For Clients and Distributors of NESPRESSO PROFESSIONAL



1. Acceptance of the Terms of Use

1. The present terms of use govern the relations among the Swiss
corporation NestlÈ Nespresso (" Nespresso ") and the users of the
services made available on this site to clients and distributors of
NESPRESSO PROFESSIONAL. Each user is subject to the present conditions.
2. By registering and clicking on the icone "I accept ", the user
acknowledges that he has read, understood and accepted the present
conditions and that he intends to comply with them.
3. In case of non-compliance with the terms of use, Nespresso reserves
the right, without any indemnity and without notice, to discontinue
and/or refuse access in the future to all or part of the services made
available on this site, without prejudice to the different causes of
action at law or in contract which it could pursue.



2. Description of the Services
1. Nespresso is the manufacturer of the NESPRESSO
PROFESSIONAL products, a line centered around an exceptional coffee and
intended for enterprises and the liberal professions. Through the
present Internet site Nespresso acts as an intermediary and puts
distributors and clients of NESPRESSO PROFESSIONAL into contact with
one another.
2. By means of the present site, the NESPRESSO PROFESSIONAL clients
have notably the possibility to request a test placement or to order
NESPRESSO PROFESSIONAL products.
3. Each request for a test placement or order made by means of the
present site will be forwarded by Nespresso to the client's
distributor. The distributor will acknowledge receipt of the request or
the order and will confirm it without delay by addressing an e-mail
confirmation directly to the client.
4. Clients of distributors with their own site shall be automatically
transferred to that site by Nespresso when they connect initially to
the present site.
5. Nespresso is not a party to the test placement or sales contract
concluded by means of the present site between the distributor and the
client. The role of Nespresso is limited to that of a simple
intermediary making available a platform to facilitate the commercial
exchanges between clients and distributors of NESPRESSO PROFESSIONAL.
Nespresso can not by consequence be held responsible for the
obligations of either the distributor or the client, namely with
respect to prices, delivery, invoicing, or payment for the products.



3. Obligation to Register
1. Registration for the services offered on this site by
Nespresso is free of charge and signifies the acceptance of the present
terms of use.
2. In order to use the services offered by Nespresso, the user must
complete the registration form. The user undertakes to furnish accurate
and complete information and to update it as quickly as possible.
3. Once all the registration formalities have been completed, Nespresso
will assign a personal password to the user enabling him to access the
site and the services which it offers.
4. The password is strictly personal and confidential. The user
undertakes not to divulge his password to any other party. The user is
responsible, according to the present terms of use and the law, for the
acts and schemes of any person using his password, even if without the
users knowledge. The user undertakes to report any unauthorized use of
his password to Nespresso as quickly as possible.



4. Test Placements and Sales Conditions
1. The conditions governing a test placement of a NESPRESSO
PROFESSIONAL machine are those applied by and agreed with the
distributor.
2. The prices and other sales conditions governing the orders placed by
means of the present site are those priorly and freely concluded
between the client and the distributor. The fact that the order was
placed by means of this site does not in any means modify such sales
conditions.
3. Any prices displayed on the present site are communicated only for
general purposes of information. The applicable prices for an order
placed through this site are those freely and previously fixed between
the client and the distributor.
4. Since Nespresso does not intervene in the test placement, the
conclusion of the sale, the delivery, the billing, or the payment, it
can not in any case be considered as being responsible in case of
disagreement, errors, non-performance, or conflicts which could arise
between the client and the distributor.



5. Guaranties
1. You use and navigate on this site at your own risk and
peril. You acknowledge and expressly accept the exclusive dispositions
hereunder.
2. THE SERVICES AND ALL THAT YOU FIND ON THE PRESENT SITE 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 MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
3. NESPRESSO DOES NOT GUARANTEE THAT THIS SITE AND THE SERVICES MADE
AVAILABLE ON IT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE
INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
4. ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER
DURING THE USE OF THIS SITE OR THE SERVICES IT MAKES AVAILABLE ARE AT
YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage
or virus which could affect your computer equipment by reason of your
use of access to or downloading of any material from this site.
5. Any advise or information, be it oral or written, obtained from
Nespresso or during the use of the services made available on this
site, shall not give rise to any guarantees which are not expressly
provided for in the present terms of use.



6. Limitation of Liability
1. YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE REGULATIONS, NESPRESSO MAY NOT 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 THE USE OR ON THE CONTRARY THE IMPOSSIBILITY TO USE THE SITE OR
THE SERVICES MADE AVAILABLE ON IT.
2. The user accepts to discharge, release, and hold harmless Nespresso,
its affiliates, directory, agents and employees from all liability for
any damages resulting from the use of its site, regardless of the cause
of the damages. Nespresso offers simple technical means to put clients
and distributors into contact with one another and can not be held
liable for any acts of the users of this site.
3. Without limiting the extent of the other provisions of the present
terms of use, the liability of Nespresso, if it were to be established,
regardless of the cause or the nature of the action, can not exceed,
all damages included, an amount equal to that paid by the user for the
services offered by Nespresso on the present site.
4. Without limiting the extent of the other provisions of the present
terms of use, Nespresso can not be held liable, be it in tort or in
contract, for any damages arising out of a case of force majeure,
events outside its control, or acts of third parties or of the victim
of the damage. The user acknowledges that events outside the control of
Nespresso include breakdowns and technical problems concerning
hardware, software, computer programs and the Internet, including but
not limited to interruptions, suspensions or termination of service.
The user acknowledges that Nespresso can not be held liable for damages
related to these problems.



7. Modification of Services
Nespresso reserves the right, without indemnity, notice and
at any time, to modify or suspend, temporarily or permanently, all or a
part of the services made available on the present site. The user
acknowledges that Nespresso may not be held responsible for any
possible damage in case of a modification or suspension of the
services.



8. Intellectual Property Rights

1. The user acknowledges and agrees that the content of the site and
namely but not exclusively the texts, marks, logos, diagrams,
photographs, videos, sounds, music, layout, computer programs, and
designs are the property of Nespresso or its affiliated companies or
are used with the authorization of the owners and accordingly are
protected by copyright, trademarks, patents and all other intellectual
or industrial property right which exist under applicable law.
2. The user can in no case use the content of this site for any purpose
other than private and non-commercial. Any other use, including the
reproduction, modification, distribution, transmission or broadcasting
of elements of this site, is strictly forbidden. No element of this
site can be interpreted as granting a license or a right of use in
relation to the marks or any other element present on this site.



9. Links
1. The present site contains automatic links to the sites
of distributors and may contain hypertext links leading to other
Internet sites. Nespresso can not be considered as responsible for
these sites and declines all responsibility in relation to their
content, accuracy or functions.
2. The creation of any hyperlink to the present site is prohibited
without the prior written consent of Nespresso.



10. Miscellaneous
1. The present conditions of use embodies the entire
agreement concluded between Nespresso and the user concerning the use
of this site and the services made available on it and replaces and
annuls any prior agreement between them concerning this subject matter.
2. The fact that Nespresso tolerates a violation by the user of one of
the obligations set out in the present terms of use or does not enforce
a right attributed to it thereunder shall not be construed as a waiver
by it to invoke and enforce its rights.
3. In the event that any provision of the present conditions of use is
considered to be illegal by a law or regulation, existing or future, or
by a court ruling, then that provision shall be considered as stricken,
all other provisions of the terms of use maintaining full force and
effect amongst the parties.
4. Nespresso reserves the right to modify the present terms of use. Any
modification shall be communicated to the user by means of electronic
mail. In case of acceptance by the user of the modifications to the
terms of use, the new clauses shall govern all the relations between
Nespresso and the user.
5. The headings of the articles of the present terms of use are for
convenience alone and shall not alter or modify the terms in any
manner.



11. Applicable Law and Forum
1. The present terms of use as well as the different
relations between Nespresso and the users with respect to the site
shall be governed by Swiss law.
2. In case of dispute or litigation, the parties accept to submit
themselves to the exclusive jurisdiction of the competent court in
Lausanne, Switzerland.

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