Terms and Conditions

Terms of Use 1. Acceptance and Modification of the Terms of Use

1.1 Your access and use of the websites (the “Websites”) of Nestlé Nespresso S.A. (“Nespresso”), which includes Nespresso’s affiliated companies, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.

1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

2. Copyright and Intellectual Property

2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.

2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a licence or a right to use any such content of our Websites.

3. Use of the Websites

3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.

3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.

4. Information Deemed Non-Confidential

4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy. Nespresso invites you to read this Privacy Policy carefully before providing us with any personally identifying data and information.

4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.

4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso’s use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.

5. Disclaimer of Warranties

5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE PROVIDED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

5.2 Nespresso DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.

5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

5.4 Any advice or information, be it oral or written, obtained from Nespresso or during the use of services made available on the Websites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

6. Limitation of Liability

6.1 You access, use, browse and navigate on our Websites at your own risk and peril.

6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Nespresso, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso), CAPABLE OF ARISING FROM YOUR ACCESS TO OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.

6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED IN ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer, tis equipment or other property due to your access to, use or downloading of any material from Nespresso's websites or for any illegal intrusion or intervention in the IT systems.

6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.

7. Change of Information

The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.

8. Availability of Products / Services

Our Websites may contain information on Nespresso’s worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location.

9. Links

9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.

9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Nespresso.

10. Miscellaneous

10.1 The present Terms of Use embody the entire agreement concluded between Nespresso and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by Nespresso and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.

10.2 The fact that Nespresso tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.

10.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and Nespresso.

10.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

11. Governing Laws and Jurisdiction

11.1 These terms and conditions shall be governed by and interpreted according to the laws of the Republic of South Africa. By accessing and using the Website, you consent to the exclusive jurisdiction of the High Court of South Africa.

11/2005

© 2003 Nestlé Nespresso S.A. All rights reserved.

---------------------------------------------------------------------------------------- Cookies

What are Cookies

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

How and why do we use Cookies

We use Cookies to improve the use and functionality of our website and to better understand how visitors use our websites and the tools and services offered on it. The storage of Cookies on your computer provides an easy and convenient way for us to personalise or enhance your experience on our website and to make your next visit more enjoyable. We do not use Cookies to collect personal information such as your name; however, we may link information contained in a Cookie to personal information collected from you by other means (e.g. general website registration).

What type of Cookies are used?

When you visit this website, the following types of Cookies are used.

Necessary Cookies

These are Cookies that are strictly necessary for the operation of a website. Without these cookies, this website won’t work properly.

Functional Cookies

These are Cookies which are set up to improve the functionality of the website. For example, Cookies that remember the content you previously viewed on this website or the email address and password you provided when registering during an earlier visit to this website. Cookies may also remember items you have previously placed in your basket while visiting our website. Using Functional Cookies therefore may allow us to deliver content tailored to your interest and save you the time of having to re-register or re-enter information when you revisit this website or try to access certain Club member only sections. We also use cookies for website analytics or advertising means.

Performance Cookies

These cookies help us understand how visitors interact with our websites by providing information about the areas visited, the time spent on the website, and any issues encountered, such as error messages. This helps us to improve the performance of our websites.

First Party Cookies

These are Cookies which are set by this website and can only be read by this site.

Third Party Cookies

These are Cookies which are set by third parties we use for different services (for example, website analytics or advertising).

List of Cookies used on this website

The following tables categorise and describe the various Cookies used on this website:

Type

Purpose

Session ID

Nespresso websites use specific Cookies, which are essential for the websites to work properly. One is a Cookie used to create a session ID for the user, so that the system itself can identify the user as a unique and individual user, distinct from anyone else looking at the website. This information is not used or stored outside Nespresso systems, and is held only temporarily while the user is accessing account pages and other pages, which require unique and secure access. Without this Cookie, such access could not remain secure, so it is very important.

Functional Cookies

Type	Purpose
Language	Used to tailor the default language for the site. Disabling this may cause more of an annoyance to users as they would be prompted to re-enter their language preference.
Country	Used to suggest the most relevant experience based on the country that the user lives in and wants to be delivered to when purchasing Nespresso products.
Promotion	Used to recognise Nespresso Club Members eligible to promotions and display information about their corresponding offers.
Login	Used to offer Club Members the option to remember their credentials in order to avoid them retyping their user ID and password each time they access the Nespresso Club section.

Performance Cookies

Type	Purpose
Load balancer	This cookie allows us to split the load on our servers based on visitors’ use of our pages and applications. It improves the overall performance of our website.

Third Party Cookies

Type	Purpose	Comment
Google Analytics	Google Analytics tracking uses Cookies in order to provide insights on what users do when they visit our site. Cookies do not identify people, but rather they are defined themselves by a combination of a computer, a user account and a browser. However, Google Analytics Cookies do not collect personal data about your website visitors.	For more information about Google Analytics click here
Google Doubleclick	Used to provide anonymous / aggregated information about where the user goes and what the user does on Nespressowebsites.	For For more information about Doubleclick, click here
ViaMichelin	Used to offer users tailored services based on their geographic context, such as Nespresso store locator.

How can I control my Cookie settings?

Most internet browsers are initially set up to automatically accept Cookies. You can change the settings to block Cookies or to alert you when Cookies are being sent to your device. There are a number of ways to manage cookies. Follow the below guidelines to manage your Cookies using your web browser. If you do so, please be aware that you may not be able to register on our website or use other features that require registration or the collection of information.

Internet Explorer

Click on the "Tools" icon then select "Internet Options". Choose the 'Privacy' tab and move the slider to choose your settings. For more detailed privacy settings click on 'Advanced'.

Safari

Choose 'Preferences' from the Safari menu then select 'Security'. You’ll see your Cookie settings and can choose your settings.

Mozilla Firefox

Click on 'Menu’, 'Options', 'Privacy' and then 'Cookies'. You can then choose your settings.

Google Chrome

Click on the 'Tools' menu then select 'Options'. Choose the 'Under the Bonnet' tab and then the 'Privacy' section. Select 'Content settings' then the 'Cookie settings' tab and choose your settings.

Opting out of Flash Cookies

Flash Cookies are different from the other Cookies used on this website because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. For information on controlling the use of Flash Cookies on your computer visit the Macromedia website here.

Legal Notice Update

We reserve the right to make any changes and corrections to this policy. Please refer to this page from time to time to review these and new additional information.