legal
This legal notice regulates the use of the services provided on this Internet portal.
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, users of this website (MANOLET.COM) are informed that the identifying details of the website owner are as follows: Manolet Almonds, S.A., with registered office at C/ Joaquin Turina, 2 – 03203 Elche Industrial Park (Alicante), Spain, and VAT number A98043672 (hereinafter “The Owner”).
This website aims to provide, publicly and free of charge, information about the communication services offered by “The Owner.”
The use of MANOLET.COM grants you the status of user (hereinafter, “User”) and implies the full and unreserved acceptance of each and every provision included in this Legal Notice, as published by “The Owner” at the time the “User” accesses the Portal. Consequently, the “User” must carefully read this Legal Notice each time they use this Portal, as it may undergo modifications.
The use of certain services offered to Users through MANOLET.COM is subject to specific Terms and Conditions that, depending on the case, replace, complement, and/or modify this Legal Notice. Therefore, prior to using these services, the User must also carefully read the corresponding Terms and Conditions.
Additionally, the use of MANOLET.COM is also subject to all notices, usage regulations, and instructions made known to the “User” by “The Owner,” which replace, complement, and/or modify this Legal Notice.
- OBJECT: Through MANOLET.COM, “The Owner” provides “Users” with access to and the use of various communication services and content (hereinafter, the “Services”) made available by “The Owner” or by third parties.
- CONDITIONS OF ACCESS AND USE OF THE PORTAL: Access to and use of MANOLET.COM is free of charge. However, some of the Services provided by “The Owner” or by third parties through MANOLET.COM are subject to a fee, as specified in the corresponding Specific Terms and Conditions.
A) User Registration
In general, the provision of Services does not require prior subscription or registration of Users. However, “The Owner” conditions the use of certain Services on the prior completion of the corresponding User or customer account form, which is visibly available on the website. “The Owner” makes certain Services available to Users that require additional forms to be filled out. This registration will be carried out in the manner expressly indicated in the Service itself or in the Specific Terms and Conditions governing it, always complying with the current regulations on Personal Data Protection.
To use the Services, minors must first obtain permission from their parents, guardians, or legal representatives, who will be held responsible for all actions carried out by the minors under their care. The full responsibility for determining the specific content and Services that minors access lies with the adults in charge of them.
B) Accuracy of Information
All information provided by the User through the Services must be truthful. For this purpose, the User guarantees the authenticity of all data communicated as a result of completing the forms required for subscribing to the Services. Likewise, it is the User’s responsibility to keep all information provided to “The Owner” constantly updated so that it reflects the User’s actual situation at all times. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damages caused to “The Owner” or third parties due to the information provided.
C) Obligation to Make Proper Use of www.manolet.es and Its Services
The User agrees to use WWW.MANOLET.COM and the Services in accordance with the law, this Legal Notice, the Specific Terms and Conditions of certain Services, and other notices, usage regulations, and instructions made known to them, as well as with generally accepted morals, good customs, and public order.
To this end, the User shall refrain from using any of the Services for unlawful purposes or effects, those prohibited in this Legal Notice, those harmful to the rights and interests of third parties, or those that may in any way damage, disable, overload, deteriorate, or hinder the normal use of the Services, computer equipment, or the documents, files, and any kind of content stored on any computer equipment (hacking) belonging to “The Owner,” other Users, or any Internet user (hardware and software).
The User agrees not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any kind of material that:
- in any way is contrary to, undermines, or violates fundamental rights and public freedoms recognized constitutionally, in international treaties, and in the rest of the legislation.
(a) in any way is contrary to, undermines, or violates fundamental rights and public freedoms recognized constitutionally, in international treaties, and in other applicable legislation.
(b) encourages, incites, or promotes criminal, defamatory, slanderous, degrading, violent actions, or, in general, actions that are contrary to the law, morals, generally accepted good customs, or public order.
(c) encourages, incites, or promotes discriminatory actions, attitudes, or thoughts based on gender, race, religion, beliefs, age, or condition.
(d) includes, makes available, or allows access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to the law, morals, generally accepted good customs, or public order.
(e) induces or may induce an unacceptable state of anxiety or fear.
(f) encourages or incites involvement in dangerous, risky, or harmful practices for health and mental well-being.
(g) is false, ambiguous, inaccurate, exaggerated, or outdated, in a way that leads or could lead to misunderstanding about its purpose or the intentions or aims of the communicator.
(h) is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained the necessary authorization from the rights holders to carry out the use being made or intended to be made.
(i) violates the trade secrets of third parties.
(j) is contrary to the right to honor, personal and family privacy, or the personal image of individuals.
(k) in any way undermines the integrity of “The Owner” or third parties.
(l) violates the regulations on the secrecy of communications.
(m) constitutes, where applicable, unlawful, misleading, or unfair advertising and, in general, constitutes unfair competition.
(n) incorporates viruses or other physical or electronic elements that may damage or prevent the normal functioning of the network, system, or computer equipment (hardware and software) of “The Owner” or third parties, or that may damage electronic documents and files stored on such computer equipment.
(o) causes difficulties in the normal functioning of the Service due to its characteristics (such as format, length, etc.).
(p) contains HTML tags other than those expressly authorized by “The Owner.”
D) Obligation to Make Proper Use of the Content
The User agrees to use the content made available to Users on MANOLET.COM—understanding “Content” to include, without limitation, texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound content, as well as its graphic design and source code (hereinafter, the “Content”)—in accordance with the law, this Legal Notice, the Specific Terms and Conditions of certain Services, and other notices, regulations, and instructions made known to them, as well as with generally accepted morals, good customs, and public order. In particular, the User agrees to refrain from:
a) reproducing, copying, distributing, making available, or otherwise publicly communicating, transforming, or modifying the Content, unless authorized by the holder of the corresponding rights or if legally permitted.
(b) removing, manipulating, or in any way altering the “copyright” and other identifying information regarding the reserved rights of “The Owner” or its holders, digital fingerprints, or any other technical means established for their recognition.
The User must refrain from obtaining or even attempting to obtain the Content by using means or procedures other than those that, as the case may be, have been made available for this purpose or have been indicated for this purpose on the MANOLET.COM page where the Content is located, or, in general, those that are commonly used on the Internet for this purpose, provided they do not pose a risk of damage or disablement of MANOLET.COM, the Services, and/or the Content.
E) Use of the Services Offered on manolet.com in Accordance with “The Owner’s” Anti-Spamming Policy
The User is obliged to refrain from:
(a) Collecting data for advertising purposes and sending any kind of advertising or communications for sales or other commercial purposes without prior request or consent.
(b) Sending any other unsolicited or unconsented messages to a large number of people.
(c) Sending chains of unsolicited and unconsented electronic messages.
(d) Using distribution lists accessible through the Services to carry out the activities mentioned above, as well as making available to third parties, for any purpose, data collected from distribution lists.
Users or third parties affected by the receipt of unsolicited messages sent to multiple recipients may inform “The Owner” either in person or by regular mail at Manolet Almonds, S.A., with registered office at C/ Joaquin Turina, 2 – 03203 Elche Industrial Park (Alicante), Spain, or via email at INFO@MANOLET.COM, accompanied by a copy of their ID.
F) No License
All trademarks or distinctive signs of any kind that appear on the Portal are the property of “The Owner” or third parties, and it cannot be understood that the use of or access to the Portal and/or the Services grants the User any rights over the aforementioned trademarks and/or distinctive signs.
Likewise, the Content is the intellectual property of “The Owner” or third parties, and none of the exploitation rights that exist or may exist over such Content are understood to be transferred to the User by virtue of this Legal Notice, beyond what is strictly necessary for the proper use of MANOLET.COM and the Services.
G) Disclaimer of Warranties and Liability
Disclaimer of Warranties and Liability for the Operation of MANOLET.COM and the Services Offered Therein.
(a) Availability, Continuity, Usefulness, and Reliability
“The Owner” does not guarantee the availability or continuity of the operation of the portal and the Services. When reasonably possible, “The Owner” will provide prior notice of any interruptions in the operation of MANOLET.COM and the Services. “The Owner” also does not guarantee the usefulness of MANOLET.COM or the Services for any specific activity, nor their reliability, and in particular, though not exclusively, does not guarantee that Users will be able to effectively use MANOLET.COM and the Services.
(b) Privacidad y seguridad en la utilización de MANOLET.COM y de los Servicios.
“The Owner” does not guarantee the privacy and security of the use of MANOLET.COM and the Services, and, in particular, does not guarantee that unauthorized third parties will not be able to learn about the type, conditions, characteristics, and circumstances of the use that Users make of MANOLET.COM and the Services.
“The Owner” excludes, to the extent permitted by law, any liability for damages of any kind that may arise from the knowledge unauthorized third parties may have of the type, conditions, characteristics, and circumstances of the use that Users make of MANOLET.COM and the Services.
(c) Disclaimer of Warranties and Liability for the Content
“The Owner” does not control or guarantee the absence of viruses or other elements in the Content that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored on your computer system.
“The Owner” excludes, to the extent permitted by law, any liability for damages of any kind that may result from the presence of viruses or other elements in the content that may cause alterations to the Users’ computer systems, electronic documents, or files.
(d) Legality, Reliability, and Usefulness of the Content
“The Owner” does not guarantee the legality, reliability, or usefulness of the Content and excludes, to the extent permitted by law, any liability for damages of any kind that may result from the transmission, dissemination, storage, making available, reception, obtaining, or access to the content. In particular, but not exclusively, for damages that may result from:
(a) the violation of the law, morals, generally accepted good customs, and public order as a result of the transmission, dissemination, storage, making available, reception, obtaining, or access to the content.
(b) the infringement of intellectual and industrial property rights, trade secrets, contractual commitments of any kind, rights to honor, personal and family privacy, and personal image, property rights, and any other rights belonging to a third party as a result of the transmission, dissemination, storage, making available, reception, obtaining, or access to the content.
(c) the performance of acts of unfair competition and unlawful advertising as a result of the transmission, dissemination, storage, making available, reception, obtaining, or access to the content.
(d) the lack of truthfulness, accuracy, completeness, relevance, and/or timeliness of the content.
(e) the unsuitability of the content for any purpose and the failure to meet the expectations generated by the content.
(f) the non-compliance, delay in compliance, defective performance, or termination for any reason of obligations contracted by third parties and contracts made with third parties through or as a result of access to the content.
(g) the flaws and defects of any kind in the content transmitted, disseminated, stored, made available, or otherwise transmitted or made available, received, obtained, or accessed through MANOLET.COM or the services.
(e) Truthfulness, Accuracy, Completeness, and Timeliness
“The Owner” does not guarantee the truthfulness, accuracy, completeness, or timeliness of the content.
“The Owner” excludes, to the extent permitted by law, any liability for damages of any kind that may arise from the lack of truthfulness, accuracy, completeness, and/or timeliness of the content.
It also excludes any liability for damages of any kind that may arise from services provided by third parties through MANOLET.COM, and in particular, though not exclusively, for damages that may arise from:
(a) the violation of the law, morals, generally accepted good customs, and public order as a result of the provision of services by third parties through MANOLET.COM.
(b) the infringement of intellectual and industrial property rights, trade secrets, contractual commitments of any kind, rights to honor, personal and family privacy, and personal image, property rights, and any other rights belonging to a third party as a result of the provision of services by third parties through MANOLET.COM.
(c) the performance of acts of unfair competition and unlawful advertising as a result of the provision of services by third parties through MANOLET.COM.
(d) the lack of truthfulness, accuracy, completeness, relevance, and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available, or accessible through the services provided by third parties via MANOLET.COM.
(e) the unsuitability for any purpose and the failure to meet the expectations generated by the services provided by third parties through MANOLET.COM.
(f) the non-compliance, delay in compliance, defective performance, or termination for any reason of obligations contracted by third parties and contracts made with third parties in relation to or as a result of the provision of services through MANOLET.COM.
(g) the flaws and defects of any kind in the services provided by third parties through MANOLET.COM.
Any liability for damages of any kind that may arise from the use of the services and content by users is excluded, as well as for any damages that may result from the lack of truthfulness, validity, completeness, and/or authenticity of the information that users provide to other users about themselves. In particular, but not exclusively, this includes any damages of any kind that may result from the impersonation of a third party by a user in any communication made through MANOLET.COM.
3.PERSONAL DATA PROTECTION
To use some of the Services, Users must previously provide “The owner” with certain personal data (hereinafter, the “Personal Data”) for the purpose of managing inquiries raised and appointment requests through the MANOLET.COM website, as well as to manage the sending of electronic communications regarding marketing actions, loyalty actions, and others necessary for the proper provision of the service. The conditions are defined in the Privacy Policy section published at the URL HTTPS://MANOLET.COM
“The owner” has adopted the legally required security levels for the protection of personal data and strives to install other additional technical means and measures of protection. However, the User must be aware that security measures on the Internet are not impregnable.
4. PROCEDURE IN CASE OF ILLEGAL ACTIVITIES
In the event that any User or third party believes that there are facts or circumstances that reveal the unlawful nature of the use of any Content and/or the performance of any activity on the MANOLET.COM website, including or accessible through MANOLET.COM, and in particular, the violation of intellectual or industrial property rights (patents, industrial models and designs, trademarks, etc.) or other rights, they must send a notification to “The Owner” containing the following information:
(a) the personal data of the claimant.
(b) a specification of the alleged unlawful activity carried out on MANOLET.COM and, in particular, in cases of an alleged violation of rights, a precise and specific indication of the protected content and its location on the MANOLET.COM website.
(c) the facts or circumstances that reveal the unlawful nature of the said activity.
(d) in the case of a violation of rights, a handwritten or equivalent signature, along with the personal data of the holder of the allegedly infringed rights or the person authorized to act on their behalf.
(e) an express, clear declaration, made under the responsibility of the claimant, stating that the information provided in the notification is accurate and that the use of the content or the activities described are unlawful.
5.NOTIFICATIONS
All notifications and communications (hereinafter, “Notifications”) from the User will be considered effective, for all purposes, when addressed to the User Service in one of the following ways:
- Sending by regular mail to: Manolet Almonds, S.A., with registered office at C/ Joaquin Turina, 2 – 03203 Elche Industrial Park ( Alicante) Spain
- Sending by email to the following address: INFO@MANOLET.COM
All notifications from “The Owner” to the User will be considered effective, for all purposes, when carried out in one of the following ways:
(a) Sending by postal mail to the User’s address when it has been previously provided to “The Owner.”
(b) Sending by email to any of the mailboxes the User has or may have as part of any other service provided by “The Owner” to the User.
(c) Communication via a phone call to the User’s phone number, when it has been previously provided to “The Owner.”
(d) Through pop-up messages sent during the provision of Services by “The Owner” to the User.
6.WITHDRAWAL AND SUSPENSION OF SERVICES
“The Owner” may withdraw or suspend the provision of Services at any time, and without prior notice, to those Users who fail to comply with the provisions of this Legal Notice.
7.DURATION AND TERMINATION
The provision of the MANOLET.COM service and other Services is, in principle, of indefinite duration. However, “The Owner” is authorized to terminate or suspend the provision of the MANOLET.COM service and/or any of the Services at any time, without prejudice to what may have been established in the corresponding Specific Terms and Conditions. When reasonably possible, “The Owner” will provide prior notice of the termination or suspension of the Portal service and other Services.
8.APPLICABLE LAW
This Legal Notice is governed in each and every aspect by Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce, as well as the current regulations on Personal Data Protection.