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 license 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
4.2 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 FURNISHED 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.
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 BY 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 equipment or other property by reason of your access to, use or downloading of any material from its 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.
9.1 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.
1. How personal information is collected
2. Kinds of personal information held by Nestlé
3. The purposes for which personal information is collected and used
4. Disclosure of personal information to other parties in Australia and overseas
5. Data storage and security
6. How you may access your personal information and seek its correction
7. How to make a complaint and how complaints will be handled
1. How personal information is collected
Nestlé websites - any consumer-directed websites operated by Nestlé, including Nestlé owned websites and websites that we run on third party social networks such as Facebook (e.g. Facebook fan page).
Nestlé mobile sites/apps - any consumer-directed mobile sites or applications operated by Nestlé, including our smartphone apps (e.g., iPhone apps).
Nestlé text messaging programs - any consumer-directed text messaging programs operated by Nestlé which may be advertised on one of our websites or applications or in a print ad.
Hardcopy forms - including hardcopy registration cards or competition entry forms that we may collect from individuals via post, in-store demos, or other events and credit application forms for business customers (as governed by the Nestlé Credit Reporting Policy).
The Nespresso Club - any personal information that we may collect from consumers through The Nespresso Club, for example if you call us with a question or comment or to sign up for marketing communications over the phone.
Social networking sites - any personal information that we may collect when you interact with third party social networking features such as “Facebook Connect” or “Facebook Like”. These features may be integrated in our sites or applications. If you use these features, we may have the ability to obtain certain information about you from your social networking profile.
Data from third parties - Although Nestlé generally only collects personal information directly from individuals we may obtain personal information about you from other sources such as third party data aggregators engaged to provide us with additional information about our existing consumers or from third parties with whom we may occasionally partner with to run promotions. We may also receive information about individuals when we acquire other companies, or when we consider business customer credit applications.
2. Kinds of personal information held by Nestlé
Nestlé only collects personal information that is necessary for one or more of its business functions. We may combine personal information that we collect via one method (e.g., a website) with personal information that we collect via another method (e.g., an offline event). We do this to get a more complete view of our consumers and customers, which, in turn, allows us to serve you better and with greater customisation. Personal information collected includes the following:
Personal contact information - any information that would allow us to personally contact you, such as your name, home or mailing address, phone number or email address.
Account login information - any information that is required for you to establish a unique account with us or for us to give you access to your specific account profile.
Demographic information - any information that describes your demographic or psychographic characteristics, such as your date of birth, age or age range, gender, geographic location (e.g., post code, city and state, mobile location), favourite products, hobbies and interests, and household or lifestyle information.
Technical computer information - any information about a computer system or other technological device that you may be using to access one of our websites or applications.
Website usage information - any information about how you use and navigate our websites and applications, including which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions with a Nestlé website or application (e.g., date and time of visit, which site you came from, favourite recipes and site activities, high game scores, etc.).
Consumer/Customer feedback - any information that you voluntarily share with us about your experience in using our products and services, including our websites and applications. Examples may include unsolicited comments and suggestions, testimonials, or other questions or feedback related to our products.
Consumer-generated content - any content that you create and then share with us and perhaps others, by uploading it to one of our websites or applications, including one of our Facebook sites.
Social network information - any information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with us (examples: name, email address, gender, birthday, profile picture and any other information you allow to be shared). We may use this information to match information with a social network for advertising purposes.
Payment information - any information that you use to make a purchase, such as your credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available).
Children under 15 - Nestlé does not knowingly collect personal information from children below the age of 15. If we discover that we’ve accidentally collected information from a child, we will remove that child’s information from our records as soon as feasibly possible. However, we may collect personal information about children below the age of 15 from the parent or custodian directly.
3. The purposes for which personal information is collected
Nestlé may collect and use your personal information for some or all of the following purposes. Please note that not all of the uses below will be relevant to every individual.
Marketing communications - Where you have opted-into receiving marketing communications about Nestlé we may collect and use your personal information to keep you up to date with the latest news, events, special offers and promotions of our brands as follows:
You can always opt-out from receiving marketing communications by following the unsubscribe instructions provided in each such communication or by contacting The Nespresso Club on 1800 623 033 or online here.
You may also visit social media sites where you are a member to explore opt-out options they may provide for targeted advertising. Please note that even if you opt-out from receiving marketing communications from us, you may still receive administrative communications from us (such as order confirmations, notifications about your account activities). You will also still see generic ads on other websites, including on social media sites where you are a member.
Account maintenance - We may collect and use your personal information to maintain your accounts with us, including administering any consumer loyalty or rewards programs that are associated with your account.
Consumer/customer service - We may collect and use your personal information to provide you with customer service, including responses to your inquiries, complaints and general feedback about our products. Customer service may be provided through various forms of communication, including via email, letter, telephone and online chat features.
Product improvement and customisation - We may collect and use your personal information so we can constantly improve our products, tailor them to your needs, and come up with new product ideas and inform you of any changes to our products.
Consumer engagement - We may collect and use your personal information to get you more actively engaged with our products and services (including our websites and applications), thereby increasing overall brand engagement and awareness. This mostly involves the collection, use, and publication of consumer-generated content.
Promotions and competitions - We may collect and use your personal information for promotions, giveaways, competitions, or other similar marketing campaigns. These events typically require the collection and use of personal information (for eligibility, prize fulfilment etc.) To comply with legal requirements, we may publish or share a limited amount of personal information (such as name and city of residence) about the winners of a particular promotion. For more information about our contests and other promotions, please see the official terms and conditions applicable to each promotion.
Website improvement and personalisation - We may collect and use your information to improve and personalise your experience on our websites and applications. This is typically done through automated tracking technologies (such as cookies) that collect and remember certain account login information, technical information and website usage information.
Website community features - We may collect and use your personal information to give you access to website community features, including features that may allow you to upload and share recipes, pictures, videos, artwork, or other messages or content. This typically involves the collection, use, and (in some instances) public display of certain personal information.
Website viral features (e.g., friend-get-friend) - We may request and use your personal information so you can use website viral features, such as our friend-get-friend features. These features allow you to easily share certain news, product information, promotions or other content with family and friends and typically requires the collection and use of personal information (such as names and email addresses).
Order fulfilment - We may collect and use your personal information to process and ship your orders, and to inform you about the status of your orders.
Other general purposes (e.g., website security, internal research, surveys) - We may collect and use your personal information for other general business purposes, such as to maintain the day-to-day operation and security of our websites and applications and to conduct internal marketing, demographic studies and contact you for consumer research.
4. Disclosure of personal information
Nestlé will not disclose your personal information with any third party that intends to use it for direct marketing purposes unless we have specifically informed you and you have given us specific permission to do this.
We may share your personal information with other related companies in the Nestlé Group, including Nestlé companies in Switzerland, the United Kingdom and New Zealand. Nestlé may also share your personal information with other third parties, but only in the following circumstances:
Service Providers, Agents and Contractors - We may use third parties, like service providers, agents or contractors to provide support for our business functions (such as internal operations of our websites and applications, database or website hosting, including cloud infrastructure, handling houses, promotions agencies etc). Your personal information may be accessed by Nestlé’s service providers located outside of Australia in countries including Switzerland, Germany, New Zealand, India and the United Kingdom, or be stored by them in such countries.
Partners and Joint Promotions - From time to time, we may run a joint or co-sponsored program or promotion on our website or application with another company, and, as part of this event, collect and process personal information. Your personal information will only be shared with a third party if you have consented to opt-in to receive information directly from that third party company.
Legal requirements and business transfers - We may also disclose your personal information if we are required to do so by law, or if in our good faith judgment, such action is reasonably necessary to comply with legal processes, to respond to any claims, or to protect the safety or rights of Nestlé, its customers, or the public. In the event of a merger or acquisition of all or part of Nestlé by another company, or in the event that Nestlé were to sell or dispose of all or a part of the Nestlé business, the acquirer would have access to the information maintained by that Nestlé business, which could include personal information.
5. Data storage and security
We take all reasonable technical and organisational measures to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure, and against other misuse. We will only keep your personal information for as long as it is reasonably necessary taking into consideration our need to answer queries or resolve problems, provide improved and new services and comply with legal requirements under applicable laws. This means that we may retain your personal information for a reasonable period after you stop using Nestlé services or stop using our websites or applications. When the personal information that we collect is no longer required, we destroy or delete it in a secure manner, in accordance with best practice for document and data destruction.
Third party data security – Where Nestlé does disclose personal information to a third party as specified in point 4 above, any such third party must at all times provide the same levels of security for your personal information as Nestlé does, and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of Nestlé.
6. How you may access your personal information and seek its correction
You can request access to the personal information Nestlé holds about you by contacting the Nestlé Privacy Officer in writing here. If Nestlé cannot provide access to your personal information, it will provide you with the reasons why. Depending on the nature of the request, Nestlé may charge for providing access to your personal information, however such charge will not be excessive. If the personal information Nestlé holds about you is inaccurate, incomplete or not up to date you may request that Nestlé correct the information here.
Where available, you can review or update any personal information that we may have collected about you for our general website and application registration. To do this, please visit the appropriate ["Update Profile"] section(s) on our website or application.
7. How to make a complaint and how complaints will be handled
If you are concerned about a possible interference with your privacy or misuse of your personal information by Nestlé, please contact the Nestlé Privacy Officer here or by contacting The Nespresso Club on 1800 623 033 to obtain a Privacy Complaint form.
It is Nestlé’s policy to handle complaints in a timely, effective, fair and consistent manner. On making a privacy complaint to Nestlé, you will receive an acknowledgment letter or email within 5 business days. This communication will set out the name of the person responsible for handling your complaint and the expected response time to the complaint. Nestlé endeavours to make a decision on all written complaints within 20 business days after a complaint is received. If we need more time to respond to your complaint we will notify you as to the delay, the reasons for it and seek your agreement to a longer period.
Conditions of Sale
In these terms:
Goods means any goods provided by Nespresso to you. Nespresso means Nestlé Australia Ltd ABN 77 000 011 316 trading as Nespresso Australia and its officers, employees and agents. Services means any services provided by Nespresso to you. You means the person(s) purchasing Goods and Services from Nestlé which these conditions accompany.
2. APPLICABILITY OF TERMS AND CONDITIONS OF SALE
2.1 Each order placed with Nespresso by means of the internet shall be governed by these Terms and Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, these Terms and Conditions of Sale.
2.3 Nespresso reserves the right, at any time, to modify these Terms and Conditions of Sale by posting a new dated version on this website. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
3.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
3.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
4.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
4.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
4.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
5. NESPRESSO CLUB MEMBERSHIP
5.1 When Nespresso accepts your first order for Goods, you automatically become a member of Nespresso Club. Membership is non-transferable. Your membership number will appear on your first invoice. Your membership entitles you to the provision of Services. It is your responsibility to ensure that your contact details with Nespresso Club remain up to date.
6.1 You may place orders for Goods and Services (a) by completing a purchase order form and sending or faxing it to Nespresso; (b) by telephone; (c) online on the Australian pages of the website www.nespresso.com; or (d) in person at a Nespresso store.
6.2 When ordering Nespresso capsules, each order must be in multiples of 5 sleeves (10 capsules in each sleeve) and may be in any combination of sleeves or blends.
6.3 All orders are subject to availability of stock and min/max quantities as Nespresso decides from time to time.
6.4 Nespresso offers its products on this website within the limits of its available stocks.
6.5 Nespresso reserves the right to refuse orders whether whole or in part in its absolute discretion.
7.1 You must verify your order of Goods upon delivery and you must notify Nespresso within seven days of receipt of any incorrect order. If required by Nespresso, such Goods forming part of the incorrect order must be promptly returned by you to Nespresso.
7.2 Nespresso will only accept returns of unused Goods in their original condition and packaging, accompanied by the invoice.
7.3 When returns are properly completed, Nespresso will reimburse the price of the returned Goods and the invoiced delivery charges within 30 days of receipt of the returned Goods.
7.4 You cannot refuse to accept Goods merely because they are not delivered by any given date or dates.
8. DELIVERY AND RECEIPT
8.1 Nespresso will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however Nespresso will not be liable for (a) any failure to deliver or delay in delivery for any reason; (b) any damage or loss due to unloading or packaging; or (c) damage to property caused upon entering premises to deliver the Goods or provide the Services. Any costs incurred by Nespresso due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Nespresso.
8.2 Invoices for Goods may include a flat rate charge for freight and delivery for packages weighing up to 3kg and, for packages over 3kg, an additional freight and delivery charge as specified by Nespresso.
8.3 If you wish to have Goods or Services provided by means other than Nespresso’s usual means, you will need to make all necessary arrangements and pay all costs involved.
8.4 Twilight Delivery is only available to customers within specified postcodes in the Sydney Metropolitan Area.
8.5 Twilight Delivery is only available if the order is placed prior to 1pm, Monday to Friday.
8.6 Twilight Delivery orders placed after 1pm will be delivered in the evening, the following business day.
8.7 The Twilight Delivery service is contracted to a third party supplier (WantItNow Couriers) and the courier will contact customers directly to confirm delivery and provide delivery tracking.
9. PAYMENT AND INTEREST
9.1 Nespresso may change the price of Goods and Services from time to time without notice to you.
9.2 You must pay the price of Goods and Services current at the time of payment or the time of dispatch of the Goods or provision of the Services, whichever is the earlier.
9.3 Invoices are payable on or before receipt of Goods or provision of Services. Time is of the essence in relation to all payments of money to Nespresso under this agreement.
9.4 You must pay Nespresso any GST payable for the provision of the Goods and Services.
9.5 Nespresso reserves the right to charge interest on overdue payments at 2% above the interest rate for overdrafts of $100,000 or more charged by the Commonwealth Bank of Australia, compounded daily from the due date to the date of payment.
9.6 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.
10. TITLE AND RISK
10.1 Title in Goods passes to you on payment in full for them.
10.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 8.3 in which case risk passes when the Goods leave Nespresso’s premises.
11. EXCLUSIONS AND LIMITATIONS
11.1 To the extent permitted by law, Nespresso will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit.
12.1 You indemnify and must keep Nespresso indemnified against all reasonable damages, losses, costs and expenses suffered by Nestlé arising out of any breach by you of this agreement or arising out of your use, possession or sale of the Goods, or the use, possession or sale of the Goods by someone with your authority or permission to the extent not caused or contributed by Nespresso.
13.1 These terms and any invoice referencing these conditions govern your membership of Nespresso Club and the provision of Goods and Services and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
13.2 These terms may be varied by Nespresso at any time by notice to you or by means of a notice on the Australian pages of the website www.nespresso.com.
13.3 Clerical errors are subject to correction without notice.
13.4 Nestlé may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of Nestlé’s obligations under this agreement.
13.5 Nestlé waives a right under these terms only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
13.6 You must pay Nestlé all reasonable costs and expenses incurred by Nestlé in connection with these terms including legal expenses (on a solicitor-client basis), and costs incurred in the recovery of monies owing by you to Nestlé or in otherwise enforcing Nestlé’s rights against you under the Contract.
13.7 Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if such delay or failure is due to any cause outside their reasonable control. If delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations are suspended. If such a suspension exceeds 30 days, either party may immediately terminate the agreement by notice in writing to the other party.
13.8 These terms are governed by and must be construed in accordance with the laws of New South Wales.
Nespresso Australia a division of Nestlé Australia Ltd
ABN 77 000 011 316
at 1 Homebush Bay Drive, Rhodes, New South Wales 2138, Australia