Terms & Conditions

1. Acceptance of Terms of Use

2. Modification of Terms

3. Privacy Policy

4. Disclaimers

5. Registration

6. Contributor

7. Limitation of Liability

8. Third Party Content/Software

9. Copyright and Trademarks

10. Proprietary Rights in Web Site

11. U.S. Copyright Infringement Claims

12. Google Analytics

13. Google AdWords and Google Conversion-Tracking

14. Indemnification and Release

15. Shut‑Down of Site

16. Kappa Products

17. Safe Harbor' Statement under the Private Securities Litigation Reform Act of 1995

18. Dispute Resolution

19. Severability

20. No Waiver

21. Headings.

Terms of use

This website ("Web Site") is offered to you by Kappa Bioscience Europe GmbH- A member of the Kappa Bioscience Group, Friesenweg 4, Building 13, 22763 Hamburg, Germany ("Kappa").

The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

1. Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT access or use this Web Site.

2. Modification of Terms

These Terms of Use may be amended by Kappa at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other Kappa web sites may have their own terms of use which apply to such web sites.

Kappa reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. Kappa reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3. Privacy Policy

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with Kappa' Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Web Site.

4. Disclaimers

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". KAPPA AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. Neither Kappa nor its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

This is a public web site. You should have no expectation of confidentiality with respect to any User Content you may submit on this Web Site. Do not submit confidential information here.

Kappa and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by Kappa are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

5. Registration

Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register as a contributor. This registration is free of charge.  When you register, you must choose a unique user name or "handle" and password and you must provide a unique, valid, current and verifiable e‑mail address. Duplicate user names and e‑mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e‑mail with your registered information. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your submitted content to the Web Site or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by e‑mail info@kappabio.com. We may, at our own discretion, bar registration from any specific e‑mail service or ISP.

6. Contributor

By submitting any User Content to the Web Site, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.

You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the Web Site. You shall also not forge headers or manipulate identifies or other data in order to disguise the origin of any Content and/or User Content transmitted through our Web Site or to manipulate your presence on the Web Site. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

You affirm, represent and warrant that the User Content submitted to the Web Site does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.

You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you within the Web Site that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.

You hereby grant to Kappa, its subsidiaries, affiliates, brand licensees and other partners a worldwide, irrevocable, royalty free, non‑exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Web Site or any other Kappa web site or in other Kappa marketing or public relations materials in any and all media.

You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. Kappa may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Kappa, its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Web Site.

Kappa does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Kappa expressly disclaims any and all liability in connection with User Content.

Kappa has the sole right and ability to edit and/or remove messages or any other User Content which are objectionable, improper or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact Kappa immediately by e‑mail at . Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular User Content immediately.

7. Limitation of Liability

IN NO EVENT SHALL KAPPA OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF KAPPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF KAPPA.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.

8. Third Party Content/Software

Kappa is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party in accordance with the Terms of Use. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefor.

Any software made available for downloading from or through this Web Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. KAPPA HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON‑INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

9. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by Kappa, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to Kappa Ingredients GmbH and / or its brand licensees, other partners or licensors. All rights in the Content not expressly granted herein are reserved.

All registered trademarks of Kappa and its affiliates are important assets of the company. Proper use of these trademarks is important and you should follow the instructions of Kappa when referencing our company’ products and services.

The use and registration of the KAPPA name is exclusively reserved to our company. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the Kappa name or any name similar thereto or any name which consists of a part of the Kappa name forms part nor shall it include any other registered trademark owned by Koninklijke Kappa N.V.

10. Proprietary Rights in the Web Site

This Web Site is public by nature and any information submitted on it shall be deemed non‑confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a "publication" of such invention under applicable patent laws.

You acknowledge that any User Content submitted and/or discussed on the Web Site may be the subject of patents, copyrights, trademarks and other intellectual property rights of Kappa, its subsidiaries, affiliates, brand licensees, other partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Web Site, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.

11. U.S. Copyright Infringement Claims

If you know or suspect that any of the materials on this Web Site (including but not limited to materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please send notice to Kappa' designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:

A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

 By Mail: info@kappabio.com

 The preceding information is provided exclusively for notifying Kappa that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process.

12. Google Analytics

Notice:

The revision of the existing Google (Universal) Analytics clause became necessary because Google has restructured its web analytics service and in doing so has also included the Google Signals extension feature.

Disclaimer for Google (Universal) Analytics

Disclaimer for Google (Universal) Analytics with Google Signals

Our website uses the web analytics service Google (Universal) Analytics, operated by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google (Universal) Analytics uses "cookies." Cookies are text files that enable an analysis of your use of our website. Cookies are stored on your device. Information collected in the cookie about your use of our website (including your IP address in shortened form) is transmitted from your browser to a Google server and stored there. Here, a transmission to the servers of Google LLC. in the USA is possible. This website uses Google (Universal) Analytics exclusively with the extension "_anonymizeIp()". This configuration of the web analytics service ensures anonymization of the IP address by shortening it and excludes direct personal reference. The shortening of your IP address by Google takes place within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is it possible for the full IP address to be transferred to a Google LLC.server in the USA and shortened there. In the event of such an exception, this processing is carried out in accordance with Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in the statistical analysis of user behaviour for optimization and marketing purposes. On our behalf, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing us with complementary services relating to the website and internet usage. Your IP address transmitted as part of Google (Universal) Analytics will not be merged with other data from Google. You can prevent cookies from being saved by configuring your browser. In this case, however, we point out that not all functions of our website may be fully usable. In addition, you can prevent the collection of data generated by cookies and related to your use of the website (including your IP address) to Google and the processing of this data by Google. This is possible by installing the following browser plugin: tools.google.com/dlpage/gaoptout. As an alternative to the browser plugin or within browsers on mobile devices, please click on the following link. Via this link, you set an opt-out cookie that prohibits the collection by Google Analytics within this website in the future. (This opt-out cookie only works in this browser and only for this domain. If you delete your cookies in this browser, you must click this link again): Deactivate Google Analytics. Further information on Google (Universal) Analytics can be found here: policies.google.com/privacy Google LLC. based in the USA has a certification for the us-European data protection agreement "Privacy Shield", which ensures compliance with the level of data protection applicable in the EU. A current certificate can be viewed here: www.privacyshield.gov/list Our website uses Google Analytics in conjunction with the Google Signals service. Google Signals enables us to perform cross-device evaluations (also "cross-device tracking"). If you have activated "personalized ads" in the settings of your Google account and have linked your Internet-enabled devices to your Google account, Google is able to analyze your user behaviour across devices and create database models based on this. This is done by taking into account logins and device types of all site visitors who are logged in with a Google account and perform a conversion. The data shows, among other things, on which device you first clicked on an ad and on which device the associated conversion took place. We only receive statistics generated on the basis of Google Signals, but no personal data. The processing is carried out in accordance with Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in the statistical analysis of user behaviour for optimization and marketing purposes, which outweighs our interests. You can object to this data processing. To exercise your revocation, please follow the aforementioned objection option. In addition, you have the option of adjusting the settings of your Google account and deactivating "personalized ads". To do this, follow the instructions on this page: support.google.com/ads/answer/2662922 You can read more information about Google Signals here: support.google.com/analytics/answer/7532985 Insofar as the legal requirement exists, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 (1) lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, please follow the objection option described above.

Google Tag Manager

Our website uses the Google Tag Manager. Through this service, website tags can be managed via an interface. The Google Tool Manager only implements tags. This means that no cookies are used and no personal data is collected. The Google Tool Manager triggers other tags, which in turn may collect data. However, the Google Tag Manager does not access this data. If a deactivation has been made at domain or cookie level, it remains in place for all tracking tags, insofar as these are implemented with the Google Tag Manager. The deactivation at domain or cookie level remains in place for all tracking tags that are implemented with Google Tag Manager. Google's privacy policy can be found at: https://policies.google.com/privacy/partners?hl=de

The company Google is certified for the US-European data protection agreement "Privacy Shield". This data protection agreement is intended to ensure compliance with the level of data protection applicable in the EU.

13. Google AdWords and Google Conversion-Tracking

Our website uses Google AdWords. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.

AdWords is an online advertising program. As part of the online advertising program, we work with conversion tracking. After a click on an ad placed by Google, a cookie is set for conversion tracking. Cookies are small text files that your web browser stores on your terminal device. Google AdWords cookies lose their validity after 30 days and are not used to personally identify users. By the cookie, Google and we can recognize that you clicked on an ad and were redirected to our website. The storage of "conversion cookies" is based on Art. 6 (1) lit. f DSGVO. As the website operator, we have a legitimate interest in analyzing user behaviour in order to optimize our website and our advertising.

Each Google AdWords customer receives a different cookie. The cookies are not traceable via websites of AdWords customers. Conversion cookies are used to create conversion statistics for AdWords customers who use conversion tracking. AdWords customers learn how many users clicked on their ad and were redirected to pages with conversion tracking tag. However, AdWords customers do not receive any information that allows personal identification of users. If you do not want to participate in tracking, you can object to its use. In this case, the conversion cookie must be deactivated in the user settings of the browser. In this way, there will also be no inclusion in the conversion tracking statistics.

Details about Google AdWords and Google conversion tracking can be found in Google's privacy policy: https://www.google.de/policies/privacy/.

With a modern web browser, you can monitor, restrict or disable the setting of cookies at https://www.google.com/settings/ads/onweb/ Disabling cookies may result in limited functionality of our website.

Disclaimer:

For the integration and display of map content, our website uses the map service Google Maps. The provider of this service is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

When you call up a page with an integrated map from Google Maps, your IP address is recorded. This information is usually transferred to a Google server in the USA and stored there. Google learns your IP address even if there is no user account through which you are logged in. If you are logged into your user account, Google can assign your surfing behaviour directly to your personal profile. By logging out beforehand, you have the option of preventing this. The provider of this site has no influence on this data transmission.

The use of Google Maps is in the interest of an appealing presentation of our online offers and an easy location of the places indicated by us on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.

Details on the handling of user data can be found in Google's privacy policy:

https://www.google.de/intl/de/policies/privacy/.

14. Indemnification and Release

You agree to indemnify and hold harmless Kappa, its subsidiaries, affiliates, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Web Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, Kappa reserves the right to reveal your identity and any other information Kappa may have about you.

 If you have a dispute with one or more users, you release Kappa, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

15. Shut‑Down of Site

We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Web Site.

16. Kappa Products

The Web Site may contain references to specific Kappa products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local Kappa business contact for further information.

17. Safe Harbor' Statement under the Private Securities Litigation Reform Act of 1995

The information on this website may contain certain forward‑looking statements with respect to the financial condition, results of operations and business of Kappa and certain of the plans and objectives of Kappa with respect to these items. We caution readers that no forward‑looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward‑looking statements. Examples of forward‑looking statements include the statements we have made about our strategy, estimates of sales growth, future EBITA and cost savings, future developments in our organic business as well as the benefit of future acquisitions, and our capital position. By their nature, forward‑looking statements involve risk and uncertainty because they relate to future events and circumstances and there are many factors that could cause actual results and developments to differ materially from those expressed or implied by these forward‑looking statements. The forward looking statements are subject to, among other things, domestic and global economic and business conditions, the successful implementation of our strategy, our ability to identify and complete successful acquisitions and to integrate those acquisitions into our business, consumer preferences with respect to our existing and new products, our ability to develop and market new products, our ability to realize the benefits of this strategy , the policies and actions of governmental and regulatory authorities, changes in legislation, and the impact of competition – a number of which factors are beyond our control. As a result, our actual future results may differ materially from the plans, goals, and expectations set forth in such forward‑looking statements. Additional risks and factors are identified in our documents filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) including in our most recent Annual Report on Form 20‑F, which is available on the SEC’s website at www.sec.gov. Any forward‑looking statements made by or on our behalf speak only as of the date they are made. We do not undertake to update forward‑looking statements to reflect any changes in expectations with regard thereto or any changes in events, conditions or circumstances on which any such statement is based. The reader should, however, consult any additional disclosures that we have made or may make in documents we have filed or may file with the SEC.

18. Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Germany. You agree to the non‑exclusive jurisdiction of the courts in Hamburg, Germany for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Web Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Hamburg, Germany.

19. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

20. No Waiver

No failure on the part of Kappa to enforce any part of these Terms of Use shall constitute a waiver of any of Kappa' rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Kappa nor the reliance of any person on Kappa' actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Kappa shall have any legal effect whatsoever.

21. Headings

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.  Thank you for joining our Web Site.

Last Update: May, 2021‑05‑22