Terms and Conditions
Thank you for visiting KraftHeinzFoodservice.es (the "Website"). Please read the following information carefully:
For clarity, in these Terms references to "we", "us", "our" and "ourselves" are references to the H.J. Heinz Foods Spain S.L.U or the Heinz group of companies and the brands marketed by these companies includes (but is not limited to) Heinz, Bull´s-Eye, HP, Lea & Perrins and Orlando.
Unless otherwise specified, the materials on this website are directed solely at users who access this website from the Spain and who have specifically accepted these Terms. Heinz makes no representation that any information contained on this website is relevant or appropriate for use in any other territories. Heinz makes no representation that any product referred to on this website is available in any territory outside Spain and accepts no responsibility for any reliance placed on this information.
This website is intended to be a convenient resource when referencing information about Heinz and its products. Eligible business customers may also purchase certain products through the website, which will be subject to our Heinz Spain Conditions of Sale [http://www.kraftheinzfoodservice.es/terms-conditions]. For more information, please see http://www.kraftheinzfoodservice.es/.
5.1 Heinz Content
All material including text, images, graphics, audio/visual or other materials on this web site created by Heinz (collectively "Heinz Content") remains the property of Heinz or its affiliate companies (or if licensed to Heinz, the Licensor) and is subject to copyright. All trade marks, names, logos and other intellectual property rights existing in the Heinz Content is also owned by Heinz or its affiliate companies. Any modification, transmission, hiring, copying (other than for non-commercial personal use) reusing or otherwise using the content of this web site for public or commercial purposes is strictly prohibited.
5.2 User Generated Content
5.2.1 Heinz does not claim any proprietary rights in any text, images, graphics, audio/visual or other materials on this web site created by you (collectively "User Generated Content") which is submitted, displayed or posted on any section of the website. You shall retain ownership of the User Generated Content subject to your granting Heinz a royalty-free, non exclusive licence (the "Licence") to upload, store, use, modify, display, copy and distribute such User Generated Content. The Licence shall end either when you unsubscribe from this website or your access to this website is terminated pursuant to Clause 11 below (whichever is earlier) subject to You acknowledging that while Heinz will make reasonable efforts to remove the User Generated Content from this website, it may not be possible to sp due to technical reasons.
5.2.2 In respect of any User Generated Content submitted, displayed or posted on or transmitted from this website you represent and warrant that:
- you are the creator or authorised user of any such User Generated Content; and
- you are solely responsible for the User Generated Content that you submit, upload, post, display, or transmit on or from this website; and
- the submission, display, posting or transmission of the User Generated Content does not breach any applicable laws within Spain or elsewhere including but not limited to data protection and privacy laws, intellectual property rights, any relevant laws governing the uploading, storage, use and transmission of such User Generated Content in electronic or any other media; and
- in respect of any User Generated Content containing an image in which any child under the age of 18 appears, you are either the parent or legal guardian of the child or have obtained the prior written consent of the child's parent or legal guardian to submit, upload, post, display or transmit that image on or from this website.
5.2.3 Monitoring Content
Although under no obligation to do so, Heinz may from time to time monitor or review the content of any discussions, bulletin boards, chat rooms, tweets, images, photographs and any other communications or materials uploaded onto and/or sent via this website. Heinz accepts no responsibility for any error, omission, inaccuracy, falsehood, libel, slander, profanity, pornographic text or images contained in, uploaded onto or communicated via this website.
5.2.4 Objectionable Content
- If you become aware of any content contained in, uploaded onto or communicated via this website does not comply with the Terms set out in Clause 5.2.3 above or violates any other Terms or is in your opinion offensive, please click on the "Inappropriate Content" link on the Home Page of this website and provide us with full details of the inappropriate content. If on review of your complaint, Heinz agree that the content is inappropriate Heinz will remove it from this website within 2 working days.
- Heinz may refuse to upload, store, post, display, provide access to or transmit any User Generated Content which it in its sole discretion deems inappropriate, objectionable, offensive, illegal or which in any way harms or may harm the reputation of Heinz or the personal safety of any person (regardless of their age). Heinz assumes no responsibility for checking any content which may later be found to be inappropriate, objectionable, offensive, or illegal
5.3 Prohibited Content
The following is a list of content which is prohibited from being uploaded, stored, posted, displayed, accessed or transmitted on, in or from this website:
- any inappropriate, objectionable, offensive, obscene or illegal User Generated Content;
- any User Generated Content containing any pornographic materials, materials of a sexually suggestive manner or which exploit any person sexually or which contain a link to any adult website;
- any User Generated Content which solicits or posts personal information in contravention of any data protection and privacy laws;
- any User Generated Content which contains any audio-visual materials featuring photos or images of another person which you have posted without obtaining that person's consent (or if that person is not your child and is under 18 years of age, the consent or his/her parent or legal guardian) to upload onto this website
- any User Generated Content which contains information which the user uploads knowing the same to be false or misleading or advocates illegal activity including but not limited to materials or conduct which is abusive, threatening, defamatory or libelous;
- any User Generated Content which contains any unauthorised copy of a copyright work including but not limited to pirated audio-visual materials or which infringes any other third party intellectual property rights;
- any User Generated Content which involves the transmission of unsolicited emails, junk mail or spam.
6. Third Party Sites
This website may include links to third party sites. Heinz is not responsible for the content of those third party websites and you are advised to review the terms and conditions for use of those sites and any privacy policies before using those third party websites or submitting any personal information to them. Use of those third party websites is at your own risk.
7. Limitations of Liability
7.1 Whilst Heinz has worked diligently to provide accurate and complete information, it will not be liable to any person for any loss or damage which may arise directly or indirectly from the use of this web site (or any inability to use it) or any of the information contained on this web site if that loss:
- is not reasonably foreseeable by you and Heinz at the time you first access the web site; or
- amounts to any business or commercial loss; or
- results from your use of the web site other than in accordance with these Terms or the default of any party other than Heinz; or
- results from events outside of Heinz's reasonable control.
7.2 Heinz cannot guarantee that this web site will be available to you at any time and accepts no responsibility to you if it is unavailable from time to time. This web site and the information and material which it contains are subject to change without notice. Access to all or part of the website may be suspended without notice.
7.3 Nothing in these Terms excludes or limits Heinz's liability for death or personal injury arising from its negligence or for fraud.
7.4 It is not intended that any general health information presented on this website be used for diagnostic or treatment purposes. Please consult your doctor or health professional for any medical advice you require
You agree to indemnify and hold Heinz, its subsidiaries and affiliates and their respective owners, officers, managers, members, agents and employees harmless from any loss, liability, claim or demand including reasonable attorneys' fees made by any third party due to or arising out of any use of this website in breach of the Terms or, in relation to any User Generated Content, any breach of your representations and/or warranties or any applicable laws in the Spain or elsewhere.
If you breach any of the above Terms, Heinz shall (at its sole discretion) be entitled to prevent you accessing all or any part of this website. Although we will try to notify you of the reasons for taking any such action, we are under no obligation to do so.