Terms of use - Disclaimer

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1. Acceptance of Terms of Use
By accessing the Site and the materials and information contained therein, you acknowledge that you have read, understand, accept and agree to be legally bound by the Terms of Use and disclaimer language that follow.

2. Restrictions on use of materials
The contents of the Site and all downloads are copyright as of © 2001 Koninklijke Ahold N.V. or where indicated Ahold Companies, joint venture partners or third parties. All rights have been reserved. Information on the Site, including but not limited to, text, presentations, figures, images and sound, may not, except where otherwise indicated, be copied, reproduced, republished, modified, transferred, distributed or stored without prior written permission of Ahold.

Unless otherwise indicated, all trademarks, service marks, trade names, trade dress and logos displayed on the Site are registered and unregistered trademarks of Koninklijke Ahold N.V. or its Ahold Companies. These include without limitation each of Ahold's primary brands such as Albert, Albert Heijn, Albert.nl, Etos, Feira Nova, Gall & Gall, Giant, Giant Food Stores, Hypernova, ICA, Martin’s, Peapod, Pingo Doce and Stop & Shop and its corporate logos and emblems.

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3. Forward-looking statements
See Cautionary Notice at www.ahold.com.

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4. No warranties or representations
All content of the Site is provided "as is" and "as available" without any warranties or representations of any kind either express or implied. Ahold Companies and their suppliers, to the fullest extent permitted by law, disclaim all express and implied warranties or representations of any kind, including but not limited to the warranty of merchantability, warranty of non-infringement of third-party rights and the warranty of fitness for a particular purpose.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you but only to the extent such exclusions are not allowed. In such case, such exclusion shall be limited to the extent required by applicable law.

Without limitation, Ahold, Ahold Companies and their suppliers make no warranties or representations about the accuracy, content, operability, reliability, completeness or timeliness of the material, services, software, text, graphics and links on the Site.

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5. Specific software available on the Site
Use of the software that may be made available to download from the Site (the "Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user, who installs any Software that is accompanied by or includes a License Agreement, is thereby deemed to agree to the License Agreement terms. Any reproduction or redistribution of the Software not in accordance with the License Agreement may result in civil and/or criminal penalties. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, Ahold hereby disclaims all express and implied warranties and conditions with regard to the Software including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

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6. Linked Internet Sites
Ahold respectively the Ahold Companies, comprise a broad spectrum of companies, many of which are operating under their own brand names. A number of Ahold Companies has own websites on the internet where information about their products and services is offered. Reference is made to those websites for further details and hyperlinks have been provided from the Site to those Ahold company sites, business units and product groups, if available.

Users are advised that information on hyperlinked or referred-to websites owned by a third party is neither investigated nor analyzed by Ahold or Ahold Companies. No warranty or representation, express or implied, is given as to the accuracy or completeness of that information. In no event will Ahold, Ahold Companies, nor any of its directors, employees or advisors accept any liability with regard to the information contained in the relevant individual websites or any other hyperlinked or referred-to websites.

Neither ahold nor Ahold Companies are responsible for the content of any other websites linked to the Site or an Ahold Company site. A link to another website is meant for convenience only and does not imply that Ahold Companies endorse the website or any products or services that it describes. Your access to and use of any other websites linked to or from the Site is at your own risk. Neither ahold nor Ahold Companies assume any obligation or liability in connection therewith. Ahold and Ahold Companies reserve the right to terminate any link or linking program at any time.

By accessing the Site, you also agree to abide by the proprietary guidelines set forth at any website accessed or linked to through the Site.

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7. Limitation of Liability
In no event will Ahold, Ahold Companies and/or contributors be liable to any party for any damages whether direct, indirect, special, punitive, incidental, consequential or other, resulting from, arising out of or in connection with access to, or use of or inability to access or use, the Site or its contents, or of any other hyperlinked website, including but not limited to, any damages for lost profits, business interruption, loss of programs or data, even if they are expressly advised of the possibility of such damages. You hereby waive any and all such claims against Ahold, Ahold Companies and/or contributors. The limitations set forth above are fundamental elements of these Terms of Use and the Site and its materials would not be provided to you absent your agreement to such limitations.

Some jurisdictions may not allow any of the foregoing exclusions or limitations of liability, so some of the above exclusions or limitations may not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusion or limitations shall be limited to the extent required by applicable law.

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8. Indemnification
You agree that you will not use the Site for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You agree to indemnify, defend, and hold harmless Ahold, Ahold Companies and/or contributors from and against any damages, liability, loss, claim and expense (including reasonable attorneys' and professionals’ fees and litigation costs) related to (i) your violation of the law or these Terms of Use, and/or (ii) your posting or use of materials on the Site.

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9. Comments, questions and suggestions
Ahold does not want to receive confidential or proprietary information from you through the Site. Information that you provide through the Site will be deemed non-confidential and non-proprietary. By sending Ahold any information or material, you grant Ahold and the Ahold Companies a worldwide royalty free, unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and to sublicense such rights, and you also agree that the Ahold Companies are free to use for any purpose any ideas, concepts, know-how or techniques that you send to Ahold.

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10. Note on Annual Reports
The Ahold Annual Reports available on or via the Site are copies of the same reports available for inspection upon public filing with the Autoriteit Financiële Markten (Netherlands Authority for the Financial Markets) (AFM) and the trade register as managed by the Kamer van Koophandel (Netherlands Chamber of Commerce. In the event of any discrepancy between any such publicly filed report and any version of such report for the same year on the Site, including but not limited to web and mobile versions, the former prevails. The maintenance and integrity of the Site is the responsibility of Ahold. The work carried out by the external auditor does not involve consideration of these matters. Accordingly, the external auditor accepts no responsibility for any changes to the Site. Legislation in the Netherlands governing the preparation and dissemination of financial statements may differ from legislation in other jurisdictions.

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11. Shut-down of the Site
Ahold has the sole right to shut down the Site or any part thereof for any reason at any time without notice.

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12. Modification of Terms of Use
Ahold may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

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13. Dispute Resolution
The Terms of Use are governed by and construed under the laws of the Netherlands, without regard to conflicts of law provisions. Any disputes in connection with these Terms of Use or its enforcement shall be resolved by arbitration under the the relevant rules of the Dutch Arbitration Institute (Nederlands Arbitrage Instituut) with hearings held in the English Language in the Netherlands.

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14. Severability
If any provision of these Terms of Use is deemed by a court of competent jurisdiction in a final judgment to be invalid or unenforceable, that provision shall be considered to be stricken from the Terms of Use and the remainder of the Terms of Use shall remain in full force and effect.

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15. No Waiver
Ahold's failure to insist upon strict enforcement of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

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16. Headings
Headings of the sections of the Terms of Use are inserted for convenience reasons only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

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