1. THESE GENERAL CONDITIONS AND THEIR ACCEPTANCE
These general conditions (hereinafter, the “General Conditions”) govern the use of the Internet portal service “www.aln.com“ (hereinafter, the “Portal”), which Agrolaboratorios Nutricionales, S.A., with tax ID number A92790690 (hereinafter, “aln”), provides free of charge to Internet users. aln’s headquarters are located at Calle Marconi 8, Industrial Estate of Estepona (Málaga), Spain.
The URL http://www.aln.com is legally registered with the Commercial Registry of Estepona (Spain) under the name Agrolaboratorios Nutricionales, S.A.
Use of the Portal grants the user the status of User (hereinafter, the “User”) and implies full and unconditional acceptance of each and every one of these General Conditions as published by aln at the time the User accesses the Portal. Accordingly, the User must carefully read the General Conditions each time they intend to use the Portal.
Use of certain services offered to Users through the Portal may be subject to Specific Conditions (hereinafter, the “Specific Conditions”), which, depending on the case, may supplement, modify, or replace these General Conditions. Therefore, prior to using such services, the User must also carefully read the corresponding Specific Conditions.
Additionally, the use of the Service is also subject to all notices, rules of use, and instructions communicated to the User by aln, which supplement the provisions of these General Conditions, provided they do not contradict them
2. PURPOSE
Through the Portal, aln provides Users with access to and use of various services and content made available by aln or by third-party users and/or third-party content and service providers (hereinafter, the “Services”).
aln reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Portal, as well as the Services and the conditions required for use of the Portal and Services.
3. CONDITIONS OF ACCESS AND USE OF THE PORTAL
3.1. Free access and use of the Portal
The provision of the Portal service by aln is free of charge for Users and does not require prior subscription or registration by the User. However, the use of certain Services may only be available through User subscription and/or payment of a fee, as expressly indicated in the corresponding Specific Conditions.
3.2. User Registration
aln reserves certain Services offered through the Portal for registered users only. Registration is completed through the User registration form provided by aln for those interested in subscribing to the newsletter and updates service. Additionally, aln may offer other Services that require further registration by the User.
In either case, the User agrees to select, use, and keep their username (hereinafter, “login”) and password (hereinafter, “password”) (collectively referred to as the “Access Credentials”) in accordance with clauses 3.2.1 and 3.2.2 of these General Conditions.
3.2.1. Assignment of Access Credentials
aln will either assign the Access Credentials individually or indicate how the User can choose them. The User may not choose usernames that are offensive, inappropriate, similar to trademarks, trade names, business signs, company names, advertising slogans, names or pseudonyms of public figures or celebrities (without proper authorization), or in general, anything contrary to law, morality, or commonly accepted good customs.
Assignment of Access Credentials is automatic, and the only criterion applied is the non-existence of previously registered identical credentials.
If no selection is made by the User, aln will assign the credentials. The User may later change their password, provided it complies with the rules stated above and any technical requirements indicated by aln.
3.2.2. Use and Protection
The User agrees to use the Access Credentials diligently and not to disclose them to third parties.
The User also agrees to inform aln as soon as possible in the event of loss, theft, or suspected unauthorized access to the credentials by third parties.
3.3. Obligation to use the Portal and Services appropriately
The User agrees to use the Portal and the Services in accordance with the law, these General Conditions, good morals and commonly accepted practices, and public order.
The User shall refrain from using the Portal and the Services for unlawful purposes, purposes contrary to these General Conditions, or in ways that may harm the rights and interests of third parties or damage, disable, overload, or impair the Portal or its Services, or interfere with the normal use and enjoyment of the Portal and Services by other Users.
3.4. Means of Obtaining Content
The User must refrain from obtaining or even attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and, in general, any type of material accessible through the Portal or the Services (hereinafter, the “Content”) using means or procedures other than those which, depending on the case, have been made available for this purpose or have been indicated for this purpose on the web pages where the Content is located, or, in general, those normally used on the Internet for this purpose, provided that they do not entail a risk of damage or disablement of the Portal, the Services, and/or the Content.
3.5. Proper Use of the Content
The User undertakes to use the Content in a diligent, correct, and lawful manner and, in particular, agrees to refrain from:
(a) using the Content in ways, for purposes, or with effects contrary to the law, morality, generally accepted good customs, or public order;
(b) reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the Content, unless authorized by the owner of the corresponding rights or it is legally permitted;
(c) removing, bypassing, or manipulating the copyright and other identifying data of the rights of ALN or its owners incorporated into the Content, as well as any technical protection devices, digital fingerprints, or any information mechanisms that the Content may contain.
3.6. Use of Services Offered on the Portal in Accordance with ALN’s Anti-Spamming Policy
The User undertakes to use the Services in accordance with ALN’s Anti-Spamming Policy and, in particular, agrees to refrain from:
(i) sending unsolicited advertising or communications of any kind with sales or commercial purposes to multiple people without their prior request or consent;
(ii) sending any other unsolicited or previously unconsented messages to multiple people;
(iii) sending chains of unsolicited or previously unconsented electronic messages;
(iv) using distribution lists accessible through the Portal or the Services for the purposes outlined in (i) to (iii);
(v) making data obtained from distribution lists available to third parties for any purpose.
Users affected by the receipt of unsolicited messages addressed to multiple recipients may report it to ALN by filling out the Customer Service form available on the portal and indicating the practice in the Comments or Observations section.
3.7. Introduction of Hyperlinks Granting Access to the Portal and Services
Users and, in general, anyone intending to establish a hyperlink between their website and the Portal (hereinafter, the “Hyperlink”) must comply with the following conditions:
(a) The Hyperlink will only allow access to the Portal’s web pages but may not reproduce them in any form;
(b) Hyperlinks may not be established to any Portal web pages other than the home page;
(c) No browser or border environment shall be created around the Portal’s web pages;
(d) No false, inaccurate, or incorrect statements shall be made about the Portal’s web pages and Services, particularly regarding ALN’s authorization or supervision of the Hyperlink or the services provided on the linked page;
(e) Except for signs that are part of the same Hyperlink, the website where the Hyperlink is established shall not contain any trademarks, trade names, business signs, names, logos, slogans, or other distinctive signs belonging to ALN;
(f) The website where the Hyperlink is established shall not contain any unlawful content or content contrary to morality, generally accepted good customs, or public order, nor content that violates the rights of third parties.
The establishment of the Hyperlink does not imply the existence of any relationship between ALN and the owner of the website on which it is established, nor ALN’s acceptance or approval of its content or services.
4. Personal Data
To use certain Services, Users must first provide ALN with certain personal data (hereinafter, “Personal Data”). ALN will process the Personal Data automatically, in accordance with the purposes and under the conditions defined in its Privacy Policy, available in the “Privacy Policy” section of the Portal.
5. Use of Cookie Technology
ALN uses cookies when a User navigates through the Portal’s websites and web pages. ALN’s cookies are associated only with an anonymous User and their computer and do not provide references that allow the User’s name and surname to be deduced. ALN’s cookies cannot read data from the User’s hard drive or read cookie files created by other providers. For greater security, ALN encrypts the User’s identification data. Thanks to cookies, ALN can recognize registered Users after they have registered for the first time, without requiring them to register again with each visit to access restricted areas and services. Users may configure their browser to receive cookie alerts on screen and prevent cookies from being installed on their hard drive. Please consult your browser’s instructions and manuals for more information. Use of the Portal does not require that Users allow the installation of ALN’s cookies, although in such cases, Users will need to register each time they access a service requiring prior registration.
6. Use of the Portal, Services, and Content Under the Exclusive Responsibility of the User
The User acknowledges and voluntarily accepts that the use of the Portal, the Services, and the Content is, in any case, under their sole and exclusive responsibility.
7. DISCLAIMER OF WARRANTIES AND LIABILITY
7.1. Disclaimer of Warranties and Liability for the Operation of the Portal and Services
7.1.1. Availability and Continuity, Usefulness, and Fallibility
ALN does not guarantee the availability and continuity of the operation of the Portal and the Services. Whenever reasonably possible, ALN will give prior notice of interruptions in the operation of the Portal and the Services. ALN also does not guarantee the usefulness of the Portal and the Services for performing any particular activity, nor their infallibility, and in particular, though not exclusively, that Users will actually be able to use the Portal and the Services, access the various web pages of the Portal, or those from which the Services are provided.
ALN DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OF ANY KIND THAT MAY BE DUE TO THE LACK OF AVAILABILITY OR CONTINUITY OF THE OPERATION OF THE PORTAL AND SERVICES, TO THE FAILURE TO MEET USERS’ EXPECTATIONS OF UTILITY REGARDING THE PORTAL AND SERVICES, TO THE FALLIBILITY OF THE PORTAL AND SERVICES, AND IN PARTICULAR, THOUGH NOT EXCLUSIVELY, TO FAILURES IN ACCESSING THE VARIOUS WEB PAGES OF THE PORTAL OR THOSE FROM WHICH THE SERVICES ARE PROVIDED.
7.1.2. Privacy and Security in the Use of the Portal and Services
ALN does not guarantee the privacy or security of the use of the Portal and the Services and, in particular, does not guarantee that unauthorized third parties may not become aware of the type, conditions, characteristics, and circumstances of the use that Users make of the Portal and the Services.
ALN DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OF ANY KIND THAT MAY RESULT FROM UNAUTHORIZED THIRD PARTIES GAINING KNOWLEDGE OF THE TYPE, CONDITIONS, CHARACTERISTICS, AND CIRCUMSTANCES OF USERS’ USE OF THE PORTAL AND SERVICES.
7.2. Disclaimer of Warranties and Liability for the Content
7.2.1. Quality
ALN does not control or guarantee the absence of viruses or other elements in the Content that may cause alterations to Users’ computer systems (software or hardware), or to their electronic documents and files stored in said systems.
ALN DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OF ANY KIND THAT MAY BE DUE TO THE PRESENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS IN THE CONTENT THAT MAY ALTER USERS’ COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS, OR FILES.
7.2.2. Legality, Reliability, and Usefulness
ALN does not guarantee the legality, reliability, or usefulness of the Content.
ALN DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING, OR ACCESS TO THE CONTENT, AND IN PARTICULAR, THOUGH NOT EXCLUSIVELY, FOR DAMAGES THAT MAY RESULT FROM:
(a) Non-compliance with the law, morality, generally accepted good customs, or public order as a result of such activities;
(b) Infringement of intellectual or industrial property rights, trade secrets, contractual commitments of any kind, rights to honor, personal and family privacy, or image rights, property rights, or any other rights belonging to a third party;
(c) Acts of unfair competition and unlawful advertising;
(d) Lack of truthfulness, accuracy, completeness, relevance, and/or timeliness of the content;
(e) Unsuitability for any kind of purpose or the disappointment of expectations generated by the content;
(f) Non-compliance, delay, defective performance, or termination for any reason of obligations assumed by third parties and contracts made with third parties;
(g) Defects or flaws of any kind in the content transmitted, disseminated, stored, made available, or otherwise transmitted or made accessible through the Portal or Services.
7.2.3. Truthfulness, Accuracy, Completeness, and Timeliness
ALN does not guarantee the truthfulness, accuracy, completeness, or timeliness of the Content.
ALN DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OF ANY KIND THAT MAY BE DUE TO THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS, AND/OR TIMELINESS OF THE CONTENT.
7.3. Disclaimer of Warranties and Liability for Services Provided by Third Parties Through the Portal
7.3.1. Quality
ALN does not control or guarantee the absence of viruses or other harmful elements in third-party services provided through the Portal that may cause alterations to Users’ computer systems (software or hardware) or to their electronic documents and files.
ALN DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OF ANY KIND THAT MAY BE DUE TO THE PRESENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS IN THIRD-PARTY SERVICES PROVIDED THROUGH THE PORTAL THAT MAY CAUSE ALTERATIONS TO USERS’ COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS, OR FILES.
7.3.2. Legality, Reliability, and Usefulness
ALN does not guarantee the legality, reliability, or usefulness of the services provided by third parties through the Portal.
ALN DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OF ANY KIND THAT MAY RESULT FROM THIRD-PARTY SERVICES PROVIDED THROUGH THE PORTAL, AND IN PARTICULAR, THOUGH NOT EXCLUSIVELY, FOR DAMAGES THAT MAY RESULT FROM:
(a) Non-compliance with the law, morality, generally accepted good customs, or public order as a result of such services;
(b) Infringement of intellectual or industrial property rights, trade secrets, contractual obligations of any kind, rights to honor, personal and family privacy, image rights, property rights, or any other rights of third parties;
(c) Acts of unfair competition and unlawful advertising;
(d) Lack of truthfulness, accuracy, completeness, relevance, and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available, or accessible through such services;
(e) Unsuitability for any kind of purpose or the frustration of expectations generated by such services;
(f) Non-compliance, delay, defective performance, or termination for any reason of obligations undertaken by third parties and contracts made with third parties in relation to or as a result of the provision of such services;
(g) Any kind of defects or flaws in the services provided by third parties through the Portal.
7.4. Disclaimer of Warranties and Liability for Information, Content, and Services Hosted Outside the Portal
The Portal provides Users with technical linking tools (such as links, banners, buttons), directories, and search tools that allow Users to access websites owned or managed by third parties (hereinafter, “Linked Sites”). The sole purpose of including these links, directories, and tools is to facilitate access to information, content, and services available on the Internet.
ALN neither offers nor markets, directly or through third parties, the information, content, and services available on Linked Sites, nor does it control, approve, supervise, or claim ownership of them. Therefore, the User must exercise caution when evaluating and using the information, content, and services found on Linked Sites.
ALN DOES NOT GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO:
(a) The operation, availability, accessibility, or continuity of the Linked Sites;
(b) The maintenance of the information, content, and services available on Linked Sites;
(c) The provision or transmission of the information, content, and services on Linked Sites;
(d) The quality, legality, reliability, and usefulness of the information, content, and services on Linked Sites, under the same terms and scope set out in General Conditions 7.2 and 7.3 regarding content and services provided by third parties through the Portal.
7.5. Disclaimer of Warranties and Liability for Users’ Use of the Portal, Services, and Content
ALN is under no obligation to monitor and does not monitor how Users use the Portal, Services, and Content. In particular, ALN does not guarantee that Users use the Portal, Services, and Content in accordance with these General Conditions or any applicable Specific Conditions, or that they do so diligently and prudently. ALN is also not obligated to verify and does not verify Users’ identities, nor the accuracy, validity, completeness, and/or authenticity of the data provided by Users about themselves to other Users.
ALN DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OF ANY KIND THAT MAY RESULT FROM USERS’ USE OF THE SERVICES AND CONTENT OR FROM THE LACK OF ACCURACY, VALIDITY, COMPLETENESS, AND/OR AUTHENTICITY OF THE INFORMATION USERS PROVIDE TO OTHER USERS ABOUT THEMSELVES, AND IN PARTICULAR, THOUGH NOT EXCLUSIVELY, FOR DAMAGES THAT MAY RESULT FROM A USER IMPERSONATING A THIRD PARTY IN ANY KIND OF COMMUNICATION CARRIED OUT THROUGH THE PORTAL.
8. NO LICENSE
aln does not grant any license or authorization of use of any kind over its industrial and intellectual property rights or over any other property or right related to the Portal, the Services, or the Content, unless expressly authorized.
9. DENIAL AND WITHDRAWAL OF ACCESS TO THE PORTAL AND/OR SERVICES
aln reserves the right to deny or withdraw access to the Portal and/or the Services, at any time and without prior notice, to those Users who fail to comply with these General Terms or the applicable Specific Conditions.
10. PROCEDURE IN THE EVENT OF UNLAWFUL ACTIVITIES
If any User or third party considers that there are facts or circumstances indicating the unlawful nature of the use of any content and/or the performance of any activity on the web pages included in or accessible through the Portal—particularly, violations of intellectual or industrial property rights (patents, industrial models and designs, trademarks and trade names, etc.) or other rights—they must send a notification to aln containing the following:
(a) personal details: name, address, telephone number, and email address of the claimant;
(b) specification of the alleged unlawful activity carried out on the Portal and, in particular, in cases of alleged infringement of rights, a precise and detailed indication of the protected content as well as its location on the web pages;
(c) facts or circumstances revealing the unlawful nature of the activity;
(d) in the case of rights violation, an authentic or equivalent signature, with the personal data of the holder of the allegedly infringed rights or of the person authorized to act on their behalf;
(e) an express, clear declaration made under the responsibility of the claimant that the information provided in the notification is accurate and of the unlawful nature of the use of the contents or the conduct described.
These notifications must be sent to:
ATTN: Ruben Menendez,
info@aln.com,
Phone: +34 952800763
Fax: +34 952808647
Address: C/ Marconi 8, Polígono Industrial de Estepona, Málaga, Spain.
11. DURATION AND TERMINATION
The provision of the Portal service and other Services is, in principle, of indefinite duration. However, aln is authorized to terminate or suspend the provision of the Portal service and/or any of the Services at any time, notwithstanding what may be provided in the corresponding Specific Conditions. Whenever reasonably possible, aln will give prior notice of the termination or suspension of the Portal and the other Services.
12. APPLICABLE LAW AND JURISDICTION
These General Terms are governed by Spanish law.
aln and the User expressly waive any other jurisdiction and submit to the courts and tribunals of the city of Málaga (Spain) for any dispute that may arise from the provision of the services subject to these General Terms. In the event the User is domiciled outside of Spain, aln and the User, expressly waiving any other jurisdiction, submit to the courts and tribunals of the city of Málaga (Spain).
