicitly defined in the General Terms, the Company bears no responsibility towards the Users and/or any other third party that might draw rights from them, in case that during the use of the services and/or the products of the Website they sustain any form or any kind of damage (financial - damnum emergens and lucrum cessans - or not), regardless of its cause and its specific nature, which is caused from (a) errors, omissions, technical glitches, malfunctions or disfunctions of the telecommunication Networks, the Web, the Website, the ISPs (Internet Service Providers), (b) permanent or temporary termination of the Website function or certain Services of it, (c) events, situations, acts, actions or omissions of our Corporation or third parties including other Users, for which the Company does not provide guarantees and has not taken any responsibility, according to the defined in the present document (d) information and other content that may be published and shared by third parties.
3.3.7. Is explicitly defined that the Company is not responsible for the communication of the Users with other service providers who advertise and/or are advertised on the Company’s Website and for any reason (indicatively commercial or other form of transaction, which may emerge from this relationship and/or in its context). Furthermore, the Company bears no responsibility for defective products belonging to a third party, which are provided to Users as a gift or for another reason.
3.3.8. The Website may contain links to other websites. In any case we do not endorse or accept the content and/or the services provided by other websites that may be connected through links and we explicitly waive any kind of liability regarding the content, the privacy policy, the quality of its content and the services of third party.
4. INTELLECTUAL (COPYRIGHT AND INDUSTRIAL) PROPERTY RIGHTS
4.1. The entire content of the webpages of the present Website, including pictures, graphs, photographs, sketches, texts, provided services and products, is part of the Company’s intellectual property and is protected according to the relevant articles of the Greek law, the law of the European Union and the international contracts and treaties.
4.2. Any kind of copy, analog/digital recording and mechanical replication, distribution, transportation, downloading, modification, resale, of the entity or part of the Web Site’s content is prohibited, regardless of the reason, except only your personal use, unless you have been given our written consent.
4.3. The trademarks, names, pictures, logos and distinctive characteristics of the products, services and/or corporations that are represented by our Company and are presented in its Website are part of the Company’s property and the Companies it represents property accordingly, and they are protected by the Greek, European and International laws regarding trademarks, industrial and intellectual property and unfair competition. In any case their appearance and showcase in the website www.kyknoscanning.com is not and should not be interpreted by you as conveyance or release of permission or right of use. In case you wish to obtain a license for any trademark posted on the website, please contact the Company, using the means available on the Website, in the “Contact” section.
4.4. The General Terms provide you restricted and non-transferrable permission of access and personal use of the Website, but not permission to download its content and its code, neither in its entity nor in parts, except with our explicit written permission.
4.5. The permission of access and personal use of the Website as explained above, does not allow any kind of resale or commercial use of the Website or its content, collection and use of the Company’s catalogues, its services, its products, Company’s commercial policy, the extraction of data etc.
4.6. It is prohibited, without our written consent, the use (a) of linking and framing of our Website, (b) any type of metadata tags or any other kind of “hidden-content”, based on brand names or trademarks of the Company. In case of illegal and/or unauthorized use, any given permission by the Company, is de jure ineffective, while the same applies to the use of the Company’s logos and trademarks.
5. PERSONAL DATA PROTECTION
5.1. The management and protection of your personal data is regulated and subjected by the terms and conditions of the policies that are established by the Company for this purpose, and especially by (a) The Privacy Policy and (b) Cookies Policy, as well as the relevant articles of both the Greek and the European Law regarding the person’s protection and the process of personal data, in addition to the relevant decisions of the Personal Data Protection Authority.
For your information regarding your personal data, our process of them and its purposes, their recipients and other such information concerning their protection and security, please refer to the Company’s Privacy Policy. In the more specific Cookies Policy, you can be informed about the text files (cookies) activity, which are stored in your browser while you are browsing the website.
6. ADVERTISEMENT
6.1. The Company reserves the right to advertise itself on various websites of its choice on the Web and to use, for this purpose, advertisement companies and/or other partners. Cookies are used when displaying these ads, but not data that identify and define Users personally. More on that matter can be found in the Cookies Policy, which you are invited to read.
6.2. The Company reserves the right to present third party ads through the Website. The advertisements may contain external links to third party websites. The Company, takes every reasonable measure, so that the Website’s adverts and their content are legitimate, they do not violate third party rights, their content is not offensive, false, deceitful or misleading. In addition, the Company prohibits the posting of ads on the Website with content or theme that is abusive, threatening, pornographic, nude, with weapons or explosives, viruses or other inappropriate programs, pyramid schemes, illegal activities or any other type of illegal or inappropriate content, according to its absolute judgement. Furthermore, every necessary measure is taken, so any advertisement that violates the above and stands against the law can be tracked. However, the Company does not bear any responsibility for the advertisements that exist on the Website, neither can be conducted that they have its support and approval. Certainly, we do not guarantee for the suitability and the legitimacy of these ads, while the Company reserves the right to reject any advertisement for any reason it deems appropriate, even after its publication.
7. EXTERNAL LINKS – CONNECTION WITH OTHER WEBPAGES
7.1. The Website and its individual webpages may contain links to websites that are maintained by third parties, the information and privacy policies of whom differ from those at www.kyknoscanning.com. Before browsing other webpages, it is recommended to read and understand their terms of use and privacy policy. The Company does not track the availability, the content, the personal data protection policy, the quality and completion of the services of other websites, which are referred to and enabled to switch/auto-link via “links”, hyperlynks or banner ads from wwwkyknoscanning.com.
7.2. The Company does not endorse nor accept the content and/or the services of the websites, where there is possibility of transition/automatic connection, nor it can be conducted that the Company is in any way connected with these webpages or their owners or administrators. The Company and its representatives do not bear any responsibility for the information and the content of third party websites in general, as well as for the personal data protection policies third party websites use.
8. COMMUNICATION
8.1. By using the Web Site and its provided Services, you agree to have electronic communication with us and you accept without reservation that the relevant communications fulfill the qualifications of the law, regarding the cause of their creation. For any complaints, comments, suggestions etc, you can contact the Customers Service Department through the “Contact” section. Furthermore, if you encounter difficulties navigating the Website or viewing its content, as well as in the event that the Website or any of its functionality is deemed not to be fully accessible by persons with disabilities or other special needs, we remain at your complete disposal.
9. SOCIAL MEDIA
9.1. The Users may follow the Company through its pages on Facebook, Twitter, Pinterest and Instagram, as well as on other social media networks (from now on called “Social Media”), in order to learn Company’s news, to comment and participate in special promotional features. Any kind of products, or services that we provide, and every information that is shared, submitted or offered through the Company’s accounts on Social Media, are subject to the General Terms, unless it has been defined differently. In addition, any interaction you may have on Social Media, may allow access and connection to your personal accounts on Social Media. We do not have any access to them, nor we control these services, therefore we do not bear any liability for the actions or omissions of the social media providers. For this reason, we recommend that you read carefully the terms and conditions of these social media. On some webpages of the Website, we may use widget for social media, which contain material and pictures created by users. The Company does not have control over the content that is created by users, neither in terms of accessibility, nor in terms of ease of use.
9.2. The Company through its pages on Social Media encourages all users to contact and share their comments on the updates, images and links that exist in its pages. The purpose of the accounts is the promotion of corporate news, features, new products and events. The Company reserves the right to monitor every posted comment on each page and to allow the presence of posts only with news, corporate data and information that only serve the company’s image in a positive way. The Company advises you to check its content before making any publication. Every comment and post among the users should be mindful, decent and meet courtesy standards. The Company is responsible for the content of its accounts and reserves the right to remove from the page, without previous notice, any content and material that:
- Assaults the property rights, the privacy rights and the personal data rights.
- Is illegal, misleading, false or has inappropriate, defamatory, explicit or aggressive content referring to third parties.
- Has defamatory character without the Company’s consent
- Promotes third parties or has commercial content
- Is published in a language that differs from the Greek or English
10. ΑΠΟΖΗΜΙΩΣΗ
You agree to compensate the Company and every third party that draws its rights from it, for any kind of damage they may suffer due to illegal or non-compatible with the General Terms of Use of the Website and the Services provided. In case you suffer any damage proven to be the fault of the Company due to its malice or gross negligence, then the Company will cover the material damage (damnum emergens) of the User directly connected to the harmful event and the gross negligence of the Company. Every liability restriction set forth herein apply in its entirety as valid and in accordance with good faith and business ethics, and Users agree to these exceptions and limitations.
11. FINAL PROVISIONS
11.1. Final Terms
The General Terms are the final terms in effect regarding the use of the Website.
11.2. Resignation
Any delay in the exercise of the rights on behalf of the Company does not suggest its resignation from this particular right, neither it does affect its exercise.
11.3. Invalidity of terms
In case that any term is deemed/declared to be invalid by a court decision, this invalidity will not affect the status of the remaining General Terms, which will remain valid, while the Company shall replace the invalid terms with new ones, that will serve the same or similar purpose and will have the closest/equivalent effect to those cancelled.
11.4. Applicable Law – Jurisdiction
For any dispute that may arise regarding the application, interpretation, invalidity of terms, the existence or absence of rights and obligations of the parties by the General Terms of Use or by tort related to them, applicable is the Greek Law, with the exception of the rules of conflict of laws. Friendly resolution and settlement will be attempted, while in any case, the Justice Courts of Athens are determined competent even to the cases that fall under the substantive jurisdiction of the County’s’ Court.