These terms and conditions govern the use of the website www.nutrave.es/en (hereinafter, the “Website”) that Nutrave, with Tax ID (CIF) A-45506854 and registered office in CM 4003, Km. 12 Postal code: 45593 – Bargas – Toledo (hereinafter, Nutrave or the Company) and e-mail address firstname.lastname@example.org, makes available to the users who access its Website (hereinafter, the “User” or “Users”) in order to provide them with information about its products and services.
The use of the website by the User implies that they accept all conditions included in this legal notice.
The provision of the Website’s service has a duration limited to the moment in which the User is connected to the Website or to any of the services provided through it. Therefore, the User should read these terms and conditions carefully every time they intend to use the Website, as they may be amended without prior notice.
Access to and/or use of these services and contents implies full and unconditional acceptance of the specific terms and conditions in the version published by Nutrave when this access and/or use occurs.
It is possible that the domain name under which these services are provided may change throughout the provision of the services included on the Website. Therefore, the User is aware of and accepts this possibility, in which case the obligations accepted by the user and Nutrave in accordance with that established in this document remain fully in force.
2. CONDITIONS OF USE OF THE CONTENTS AND SERVICES
Access to the Website is free of charge, except for the connection cost through the telecommunications network supplied by the access provider chosen by the Users. Certain services are exclusive to certain Users and access to them is restricted.
Under no circumstances may the User amend or delete their identification details existing in the files of Nutrave or of third parties. The User may only access the contents through the means or procedures that have been made available to them on the Website for this purpose or are routinely used on the Internet for that purpose, provided that they do not imply the breaching of Intellectual or Industrial Property rights or involve any type of damage to the Website and/or its information or services offered.
The User is obliged to use the contents and services in a diligent, legal, proper and lawful manner and, particularly, undertakes to refrain from, including but not limited to, the following: (a) using the content and services in a manner and for purposes that are against the law, decency or generally accepted good customs or public order; (b) using the content and services in a way that causes or may cause effects that are against the law, decency and generally accepted good customs or public order; (c) transferring or sharing information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and generally any material that is obscene, offensive, vulgar or that induces criminal, slanderous, libellous, indecent or violent actions or those that are generally contrary to the law, decency and generally accepted good customs or public order; (d) reproducing, copying or distributing the content, as well as allowing public access to it through any means of public communication, or transforming or amending it, except with the authorisation of the holder of the corresponding rights or if legally permitted to do so; (e) breaching the intellectual or industrial property rights of Nutrave or third parties; (f) using the services and content in a way that may cause damage to or an overload of the operation of the Website; (g) making transactions that are fraudulent or may facilitate illegal or fraudulent conduct of any kind; and (h) using the content and services and, particularly, the information of any kind obtained through the Website for any advertising purposes, especially to send advertisements, communications for direct sale purposes or any other kind of commercial purpose, unsolicited messages aimed at individuals or a group of persons, as well as marketing or sharing this information in any way.
The User will be liable for damages of any nature that Nutrave may suffer, directly or indirectly, as a result of the breach of any of the obligations arising from this legal notice or the law in relation to the use of the Website.
3. EXCLUSION OF GUARANTEES AND LIABILITY
Nutrave reserves the right to interrupt access to the Website, as well as to the provision of any or all content provided through it at any time and without prior notice, whether for technical, security, control or maintenance reasons, due to failures in the power supply or for any other well-founded reason.
Consequently, Nutrave does not guarantee the reliability, availability or continuity of the Website or its content, so User will use this Website at their own risk and at no time may they demand compensation for the discontinuity or unavailability of its services.
Nutrave will not be liable if there are service interruptions, delays, errors, malfunctions and generally any other problems whose cause is beyond Nutrave’s control and/or due to the fraudulent or negligent action of the User and/or are the result of force majeure. Without prejudice to that established in article 1,105 of the Commercial Code and for the purposes of these general conditions, all events beyond Nutrave’s control will be understood as included in the concept of force majeure, such as: failures by third parties, operators or service companies, Government action, lack of access to third party networks, acts or omissions by the public authorities, those that take place as a consequence of natural phenomena, blackouts, etc., and attacks by hackers, crackers or other third parties on the security or integrity of the computer system. In any case, regardless of their cause, Nutrave will not be liable for direct or indirect damages, consequential damages and/or loss of profits.
Nutrave is released from any liability for damages and losses of any nature that may be due to a lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, shared, stored, made available or received, obtained or accessed through the Website, nor for the content provided or offered by third parties or entities. Nutrave will do its best to update and rectify any information posted on the Website that does not comply with the minimum accuracy guarantees. However, it will be exempt from liability if this is not up-to-date or rectified, and for the content and information provided therein.
Nutrave is not liable for the content of the information contained on the Website or for any opinions, comments, reviews or any other statements appearing on it that are not directly issued by Nutrave.
Nutrave is exempt from any liability for damages and losses of any kind that may be caused by the presence of a virus or the presence of other harmful elements in the content that could cause alterations to computer systems or the documents or systems stored on them.
Nutrave is not liable for the contents, whatever they may be, that Users send to Nutrave through the Website, via e-mail or by any other means. Any liability arising from the content sent by these Users is therefore attributable to them.
Nutrave is not liable for how the User makes use of the content of the Website, nor for their passwords, as well as any other material contained on the Website, that may lead to a violation of any type of national or international regulation on intellectual or industrial property rights or any other third party right. Similarly, it is not liable for any possible security errors that may be caused by using versions of browsers that are not up-to-date, or the consequences that could derive from the malfunctioning of the browser, whether due to improper configuration, the presence of computer viruses or any other cause external to Nutrave.
5. THIRD PARTY LINKS (OUTGOING LINKS)
The access to the Website service may include technical links, directories and even search tools that allow the User to access Internet websites (hereinafter, “Linked Sites”). In these cases, Nutrave acts as a service provider in accordance with article 17 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter, the “LSSI” for its Spanish name) and will only be liable for the content and services supplied through the Linked Sites if there is effective knowledge that they are illegal or may harm third party goods or rights and the link has not been disabled with due diligence.
In the event that the User believes there to be a Linked Site with illegal or inappropriate content, they may notify Nutrave of this at the contact address outlined in the first section of these terms and conditions, indicating: (a) the notifier: name, address, telephone number and e-mail address; (b) a description of the facts indicating the illegal or inappropriate nature of the Linked Site; and (c) an express statement that the information contained in this notification is accurate. Under no circumstances does this notification entail the obligation to remove the corresponding link, nor does it imply, as set forth in the LSSI, the effective knowledge of the activities and/or contents indicated by the notifier.
Under no circumstances does the existence of Linked Sites imply the existence of agreements with the responsible parties or owners of these, nor that Nutrave recommends, promotes or identifies itself with ?? the statements, content or services provided.
Nutrave is not aware of the content and services of the Linked Sites and therefore is not liable for any damages caused by the illegality, quality, outdatedness, unavailability, error or inadequacy of the content and/or services of the Linked Sites, nor for any other damage not directly attributable to Nutrave, except that outlined in the aforementioned article 17 of the LSSI.
If the User decides to visit and/or use any of the Linked Sites, they do so at their own risk and must take the relevant protection measures against viruses or other damaging elements.
6. LINKS TO THE WEBSITE (INCOMING LINKS)
Internets user who wish to provide links from their own websites to the Website must comply with the conditions detailed below, although a lack of awareness of these will not release them from the responsibilities derived from the law: (a) The link will only link to the home page or main page of the Website but may not replicate it in any way (inline links, deep-links, browser or border environment, copied text, graphs, etc.); (b) It is prohibited, invariably and in accordance with the applicable and current legislation at all times, to establish frames of any kind that surround the Website or allow the contents to be displayed through Internet addresses other than that of the Website and, in all cases, when they are displayed alongside contents external to the Website, in such a way that: (i) causes, or may cause, error, confusion or deception of users regarding the true origin of the service or contents; (ii) entails an act of unfair comparison or imitation; (iii) is used to take advantage of the reputation of the brand and prestige of Nutrave; or (iv) any other act prohibited by the current legislation; (c) No false, inaccurate or incorrect statement or indication about Nutrave, its employees, customers or the quality of the services provided will be made from the website that provides the link; (d) In no case will it be stated or insinuated on the website where the link is located that Nutrave has provided its consent to the insertion of the link or that it in any way sponsors, collaborates with, verifies or oversees the sender’s services; (e) It is prohibited to use any word, graphic or mixed mark, or any other distinctive sign of Nutrave, within the sender’s website, except in the cases permitted by law or expressly authorised by Nutrave and whenever this is permitted there must be a direct link to the Website in the manner established in this clause; (f) The website that establishes the link must faithfully comply with the law and may not under any circumstances contain or link to own or third party content that: (i) is illegal, harmful or contrary to decency and good customs (pornographic, violent, racist, etc.); (ii) incite or may incite, in the User, the misconception that Nutrave subscribes to, endorses, adheres to or in any way supports the ideas, statements or opinions, legal or illegal, of the sender; (iii) is inappropriate or irrelevant to the activity of Nutrave regarding the place, contents and topic of the sender’s website; and (g) The establishment of the link does not in any way imply the existence of a relationship between Nutrave and the owner of the website in which it is established, nor Nutrave’s acceptance or approval of the content or services offered therein and made available to the public.
Nutrave may request, at any time and without the need to provide reasons for this request, for any link to the Website to be removed, after which the party responsible for the linking website must remove it immediately.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
All content of the Website, this being understood to be, including but not limited to, text, photographs, graphics, images, icons, technology, software, links, domains, marks and other audiovisual or sound content, as well as its graphic design and source codes, is the exclusive property of Nutrave or third parties, whose rights are recognised by Nutrave where relevant, and is subject to intellectual and industrial property rights protected by national and international legislation.
It is strictly prohibited to use any of the elements covered by industrial and intellectual property rights for any purpose, especially commercial, or carry out their distribution, public communication, modification, alteration, transformation or decompilation, unless it has received the express written authorisation of their owners.
The infringement of any of the aforementioned rights may constitute a breach of these provisions, as well as an action constituting a crime of those defined in articles 270 and thereafter of the Criminal Code.
8. GENERAL POINTS
Any clause or provision of this legal notice that is or becomes illegal, invalid or unenforceable will be excluded from it and deemed inapplicable as far as this illegality, invalidity or illegibility applies, and will be replaced by another that resembles it as closely as possible. It will not affect or harm the remaining provisions which will be kept separate from any illegal, invalid or unenforceable clause or provision and in contrast will continue to have full force and effect.
Nutrave excludes any type of guarantee and is therefore free from all liability derived from the points expressed above, as well as other aspects that may not be included in this document.
9. APPLICABLE LAW AND JURISDICTION
The relationship between Nutrave and the user will be governed by current Spanish legislation and any dispute will be submitted to the Courts and Tribunals of the user’s registered address.