Terms and Conditions of Use

POMELO HUB COMMUNITY (hereinafter Pomelo Community) is a platform for a private community created at the initiative of Barberán, S.A. (hereinafter, Barberán) to create and share information related to the machinery sold by Barberán among clients, suppliers and Barberán himself.

You can only be part of the Pomelo Community platform if you have been previously invited by Barberán and have registered as a user after accepting the conditions of use, privacy policy, cookie policy and confirming that you are of legal age.

The conditions set out constitute a legally binding agreement between you and Barberán. Please read them carefully and, if you do not agree with them, do not register and do not access or use any of the Services

1.   LEGAL NOTICE
 
Barberán makes this document available to users, with which it intends to comply with the obligations set forth in Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI), as well How to inform all users of the website regarding the conditions of use.
 
Any person who accesses this website and is previously registered assumes the role of user (hereinafter, “user” or “Member of the Pomelo Community platform”), committing to the observance and strict compliance with the provisions set forth herein, as well as with any other legal provision that is applicable.
2.  GENERAL INFORMATION
Identity: Barberán, S.A.
Registered office: C / Galileo, 3-9, Pol. Ind. Camí Ral, 08860, Castelldefels (Barcelona).
N.I.F .: A08438194.
Registry data: Registered in the Mercantile Registry of Barcelona Volume 3493 Book 2849 Section 2 Folio 150 Page 36913.
Contact telephone number: 936 350 810.
3.  CONDITIONS OF USE
 
Barberán informs you that access and use of the Pomelo Community platform are subject to the terms detailed below and that they constitute the conditions of use of the Pomelo platform.
 
The conditions of use govern the relationship and serve as an agreement between the user and Barberán, and establish the terms and conditions under which you can access our community and the website of the Pomelo Community platform, and the use of its services and functionalities, as well as the registration in it. We recommend your careful reading and periodic review.
 
By registering as a member of the Pomelo platform, the user accepts the agreement that legally binds him with Barberán, who is of legal age and the conditions of use, privacy policy, cookie policy and the rest of the conditions that are applicable and are undertakes to comply with them.
3.1.  OBJECT
 
Through the Pomelo Community platform, users are given access to various content, services, information and data made available to users by Barberán or by users themselves in relation to the machinery marketed by Barberán.
 
Barberán reserves the right to modify at any time the presentation, configuration and location of the web page, as well as the contents and the conditions required to use them.
 
Barberán reserves the right to suspend, interrupt or stop operating the website and the platform at any time.
3.2.  PARTS
 
These conditions of use are signed by Barberán, as responsible for the website and the Pomelo platform, and by the user or member thereof, understood as any natural or legal person who, freely and voluntarily, uses and is register on the Pomelo Community platform, after having been previously invited, with the intention of making use of the services and functionalities offered there.
 
Access and registration on the Pomelo platform implies full submission without reservation to the provisions of these conditions of use, without prejudice to other conditions that may be applicable. In the event that these conditions are not expressly accepted, Barberán may restrict your registration or access as a member of the POMELO Community.
3.3.  USERS or MEMBERS OF THE PLATFORM 
 
This platform and these conditions of use are directed solely and exclusively to registered members of the Pomelo platform of legal age. Minors must refrain from accessing this website.
 
At the time of registering, users have previously and expressly accepted the conditions established here, as well as their subsequent modifications that will be communicated by Barberán to the members of the Pomelo Community platform, without prejudice to the application of the corresponding mandatory legal regulations according to the case.
 
Registration, user status and access to the Pomelo Community platform will only be accepted from Barberán customers and suppliers who have previously been sent an invitation to be part of the Pomelo Community platform. In cases in which registration is requested by a person who has not previously been invited by Barberán, their access may be denied, and Barberán reserves the right of admission for members of the Pomelo Community platform.
 
As it is a platform intended for professionals, and if content is only about Barberán machines, access will be limited in this regard.
3.4.  USER PROFILE
 
To access the Pomelo platform, the user must create a user profile that is generated at the time they register on the Pomelo platform, and must provide accurate and updated information, and must keep said information updated.
 
Barberán reserves the right to temporarily or permanently suspend the user profile or to restrict or impose limits on their access to any part or all of the Pomelo platform with or without prior notification and at any time for any reason or no reason. Barberán may impose said limitations when it reasonably considers that the user violates or is about to violate any of the conditions or policies to which they are subject, or any applicable rule; when activities are carried out that Barberán considers could cause damage or impairment to the Pomelo platform, or which could infringe or violate the rights of any third party (including intellectual property rights); in response to any request from the State security forces or bodies or any other public body by virtue of a valid judicial or administrative procedure; due to unexpected technical or security issues or problems; or if there are long periods of inactivity on your account.
 
In any case, in the event that a user’s profile is temporarily or permanently suspended, Barberán will inform you about it.
 
The user who no longer wants to be part of the Pomelo platform, must request that their user profile be deleted at the following address unsubscribe@pomelohub.net. The user must bear in mind that when the user profile is deleted, they will not be able to reactivate it or recover any content or information that they have added to it.
 
The website is aimed primarily at users resident in Spain, professional clients or suppliers of Barberán machines. Barberán does not ensure that the website complies with the laws of other countries, either totally or partially. Barberán declines any responsibility that may arise from said access outside of Spain.
 
Although a copy of the conditions of use is provided at the time of registration for express acceptance by the user to be a member of the Pomelo Community platform, you will always find a copy of the current conditions of use available on the platform’s website. Pomelo Community.
3.5.  CONTENTS
 
The contents of the Pomelo platform are made available to the user by Barberán with information from Barberán itself and / or from other users, including customers and suppliers.
 
The Pomelo platform allows users to create, publish and share information solely and exclusively related to the machines manufactured by Barberan (such as machine ratings, operating tips, information on productivity, etc.), posts, images, videos, opinions, open and participate in discussion topics, interact with other users by sending direct messages, posting a comment or expressing “like” regarding other information or post published by another user, following other users, etc.

Barberán undertakes not to publish content that may be offensive, defamatory or that may go against unfair competition, in relation to the mentions that may be made about the same or similar products or services from other manufacturers or suppliers.
 
Barberán tries that the contents are of the highest possible quality and reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance and / or timeliness of these, since, in relation to the contents published by users, it is not It is possible to review each and every message and information published in real time. Barberán does not monitor the content of the information published and is not responsible for its content.
 
Although Barberán has no obligation to verify their veracity and is exempt from any liability that may arise from them, Barberán will carry out reviews and checks of the interactions and content published by users regarding their veracity or that do not mislead, periodically and regularly, and will eliminate the contents that it detects that are contrary to these conditions of use, the publications that it considers erroneous, incorrect, inaccurate, illicit or illegal or, even, restrict the access of certain people.
 
All messages reflect the views of the author who publishes them, and Barberán will not be responsible for the content of any message or publication.
 
Likewise, Barberán reserves the right to delete information and content published on the Pomelo platform older than 1 year in order to keep information up to date. Barberán does not guarantee the permanent availability of the content of the Pomelo platform, so the user must make backup copies of any content that they consider valuable, despite the fact that the aforementioned period has not elapsed.
3.6.  DATA PROTECTION
 
Barberán will process your personal data for the purposes described and in accordance with the Privacy Policy set forth in the section relating to it on this website and which has been expressly accepted by users at the time of registering on the Pomelo Community platform. 
3.7.  COOKIES
 
Barberán uses small files that are stored on your mobile device or on the computer from which you visit this website known as Cookies, and to better understand the type of cookies used, their purpose and how to configure them, we recommend that visit the Cookies Policy section of this web page, which has been expressly accepted by users at the time of registering on the Pomelo platform.
3.8.  INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
 
The web page, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and / or graphics, are the property of Barberán or, if applicable, it has license or express authorization by the authors. All the contents of the website are duly protected by the intellectual and industrial property regulations, as well as registered in the corresponding public registers.
 
Therefore, the user agrees to respect the terms and conditions established by these conditions of use, being solely responsible for its non-compliance with third parties.
 
Regardless of the purpose for which they were intended, any reproduction (total or partial), distribution, public communication (including making available), commercialization, transformation or any other form of exploitation, not even citing the sources, is prohibited, Unless you have the prior, express and written consent of the owner of the affected rights. In the event that they have the proper consent, the user agrees to use said information exclusively for their own and legitimate purposes and not to commercially exploit, directly or indirectly, the services to which they have access through the Pomelo platform.
 
Any previously unauthorized use is considered a serious breach of the author’s intellectual or industrial property rights. Consequently, the user agrees not to perform any of the aforementioned actions.
 
The designs, logos, text and / or graphics outside of Barberán and that may appear on the website, belong to their respective owners, who are themselves responsible for any possible controversy that may arise regarding them.
 
Barberán recognizes in favor of their owners the corresponding intellectual and industrial property rights, their mere mention or appearance on the website does not imply the existence of any rights or responsibility over them, nor does it imply endorsement, sponsorship or recommendation by the same.
 
To make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you can do so through the email pomelohub@barberan.com.
 
Barberán will not be responsible for the actions or infractions of any user that may affect the rights of other users, including copyright, trademark, patent, confidential information and any other intellectual or industrial property rights.
3.9.  OBLIGATIONS AND RESPONSIBILITIES OF THE USER
 
  • The user who registers in it will provide a username and password, forcing himself to safeguard both information and to make diligent use of them. The user must choose a secure password with a combination of different types of characters. We recommend that the user avoid passwords that contain terms included in the dictionary, words that refer to her personal sphere (name, address, date of birth) or easy to find out (series of contiguous numbers).
  • The user will be responsible at all times for the custody of their password, thus assuming any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of it.
  • The user who has lost his password or believes that someone has had access to it, must notify Barberán so that he can adopt the necessary security measures.
  • Barberán is not responsible for any consequence, damage or harm that may arise from unauthorized access due to lack of diligence in the selection of passwords or monitoring of devices.
  • The user will refrain from using, disclosing, publishing or taking any other action that allows third parties who are not users of the Pomelo Community platform to know the content and / or information that may be found published on the platform.
  • Access to this platform and the use that may be made of the information contained in it is the sole responsibility of the person who performs it. The user will be responsible for any action taken with their user identifier, even if it is entered by another person.
  • The user agrees not to use the information and facilities of the Pomelo platform to carry out or suggest to other people the commission of prohibited activities or to attract clients for other operators. Likewise, the user is responsible for enforcing these clauses to anyone who authorizes to use the service.
  • The user will refrain from taking any action on the Pomelo platform or on the information that appears in it that violates the laws, public order or morals, including violations of the rights to honor, privacy, intimacy and one’s own image. The user agrees to hold Barberán harmless from any claim, judicial or extrajudicial, that is presented to it as a result of those violations.
  • The user will refrain from destroying, altering, rendering useless or damaging the data, programs, documents or other elements belonging to Barberán, its suppliers or third parties. Likewise, the user undertakes not to introduce or spread programs, viruses, controls or any instrument or device that may cause alteration in the network, systems or third-party equipment.
  • The user is not authorized to execute, program or activate techniques that allow any access, capture, acquisition, copying or monitoring of any part of the content of this platform, as well as reproducing or circumventing the navigation structure of the website for the purpose to obtain data, documents, materials or information with means other than those expressly provided by Barberán.
  • When the user accesses content in which their opinion is collected, the user agrees to use them under the principles of good faith and in compliance with and respect for current legislation. For this reason, the user will not include comments contrary to morality and public order, which includes inappropriate content for minors, insulting, defamatory, pornographic and, in general, any that threatens the image or reputation of people and the companies.
  • Likewise, when the user accesses content in which they can comment or give their opinion on any aspect, they undertake to do so in a respectful and non-defamatory way, especially in the cases in which they speak, opine, or comment in relation to products or services of other manufacturers or competition from Barberán.
  • The user refrains from using the Pomelo community platform and / or its contents in a way that could be harmful to the rights and interests of third parties.
  • The user will be responsible for the veracity of the data provided through the Pomelo platform. In case of providing false or inaccurate data, Barberán reserves the right to prohibit access to the platform or to part of it.
  • The user agrees not to disclose or publish confidential information on the Pomelo platform of the companies to which they belong (and by which they have been invited as members of this) and / or any other that may undermine it, although The responsibility and the duty to comply with this obligation belongs to the company to which it belongs. Barberán disclaims any responsibility regarding the information about Barberán’s supplier companies or clients that may be published on the platform by the employees of said companies.
3.10.  COMMITMENTS OF BARBERÁN
 
  • Barberán does not guarantee that unauthorized third parties cannot have access to the type of use of the website that the user makes or the conditions, characteristics and circumstances in which such use is made. Barberán will not be in any case responsible for any damages that may arise from said unauthorized access.
  • Barberán has no obligation to supervise the content that is hosted, transmitted or classified on the Pomelo Community platform, but it undertakes to collaborate with the competent authorities when they are required to interrupt the provision of a service or to remove content from it. .
  • Barberán is not responsible for the third-party content that they transmit, host or provide access to through the Pomelo platform. However, it will act quickly to withdraw it or prevent access to it when it becomes aware of the illegality of a content, link and / or information.
  • Barberán reserves the right to modify any type of information that may appear on the platform, without any obligation to pre-notify or inform users of said obligations, understanding as sufficient with the publication of the new version of these on the platform.
3.11.  DISCLAIMER OF LIABILITIES
 
  • Barberán will not be liable in any case for the use that users and / or third parties may make of the Pomelo Community platform or its contents, or for any damages that may arise from it. In particular, Barberán will not be responsible for the content published on the platform regarding operation, maintenance or other technical aspects of the machines when they do not come from Barberán technicians.
  • Barberán has no obligation to control the use that users make of the platform, and therefore does not guarantee that users use it in accordance with the conditions of use and other conditions that result from application, or that they do so diligently and prudent.
  • Barberán excludes any liability for damages of any kind that may be due to the use of the services and content by users, or that may be due to the lack of veracity, validity, exhaustiveness and / or authenticity of the information that users provide about themselves and in particular for damages of any kind that may be due to the impersonation of a third party made by a user in any kind of communication made through the platform.
  • Barberán is not responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the contents and the information and / or opinions published by users on the Pomelo platform. Barberán will not be responsible for any damages that may arise from the lack of legality, reliability, usefulness, veracity, accuracy, completeness, and / or timeliness of the content originated by the users, the fraud of the expectations generated by the content , decisions or actions taken based on the information collected on the Pomelo platform, including without limitation the loss of profits or business opportunities.
  • Barberán is exempt from any type of responsibility derived from the information published on the platform provided that this information has been manipulated or introduced by a third party outside it.
  • Despite Barberán’s continuous effort to protect the systems and content included in the POMELO Community, for which purpose it uses the usual security standards on the Internet, it is not possible to offer full guarantees in relation to intrusions or loss of information that may occur. Likewise, the absence of viruses or other harmful elements on the website or on third-party pages that may cause alterations to the user’s computer system, both software and hardware, cannot be guaranteed. For this reason, the user assumes and understands that there are situations that may escape the control of Barberán.
  • Barberán is exempt from any responsibility that derives from misuse by the user, as well as for the breach of the obligations or commitments assumed by virtue of these conditions of use. Barberán is not responsible for defamatory, offensive content or that may violate any aspect of unfair competition in relation to comments, opinions or content that may be published by users in relation to other products or services of third-party manufacturers or suppliers unrelated to Barberán.
  • Barberán will not be responsible in the event of loss of profits or consequential damages for any matter.
  • Barberán is not responsible for the information and content stored, by way of example, but not limited to, in forums, chats, blog generators, comments, social networks or any other means that allows third parties to publish content independently on the website. . However, and in compliance with the provisions of the LSSI, it is made available to all users, authorities and security forces, actively collaborating in the withdrawal or, where appropriate, blocking all those contents that may affect or contravene national or international legislation, the rights of third parties or morality and public order. In the event that the user considers that there is any content on the platform that could be susceptible to this classification, they are requested to notify it immediately to the following address abuse@barberan.com.
  • This platform has been reviewed and tested to work properly. However, Barberán does not rule out the possibility of certain programming errors, or that force majeure, natural catastrophes, strikes or similar circumstances may occur that make access to the platform impossible.
  • Barberán informs that Pomelo Community uses the platform services offered by the Tribe company (Tribe Technologies, Inc) for the provision of the infrastructure through which the Pomelo Community works, as well as the security measures and information storage in the use of the platform. Therefore, Barberán is not responsible for any damage, injury to the rights of users or third parties, or interruptions of the platform service that may be caused by Tribe.
3.12.  THIRD PARTY LINKS
 
From the Pomelo platform, you may be redirected to content on third-party websites. Since Barberán cannot always control the content posted by third parties on their respective websites, it does not assume any type of responsibility for said content or correct operation, or for the consequences arising from accessing them. In any case, it will proceed to the immediate withdrawal of any content that could contravene national or international legislation, morality or public order, proceeding to the immediate withdrawal of the redirection to said website, making the content known to the competent authorities in question.
 
The user acknowledges and accepts that the links lead to external and unrelated sites, and that Barberán cannot control the content included in third-party pages.
3.13.  LANGUAGE AND INTERPRETATION
 
The language applicable to these conditions is Spanish.
 
These conditions constitute an agreement between the user and Barberán.
 
If any of the clauses of these conditions of use were declared totally or partially null, ineffective, illegal, invalid or unenforceable, it will mean that it should be interpreted in the closest way to the original intention of such provision. However, said declarations of nullity, illegality, invalidity or ineffectiveness of any or some of the conditions, will only affect that specific provision without prejudice to the validity of the rest, keeping in everything else these conditions their validity, legality and applicability.
 
The non-demand on the part of Barberán of strict compliance with any of the terms of these conditions does not constitute and may not be interpreted in any case as a waiver on his part to demand it in the future.
3.14.  MODIFICATION
 
Barberán reserves the right to modify, at any time and without prior notice, the presentation and configuration of the platform, as well as these conditions of use or other applicable legal texts.
 
However, Barberán will inform users of changes or modifications in the conditions of use.
3.15.  APPLICABLE LAW AND JURISDICTION
 
For the resolution of all controversies or questions related to this website or the activities carried out therein, Spanish legislation will apply, to which the parties expressly submit.
 
To the extent permitted by law, the parties, expressly waiving any other jurisdiction that may correspond to them, agree to submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona.
3.16.  INDEMNITY
 
In the event that Barberán suffers any type of damages, losses, losses or costs (including attorneys ‘and solicitors’ fees) as a consequence of a breach by the user of the conditions of use or of any other conditions that may be applicable, the user will be obliged to compensate Barberán.
 
The same will happen in the event that, as a result of the user’s breaches, third-party claims are made against Barberán, in which case the user will leave Barberán harmless. Barberán may claim from the user any expense, cost, damage or loss derived from his actions.
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