1. General terms of use for website content

KENSTONE endeavours to ensure that the content on this website is up-to-date, complete and accurate. All content is checked carefully when first posted on this website and at irregular intervals thereafter. However, as the information is subject to change at short notice, the content might not always be up-to-date, accurate or complete.

The content on this website does not represent advertising or the offer of a contract or consultancy of a financial or other nature. Maintaining content on this website or calling up content do not represent the conclusion of a contractual relationship of any kind between KENSTONE and the user. The website does not represent a substitution for advice on finance or other matters. No content on this website is to be seen as a recommendation to enter into or refrain from entering into specific transactions, without obtaining personal advice which takes into account the user’s individual requirements and overall situation.

This website may include links to the websites of other providers whose content is not necessarily authorized or regularly checked by KENSTONE. KENSTONE therefore accepts no liability for content on third party websites. This also applies to stock exchange, financial and other price-sensitive information which is included on this website in real time or with a time delay from the systems of third party providers.

2. Limit of liability

Users use the website at their own risk. The user bears sole responsibility and the risk of loss resulting from downloading, accessing or using the website and/or its content.

With the exception of liability for damage resulting from its own gross negligence or intent and where it is not permissible to exclude liability under the applicable law,

a) KENSTONE or its relevant licensor or other third parties which make information and functions available on or through the website, assume no liability under any legal viewpoint for damage resulting from information published on the website or from errors or omissions on the website;

b) KENSTONE or its relevant licensor or other third parties which make information and functions available on or through the website, assume no liability for damage which results from utilizing the services or acquiring goods of third parties, based on information made available on this website;

c) KENSTONE or its relevant licensor or other third parties which make information and functions available on or through the website, cannot be claimed against from any legal viewpoint for damages, whether direct or indirect, punitive, atypical or consequential, which result from using the website or from the website being inaccessible, even if KENSTONE or its relevant licensor or other third parties which make information and functions available on or through the website, has been made aware of the possibility of such damage or such damage could be foreseen.

3. Applicable law and jurisprudence

The present terms of use are based on German law and are to be interpreted in accordance with the laws of the Federal Republic of Germany, unless otherwise stipulated in the contractual terms and conditions.

4. Scope of application

The present terms of use apply for the benefit of KENSTONE and will also include any legal successors and their assignees and agents. Where rights accrue under the present terms of use, KENSTONE may assign these rights to any of the above or another third party.

5. Assignment of tasks

KENSTONE is authorized to have functions relating to the operation of the website exercised by third parties.

6. Amendment of terms of use

KENSTONE is authorized to amend or supplement the present terms of use in any conceivable way. It is recommended that users read the terms of use at the start of each visit to the website to acquaint themselves with any changes.

7. No implied waiver

Should KENSTONE not exercise, or not exercise until a later date, rights accruing to it, this does not constitute a waiver of this right. If KENSTONE only exercises a right in part, this does not exclude the enforcement of the remainder of this right. A waiver of a right accruing to it, does not mean that KENSTONE is waiving or amending any other rights.

8. Different contractual arrangements

Where contractual arrangements between KENSTONE and the user differ from the present terms of use, the contractual arrangements will take precedence.

9. Severability clause

If at any time a provision or part of a provision of the present terms of use becomes unlawful, invalid or unenforceable pursuant to the laws of one jurisdiction, this will not affect the lawfulness, validity or enforceability of the remaining provisions of the present terms of use in that jurisdiction or in any other jurisdiction.

10. Compliance with export regulations

Where the use of this website currently requires or will in future require the use of encryption technology which may be subject to particular export regulations or restrictions, users are prohibited from passing on such technology without the prior written consent of KENSTONE and/or compliance with all relevant export regulations by users and/or compliance with the regulations in the country in which the technology is provided or used.

11. Other provisions

Users do not acquire any rights whatsoever to the website or its content through the use of the website.

Users are prohibited from,

a) using the website (including but not restricted to software from third party providers, where this is used) to offer services for the benefit of third parties;

b) modifying or removing the copyright notices on the website of KENSTONE or a third party, where these are included in the KENSTONE website;

c) using trademarks, service and product descriptions, domain names, logos or other identifying features of KENSTONE or third parties, where these are included on the KENSTONE website, with the prior written consent of KENSTONE or the relevant third party;

d) copying, downloading free of charge or storing market information of any type, apart from the usual interim storage when viewing the corresponding page, as well as from passing on such market information or permitting access to the same.