Legal advice

Website ownership and responsability

Is an Internet domain containing a portal or website owned and managed by DISTRIBUIDORA INTERNACIONAL DE ALIMENTACION, S.A. - ("DIASA") (Fiscal Identification Number A28164754), whose registered office is at Edificio Tripark, calle Jacinto Benavente nº2-A, Parque Empresarial de Las Rozas, Las Rozas, Madrid, Spain; the e-mail address for general purposes is informacion_dia@diagroup.com.

The company is registered in the Mercantile Register of Madrid, Tomo 9978, Libro 8612, Folio 14, Hoja 11719, Inscripción 1ª.

Contents

DIASA offers visitors to the diacorporate.com Website information on the DIA Group and its corporate activities. This information is purely informative and is provided for personal use only.

This Website only includes those pages contained within the site map. DIASA disclaims any responsibility for information which is outside this Website and/or is not managed directly by DIASA.

DIASA will make every effort to avoid errors and, if they should occur, to correct or update them as soon as possible. It cannot guarantee that they will not occur or that the information is always up to date, so that, notwithstanding its diligence in preparing the Website content, it is possible that there may be inaccuracies or errors.

DIASA may, at any time and without prior notice, modify or update the information contained in its Website or the layout, presentation or technical specifications of the same.

DIASA takes no responsibility for any discrepancies that may exist between printed documents and the electronic versions published on this site. In case of discrepancy between the printed version and that published in the diacorporate.com Website, the printed version shall prevail.

Translation into english and other languages

All information and documentation available in English and, where applicable, any other language other than Spanish, on this website is provided for informational purposes only. In case of discrepancy between the content of these versions and the original Spanish version, the latter shall prevail.

Term

The Website service will be provided until further notice.

Notwithstanding the foregoing, DIASA reserves the right to interrupt, suspend, or terminate the provision of the website or any of the services included therein.

Conditions of access

Access to the site is free and requires no previous registration. Nevertheless, DIASA reserves the right to make access to certain services conditional on prior user registration by completing the appropriate form. The user expressly accepts the use of e-mail as a valid procedure for all communications related to the use of this site.

Accessing and navigating the diacorporate.com Website implies acceptance and knowledge of the legal warnings, conditions and terms contained therein. If you do not agree with any of the conditions contained in this notice, you should stop using the diacorporate.com Website.

The user accepts, expressly and without reservation, that access to and use of the site is on his/her sole responsibility and in accordance with the conditions of use of the same.

DIASA will only take responsibility for damages the user may suffer as a consequence of using the Website when said damages are attributable to wilful misconduct on the part of DIASA.

DIASA shall in no event be liable for any damages whatsoever arising directly or indirectly from a failure to read this notice or to comply with the obligations specified in the conditions established in the same. In addition, it will not be responsible for any misuse of the information or contents on this Website, for which the user who accesses or uses the site will be solely responsible.

DIASA does not guarantee or take responsibility for damages or losses of any kind due to the following circumstances: (i) lack of usefulness, adequacy or validity of the services and contents provided on www.diacorporate.com, compared with the user’s expectations; and (ii) under no circumstances, including negligence, loss of business, loss of use, loss of profits, loss of data, for any indirect, incidental, special or consequential damages resulting from access or use the services of the website, or otherwise fall within its scope.

The user agrees to use this site without engaging in activities that may be considered illicit or illegal, which may violate the requirement of good faith and/or may infringe on the rights or interests of DIASA or others. Similarly, the user agrees not to take any action that could cause damage or alterations to the contents of the Website, hinder the functioning of the same or cause technical problems of any kind, and not to transfer elements susceptible to computer viruses or to damage, interfere with or intercept the Website, totally or partially.

The user will be liable for damages or losses of any kind which DIASA may suffer, directly or indirectly, as a consequence of any breach of the obligations under this legal notice or the law regarding the use of the Website, and will be responsible for whatever expenses, costs or compensation may be demanded of DIASA as a result of complaints or legal action.

Under the circumstances described, DIASA reserves the right to deny any user, at its discretion, access to this Website or to any part thereof, at any time and without prior notice, reserving the right to take any legal action it deems appropriate to prevent this type of behaviour.

Modifications to the website and interruptions or errors in access to the same

DIASA will make every possible effort to avoid errors and, if they should occur, to repair or update them as soon as possible, but it cannot guarantee that they will not occur nor that information will always be up to date. DIASA may, at any time and without prior notice, modify or update the information carried on the Website or the configuration, presentation and conditions of access of the same.

DIASA is unable to guarantee fully the functioning of the communications network, and hence does not take any responsibility for the availability and continued functioning of the site; in consequence it does not guarantee the absence of interruptions or errors in accessing the site or its contents. DIASA accepts no responsibility for any damages or losses suffered by the user which may arise from accessing this server or from the use of the information or applications contained therein.

As soon as it is advised of errors, losses of connection or the need to update contents, DIASA will take all necessary steps to remedy errors, restore connections and update contents, as long as no factors arise which make it difficult or impossible, and it commits itself to make every effort to minimize the impact of maintenance work.

Security

DIASA is committed to providing optimal conditions for navigation in its diacorporate.com Website and to the avoidance of damages of any type which could arise as a consequence thereof. Nevertheless, and despite the fact that DIASA has implemented appropriate measures to this end, it cannot guarantee that its security systems are completely invulnerable, and hence it disclaims any kind of responsibility for damages and losses of any kind which may arise from the presence and/or transmission of viruses, malware or other elements which may occasion alterations in the user’s system (hardware and software) or in electronic documents, files stored on his system, etc.

In no case will DIASA be held responsible for damages or losses of any kind arising from access to and use of this Website, nor for damages suffered by users due to misuse of the same.

Hyperlinks

Hyperlinks to other websites on this site

Links to other websites are provided on diacorporate.com for informational purposes only. Their presence does not imply that DIASA recommends or guarantees those websites of which it is not the owner and over which it has no control, nor is it responsible for their content.

DIASA does not guarantee nor assume any liability for damages which may arise from connection to or the contents of third parties’ websites to which links are provided on the Website, nor does it guarantee the absence of viruses or other elements which may cause alterations in the system (hardware and software), in the user’s documents or files, and disclaims any liability for damage of any kind occasioned to the user for this reason.

DIASA does not investigate linked websites, nor does it have information as to the content, origin or operation of the same, and for this reason it assumes no liability whatsoever for the content and the use made by third parties of the said websites. Should any user or third party consider that the content or services provided by linked websites are illicit or harm the property or rights of the said user or third party, he is requested to bring the matter immediately to DIASA’s attention using the contact details provided for users, especially if they consist in:

• Activities or contents liable to be considered criminal under the Spanish legal code.
• Activities or contents which violate intellectual or industrial property rights.
• Activities or contents which endanger public order, criminal investigation, public safety or national defence.
• Activities or contents which endanger the protection of public health, respect for personal dignity, the principle of non-discrimination, the protection of health and children or any other constitutional value or principle.

Hyperlinks from other websites to the diacorporate.com Website.

No link to the diacorporate.com Website may be established without the prior express consent in writing of DIASA.

The following rules will apply to the granting of such consent:

• The hyperlink must be to the home page of the diacorporate.com Website; deep-linking (i.e. creating a link to any part of this Website without accessing the home page), navigation through framing mechanisms, and any other use of the Website’s content in favour of unauthorized third parties are expressly forbidden.
• False, inaccurate or incorrect statements, which may mislead, be against the law, morality or decency or infringe any rights of DIASA or others, must not be placed next to the hyperlink.
• The website in which the hyperlink is created shall not contain any brand, name, logo, slogan or other distinctive sign belonging to DIASA.
• The website in which the hyperlink is created shall not contain statements or publicity which are racist, xenophobic, pornographic, justification of terrorism or infringe human rights.

The creation of the hyperlink does not in any circumstance imply the existence of a relationship between DIASA and the owner of the website in which it is created, nor the acceptance or approval by DIASA of its contents or services.

Intellectual and industrial property

Unless expressly indicated otherwise, DIASA is the owner and/or licensee of all the intellectual and industrial property rights on this Internet Website, except those of companies with which it has signed a contract for the provision of content, together with all the elements contained therein (including but not limited to: graphic design, images, maps, data bases, indices, source and object codes, graphics, brands and distinctive signs, sound, audio, video, software, text, colour combinations, etc.), which are protected by national and international intellectual and industrial property regulations.

DIASA has legitimate and exclusive rights to the use of the same in any form, and in particular to the rights of reproduction, distribution, public communication and transformation. The fact that they are made available for use, including the download of content, in no case means that DIASA grants ownership, concedes any rights whatsoever or relinquishes totally or partially the said intellectual and industrial property rights over the same in favour of the user. Only viewing, printing and downloading of parts of the content to the user’s terminal exclusively for private use and not for any commercial purpose are authorised. Using, copying, modification, distribution, transmission, reproduction, publication, assignment, commercial use and/or transformation of all or part of the content or of the above-mentioned elements, together with the creation of new products or services derived from the information obtained, for commercial or public ends, are expressly prohibited in the absence of prior written authorization from DIASA or the corresponding owner.

Improper or unauthorised use of the materials and information contained on this Website constitutes an infringement of the intellectual or industrial property rights of DIASA, or of their owner if different, which may be cause for prosecution. DIASA reserves the right to take legal action against users who violate or infringe the said intellectual and industrial property rights and to demand the legal consequences arising from such action.

DIASA will ensure that the contents of this Website are not of a pornographic, xenophobic, discriminatory, racist or defamatory nature and that they do not contain incitements to violence. Similarly, it will seek to avoid any circumstance which may be harmful to users and in particular:

• Activities or contents liable to be considered criminal under the Spanish legal code.
• Activities or contents which violate intellectual or industrial property rights.
• Activities or contents which endanger public order, criminal investigation, public safety or national defence.
• Activities or contents which endanger the protection of public health, the protection of children, respect for personal dignity, or any other value or principle.

Personal data protection policy

This portal has links to websites of certain companies of the DIA Group. These companies have their own privacy policies, each being responsible for its own files. Hence, the user must comply with the data protection policy established by the site owner.

"Cookies"

DIASA may activate "cookies" which recognize the user, with the aim of improving its services.

"Cookies" are small data items that are stored on the browser utilised by each user so that the server remembers certain information that will be read only by the server that implemented it. "Cookies" usually have a limited life.

"Cookies" are associated only with an anonymous user and his computer and do not provide references that allow the user's personal data to be identified.

No "cookie" allows the user to be contacted by telephone, email or any other means, nor can it extract or steal personal information from the user's hard drive. The private information of a user may only become part of the "cookie" if the user personally gives this information to the server.

Users who do not wish to receive "cookies" or wish to be informed of their application can configure their browser accordingly.

Law and jurisdiction

Any questions that arise concerning the interpretation, application and/or compliance with the terms and conditions governing the diacorporate.com Website, as well as claims arising from their use, shall be governed by Spanish law.

DIASA and the user, expressly renouncing any other jurisdiction, shall submit any dispute arising from access or use of the Website to the Courts and Tribunals of Madrid, Spain.