1. General information
The present conditions regulate the permitted use of the web page with URL http://purchasing.thegbfoods.com (from now on, "the Marketplace"), that the Company THE GB FOODS S.A. (from now on "The Company"), with social address in 08902 L'Hospitalet (Barcelona - España), Pl. Europa, 42 with CIF num. A-08503005 and registered in the Trade Registry Barcelona, Volume 3.618, Book 2.971, Chapiter 167, Section 2ª, Sheet 38.668, as head of the group GBFoods Group, makes available to its staff and authorized suppliers (from now on "the User"). The access and the use of the Marketplace is, therefore, of private nature for those Users that the Company may determine.
The Users may direct their doubts or suggestions (except those questions or technical problems related to the Marketplace) to:
Postal Address: THE GB FOODS, S.A.
Once you are cleared and may access to the Marketplace, you obtain the status of User of the same and accept fully and unreservedly every single condition of the present General Terms, stated in the version published at the time that you gain access.
Any other use different from that stated in the clause 3 or the use of the Marketplace by unauthorized persons is strictly forbidden. The Company reserves the right to deny or withdraw access and use of the Marketplace, at any time and without warning to any User and, especially, to those that breach the present General Terms and/or Special Terms.
3. Marketplace purpose
The Marketplace is designed to optimize the process of purchases negotiation of the Company, guaranteeing the selected suppliers of the honesty in publication of the Company's request, of the transparency of the negotiation and of the same opportunities offered to the supplier.
4. Access Data
The access to the Marketplace is achieved by using a username and password that identify the User. Any access to information, posting of information or any other data and conducting tenders will be attributed to the User whose username and password have been use to access the Marketplace.
The User agrees not to communicate to others his username or password, changing them when necessary, and to notify immediately to the Company their loss or danger of being known by a third party, assuming all responsibility for the consequences of their disclosure to a third party.
The User agrees that the data provided in relation to telephone numbers, fax, postal address and e-mail are of professional nature.
5. Result of negotiations
The Company has the right to accept any of the posted offers. The acceptance of an offer by means of the tools of the Marketplace does not represent a firm order, nor does it replace it, nor does it give the offering supplier any rights.
Furthermore, the Company is not obliged to close a negotiation by selecting any offer, nor to justify its decision, and reserves the right to cancel, suspend or leave without awarding any negotiation that may be in process, with the exception of those negotiations in which the General Terms specify otherwise.
6. Modifications to the Marketplace
The Company reserves the right to modify or update for organizing, technical or any other reason, unilaterally, at any time and without prior notice, the Users' access data, the graphic aspect of the web page and the features included in the Marketplace.
7. Use restriction
The Users of the web page may view, introduce data, print, store private copies in their own computer system and partially download the contents of the webpage only if they comply with the following conditions:
7.1. That it is compatible with the object of the Marketplace
7.2. That it is done with the sole intention of obtaining or providing the information for personal and private use. The distribution, public divulgence, transformation or cancellation is strictly prohibited.
7.3. That none of the contents are modified in any way.
7.4. That none of the available graphics, icons or images are used, copied or distributed separately from the page that contains them.
8. Continuity and quality of service
The Company does not guarantee the lack of interruptions or errors during access to the Marketplace or its contents, nor shall it be liable for the accuracy, update and thoroughness of the available information.
The Company will undertake as soon as possible, provided there are no causes that make this impossible or of very difficult execution, work to rectify mistakes, restore communication and update contents.
Both access and non consented use of the information contained in the Marketplace is the exclusive responsibility of the person who performs it. The Company will not be liable for any consequence or damages that may result from said access and use, and including:
9.1. Those that may be due to activities or contents that can be considered criminal according to the applicable laws.
9.2. Those that may be due to activities or contents that violate intellectual or industrial property rights.
9.3. Those that may be due to the breach of professional secrecy or carrying out acts of unfair competition.
9.4. Those that may be due to activities or contents that endanger public safety, respect for human dignity and the principles of non-discrimination and child protection.
9.5. Those that, for the User, may be consequence of a computer virus in his system, a malfunction or out of date version of the browser.
9.6 Those that may derive from any interruptions in service, delays, errors or malfunctions of said service that may originate for reasons beyond it, or due to the fraudulent or negligent acts from the User, or force majeure. Errors of a third party, operators or service companies, lack of access to third party networks, acts or omissions by public authorities, acts resulting from natural phenomena, blackouts, etc., and attack of hackers or security specialized third parties or integrity of the computer system will be considered acts of force majeure.
10. Duration and termination
Access to and use of the Marketplace by the User will last indefinitely. Notwithstanding the foregoing, the Company has the power to terminate or suspend access and use unilaterally at any time, without prior notice, and for any User.
11. Applicable law and jurisdiction
The Company and the User, waiving any other jurisdiction, are subject to the competence and jurisdiction of Courts of Barcelona, for any dispute arising from the access and use of the web page. In the event that the Users residence is allocated outside Spain, the Company and the User, waiving any other jurisdiction, are subject to arbitration from the International Chamber of Commerce of Paris.