1. Introduction

In order to comply with Spain’s Law 34/2002 on Services of the Information Society and Electronic Commerce (Spanish acronym, LSSICE), we inform website users and visitors of these binding terms and conditions.

This Disclaimer was revised in September 2023, so there may be variations until its next revision.

2. Identification of the website controller.

• • Name: NEW GROWING SYSTEM S.L.
  • Spain’s Tax ID Number (NIF/CIF): B04272175
  • Address: PULPÍ, PARAJE EL CANADILLAR Nº 10. 04640 PULPÍ (ALMERÍA) Spain.
  • Telephone: +34 950619343
  • Email: ngs@ngsystem.com
  • Registration data: Registered in the Business Registry of ALMERÍA, Sheet 335, Page 148, Section 8, Page AL-9351.

3. Purpose and acceptance.

This Disclaimer regulates the use of the website www.ngsystem.com, owned by the person indicated in the previous point, hereinafter referred to as “controller” or “company”.

Browsing the company’s website attributes the condition of website user, and implies full and unreserved acceptance of each and every provision included within this Disclaimer, which may undergo modifications.

The user agrees to making proper use of the website in accordance with the laws, good faith, public order, traffic uses and this Disclaimer.

The user will be liable to the company or third parties for any damages that may be caused due to breach of this obligation.

4. Conditions of access and use.

The website and its services are of free access and charge-free, except for connection costs and Internet access, covered by the user. However, the company may condition the use of some services offered on its website to the prior completion of the corresponding form or prior authorization by the company.

Thus, if minors access inappropriate Internet contents, they will have to establish mechanisms on their computers, in particular computer programs, filters and blocks, allowing them to limit the content available. Although such mechanisms are not infallible, they are particularly useful to control and restrict the materials that minors can access.

The responsibility for determining the specific content accessed by minors lies with them. Thus, if minors access inappropriate Internet contents, they will have to establish mechanisms on their computers, in particular computer programs, filters and blocks, allowing them to limit the content available. Although such mechanisms are not infallible, they are particularly useful to control and restrict the materials that minors can access.

The user guarantees the authenticity and timeliness of all data communicated to the company and shall be solely responsible for inaccurate or false statements made.

It is the user’s responsibility to keep the information provided to the company updated at all times.

The user will make appropriate use of company contents and services. The user will use the website in accordance with the Law, this Disclaimer, as well as morality and good customs.

To this effect, the user will not use the website for prohibited or illicit purposes, will not violate the rights and interests of third parties, and will avoid any form or action that may damage or cause damage to the company and/or third parties.

Like this, the user undertakes not to carry out any of the following activities or actions:

1. 1. Disseminate content that is criminal, violent, offensive, disrespectful and, in general, contrary to law or public order.
   2. Introduce computer viruses into the network or perform actions likely to alter, damage, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the company, or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of IT resources through which the company provides its services.
   3. Attempt to access the accounts and/or profiles of other users or restricted areas of the IT systems of the company or third parties and, as the case may be, extract information.
   4. Infringe intellectual or industrial property rights, as well as violate the information confidentiality of the company or third parties.
   5. Impersonate the identity of another user, public administrations, or a third party.
   6. Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless authorized by the owner of the corresponding rights or if it is legally permitted.
   7. To collect data for advertising purposes and to send advertising of any kind and communications for sales purposes or others of a commercial nature without the company’s prior request or consent.
   8. Refrain from transmitting, disseminating or making available to third parties: information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that:
   9. infringes, despises or is contrary to the fundamental rights and public freedoms recognized constitutionally, in international treaties and other regulations in force;
   10. induces, incites or promotes criminal, denigrating, defamatory, violent or, in general, contrary to the law, morality and public order;

• • induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;

1. 1. is contrary to the right to honor, to personal or family intimacy or to one’s own image;
   2. damages in any way the credibility of the provider or third parties; and constitutes unlawful, misleading or unfair advertising.

5. Intellectual Property.

The website and all website contents needed for or implicit in its operation: texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to the company or their respective owners, without any of the usage rights over them beyond what is strictly necessary for correct website use being transferred to the user.

All the aforementioned contents, by way of example, but not limited to, are under the protection of intellectual and industrial property regulations. Any reproduction, use, distribution and communication, whether partial or total, requires prior authorization from the company or, where appropriate, from the respective owners.

By default, website users can only view and use its contents privately, for lawful and implicit website actions and company services, without being subject to any kind of exploitation or transfer to third parties.

Likewise, all trademarks, trade names, logos, graphics or distinctive signs of any kind that may appear on the website are the property of their respective owners, without it being understood that website access or use gives the user any right over them.

The company recognizes, in favor of the corresponding owners, their industrial and intellectual property rights. The mention or appearance on the website of names and trademarks of third parties does not imply any right or responsibility of the company on these, nor endorsement, sponsorship or recommendation by them.

The incorporation of logos, signs, data or content that identify customers is done in the framework of fair practices in industrial or commercial matters, being its exposure limited to indicate that the company has provided a service or maintained a professional or business relationship at some point.

The distribution, modification, transfer or public communication of contents and any other act not expressly authorized by the corresponding holder of the exploitation rights, is prohibited.

The company is not responsible for the use that each user makes of the materials made available on this website or the actions carried out using such materials.

6. Links (hyperlinks or links) and IP addresses.

The establishment of a hyperlink does not imply in any case the existence of a relationship between the company and the owner of the website where the hyperlink appears, nor the acceptance and approval by the company of its contents or services.

Individuals who intend to include a hyperlink to the company’s website must first request written authorization from the company. In any case, the hyperlink will only allow access to the home page of our website.

Refrain from making false or inaccurate statements or indications about the company, or include content that is illegal or contrary to good customs and public order.

The company is not responsible for the use that each user makes of the materials made available on this website or the actions carried out using such materials.

7. Exclusion of guarantees and responsibilities.

The content of this website is of a general nature and has a purely informative purpose, without fully guaranteeing access to all content, nor its completeness, correctness, validity or timeliness, and neither its suitability or usefulness for a specific purpose.

The company is not responsible for the information and content stored, by way of example, but not limited to, in forums, chats, blogs, comments, social networks or any other means that allows third parties to publish content independently of the company’s website.

However, and in compliance with the provisions of the LSSICE, the company is available to all users, authorities and security forces, and actively collaborates in the removal or, where necessary, blocking of all content that may affect or contravene national or international law, the rights of third parties or morality and public order.

In the event a user considers that any content could be susceptible to this classification, please notify the company immediately by any of the means of contact specified at the beginning of this Disclaimer.

The company excludes, to the extent permitted by law, any liability for damages of any kind arising from:

1. 1. The impossibility of accessing the website or the lack of content truthfulness, accuracy, completeness and/or timeliness, as well as the existence of vices and defects of any kind in the contents transmitted, disseminated, stored or made available to those who have accessed through the website or the services offered.
   2. The presence of viruses or other malicious elements (malware) in the contents that may cause alterations and damage to computer systems, electronic documents or user data.
   3. Failure to comply with the laws, good faith, public order, traffic uses and this Disclaimer as a result of incorrect website usage. More specifically, and by way of example, the company is not responsible for the actions of third parties that violate the rights of intellectual and industrial property, rights to honor, personal and family privacy and self-image.
   4. Any information outside this website and not managed directly by the company, including any existing link or hyperlink, whose sole function is to inform users about other sources likely to expand the information and content offered on the website.

The company reserves the right to modify any type of information or content that may appear on the website, without any obligation to give prior notice or inform users.

Users are responsible for reading this Disclaimer on any of the occasions they visit the website, as the terms may change without any obligation to give prior notice or inform users of these conditions. The mere publication of this Disclaimer on the company website is considered sufficient.

8. Privacy and cookies.

The company is highly committed to complying with the rules of personal data protection with the aim of ensuring the privacy of individuals and the correct processing of personal data, fully observing its obligations and associated security measures.

For further information, see the Privacy Policy of the website.

The website may use cookies (files with information that the server sends to the user’s computer) to carry out certain website functions, which may be necessary for correct website operation or considered optional to enhance website operation and carry out other functions.

If non-necessary cookies exist, a prerequisite to obtain the user’s informed consent, could apply.

In any case, you can consult the Cookies Policy of the website.

9. Procedure in case of illegal activities.

In the event that any user or third party considers that there are facts or circumstances which reveal an unlawful nature in the use of any content and/or the performance of any activity of the webpages included or accessible through the company’s website, the user must send a notification through any of the means of contact specified at the beginning of this Disclaimer, duly identifying themselves, detailing the alleged infringements and expressly stating that the information provided in the notification is accurate and falling within their responsibility.

10. Notifications, applicable law and jurisdiction.

All notifications and communications between users will be considered effective when made through the means of contact specified at the beginning of this Disclaimer. Users should contact the company through any of these means.

If any point or provision of any terms, conditions or policies on the website is invalid or unenforceable, the remaining terms shall remain valid and in force.

For any litigious matter concerning the company’s website, Spanish law shall apply, and the Courts and Tribunals of the company’s domicile shall have jurisdiction.