Last updated: June 18, 2023

The website www.nissinspain.com (hereinafter, the “Website”) is owned by Nissin Transport GmbH (hereinafter, “Nissin”) with VAT ID DE120682685, postal address at Avda. Diagonal, 309, 5-A, 08013 – Barcelona (Spain), email info@nissinspain.com and phone number +34 932 896 280, with commercial register number HRB 4845 in the registration court of Amtsgericht Neuss.

Users undertake to use the Website, as well as the services and contents hosted therein, in accordance with the present legal notice (hereinafter, the “Legal Notice“) and under their sole and exclusive responsibility.

Identification of the Parties

This Legal Notice is signed on the one hand, by Nissin and, on the other, by the user interested in the services offered through the Website (hereinafter, the “User”), whose personal data are those that he has provided to the Website and/or those derived from the previous relationship with Nissin.

The access and/or use of the Website attributes to the person the condition of User, who accepts, from its access and/or use, the terms and conditions of use reflected here. The Legal Notice shall apply irrespective of Nissin’s terms and conditions that may be mandatory.

Purpose and scope of application

The present Legal Notice regulate the access, navigation and use of the Website by the User.

By accessing and/or using the Website, the User accepts the terms and conditions and executes it at their own risk. The User agrees to use the contents, information and data of the Website in accordance with this Legal Notice, with the rest of the policies accessible through the Website, with the applicable regulations, with generally accepted good customs. and with public order.

Availability of the Website

The Website is available to all Users with Internet access.

Nissin strives to make the Website available at all times. However, access to the Website is made through an Internet connection, so that its quality and availability may be altered by factors beyond Nissin’s responsible control.

Nissin is not responsible for the unavailability of the Website, for the impossibility and/or difficulties of downloading or accessing the content, or for any other failure in the communication system that could cause its unavailability.

Access and Use of the Website

Website access

Website access and use is free of charge, except for the cost of connection through the telecommunications network supplied by the internet service provider contracted by each User.

Access to the Website, as well as any unauthorised use that may be carried out using the information contained therein, is the sole responsibility of the User.

Use of the Website

The User assumes full responsibility for using the Website.

Nissin shall not be liable for any consequence, damage or harm that may arise from such access, use or breach of this Legal Notice, nor shall be liable for any security errors that may occur for any damage that may be caused to the User’s computer system and/or mobile operating system (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus in the User’s device that is used to connect to the services and/or products offered by Nissin through the Website; (ii) a malfunction of the browser; and (iii) the use of non-updated versions of it.

Rules of Use of the Website for Users

Nissin reserves the right to block the User’s access and terminate this contract. In particular, the User may be blocked in case of detecting a breach of any of the contractual obligations undertaken in this act, as well as in the event of using the Website in breach of this Legal Notice, the Privacy Policy, the Cookies Policy and/or the generally accepted uses in good faith within the sector.

In this sense, the User agrees to:

• Provide truthful information about the requested data in the forms enabled by Nissin for the access to certain content or services offered through the Website and keep the data updated. Nissin reserves the right, regardless any other legal measures at its disposal, to withdraw, deny or suspend User’s access to the Website if the data provided is or may be false, inaccurate or misleading. In any case, the User will be fully responsible for the data or content that he transmits or communicates to Nissin. In this sense, the User assumes responsibility for damages that may arise from an improper use of the content.

• Not to use the Website or any of the elements that comprise it, to develop time-share operations, to become a software applications services provider to the extent that those are aimed at making possible for third-party to access to the Website or any of its components, through rental operations, administrative services or any other of similar situations, sharing them or making them available to third parties.

• Not to use the Website to collect personal data from other Users.

• Not to use the Website as a system for the management and exchange of information and/or illegal documentation, contrary to morality or public order, or protected by copyright and/or industrial property rights.

• Not to carry out acts reverse engineering acts, taking requirements and other activities aimed at developing an online platform identical or similar to the one made available by Nissin. This activity may be considered as an act of unfair competition and violation of the copyright that Nissin holds over the Website.

• Not to subject the Website to workloads that are clearly aimed at destabilizing it, including denial of service (DDoS) attacks or similar situations. In case of detecting this type of situation, the level of service indicated herein will not be applicable, being considered this situation as an emergency.

• Not to withdraw, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that Nissin, as the legitimate owner of the rights, incorporates into its properties in terms of intellectual or industrial property (for example, copyright, ©, ® and TM), either on the platform itself or in the associated material.

• Not to cause damage to the physical and logical systems of Nissin, its suppliers or third parties; introduce or spread computer viruses or any other physical or logical systems that are likely to cause the damage.

• Inform Nissin of any event or situation that may have occurred that could jeopardize the security of access by authorized users.

• Not to prevent the normal development of an event, contest, promotion or any other activity available through the Website, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of those, or falsifying the result thereof and/or using fraudulent participation methods, through any procedure, and/or through any practice that violates or violates this Legal Notice in any way.

• Refrain from using the Website’s content for purposes or effects that are illicit, prohibited or contrary to those established herein, damaging the rights and interests of Nissin, other users, third parties or that may, in any way, damage, make unusable, overload or deteriorate this Website or obstruct the normal use or enjoyment of the Website by users.

• Refrain from forcing failures or security breaches on the Website.

Links to other websites

This Legal Notice does not apply to third-party links and/or websites that can be accessed through the Website. The Privacy Policy and the Cookies Policy present on the Website are not applicable either.

In case of accessing other networks or computer resources, the User agrees to be bound by the provisions of the corresponding privacy policies. Consequently, Nissin is not responsible for the content, or the security measures adopted by them.

Likewise, the absence of viruses or other elements of the content linked from the Website that may cause alterations in the computer system (hardware and software) in the User’s documents or files is not guaranteed, excluding Nissin from any liability for damages of any kind arising from the foregoing.

In any case, Nissin will immediately remove any link when the contents to which it redirects may violate national or international legislation, morality or public order. Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.

Exclusion of guarantees and responsibility

Nissin does not guarantee the permanent availability of the services offered on the Website, although it will make its best efforts to guarantee their regularity and proper functioning. To this end, Nissin declares that it has adopted and will adopt all necessary and reasonable measures, within its possibilities and the state of technology, to guarantee the correct functioning of the Website.

However, Nissin does not assume any liability for damages that may arise from disconnections, interferences or interruptions that may occur when accessing or browsing the Website, or for any damages that may arise for the User or for third parties from the presence and spread of computer viruses or other harmful elements.

Nissin also assumes no responsibility for the errors or omissions that may be in the Website’s content, nor for the actions that the User may take on the basis of that content.

Modification of the Legal Notice

Nissin reserves the right to make any modifications it deems appropriate to this Legal Notice without prior notice. Users shall be responsible for reading this Legal Notice carefully each time they wish to use the Website. Nissin may change, delete or add any content and services provided through the Website, as well as modify the way in which this content and services are presented or located in the Website, informing the User when necessary.

Intellectual and industrial property

The User acknowledges and accepts that all the industrial property rights and the copyright of the Website, including the contents and/or any other elements inserted by Nissin on the Website (including, but not limited to, all those elements that make up the visual appearance, graphic image and other sensory input that comprise the Website or “look and feel”, trademarks, logos, trade names, text, images, graphics, designs, sounds, databases, software, flowcharts, presentation, navigation architecture, as well as source codes), belong exclusively to Nissin and/or third parties who have legitimately assigned their rights to Nissin. For these purposes, the Website shall be understood as all those creations incorporated and expressed by Nissin by any tangible or intangible means and/or support, known or unknown, that are subject to protection by the regulations in force on copyright and industrial property rights.

The mere visualisation, printing, downloading or temporary storage, either in whole or in part, of the contents and/or elements inserted by Nissin on the Website is authorised exclusively for personal, private and nonprofit use by the User, provided that, in all cases, the source and/or author of the same is indicated and that, where applicable, the copyright symbol and/or industrial property notes of their owners appear. Any other use or utilisation of any other rights shall be subject to the prior and express authorisation specifically granted for this purpose by Nissin or the third party that holds the affected rights.

The use of such elements, their total or partial reproduction, communication and/or distribution for commercial purposes as well as their modification, alteration, decompilation and/or any other act of commercial exploitation of the Website, whose copyright is held by Nissin, is strictly forbidden. For any use other than those expressly authorised, it will be necessary to obtain the prior written consent of the holder of the rights in question.

This Legal Notice does not grant the User any other right of use, modification, exploitation, reproduction, distribution or public communication of the Website and/or its contents other than those expressly stated herein. Any other use or exploitation of any other rights shall be subject to the prior and express authorisation specifically granted for this purpose by Nissin or the third party that holds the affected rights. 

Despite the abovementioned, if the User considers that any content of the Website may infringe copyright and industrial property rights, please inform us as soon as possible by sending an e-mail to info@nissinspain.com, REF: ” Website Legal Notice”.

Data Protection

Nissin complies with the provisions of the General Data Protection Regulation (” EU) 2016/679 (hereinafter, “GDPR”) and all other national regulations in force at any given time and ensures the correct use and processing of the User’s personal data. 

Therefore, the Privacy Policy provides information on who is the data controller, the purpose of the processing, types of data, retention periods, data communications to third parties, the possibility of exercising your rights of access, rectification, erasure, deletion, objection and withdrawal of consent, among others.

For more information about the processing of your personal data, please see our Privacy Policy.

Communications

Nissin will contact the User by e-mail or provide information by posting notices on the Website. For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that we send electronically comply with legal requirements.

The communications that the User sends to us should preferably be sent by e-mail to the address info@nissinspain.com. You may also send a written communication to the attention of Nissin at Avda. Diagonal, 309, 5-A, 08013 – Barcelona (Spain), REF: ” Nissin Website “.

Applicable law and competent jurisdiction

The regulations in force shall determine the laws that must prevail and the jurisdiction that must hear the relations between Nissin and the User.

However, in those cases in which said regulations in force allow the Parties to submit to a specific jurisdiction, Nissin and the User, expressly waiving any other jurisdiction that may correspond to them, will be subject to the legislation and the Courts corresponding to the registered office of Nissin.