GENERAL CONDITIONS FOR THE USE OF newindfoods.com WEB SITE
These General Conditions regulate the use (access included) and operation of www.newindfoods.com web site.
In accordance with the provisions of Law 34/2002, of 11 July, on Information Society and Electronic Commerce Services, NEWIND FOODS.com web site is owned by NEWIND FOODS S.L., (hereinafter referred to as NEWIND FOODS), registered in the Mercantile Registry of Madrid, Volume 39967, Sheet 105, Page M 709878, with business address for notification purposes C/ Enrique Granados, 6 – Edificio IMCE B 28224 Pozuelo de Alarcón – Madrid – Spain, Tax Identification Number B09493560 and electronic mail firstname.lastname@example.org.
ACCEPTANCE OF THE CONDITIONS OF USE
The use of this web site confers on the user the condition of User of the web site, which implies the acceptance of these General Conditions in the version published at the time at which it was accessed.
For this reason, NEWIND FOODS recommends the User reading these General Conditions thoroughly when accessing the web site.
Consequently, all visitors and/or users will be responsible for carefully reading these General Conditions of Use each time he/she accesses this web site. If the User does not agree with any of the conditions laid down herein, he/she should not use this web site.
NEWIND FOODS may alter at any time, and without prior notice, the design, presentation and/or setting of the web site, as well as any or all of the Contents, and modify the general conditions and/or particular conditions required in order to use the contents.
USE OF THE SITE
The User is aware of and voluntarily accepts that the use of the newindfoods.com web site takes place, in any case, under his/her sole and exclusive responsibility.
While making use of the newindfoods.com site, the User undertakes not to act in any way that may damage the image, interest or rights of NEWIND FOODS or of third parties, or that may damage, render useless or overload the site, or that may impede, in any way, the normal use of the site.
The Contents of newindfoods.com web site are made available to the User with information taken from its own and third-party sources.
The inclusion of Contents in newindfoods.com web site in no way constitutes the provision of services. Users acknowledge that as far as the application of the law to specific cases is not automatic but rather varies depending on a very wide range of circumstances. Therefore, NEWIND FOODS advises Users not to take decisions based on the information included in the Contents without obtaining suitable professional advice.
NEWIND FOODS may not be held liable for errors or omissions that might be contained in this web site, nor assume any obligation or commitment to verify or monitor the content and information in this web page.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The User agrees and acknowledges through these General Conditions that all intellectual and industrial property rights of the contents and/or any other element included in this web site ( including without limitation, brand names, logos, trade names, texts, images, graphs, designs, sounds, databases, software, flow charts, presentation, “look-and-feel”, audio and video) are exclusively owned by NEWIND FOODS and/or by third parties, who have the exclusive right to use them in the course of trade.
Under no circumstances is the access to this web site indicative of any type of refusal, transmission, licence or total or partial transfer of said rights, unless otherwise expressly established. These present General Conditions of Use of the web site do not confer Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the web site and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to prior express authorization specifically granted to that effect by NEWIND FOODS or a third party that owns the rights in question.
Any claims brought against the Company by Users or third parties in relation to infringements of intellectual or industrial property rights relating to any of the content in this web site should be sent to the following e-mail address email@example.com, including the following information:
1.-Name and surname(s), postal and e-mail address of the person affected, or as the case may be, of the person authorised to act on their behalf, indicating the title under which representation is held (hereinafter referred to as the claimer).
2.- A claimer’s statement claiming to be the owner of the purportedly broken rights, including his/her signature, whether physical or digital.
3.- A precise description of the content protected by the supposedly infringed intellectual property rights, as well as its exact location within the web site.
4.- A claimer’s express statement asserting that the use of the contents has been made without the consent of the owner of the purportedly broken rights.
4.1 Domain names
In the same sense that that referred in the previous section, the domain name newindfoods.com and all those that are used for accessing in a direct way to the present site are exclusively owned by NEWIND FOODS. Undue use of the said domains in the course of trade would imply infringement of the rights conferred by registration thereof and any such infringement will be prosecuted in accordance with Law.
Contents, text, photographs, designs, logos, images, sounds, videos, animations, recordings, computer programmes, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as an artistic multimedia creation, are protected as copyright by the intellectual property law.
4.3 Personal Use
NEWIND FOODS authorises Users to use, view, obtain a temporary copy, download and store the contents and/or elements inserted in the web site exclusively for personal, private and non-profit use; provided that all copies include the indication of the origin and/or author, and, if ever, the copyright symbol and/or intellectual property notices.
Use, reproduction, communication and/or distribution of those element is strictly prohibited for commercial or profit purposes, as well as its modification, alteration or decompiling.
Any other use rather than those set forth hereby will require prior written consent by the holder of the rights in question.
4.4 Reserve of actions
Users of this web site undertake to respect the rights laid out herein and to avoid any act that might be damaging them, and in all cases, NEWIND FOODS reserves the right to exercise whatever legal actions or procedures that might correspond to it in legitimate defence of its intellectual and industrial property rights.DISCLAIMER OF GUARANTEE AND LIABILITY
Disclaimer of guarantee and liability for the functioning of the Portal
NEWIND FOODS does not guarantee the availability and continuity of the functioning of the web site. Likewise, NEWIND FOODS shall, under no circumstances, be responsible for any damage or harm that might derive from:
(iii) other damage that might be caused by third persons by means of unauthorised intrusions beyond the control ofthe Foundation.
- Lack of availability or accessibility to the web site;
- Interruption in the operation of the web site or computer breakdowns, telephone faults, disconnections, delays or saturations caused by deficiencies or overloading of telephone lines, of the Internet system or of other electronic systems occurring in the course of operation thereof;
- Unsuitability of the web site for the specific needs of Users;
- Other damage that might be caused by third persons by means of unauthorised intrusions beyond the control ofNEWIND FOODS.
NEWIND FOODS cannot warrant the absence of viruses or other elements on the web site introduced by third parties unrelated with NEWIND FOODS that might give rise to alterations in the hardware or software systems of the Users or in the electronic documents and files stored in their systems.
NEWIND FOODS adopts a number of protection measures to protect the web site and contents against hackers. However, NEWIND FOODS does not guarantee the unauthorised use by third parties to access the type of use of the web site made by the User or conditions, characteristics and circumstances in which such use is made. NEWIND FOODS shall consequently in no event be responsible for damages or losses derived from such unauthorised access.
5.2 Disclaimer of guarantee and liability for the functioning of the Portal of the services and of the contents by Users
NEWIND FOODS shall in no event be responsible for the use that Users and/or third parties may make of the web site or of the contents, or for any damages arising therefrom.
NEWIND FOODS excludes any liability for damages of any nature that may be due to the use of the services and of the contents by the Users, or that may be due to the lack of truthfulness, term, exhaustiveness and/or authenticity of the information that the users provide about themselves, and in particular, although not exclusively, for the damages of any nature that may be due to the impersonation of a third party carried out by a user in any kind of communication made through the web portal.
5.3 Disclaimer of guarantee and liability for the Contents
NEWIND FOODS shall in no event be responsible for damages derived from:
- Damages of any nature due to the lack of lawfulness, reliability, suitability, veracity, accuracy, exhaustivity and up-to-date of contents.
- The inadequacy of the Contents for any purpose and the non-fulfilment of the expectations thereof.
- PERSONAL DATA
By simply visiting newindfoods.com web site, no data of a personal nature that may identify a User will be automatically registered.
However, certain non-personal information that cannot be identified with the User is collected and stored on NEWIND FOODS Internet servers (for example, type of browser and operating system of the User) with the sole purpose of improving the User browsing and management of the newindfoods.com web site.
NEWIND FOODS may request personal data from the User in order to use certain contents or services, complying at all times the Law on Personal Data Protection and development regulations.
MODIFICATION AND TERMINATION OF SERVICES
Duration of this site is, at first, indefinite. However, NEWIND FOODS reserves the right to modify, cancel or terminate the provision of services at any time without prior notice, as well as these General Conditions.
APPLICABLE LAW AND JURISDICTION
These General Conditions of Use are governed by the Spanish laws. Any dispute concerning newindfoods com web site will be substantiated under the Spanish jurisdiction, and the parties submitting to the Courts and Tribunals of the city of Burgos, and their higher courts, with an express waiver of any other jurisdiction if they were different from the above-mentioned.
The easiest and most effective way to ask for clarification or to make a complaint, suggestion or comment is through the sending of an e-mail to firstname.lastname@example.org.
Access to and use of this web site implies acceptance of these General Conditions.
Copyright 2021. NEWIND FOODS S.L. All rights reserved and registered. Total or partial reproduction is prohibited.