GENERAL TERMS OF USE FOR THE LECHEPASCUAL

GENERAL TERMS OF USE FOR THE LECHEPASCUAL.COM WEBSITE

THE PARTIES: IDENTIFICATION

The terms and conditions set out hereunder govern access to and use of the URL address www.lechepascual.com (referred to hereinafter as the Portal), which is owned by the group of companies GRUPO LECHE PASCUAL, S.A. (hereinafter GRUPO LECHE PASCUAL), the corporate particulars of which are: GRUPO LECHE PASCUAL, S.A. (Unipersonal Company), a company duly registered in the Companies Registry of Burgos (in Volume 76, Folio 210, Page 297), holding Tax Identification Code A- 09006172, and with its registered office at Avda Manoteras, 24, 28050, Madrid, (Spain), Telephone 91-203. 55. 00, fax 91-767. 09. 83, and e-mail webmaster@lechepascual.com

The other party hereto is the individual or legal entity, hereinafter referred to as THE USER, accessing the website to seek information and to use the services offered through the portal.

By making use of this portal, the user expressly accepts the entire contents of these general terms, and also the special terms stated applying to the use of certain services. If the user does not accept these General Terms of Use, he or she is to refrain from accessing and/or using the services and/or content offered by the GRUPO LECHE PASCUAL.

2. THE PURPOSE OF THE SERVICES OFFERED

GRUPO LECHE PASCUAL is a commercial company whose main activity is the production, distribution and marketing of food products. Through its Portal www.lechepascual.com, the company offers information on its activities, its products and its group of companies, and it also provides various services of interest to professionals and private individuals alike.
Through its Portal www.lechepascual.com, GRUPO LECHE PASCUAL enables USERS to access and use the various services and content made available to them by the company itself and/or by third parties. These General Terms of Use govern the general use of the Portal by its USERS. The USERS will be able to view and to print these terms.

3. CHANGES

GRUPO LECHE PASCUAL reserves the right to change or remove the content, services and information on the website at any time and without prior notice, and also to limit or cancel the general terms and conditions applicable to the website.

4. CONDITIONS FOR ACCESSING AND USING THE PORTAL

The website www.lechepascual.com can be visited by any USER at will and at no charge, provided that it is accessed solely for his or her personal use. However, for the purpose of rendering certain services through the website, USERS will be required to fill in a form to give the data and information requested in the forms, and if a USER does not fill in all the fields that are marked with an asterisk to show their compulsory nature, GRUPO LECHE PASCUAL reserves the right not to render the service concerned. The USER guarantees the authenticity of the data he or she provides, and he or she shall be solely responsible for any false or inaccurate statements. Any Personal Data provided by USERS will in all cases be treated in accordance with the provisions of the Regulations on the Protection of Personal Data, and so our Data-Protection Policy should be consulted beforehand in this respect.

4.1. Technical requirements for access:

To access the Portal, USERS must have access to the Internet, pay the pertinent access and connection fees, and have all the computer systems and equipment required for connecting to the Internet, including a terminal that is suitable for the purpose (a PC or compatible computer, a telephone etc.) and a modem or other such access device. Accessing and using certain contents and services in the Portal properly entails downloading certain computer programs or other logic elements into the USERS’ computer systems; such installation is the responsibility of the USER, GRUPO LECHE PASCUAL declining all liability for any consequences resulting from this. In this context, the USER will need to have a bandwidth of at least 256 Kb/s available for accessing certain multimedia content, GRUPO LECHE PASCUAL declining any responsibility for poor running of the multimedia content due to fluctuations in the bandwidth of the USER’s Internet connection.

4.2. The duty to make proper use of the Portal, the Services and the Contents:
a) The USER

The USER undertakes to use the Portal, the Services and the Content in accordance with the law, moral standards, general standards of behaviour, public order, and these General Terms. He or she undertakes to use the Portal, the Services and the Content in a diligent, proper and lawful manner, and particular undertakes to refrain from:

i. Reproducing or copying, distributing, permitting public access through any form of public communication, transforming or modifying the Content, unless authorisation has been issued by the holder of the pertinent rights or unless such acts are legally permissible.

ii. Removing, evading or tampering with the "copyright" and other data identifying the rights of the owners of content incorporated in the Content, this applying also to the technical protection systems and any other information mechanisms that may be contained in the Content.

iii. Using the forums made available by GRUPO LECHE PASCUAL for posting messages that bear no direct relation to the topics of the forum, and in particular posting content that is illegal, illicit, slanderous or liable in any way to run counter to the rights of third parties or to damage computer systems. GRUPO LECHE PASCUAL reserves the right to remove any message it deems inappropriate.

iv. If Users are given passwords by GRUPO LECHE PASCUAL for the purpose of accessing certain parts or services of the website, they shall undertake to keep custody of them diligently, to keep them secret, and to accept responsibility for any economic consequences or damages resulting from failing to show due diligence in their custody.

b) The Portal: GRUPO LECHE PASCUAL has no control over, and does not guarantee the absence of, viruses and other elements in the Content that may give rise to incidents with the User’s computer system (software and hardware) or with the electronic documents and files stored in it.

4.3 Denial and withdrawal of access to the Portal and/or Services:
GRUPO LECHE PASCUAL reserves the right to deny or withdraw access to the Portal and/or the Services, at any time and without having to serve prior notice, to USERS who fail to adhere to these General Terms.

4.4 The use of the Services offered in the Portal of GRUPO LECHE PASCUAL in accordance with the Unsolicited Advertising Policy governed by Spain’s Act on Information-Society Services and Electronic Commerce (LSSICE in its Spanish initials):

The policy of GRUPO LECHE PASCUAL with respect to e-mail is grounded on sending out only communications you have requested. In cases of advertising mailings arranged by GRUPO LECHE PASCUAL for USERS, the messages will be marked “advertising” to avoid confusion. If you do not wish to receive these messages by e-mail, you will always be offered a simple, straightforward way to state that.

THE USER and GRUPO LECHE PASCUAL undertake to use the Services in accordance with the Unsolicited Advertising Policy, and in particular, they undertake:
- To refrain from sending chains of unsolicited electronic messages.
Persons who suffer the dispatch of unsolicited advertising messages addressed to a number of people can notify GRUPO LECHE PASCUAL of this by sending a message to the e-mail account: webmaster@lechepascual.com

5. RESPONSIBILITIES

a) GRUPO LECHE PASCUAL declines all direct and subsidiary responsibility for:

· The portal’s quality of the service, speed of access, proper functioning, and its availability and continued functioning.

   · Information added by users, contributors and third parties.
   · Any damage done to the users’ equipment through using the portal.
   · Transgressions of the law, moral standards, generally accepted standards of conduct, or public order as a result of the transmission, dissemination, storage, provision, reception and obtaining of the content or accessing it.

   · Infringements of intellectual and industrial property rights, rights to honour, rights to privacy for individuals and families, rights to personal image (photographs), property rights and rights of all kinds belonging to a third party, as a result of the transmission, dissemination, storage, provision, reception or obtaining of the content or accessing it.
   · Links and hypertext (such as links, banners or buttons) enabling USERS to access other websites, facilities and services offered by third parties via the website www.lechepascual.com, do not belong to and are not under the control of GRUPO LECHE PASCUAL, the latter declining responsibility for the information they contain and for any effects that may stem from that information.
   · GRUPO LECHE PASCUAL declines all direct, subsidiary, explicit or implicit responsibility for any flaws or defects of any kind in the content transmitted, disseminated, stored or made available, for any out-of-date or inaccurate elements in that content, and for its scientific quality, as applicable. Likewise in the case of queries put by users in the sphere of the Portal, replies given to those queries shall not under any circumstances be regarded by users as a medical diagnosis or as a substitute for a medical diagnosis, for which USERS are to turn to their doctors. GRUPO LECHE PASCUAL declines all responsibility, in the terms set down above, for any decisions taken by USERS as a result of replies made to their queries.

b) Of USERS:

· GRUPO LECHE PASCUAL declines all responsibility for the carrying out of any action which is illicit, counter to rights, harmful and/or damaging.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

The website in its entirety – text, images, marks, graphics, logos, buttons, software files, combinations of colours, and the structure, selection, ordering and presentation of its content – is protected by the legislation on intellectual and industrial property, it being forbidden to reproduce, distribute, publicly disseminate or transform it, except for personal private use.
It is also forbidden to reproduce, relay, copy, assign or broadcast, in whole or in part, the information contained in this website, for whatever purpose and by whatever means.

In accepting these terms, Users adding reviews or comments to the PORTAL accept granting to GRUPO LECHE PASCUAL the right, as a right that is non-exclusive, royalty-free, perpetual, irrevocable and fully assignable to third parties, to use, reproduce, modify, adapt, publish, translate, use for creating derivative products, distribute and exhibit those reviews and comments anywhere in the world and through any means of communication. Those Users shall also grant GRUPO LECHE PASCUAL the right to use any name accompanying such reviews or comments, if there is one, in connection with said reviews or comments.

No link to the Portal may be added in any other website without the prior express consent of GRUPO LECHE PASCUAL.

7. THE USE OF COOKIE TECHNOLOGY

GRUPO LECHE PASCUAL reserves the right to use "cookies" or similar files, in Portal usage of any kind. The “cookies” used are associated only with anonymous users and their terminals, and they do not provide references allowing personal data of the USER to be deduced; neither can they read data from USERS’ hard disks, or cookies created by others.

GRUPO LECHE PASCUAL informs you that most web "browsers" enable users to delete "cookies" from their computers’ hard discs, or to block them or to be given a message before saving a "cookie" to disk; and you are also informed that you can set up your browser to give you an on-screen warning when cookies are received, and thus to prevent them from being installed on your hard disk. For help on these functions, see the instructions or manuals for your browsing program, or the ‘help’ screen.

8. PERSONAL DATA PROTECTION POLICY

In accordance with the legislation on Personal Data Protection, GRUPO LECHE PASCUAL, S.A., a company with registered office at Avda. Manoteras nº 24, 28050, Madrid, Spain, informs you that any personal data you may provide for the company in filling in the forms contained in this website will be added to automated files, which have been registered with the Personal Data Protection Agency in the name of GRUPO LECHE PASCUAL, S.A. Replying to questions on Personal Data marked with an asterisk (*) is compulsory, and failing to reply to them will result in it being impossible to continue and to access the service offered. The purpose of this Personal Data gathering and automatic processing is to facilitate the rendering of certain services by GRUPO LECHE PASCUAL, S.A., to arrange appropriate maintenance for relations established (management, administration, improvement and adaptation to the preferences and tastes of the User), to improve the website, and to send out, by traditional and/or electronic means, commercial and advertising information on the group’s products and services, provided that you give your authorisation for this to the company. The individuals to whom the data correspond shall be entitled at all times to exercise their right to access, correct, cancel or oppose the data in the terms set down in the Data Protection legislation, for which purpose individuals concerned are to send a written signed request by registered letter to Avda. Manoteras nº 24, 28050, Madrid, Spain, including their first name(s), surname(s), a photocopy of their Identity Card, the action they are requesting and their address, so that GRUPO LECHE PASCUAL, S.A. can send them confirmation of having acted in accordance with their requests.

Users giving their data expressly consent to the data included in the aforementioned file being granted to or passed on to the other companies in this Group of Companies, in the food, furniture and insurance sectors, solely for the purposes explained above. Users’ acceptance as regards having their data processed or passed on in the form set down in this paragraph is always revocable, in accordance with the relevant legislation on personal data protection.

At all events, GRUPO LECHE PASCUAL, S.A. guarantees that the confidentiality and security of Personal Data will be safeguarded, the company having adopted the legally required security measures, those measures giving a reasonable assurance that the personal data of Users will be protected and not be lost, improperly used, altered or processed, and that unauthorised access to them will not arise.

This website may contain links or references to other websites that are not under our control and thus to which this data protection policy is not applicable. You are advised to read the relevant notices in each website you visit. You alone will be responsible for your connecting to such other websites.

9. MINORS

Minors under the age of 18 are forbidden to access and use the Portal. The forms contained in the website are not intended for minors;

GRUPO LECHE PASCUAL has put in place a system for blocking registrations by minors under the age of 18, and declines responsibility for the truthfulness and accuracy of the data filled in by USERS. GRUPO LECHE PASCUAL reminds Users aged over 18 with minors in their charge that they alone shall be responsible for deciding which services and/or content are or are not appropriate for the age of those minors. GRUPO LECHE PASCUAL informs them that there are computer programs available that enable access to certain content and services to be filtered and blocked.

10. JURISDICTION

These terms are drawn up in Spanish, and are subject to current Spanish legislation. In the event of any dispute arising over the use of the services offered or of the Portal’s own content, the parties, who accept these Terms, shall submit to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain).