Legal Notice

Hortifrut Limited, the party responsible for the Website https://www.berry-good.com (hereinafter, the Website), makes this Legal Notice available to users, with the aim of complying with the obligations laid down in the legislation on information society services and electronic commerce, as well as informing all users of the Website of the conditions of use.

Any person who accesses and/or uses this Website assumes the role of user, undertaking to strictly observe and comply with the provisions set out herein, as well as with any other applicable legal provision. If the user does not fully understand these conditions of use, or does not agree with them, they must refrain from using and operating through this Website.

Hortifrut Limited reserves the right to modify any information that may appear on the Website, with no obligation to give prior notice or to inform users of such changes, publication on the Website being deemed sufficient.

1. Identification details

• Company name: Hortifrut Limited
• CRN (Company Registration Number): 701701
• Registered office: Ella House, Suite 40.1, 40 Merrion Square East, Dublin 2, Dublin, Ireland, D02 NP96
• Email: dataprotection@hortifrut.com
• Registered with the Companies Registration Office of Ireland on 13 August 2021.

Hereinafter, the OWNER.

2. Conditions of access and use

Use of the Website is free of charge and does not require prior registration by the user. Where access to and/or use of certain services and/or content requires users to register or subscribe, they must first accept the corresponding Privacy Policy and the specific General Conditions, and access to such services will not be possible without that acceptance.

The conditions of access to and use of this Website are governed strictly by the legislation in force and by the principle of good faith, and the user undertakes to make proper use of the site. The OWNER shall not be liable for any damage or loss that may arise from such access to or use of the information contained on this Website.

All acts that infringe the rights or interests of the OWNER and/or of third parties (the right to privacy, data protection, intellectual property, etc.), or the legislation in force, are prohibited.

In particular, the OWNER expressly prohibits:

• Carrying out actions that may cause, on or through the Website, by any means, any kind of damage to the systems of the OWNER or of third parties.
• Carrying out, without due authorisation, any kind of advertising or commercial information, whether directly or covertly, sending mass emails (“spamming”) or sending large messages in order to block network servers (“mail bombing”).

The User undertakes not to use the Website, or the content, information and/or services offered on it, to carry out activities contrary to the law, and to comply at all times with these general conditions.

The OWNER may at any time interrupt access to its Website if it detects use contrary to the law, to good faith or to these general conditions, reserving the right to exercise such actions as may be available at law in order to protect the rights and legitimate interests of the OWNER.

3. Content

The content included on this Website has been prepared and included by the OWNER, using internal and external sources, such that the OWNER is responsible only for internally prepared content. Accordingly, the OWNER does not warrant or accept responsibility for the correct functioning of any links to third-party websites that may be included.

In addition, where free and/or paid services offered by unrelated third parties are made available to users through the Website, those services shall be governed by the particular conditions applicable to them. The OWNER does not under any circumstances warrant the truthfulness, accuracy or currency of the content and services offered by third parties, and is expressly released from any liability for damage or loss that may arise from the inaccuracy of such content and services.

4. Intellectual and industrial property rights

The Website, 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 the OWNER or, where applicable, the OWNER holds a licence or express authorisation from the authors. All content on the Website is duly protected by intellectual and industrial property legislation.

Regardless of the purpose for which they are intended, their total or partial reproduction, use, exploitation, distribution and commercialisation require in all cases the prior written authorisation of the OWNER. Any use not previously authorised is deemed a serious breach of the intellectual or industrial property rights of the OWNER.

Access to and use by Users of the Website and its content does not imply any waiver, transfer or assignment, in whole or in part, of the intellectual or industrial property rights of the OWNER, nor does it confer on Users any exploitation right of any kind over that content, save as provided for in this Legal Notice or as strictly necessary for the User to browse the Website correctly.

The User undertakes to access and browse the Website, and to use its content, without infringing in any case the rights referred to in the preceding paragraph, and to use the Website exclusively for private purposes. The User shall refrain from carrying out any activity that infringes the intellectual and industrial property rights of the OWNER or of the third parties referred to on the Website. In the event of infringement of those rights, the User shall hold the OWNER harmless, without financial limit, against any claims for damages, whether judicial or extrajudicial, or administrative penalties, including the reasonable fees of lawyers and court agents and the associated court charges, that may be brought against it as a result of the User's breach, all without prejudice to any claim for the damage and loss that this may cause the OWNER.

Designs, logos, text and/or graphics not belonging to the OWNER that may appear on the Website belong to their respective owners, who are themselves responsible for any dispute that may arise in relation to them.

The OWNER expressly authorises third parties to redirect directly to specific content on the Website.

To make any comment or to report possible infringements of intellectual or industrial property rights, or regarding any of the content of the Website, you may do so through the Website's email: Berrygood.services@hortifrut.com

5. Exclusion of liability

The OWNER undertakes to use its best efforts to keep this Website up to date and with accurate information, and to protect its systems against any form of unlawful use, applying appropriate technical and organisational measures to that end.

Nevertheless, the OWNER disclaims any liability arising from the use that users may make of the information published on the Website and/or from the use of the services themselves.

Likewise, the OWNER does not warrant the availability and continuity of the operation of the Website and shall not therefore under any circumstances be liable for any damage or loss that may arise from:

• Interruption in the operation of the Website, or computer failures, breakdowns, disconnections, delays or blockages caused by deficiencies in or overloading of the systems or mechanisms that enable its operation;
• Losses arising from inaccuracies or incomplete data, or resulting from problems caused by or inherent in the dissemination of information over the internet;
• Any loss suffered as a result of the use of data, advice or ideas provided by the OWNER, or of the content of the web pages referred to by means of hyperlinks or other references.
• The occurrence of any kind of damage that users or third parties may cause on the Website.
• The reliability and truthfulness of the information entered by third parties on the Website, whether directly or through links.
• The unsuitability of the Website for users' specific needs; and
• Other damage that may be caused by third parties through unauthorised intrusions beyond the control of the OWNER.

For its part, although the OWNER will adopt the technical and organisational measures to protect the Website and to prevent any kind of computer attack by third parties, it does not warrant the absence of viruses or of other elements on the Website introduced by third parties unrelated to the OWNER.

The OWNER reserves the right to suspend without prior notice access by users who, in its judgement, breach the rules of use of the Website, and to take the appropriate legal measures, without this giving rise to any right to compensation in favour of the user who may be affected.

In addition, the OWNER will immediately remove any content that infringes Irish, EU or international legislation, morality or public order, promptly withdrawing the redirection to that website and notifying the competent authorities of the content in question. Accordingly, the OWNER will cooperate with and notify the competent authority of the incidents indicated above as soon as it has reliable knowledge that the damage caused constitutes any kind of unlawful activity.

6. Links

From the Website it may be possible to be redirected to content on third-party web platforms. Since the OWNER cannot always control the content entered by third parties on their respective websites, it accepts no liability whatsoever in respect of that content. In any event, it will immediately remove any content that may contravene national or international legislation, morality or public order, immediately withdrawing the redirection to the website concerned and, where appropriate, notifying the competent authorities of the content in question.

The OWNER is not responsible for the information and content stored in, including but not limited to, forums, chats, blog generators, comments, social media or any other medium that allows third parties to publish content independently on the OWNER's web page. However, it makes itself available to all users, authorities and law enforcement bodies, actively cooperating in the removal or, where appropriate, the blocking of any content that may affect or contravene national or international legislation, the rights of third parties or morality and public order. Should the user consider that there is content on the Website that might fall within this classification, they are asked to notify the administrator of the Website immediately through the Website's Contact email: Berrygood.services@hortifrut.com

7. Governing law and jurisdiction

The law applicable in the event of a dispute or conflict over the interpretation of the terms making up the legal texts, as well as any matter relating to the services of this website, shall be Irish law.

For any dispute in relation to this Legal Notice, the parties submit to the jurisdiction of the Courts and Tribunals of Dublin, unless the applicable legislation establishes the jurisdiction of other Courts and Tribunals for those purposes.

Where the user is a consumer, to the extent permitted by the legislation in force, they may choose to bring a claim to enforce their rights in relation to these conditions before the court or tribunal of their place of residence.