Terms and Conditions

WELCOME TO KI BIOPHARMA WEBSITE!

These terms and conditions (“Terms and Conditions”) are a legally binding agreement between you, the user that will be utilizing the KI Biopharma website (referenced below as “You” or “User(s)”), and KI Biopharma LLC, a company duly incorporated under the laws of Delaware (“KI Biopharma”, “the Company” or “We”), with respect to the use of the KI Biopharma website (the “Website”).

By using the Website, You accept the Terms and Conditions hereof, including the terms of our Privacy Policy, located at: https://kibiopharma.com/privacy-policy. KI Biopharma reserves the right, in its sole discretion, to modify these Terms and Conditions including any other policies incorporated thereto, at any time by posting the modified provisions on the Website, and You shall be responsible for reviewing and becoming familiar with any such modifications. Please note that any such modifications shall become effective immediately upon posting. You acknowledge that You have read and understood the Terms and Conditions, which constitute a binding and enforceable legal contract between KI Biopharma and You, and You agree to be bound by it and to comply with all applicable laws and regulations regarding your use of the Website and Service, as defined below.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS AND USE ANY PART OF THE WEBSITE.

  1. THE SERVICE

    The Website offers information about the Company, its areas of activity and products, contact info, registration to mailing lists and more (the “Services“).

  2. GENERAL INSTRUCTIONS REGARDING THE USE OF THE WEBSITE

    • KI Biopharma retains all rights, titles, and interests in and to the Website and Service (including all related intellectual property rights). Subject to these Terms and Conditions, KI Biopharma hereby grants You a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Service and the Website, provided that You will not alter or modify any part of the Service or Website. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by KI Biopharma with respect to the Website and/or Services, including any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not.
    • All photos, illustrations, drawings, texts, scripts, designs, graphics, logos, audios, videos, interactive features, trademarks, service marks, trade names, the “look and feel” of the Website, algorithms, source and object code, interface and other features obtained from or through the Website and Services as well as any other content (“Content”) used, displayed, included, incorporated, uploaded, posted or published by KI Biopharma are the sole property of KI Biopharma and/or their licensors (“KI Biopharma‘s Content”), and You may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of KI Biopharma. For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, KI Biopharma’s Content or any part thereof.
    • If You send KI Biopharma feedback or suggestions regarding the Website or the Services, You acknowledge that KI Biopharma may use them at its sole discretion, without any obligation to compensate You in any manner for such feedback or suggestions.
    • Without derogating from any other remedy available under applicable law, KI Biopharma may terminate or suspend your access to the Website and Services (or any part thereof) and the license to use the Website and the Services, immediately, without prior notice or liability, if You: (a) perform illegal act; (b) breach or fail to comply with any of the KI Biopharma Terms; (c) perform an act or omission that may harm the Company or other Users, or the proper operation of the Website; or (d) for any other reasonable cause.
    • The Company does not guarantee that (a) the Website will meet the expectations or requirements of the User; (B) The services and content offered on the Website will be provided without interruptions and without disruptions or errors; or (c) there will not be any unauthorized access to the Company’s computers, malfunctions or failures in the hardware, software and\or any other communications system of the Company and / or anyone acting on its behalf.

  3. PROHIBITED USE

    You hereby warrant, represent and undertake that You will not, and will not permit or authorize third parties, whether with or without consideration, to: (a) use the Service in any way that changes its design or omits any content, including commercial content; (b) access the Website via automated means, including by Crawling, Robots or otherwise; (c) do any use of the Website’s content, including use of information and\or images, for commercial or non-commercial purposes, without obtaining the consent of the Company in writing and in advance, or any use not for the purposes of the Services or contrary to the Terms and conditions; (d) copy, print, edit, distribute, market, use or deliver the contents appearing on the Website, in any way , to others whether the content is information or image, without obtaining the prior written consent of the Company; (e) transmit or delivery of content from the Website in any way, including the publicizing of any output of the information, whether printed or given as a file on magnetic means or in any other manner; (f) sending “spam” or any other use intended to “stalk”; (g) any action that is contrary to the provisions of the law, or that may violate the rights of the Company.

  4. LINKS

    • The Website may contain links to other third parties’ websites that are not owned or controlled by the Company and that it has no control over them. If You choose to visit such third party’s websites, please be aware that such third party’s own terms of use and privacy policy that will apply and govern your activities. The Company does not make any representation or warranty whatsoever regarding such third party’s websites. The Company also does not endorse and cannot ensure that You will be satisfied with any content You accessed from such other third parties, and is not responsible or liable in any manner for your interaction with such third parties.
    • The Company may, from time to time, operate advertising services with third parties such as interactive advertising companies. By using the Website, the User hereby authorizes the Company to transfer data through “Cookies” to those companies, subject to the Company’s Privacy Policy.

  5. WARRANTY AND DISCLAIMER

    You expressly acknowledge and agree that use of the website (as well as any part thereof) is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is solely with you. Subject to applicable law and to the provisions of these terms and conditions, the website is supplied “as is”, and without warranty of any kind. KI Biopharma does not warrant that the use of the service and website will be uninterrupted, error-free or will meet your specific requirements, including as a result of initiated changes to the website. KI Biopharma makes no warranty or representation, either express or implied, regarding the website, the content and your use thereof, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, accuracy, availability, security, compatibility, non-infringement or completeness of responses, results and lack of negligence.

  6. LIMITATION OF LIABILITY

    • In no event shall KI Biopharma, its shareholders, directors, officers or employees, be liable for any personal injury, or any special, incidental, punitive, consequential or indirect damages, including labor costs, loss of data, loss of goodwill, loss of profits, loss of savings, loss of business information, or loss of use or other pecuniary loss, in connection with or arising out of these terms and conditions, the service, the website, or your use of or inability to use the service or the website, however caused, on any theory of liability, regardless of whether KI Biopharma has been advised of the possibility of such damages. In no case shall the aggregate liability of KI Biopharma and its shareholders, directors, officers and employees under these terms and conditions or arising out of or otherwise related or in connection to your use of the service or website exceed the service fee actually paid (if any) by you to KI Biopharma for the service with respect to the claim or cause of action.
    • Without derogating from the foregoing, KI Biopharma assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content or user content, (ii) any unauthorized access to or use of our service, website and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our service or website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service or website through the actions of any third party, and/or (v) any errors or omissions in any content or user content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service or website.

  7. INDEMNIFICATION

    Upon its first demand, You agree to defend, indemnify and hold KI Biopharma, its shareholders, directors, officers and employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) arising from and/or caused due to: (i) your use, misuse of, inability to use and/or activities in connection with the Service and/or Content; (ii) your violation of any of these Terms and Conditions; or (iii) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms and Conditions.

    Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by You, which will not excuse your indemnity obligations hereunder and in which event You will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by You without first obtaining our prior express written approval.

  8. MISCELLANEOUS

    • The Company may change from time to time the structure, appearance and design of the Website, the scope and availability of the Services, and may charge a fee for such Services at its sole discretion or alter any other aspect of the Website (including the complete cessation of the services provided by it) all without prior notice. By their very nature, such changes may involve malfunctions and inconvenience. You shall have no claim or demand against the Company or anyone on its behalf for such changes or malfunctions that may occur as a result of or in connection with those changes.
    • By using the Website you declare that You are aware that the site operates via the Internet and it depends on various factors such as communications and infrastructure providers, servers, and so forth. The Company shall not be liable for the availability of the Website.
    • These Terms and Conditions and their performance shall be governed by and construed and enforced exclusively in accordance with the laws of the State of Delaware, without regard to principles of conflicts of law or any provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the authorized courts of Delaware.
    • These Terms and Conditions and Privacy Policy constitute the entire agreement between You and KI Biopharma with respect to the use of the Website and Services, and supersede all prior or contemporaneous understandings regarding such subject matter. In the event of a discrepancy and/or contradiction between what is stated in these Terms and Conditions and what is mentioned in any publication and/or other information published and/or given by KI Biopharma and/or anyone on its behalf with regard to the Service the provisions of these Terms and Conditions shall prevail.
    • KI Biopharma reserves the right to update these Terms and Conditions from time to time, with or without notice at its sole discretion. Your continued use of our Website and Service will be subject to the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the Website or Service. If You do not cease using the Website or Service, You will be deemed to have accepted those modifications.
    • KI Biopharma may assign at any time any of its rights and/or obligations hereunder to any third party without User’s consent.
    • Without derogating from the Terms and Conditions, the User is aware, agrees and acknowledges that the limitation period for any claim and / or demand against the Company and / or third parties in connection with the User’s use of the Website shall be limited to a period of 6 months and all parties consider this to be an agreement for the limitation period.
    • In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
    • The failure of KI Biopharma to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by KI Biopharma in writing.
    • If you have any questions or queries about these Terms and Conditions or our Website or Service in general, please do not hesitate to contact us via e-mail at: moemena@kibiopharma.com.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM. THESE TERMS AND CONDITIONS SHALL CONSTITUTE THE LEGAL BASIS FOR ANY DISCUSSION BETWEEN YOU AND KI BIOPHARMA OR ANYONE ON ITS BEHALF.