Terms and Conditions – Noene America

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Terms and Conditions

1. Terms and conditions of use of this website

1.1. Introduction

1.1.1. Access to this website and use of the functions (hereinafter, Services) and content (hereinafter, Content) offered on it attributes to the person making such access the status of USER and implies acceptance of all the terms and conditions included in this document. If the USER decides not to accept any of the above-mentioned rules or manifests any type of reservation, he/she must refrain from accessing the website or using its Services and Content.

1.1.2. Access to and/or use of certain Content or Services may be subject to special conditions or rules of use which, depending on the case, may replace, supplement or modify this document. If there should be any contradiction between the special conditions or rules of use and the document, the special rules of use will prevail and, therefore, must also be read and accepted by the USER.

1.1.3. This document and the other conditions set forth on the website may be modified or replaced at any time. The new conditions will replace, complete or modify the current conditions from the time they are published on the website or by any other means that enables the USER to be appraised of them.

1.2. Services offered to the USER

1.2.1. On this website, the USER may have access, among other things, to the following Content and Services:

  • Product purchases
  • Information and news on health-related issues, publications or any other aspect related with the website’s main subject areas
  • Content developed by specialised professionals
  • Directory of recommended addresses (links)
  • Answers to technical queries about the technical materials used in the products
  • Access to games, special offers, discounts, draws and contests offered by Noene America

1.2.2. Noene America reserves the right to modify, suspend, cancel or restrict the website’s Content or Services, its links or the information obtained through it, without having to give prior notice.

1.3. General terms of use

1.3.1. The information contained in the website and the products and services offered through it are intended, primarily, for natural and public and private corporate persons with place of abode in Spain and/or the European Union and/or who access from Spain and/or the European Union. Accordingly, Noene America will not accept any liability for any consequences that may arise from any access made from jurisdictions where distribution or use of such items may be contrary to the regulations applied in that country.

1.3.2. The Content and Services offered through this website are intended for use by people of legal age. Purchase of products by minors is prohibited without the consent of their parents or legal guardians. The parents or legal guardians will be liable for purchases made by minors using falsified data.

1.3.3. Access to the website implies acceptance by the USER of the terms of processing of their personal data, which are described in the Privacy Policy.

In any case, the USER may refrain from accessing the Content or deregister from the Services.

1.3.4. Noene America obtains the Content included in the website from sources that are considered to be reliable. However, it is not possible to guarantee that they are always accurate, complete and up-to-date. Consequently, Noene America will not accept any liability for any error or omission in the information contained in this website.

1.3.5. Although Noene America makes all reasonable effort to ensure that the Content and Services offered through this website are available at all times, the USER should bear in mind that interruptions or limitations in access or use may arise due to fortuitous, unforeseen events or the performance of actions required to carry out improvements, maintenance or similar operations.

1.3.6. The telephone cost incurred by the USER in his/her use of the website and any expenses other than mere access to the site and its provision to the USERS, will be for the account solely of the latter.

1.3.7. Access to certain Content or the use of certain Services on the website may require that the USER download certain software applications onto his/her device. This will be done under the USER’s sole liability. Noene America will not be liable for any consequence arising from these actions.

1.3.8. In accessing the Content and using the Services offered through this website, the USER will abide by the following rules:

a) It will not be permitted to perform uses that harm or damage the rights or interests of Noene America, other USERS or third parties; in particular, intellectual, industrial or similar property rights.

b) It will not be permitted to perform activities that are contrary to Law, morality, public order or generally accepted moral principles.

c) Access will only be possible via the interface made available to the USER by Noene America on this website. Access by other means is prohibited.

d) The USER may not use false identities or impersonate the identity of a third party.

e) It is forbidden to disseminate or handle contents that contain malware or other software that may disrupt, destroy or damage operation of any application, device or telecommunication system.

f) The USER may not perform activities that damage, impair or render unusable the website, its Content or Services, and the equipment, systems and networks that support them, nor access or try to access illicitly those sections to which he/she does not have access, nor interrupt, intercept, manipulate or interfere with use of the services by other USERS.

g) The USER may not modify, delete or manipulate the symbols on the website that indicate Noene America’s intellectual or industrial property rights or those of third parties or the technical devices established to identify or protect content, or alter, remove or manipulate said content in any manner.

2. Liabilities

2.1. The USER acknowledges that he/she uses this website and its Content and Services under his/her sole liability. Specifically, for merely illustrative purposes, Noene America does not accept any liability in the following aspects:

  • Operational availability of the website, its Services and Content, and its quality or interoperability.
  • The degree to which the website serves the USER’s purposes.
  • Infringement of current legislation by the USER or third parties and, specifically, of the intellectual or industrial property rights held by other people or entities.
  • The existence of malware or any other harmful software that may damage computer systems belonging to the USER or third parties. In any case, it is the USER’s responsibility to have installed suitable tools for detecting and disinfecting these elements.
  • Fraudulent access to the Content or Services by unauthorised third parties or, if applicable, interception, deletion, tampering, modification or manipulation by these third parties of any message or communication.
  • The accuracy, veracity, currentness and usefulness of the Content and Services offered and the use subsequently made of them by the USER.
  • The damage caused to computer equipment during access to the website and the damage suffered by the USERS when it is caused by failures or disconnections in the telecommunication networks that lead to disruption of the service.
  • Damage or harm caused by fortuitous circumstances or force majeure.

2.2. Noene America is not required to control the use made by USERS of the Content or Services, such USERS’ identity or the accuracy or veracity of the data or information they provide. The manner in which the Content and Services are used and the information that is published or transmitted is the sole responsibility of the USER, who accepts the obligation to compensate any damage caused to Noene America, other USERS or third parties, including the fees of legal counsel or other professionals, arising from any claim made in court or out of court as a result of non-observance of this document or any other applicable regulations.

In particular, in the use of opinion forums and other similar spaces, it should be remembered that the messages reflect solely the opinion of the USER sending them, under his/her sole liability. Noene America does not accept liability for the content of the messages sent by the USERS.

2.3. Noene America reserves the right to refuse access, at its discretion, to this website or the Services or Content offered on it if there is any indication that said USER will use them for purposes contrary to this document. It may exercise such right without any requirement to give prior notice and without Noene America incurring in any liability for said decision with respect to the USER concerned or third parties.

2.4. The website may have the necessary technical means to prevent dissemination of illegal contents or which are detrimental to the assets, rights or interests of Noene America or third parties or which contravene this document.

2.5. Any USER may report an infringement of this document or other applicable terms and conditions to Noene America using the Customer Service e-mail address published on the website. However, Noene America will not be required to heed such claims if it considers that no infringement has taken place or, if it has taken place, it is exceptionally justified by the circumstances of the specific case.

2.6. Noene America reserves the right to take legal action against all those USERS who, either themselves or through third parties, carry out actions that are prohibited in this document.

3. Use of links

Noene America accepts no responsibility for non-proprietary websites accessed via links or any content made available to third parties. Any use of a link or access to a non-proprietary website is undertaken exclusively at the user’s own risk. Noene America does not recommend or guarantee any of the information obtained via or by means of a link, nor does it accept responsibility for any loss, claim or damage deriving from the use or improper use of a link, or the information obtained by means of the same, including other links or websites, for interruptions in service or access, or for the attempt to use or improperly use a link, both on logging on to the Noene America website and on accessing information on other websites via the same.