Terms of Use and Licence Conditions for KWC Group media data

KWC Group AG is the owner of the copyrights and/or the holder of an exclusive licence to the copyrights for logo and image material. KWC Group AG shall make available the provided media data until further notice under the following conditions:

1. Operator and scope of validity

1.1 The provider and therefore the contractual partner of the users of media data is KWC Group AG, KWC-Gasse 1, 5726 Unterkulm, Switzerland (hereinafter referred to as "KWC Group").
1.2. The following Licence Conditions and Terms of Use contain the basic rules for the use of intellectual property of the KWC Group and for all legal transactions and actions similar to legal transactions between the User of the service and the KWC Group unless expressly stipulated otherwise in a written agreement. The media data in question is logo, image and text material as well as brand guidelines of the KWC Group.

2. Use and registration

2.1 By using the media data, the User accepts the following Licence Conditions and Terms of Use. If the User does not accept these, the User is not entitled to use the media data provided.
2.2 The User must not transfer the media data to any third party for use by said third party. Third parties in the meaning of these Licence Conditions and Terms of Use are all companies, natural persons and legal entities that do not act for or on behalf of the KWC Group and do not act in accordance with Section 3 of these Licence Conditions and Terms of Use. This excludes advertising agencies, printers or other contractual partners of the User who produce advertising materials for the User. In particular, the transfer of the entire work or parts thereof, either free of charge or in return for payment, is prohibited. The same applies to any form of unauthorised reproduction.

3. Copyrights and rights of use, liability

3.1 All intellectual property rights to the media data shall remain with KWC Group within the scope of the applicable law. The rights of use temporarily granted to the User may be withdrawn at any time and without stating a reason in accordance with Item 6 below.
3.2 The KWC Group accepts no liability whatsoever relating to the use of the data provided, in particular for the absence of errors and viruses, for the colour accuracy and quality of the data, for any potential consequences of downloading and using the media data, in particular with regard to its content.
3.3 The KWC Group grants the User the right to use the images and the logos for the purpose of advertising and promoting products or for appropriate press coverage. The images may also be used on the Internet for advertising purposes, dealer websites or for other illustrations.
In general, the following must be taken into account:
3.3.1 The owner of the intellectual property must be explicitly and unambiguously named either by using the corresponding logo or the image caption (Photo/Source: KWC Group).
3.3.2 The advertiser must comply with all legal provisions related to competition law. In the event of anti-competitive behaviour, the User shall be liable to pay compensation to third parties and to the KWC Group. The User shall release the KWC Group from corresponding compensation claims by third parties upon the first request.
3.3.3 Retouching of media is prohibited and requires the express written consent of the KWC Group.
3.3.4 KWC Group images may be used at the latest until a new product range is released at the latest.
3.3.5 Any use of the media data in question in a context in which reputational damage may occur or in a context that does not appear to be suitable for the direct advertising of KWC Group products requires the express written consent of the KWC Group.

4. Infringements of the Licence Conditions and Terms of Use

If the User violates these Licence Conditions and Terms of Use or otherwise damages the interests of the KWC Group or business partners, the KWC Group has the right to prohibit the User from using the media data with immediate effect. The User is liable for any expenses and damages incurred by the KWC Group.

5. Withdrawal of the rights of use

Once the right of use has expired, the User undertakes to cease all use. For printed materials, the User shall be granted a grace period of six months from the time that the usage rights were terminated.

6. Effectiveness of these provisions

6.1 Should individual provisions of these Licence Conditions and Terms of Use be invalid, the validity of the other provisions shall not be affected. The contractual parties undertake to replace the invalid provision with a valid provision that achieves the commercial success and legal purpose intended by the invalid provision to the greatest degree possible.
6.2 All amendments or supplements to these Licence Conditions and Terms of Use must be made in writing to be legally valid. This also applies to any waiver of the requirement for the written form.
6.3 The contractual parties agree that Swiss law shall apply. The place of jurisdiction shall be the cantonal court with jurisdiction over Unterkulm.

As KWC Group AG with all associated companies, we are not permitted to use the Franke brand for further internal and external presentation after 01 May 2023. We therefore request that you revise the image and text data by this date.