In compliance with the provisions of Law 34/2002 of 11 July, on information society services and electronic commerce, the following general information is brought to the attention of the users of the www.noel-usa.com website and for all web pages that comprise it (hereinafter, the “website”):
• The provider of information society services on the website is the mercantile company Noel Alimentaria, SAU (hereinafter, “NOEL”).
• The NOEL registered office is located at: Calle Pla de Begudà, 17857 – Sant Joan les Fonts, Girona.
• NOEL holds the Spanish Tax Number A-17014713.
• NOEL is registered in the Commercial Register of Girona, Volume 2713, Folio 101, Sheet GI8952.
• Website users have direct and effective communication available to them by writing to the registered office of the company, or through the following means:
• Telephone: (+34 ) 972 290 700
• E-mail: firstname.lastname@example.org
These general terms and conditions of use govern access to the www.noel-usa.com website and the use thereof, as well as all the web pages that comprise it (hereinafter, the “website”) and that Noel Alimentaria, SAU (hereinafter, “NOEL”) makes available to its customers and users of the Internet (hereinafter, “users”).
The use of the website means that the user accepts, without any reservation, all the general terms and conditions in force at the time of accessing the website. If the user does not agree with any of the conditions listed below, they must refrain from using the services provided by NOEL through the website.
NOEL shall not be held liable, indirectly or alternatively, for damages of any kind arising from the use of the website, contrary to the provisions of these terms and conditions of use.
In addition, NOEL reserves the right to modify at any time and without requiring prior notification, these general terms and conditions, as well as their configuration, location and any other terms, whether general or specific, and the regulations of use, instructions or applicable warnings. In addition, NOEL reserves the right to suspend, discontinue or cease the operation of the website at any time.
Through the website, NOEL presents users with various assets, including, among others, data, information, logos, products (hereinafter, “content”), therefore the right of the user is limited to access the content and to use it in the terms set forth in these conditions.
Users of the website must use the contents in a lawful and responsible manner, in accordance with the obligations of users that are presented below.
However, access to the website or the content included therein does not entail any guarantee regarding the suitability of the website or its contents for particular purposes or those specific to the users.
NOEL may establish limitations or additional conditions for use the website and the content or access to them. The user is responsible for referring to such limitations or conditions.
The user undertakes to comply with these general terms and conditions, as well as the special warnings or instructions contained on the website, and to always act in accordance with the law in force. The user also undertakes to act in accordance with good practices and the requirements of good faith. Thus, the website must not be used in a way that can prevent, damage or impair the normal functioning of the site or the property or rights of NOEL, its suppliers, of other users and, in general, of any third party.
Specifically, and without this being taken to mean a restriction in any way of the obligation undertaken by the user of a general nature according to the preceding paragraph; the user, in the use of the website, agrees:
• Not to introduce, store or disseminate, in or from the website, any defamatory, insulting, obscene, threatening or xenophobic information; anything that may incite violence or discrimination on the basis of race, sex, ideology or religion or which may be prejudicial to public morals, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties in any other way and, in general, against the current regulations;
• Not to introduce, store or disseminate on or from the website, any content that violates the rules of intellectual or industrial property regulations or rights of third parties, the confidential nature of any communication and personal data protection law;
• Not to introduce, store or disseminate, via the website, any computer programs, data, viruses, code, hardware or telecommunications equipment or other instruments or electronic or physical devices that may cause damage to the website, the services or equipment, the systems or networks belonging to NOEL or the users and suppliers of NOEL or of third parties in general, or that may impede the operation of such services, equipment, systems or networks;
• Not to destroy, alter, disable or damage data, information, programs or electronic documents displayed or included in the website and belonging to NOEL, its suppliers or third parties;
• Not to carry out spamming, advertising, or promotional activities consisting in the commercial exploitation of the website; therefore, the user may not use the contents or, in particular, the information obtained through the website to advertise, send messages for direct marketing purposes or other commercial purposes or collect or store personal data.
In addition, the user must refrain from:
• Using deep links, page scraping (data mining), robots, spiders or other automated devices, programs, algorithms, methodologies or similar manual processes to access the site or to acquire, copy, or monitor part of the site or its contents in order to obtain or attempt to obtain any materials, documents or information not available through the website itself;
• Exploring, scanning, or assessing the website’s vulnerabilities or of any network connected to the site or violating the security measures or authentication of the site or any network connected to the site;
• Tracking and searching for the data of users, visitors of the website or other NOEL customers, including the accounts of other users; in no way exploiting the website or any other service or information made available or offered through the site, with the purpose of revealing information, which includes, among others, personal identification or information other than that provided by the website;
• Performing actions that cause a disproportionate or unnecessary saturation in the infrastructure of the website or in NOEL’s systems or networks or in the systems and networks connected to the website or to NOEL.
All the contents displayed on the website, including, among others, designs, text, graphics, logos, icons, buttons, software, trade names, trademarks, journalistic articles or other intangible assets protected by the industrial and intellectual property laws and regulations are subject to NOEL’s industrial and intellectual property rights or that of third-party holders whose inclusion on the website has been duly authorised.
Under no circumstances may the user’s access to the website be understood to grant them any license in their favour or that a waiver, transmission or a total or partial transfer of the rights mentioned above has taken place, nor does it confer any right of exploitation of the assets, unless prior express authorisation has been granted, in writing, by NOEL or by the holders of the rights in question.
If any content that may infringe intellectual and industrial property rights is detected on the website, you are kindly requested to inform NOEL of the said infringement. as soon as possible, by sending an email to the address email@example.com, so that we can act with diligence and take the appropriate action.
NOEL does not guarantee the availability and continuity of the website or the services or contents that are offered in it, nor that the said contents are up to date. Neither does it guarantee the technical reliability of its website, nor access to its different pages. Thus, NOEL is released from all liability for damages of any nature that may be caused due to such circumstances.
Provided that no circumstances arise that make this impossible or difficult to execute, and as soon as it is informed of any errors, disconnections or failure to update the contents, NOEL will take all necessary steps to correct the errors, restore communication or update the contents if it is considered appropriate and suitable to its needs and within its capabilities.
Moreover, NOEL does not accept any liability for errors or deficiencies that may arise from use by the user of an outdated or insecure browser, or for any damage, errors or inaccuracies that may arise from the malfunction of the said browser.
In order to reduce the risk of a virus entering the website, NOEL uses virus detection programs to control all the content that it includes in its website. However, it does not guarantee the absence of viruses or other elements on the website introduced by third parties unrelated to NOEL that can produce alterations in the user’s physical or logical systems or in the electronic documents and files stored on their systems. Consequently, under no circumstances shall NOEL be held liable for harm or loss of any nature which may occur by the presence of viruses or other elements that may alter the Users’ physical or logical systems, electronic documents or files.
Similarly, despite the protection measures that NOEL applies against cyber-attacks to its website, to the collected data and content, there is no guarantee that unauthorised third parties may not be able to access the type of use or browsing of the website by the user or the conditions, characteristics and circumstances in which they carry out this use or browsing activity. Thus, under no circumstances shall NOEL be held liable for any damages that may result from such unauthorised access.
NOEL does not control, in general, the use that users make of the web site. In particular, under no circumstances does NOEL guarantee that the users make use of the website in accordance with the law, these terms and conditions of use, morality and generally accepted good practices and public order, nor that they act with diligence and prudence. Therefore, NOEL shall not accept any liability for the use that users or third parties make of the website or its contents, nor for the damages arising from such use. It is the user’s responsibility to take all the appropriate technical measures to reasonably control the identified risks and prevent damage to their technical equipment, data loss or theft of confidential information.
In the course of incorporating third party content onto the website, or links to other Internet sites, NOEL shall not exercise any control over such sites or content. Thus, NOEL offers no guarantee nor assumes any liability with regard to the legality, reliability, truthfulness, accuracy, completeness of such content nor of it being up to date. NOEL also refuses to accept all liability for damages that may result from:
• The lack of legality, quality, veracity, accuracy, completeness or validity of the content generated by third parties;
• The technical unavailability, lack of quality or accuracy of any materials or information contained in any of the hyperlinks or other Internet sites;
• The lack of suitability for any purpose, and the disappointment coming from expectations generated by the contents;
• Decisions or actions taken or omitted by the user relying on the information or data provided in the content, even though this may have resulted in the loss of profits, business opportunities or other damage.
NOEL reserves the right to take as many legal actions as are legally available to demand the liabilities arising from breach of any of the provisions of these general terms and conditions of the website by a user.
The declaration of any of the clauses contained in these general terms and conditions being null and void, invalid or ineffective will not affect the validity or effectiveness of the remaining conditions, which will continue to be binding on the parties. The waiver by either party of any right to require the fulfilment at any given time of any of the obligations set forth herein shall not imply a general waiver being granted nor shall it give rise to an acquired right for the other party.
These terms and conditions shall be governed by that established in Spanish legislation.
In the event of any dispute relating to the conditions governing the use of the website and access to it, the parties will submit themselves to the verdict of the competent Courts and Tribunals of Girona (Spain), and, except in the case that it is required by law to the contrary, expressly waive any other jurisdiction that may correspond to them.