Legal information

• Term 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 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
  4.1 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 (link). Nespresso invites you to read such Privacy Policy carefully before providing us with any such 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 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.
  5.4 Any advise or information, be it oral or written, obtained from Nespresso or during the use of services made available on the Sites, 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 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. 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.

• Privacy Policy

  SCOPE OF THIS NOTICE

  Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your Personal Data and how we will treat it.
  This Notice explains how your Personal Data is collected, used, and disclosed by Nespresso entities (“Nespresso”, “We”, Us”). It also tells you how you can access and update your Personal Data and make certain choices about how your Personal Data are used.
  This Notice covers both our online and offline data collection activities, including Personal Data that We collect through our various channels such as websites, apps, third party social networks, Customer Relationship Centers, Boutiques, points of sales and events. Please note that We combine Personal Data that We collect via one method (e.g. a Nespresso website) with Personal Data that We collect via another method (e.g. a Nespresso offline event). As part of this, We combine Personal Data that were originally collected by different Nespresso entities. Please see Section 8 for further information on how to object to this.

  If you fail to provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), We may not be able to provide you with our goods and/or services. This Notice can change from time to time (see Section 10).

  This Notice provides important information in the following areas:

  1. SOURCES OF PERSONAL DATA
  2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
  3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
  4. USES MADE OF YOUR PERSONAL DATA
  5. DISCLOSURE OF YOUR PERSONAL DATA
  6. RETENTION OF PERSONAL DATA
  7. STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
  8. ACCESS TO YOUR PERSONAL DATA
  9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
  10. CHANGES TO OUR NOTICE
  11. HOW TO MAKE A COMPLAINT AND HOW COMPLAINTS WILL BE HANDLED.

  1. SOURCES OF PERSONAL DATA This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:
  Nespresso websites. Consumer-directed websites operated by or for Nespresso, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook (“Websites”).
  Nespresso mobile sites/apps. Consumer-directed mobile sites or applications operated by or for Nespresso, such as smartphone apps. E-mail, text and other electronic messages. Electronic communications between you and Nespresso.
  Nespresso CRC. Calls to our Customer Relationship Centers (“CRC”). Nespresso Boutiques. Stores managed by Nespresso.
  Offline registration forms. Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.
  Points of Sales. Demonstrators present in physical third party stores to assist you with the registering of your machine and coffee ordering.
  Data from other sources. Third party social networks (e.g. such as Facebook, Google) or market researches (if feedback not provided on an anonymous basis) or third party data aggregators engaged to provide us with additional information about our existing consumers.

  2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
  Depending on how you interact with Nespresso (online, offline, over the phone, etc.), We collect various types of information from you, as described below. Nespresso only collects information that is necessary for one or more of its business functions.
  Personal contact information. This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number
  Account login information. Any information that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
  Demographic information & interests. Any information that describes your demographic or behavioural characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. postcode/zip code), favorite products, hobbies and interests, and household or lifestyle information. Technical information about computer/mobile device. Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a Nespresso website or app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.
  Websites/communication usage information. As you navigate through and interact with our Websites or newsletters, We use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and is also collected through the use of third party tracking.
  Market research & consumer feedback. This includes information that you voluntarily share with Us about your experience of using our products and services.
  Consumer-generated content. This refers to any content that you create and then share with Us on third party social networks or by uploading it to one of our Websites or apps, including the use of third party social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, We collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
  Third party social network information. This refers to any information that you share publicly on a third party social network or 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 include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share. We receive your third party social network profile information (or parts of it) every time you download or interact with a Nespresso web application on a third party social network such as Facebook, every time you use a social networking feature that is integrated within a Nespresso site (such as Facebook Connect) or every time you interact with Us through a third party social network. To learn more about how your information from a third party social network is obtained by Nespresso, or to opt-out of sharing such social network information, please visit the website of the relevant third party social network.
  Payment and Financial information. Any information that We need in order to fulfil an order, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). In any case, We or our payment processing provider(s) handle payment and financial information in a manner compliant with applicable laws, regulations and security standards such as PCI DSS.
  Calls to CRC. Communications with a CRC will be recorded or listened into, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes). Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call.
  Children Under 15 – Nespresso 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 a parent or custodian directly.

  3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
  Cookies/Similar Technologies. Please see our Cookie Notice for detailed information on the cookies We use and the purposes for which We use them.
  Log Files. We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.
  Web Beacons. Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons will include information such as IP Address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We will use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalisation.

  4. USES MADE OF YOUR PERSONAL DATA
  The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.

  
  

  What We use your Personal Data for	Our reasons	Our legitimate interests
  Customer service. We use your Personal Data for customer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. order status, technical issue, product question/complaint, general question, etc.).	Fulfilling contractual obligations Legal obligations Our legitimate interests	Improving and developing new products and services Being more efficient
  Contests, marketing and other promotions. With your consent (where required), We use your Personal Data to provide you with information about goods or services (e.g. marketing communications or campaigns or promotions). This can be done via means such as email, ads, SMS, phone calls and postal mailings to the extent permitted by applicable laws. Some of our campaigns and promotions may be run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can opt out of marketing communications. For detailed information on how to modify your preferences about marketing communication, please see Sections 8 and 9 below. For more information about our contests and other promotions that we may conduct from time to time, please see the official rules or details posted with each contest/promotion.	With your consent (where required) Fulfilling contractual obligations Our legitimate interests	Working out which of our products and services may interest you and telling you about them Defining types of customers for new products or services
  Third party social networks: We use your Personal Data when you interact with third party social networking features, such as “Like” functions to serve you with advertisements and engage with you on third party social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third party social networks.	With your consent (where required) Our legitimate interests	Working out which of our products and services may interest you and telling you about them Defining types of customers for new products or services
  Personalisation (offline and online). With your consent (where required), We use your Personal Data (i) to analyse your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalise your experience on our Websites and apps; (iv) to ensure that content from our Websites/apps is optimised for you and for your computer or device; (v) to provide you with targeted advertising and content, and (vi) to allow you to participate in interactive features, when you choose to do so. For example, We may remember your login ID/email address or screen name so that you can quickly login the next time you visit our site or so that you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, and with your consent (where required), We also show you specific Nespresso content or promotions that are tailored to your interests. The use of your Personal Data is voluntary, which means that you can oppose the processing of your Personal Data for this purpose. For detailed information on how to opt-out please refer to Section 8 below.
  Order fulfillment. We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain Personal Data and payment information.	Fulfilling contractual obligations With your consent (where required) Legal obligations Our legitimate interests	Improving and developing new products and services Being more efficient Protect our assets and staff
  Other general purposes (e.g. internal or market research, analytic, security). In accordance with applicable laws, We use your Personal Data for other general business purposes, such as conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, should you have Club Member accounts, to reconcile those accounts into one single account. We also use your Personal Data to ensure our security.
  Legal reasons or merger/acquisition. In the event that Nespresso or its assets are acquired by, or merged with, another company including through bankruptcy, we will share your Personal Data with any of our legal successors. We will also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.	Legal obligations Our legitimate interests	Compliance with legal obligations Protect our assets and staff

  5. DISCLOSURE OF YOUR PERSONAL DATA
  We share your Personal Data with the following types of third party organisation:
  Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, payment processing, fraud detection and identity verification, website operation, market research companies, support services, promotions, website development, data analysis, CRC, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they’ve been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure.
  Credit reporting agencies/debt collectors. To the extent permitted by applicable law, credit reporting agencies and debt collectors are external companies that We may use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.
  Third party companies using Personal Data for their own marketing purposes. Except in situations where you have given your consent, We do not license or sell your Personal Data to third party companies for their own marketing purposes.
  Third party recipients using Personal Data for legal reasons or due to merger/acquisition. We will disclose your Personal Data to third parties for legal reasons or in the context of an acquisition or a merger (see Section 4 for details).

  6. RETENTION OF YOUR PERSONAL DATA
  In accordance with applicable laws, We will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected (as described in Section 4 above) or to comply with applicable legal requirements.
  Personal data used to provide you with a personalized experience (see Section 4 above for details) will be kept for a duration permitted by applicable laws

  7. DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
  We use a variety of reasonable measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as third party social networks.
  People who can access your Personal Data. Your Personal Data will be processed by our authorised staff or agents, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of customer care matters will have access to your customer record).
  Measures taken in operating environments. We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorised access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your Personal Data, We cannot guarantee the security of the data during transmission to us.
  Measures We expect you to take. It is important that you also play a role in keeping your Personal Data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls We provide you in our Website/app.
  Transfer of your Personal Data. The storage as well as the processing of your Personal Data as described above require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence, notably Switzerland and Luxembourg.

  8. ACCESS TO YOUR PERSONAL DATA
  Access to Personal Data. You can request access to the personal information Nestlé holds about you by contacting the Nestlé Privacy Officer in writing by sending an email at Privacy.Officer@au.nestle.com or by sending a letter to The Privacy Officer, Nestlé Australia Ltd, Building D, 1 Homebush Bay Drive, Rhodes, NSW 2138. If the personal information held about you is inaccurate, incomplete or not up to date you may request that Nestlé correct the information.
  Additional rights (e.g. modification, deletion of Personal Data). Where provided by law, you can (i) request deletion, correction or revision of your Personal Data; (iii) limit the use and disclosure of your Personal Data; and (iv) revoke consent to any of our data processing activities.
  Please note that, in certain circumstances, We will not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.
  Where available, our Websites have a dedicated feature through which you can review and edit the Personal Data that you have provided. Please note that We require our registered consumers to verify their identity (e.g. login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorised access to your account.

  9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
  We strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:
  Cookies/Similar Technologies. You manage your consent via your browser so as to refuse all or some cookies/similar technologies, or to alert you when they are being used. Please see Section 3 above.
  Advertising, marketing and promotions. If you wish to have your Personal Data used by Nespresso to promote its products or services, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique representatives. If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. To opt-out of marketing communications sent by any medium, including third party social networks, you can opt-out at any time by logging into the Websites/apps or third party social networks and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC. Please note that, even if you opt-out from receiving marketing communications, you will still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important non marketing related announcements.
  Interest Based Advertising. We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve advertising on behalf of Us and other non-affiliated companies on the Internet. Some of those advertisements are tailored to your interests based on information collected on Nespresso sites or on non-affiliated websites over time. You can visit www.youronlinechoices.com.au for more information. You can also stop the collection of precise location data from a mobile device by accessing your device location service settings.

  10. CHANGES TO OUR NOTICE
  If We change the way We handle your Personal Data, We will update this Notice. We reserve the right to make changes to our practices and this Notice at any time, please check back frequently to see any updates or changes to our Notice.

  11. 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 in writing by sending an email to Privacy.Officer@au.nestle.com or by post to Nestlé Australia Ltd, Building D, 1 Homebush Bay Drive, Rhodes, NSW 2138 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.

  Updated: September 2019

• Conditions of Sale
  1. DEFINITIONS
  1.1 In these terms: (a) Goods means goods provided by Nespresso Professional to you from time to time; (b) Nespresso means Nestlé Australia Ltd ABN 77 000 011 316 trading as Nespresso Professional of Level 4, 201 Miller Street, North Sydney, New South Wales: and (c) Services means services provided by Nespresso to you from time to time.
  
  2. GOVERNING TERMS
  2.1 These terms: (a) govern your membership of Nespresso and the provision of Goods and Services; (b) may be altered 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/pro and (c) apply to the exclusion of any other terms contained in any other document, unless otherwise agreed in writing between Nespresso and you.
  
  3. NESPRESSO MEMBERSHIP
  3.1 When Nespresso accepts your first order for Goods, you automatically become a member of Nespresso. 3.2 Your Nespresso membership number appears on your first invoice. 3.3 Your Nespresso membership entitles you to the provision of Services. 3.4 Your Nespresso membership is not transferable. 3.5 You are responsible for ensuring that your contact details with Nespresso remain up to date.
  
  4. ORDERS
  4.1 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/pro; or (d) in person. 4.2 When ordering Nespresso Professional capsules, each order must be in multiples of 30 capsules for tubes, or 50 capsules for boxes, and may be in any combination of capsules or blends. 4.3 All orders are subject to availability of stock and minimum / maximum quantities as Nespresso decides from time to time. 4.4 Nespresso reserves the right to refuse orders whether whole or in part in its absolute discretion.
  
  5. Returns
  5.1 You may return any merchandise that does not suit you within seven days after receipt of the order. 5.2 You must verify the quantity and quality of goods upon delivery and if any of the goods are faulty, you must notify Nespresso within seven days of receipt. Otherwise you will be deemed to have accepted the order. 5.3 You agree to promptly return goods not accepted by you to Nespresso. 5.4 Nespresso will only accept returns of not used merchandise in their original condition and packaging accompanied by the invoice. 5.5 When returns are properly completed, Nespresso will reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon receipt of the returned merchandise.
  
  6. DELIVERY AND RECEIPT
  6.1 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 any late delivery. 6.2 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. 6.3 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.
  
  7. PAYMENT AND INTEREST
  7.1 Nespresso may change the price of Goods and Services from time to time without notice to you. 7.2 You will 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.7.3 Except where Goods or Services are paid for prior to receipt of Goods or provision of Services, invoices are payable on or before receipt of Goods or provision of Services. 7.4 You will pay Nespresso any GST payable for the provision of the Goods and Services.7.5 Nespresso reserves the right to charge interest on overdue payments at the interest rate for overdrafts of $100,000 or more charged by the Commonwealth Bank of Australia plus 2%, calculated on daily rates from the due date to the date of payment. 7.6 You are responsible for all duties, taxes and clearance charges that may be levied once the merchandise reaches your country.
  
  8. TITLE AND RISK
  8.1 Title in Goods passes to you on payment in full for them. 8.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 5.3 in which case risk passes when the Goods leave Nespresso's premises. 8.3 You acknowledge that these terms and conditions of sale constitute a Security Agreement as defined by the Personal Property Securities Act 2009 ("PPSA"). For the purposes of the PPSA, Collateral shall include all and any Goods supplied by Nespresso to you and the proceeds thereof. You agree to give Nespresso a security interest in all of your present and after-acquired property that Nespresso has supplied and not to allow any person to file a finance statement over any of the Collateral secured by this Security Agreement without the prior written consent 8.4 Nespresso is not obliged, before exercising a right under this Contract or conferred by law, to give you any notice or demand, or allow a lapse of time, that is required by law unless the notice, demand or lapse of time cannot be excluded. A reference to a notice under this clause includes any notice under the PPSA.
  
  9. EXCLUSIONS AND LIMITATIONS
  9.1 To the extent permitted by law, Nespresso's only liability is as expressly stated in this agreement and all other guarantees, warranties and conditions are excluded. 9.2 To the extent permitted by law, Nespresso's liability: (a) under this agreement; and (b) as a result of a consumer guarantee implied under the Australian Consumer Law or any other warranty or condition implied by legislation, is limited to, in the case of Goods, supplying the Goods again or paying the cost of having them supplied again and, in the case of Services, supplying the Services again or paying the cost of having them supplied again. 9.3 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.
  
  10. FORCE MAJEURE
  10.1 Neither Nespresso nor you shall be liable to the other for any breach or failure to perform any of its obligations where such breach or failure is caused by anything beyond that person's reasonable control including national disaster, national emergency, Act of God or government regulation.
  
  11. INDEMNITY
  11.1 You indemnify Nespresso against all damages, losses, costs and expenses incurred by Nespresso arising out of: (a) any breach by you of these terms; and (b) any injury to or death of any person, arising from the performance of your obligations or the exercise of your rights under these terms, including the use of any Goods.
  
  12. GOVERNING LAW
  12.1 These terms are governed by and must be construed in accordance with the laws of New South Wales. Nespresso and you submit to the non-exclusive jurisdiction of the courts of New South Wales.
  
  13. CONFIDENTIALITY & DATA PROTECTION
  13.1 The Customer agrees to the fact that Nespresso can activate the M2M (Machine to Machine) technology equipping the machine in order to improve the after sales process by automatically communicating machine troubleshooting / diagnostics to the Customer Relationship Centre (depending on country requirements and specifics).
  
  Data Sharing - Only applicable for a Nespresso Momento machine
  The Nespresso Momento machine can collect usage statistics and send them to Nespresso Professional (or Nespresso authorised distributors) to allow improvement of the product and service quality. Those usage statistics include but are not limited to consumption and other notable machine usage events such as technical malfunctions and cleaning notifications. The Nespresso Momento machine does not share any data which contains information that would enable Nespresso Professional to identify a person.
  
  Remote Software Update - Only applicable for a Nespresso Momento machine
  The Nespresso Momento machine includes telemetry, through which Nespresso will update the machine software remotely.
  
  The Nespresso Momento machine is designed to brew only genuine Nespresso capsules. Nespresso Professional reserves the right to investigate machine usage to determine whether a defect or dysfunction is as a result of the use of alternative capsules. Where it is proven that this is the case, such defects or dysfunctions resulting from the use of alternative capsules will not be covered by the warranty.
  
  14. INTELLECTUAL PROPERTY
  14.1 You acknowledge and agree that Nespresso is and remains the owner of all copyright, designs, patents and trademarks (Intellectual Property) used on or in relation to the products and advertising materials supplied in connection with such products. You must not use Nespresso's Intellectual Property without Nespresso's prior written consent.
  
  
• Company Registration

  Nespresso Australia a division of Nestlé Australia Ltd
  ABN 77 000 011 316
  at Level 4, 201 Miller Street, North Sydney 2060, Australia

• Cookies Notice

  This cookie notice applies to all Nespresso websites and mobile applications (“Nestlé Sites”).

  1. What are cookies?
  Cookies are text files that are placed on your computer by websites that you visit. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. They are used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website.
  We use the term "cookies" throughout this notice to also cover all similar technologies, such as web beacons SDK, log files, pixel tags.

  2. What types of cookies are used on Nestlé Sites?
  We use the following types of cookies on Nestlé Sites:
  

  Cookie Categories	Lifespan
  a) Site functionality cookies These cookies allow you to navigate the site and use our features, such as registration, logging in and product favourites. If you disable these cookies certain parts of the website will not function for you, for example, adding items to your basket, proceeding to checkout.	As long as necessary
  b) Site analytics cookies These cookies allow us to measure and analyse how you use our websites, apps and mobile platforms, to improve both its functionality and your experience.	90 days
  c) Customer preference cookies When you are browsing on our sites, these cookies will remember your preferences (like your language or location), and other information you choose to provide to us, so we can help tailor your experience and make it more relevant and personal to you.	90 days
  d) Advertising or targeting cookies These cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. We may also use the information obtained via these cookies to serve you with advertising that may be of interest to you based on your past online behaviour. We may share this information with other parties, including our partners.	90 days
  e) Social media cookies These cookies are used when you share information using a social media sharing button on a Nestle Site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.	90 days

  
  

  3. Manage your cookie preferences
  You do not need to allow cookies to use or navigate through many parts of Nestlé Sites, although you may not have access to all the features on Nestlé Sites if you do not accept cookies. You should ensure that your device settings reflect your cookies preferences. You can also set your browser to warn you before accepting cookies or you set it to refuse them.

  4. For more information about targeting and advertising cookies, visit Your Online Choices: www.youronlinechoices.com.au

  5. We reserve the right to make any changes and corrections to this Notice. Please refer to this page from time to time to review these and new additional information. We will place updates on Nestlé Sites and, where appropriate, we will notify of any changes by email.

  6. Privacy Policy
  For further information about how your data is used, please see our Privacy Notice above.

  This notice was last updated November 2019.

• Service Package Agreement

  This Nespresso Service Package Agreement (this “Agreement”) is made as of the “Nespresso acceptance date” specified below, by and between Nestlé Australia Ltd ABN 77 000 011 316 trading as Nespresso Professional of Level 4, 201 Miller Street, North Sydney, New South Wales and the “Customer”, company name above.

  1. Program
  This Agreement establishes the terms under which Nespresso will provide customer with during and post-warranty repairs and services (the “Service Package”) for the one or more Nespresso machines listed above (each a “Covered Machine”).

  2. Coverage Period
  Nespresso will provide the repairs and services more particularly described below, for each Covered Machine, beginning on the “Nespresso acceptance date” appearing next to Nespresso’s authorising signature, and ending on the first anniversary of the Nespresso acceptance date (the “Coverage Period”). Thereafter the Coverage Period will be extended for additional one-year periods, unless either party provides the other party with notice of non- renewal at least thirty (30) days prior to the end of the then-current Coverage Period. In the case of more than one Covered Machine, either party may provide a notice specifying that the non-renewal shall only apply to one or more specified Covered Machines, in which case this Agreement will continue for each remaining Covered Machine.

  3. Annual Fee
  Customer shall pay Nespresso the “Annual Fee” listed above, for the respective Covered Machine, for the respective Service Package, for each year of a Coverage Period. The initial Annual Fee is due within thirty (30) days from the date of customer signing this agreement. Subsequent Annual Fees, if applicable, are due thirty (30) days prior to the start of the next one-year coverage period.

  4. Invoicing
  The Annual Fee is due and payable irrespective of whether Nespresso issues invoices. If Nespresso invoices Customer for the Annual Fee, then the Annual Fee will be due and payable in accordance with the terms of the invoice, provided that the invoice is consistent with clause 3 and the other terms of this Agreement.

  5. Covered Services and Repairs
  During the Coverage Period, Nespresso will, directly or through a Nespresso designated service provider provide the following services as part of the Service Package, with respect to each Covered Machine:
  5.1 During and after the one or two year manufacturer’s warranty (depending on the Covered Machine), for an Annual Fee, our after sales repair and services will include; parts and labour, free descaling kits and tablets (“Descaling Products”), any repairs necessary as a result of reasonable use or normal wear and tear from proper usage, and any repairs for accidental damage to the Covered Machine caused by the Customer’s employees or visitors. This includes not imposing any additional fees or charges for the necessary parts, or time incurred to perform the repair work.
  5.2 If the Covered Machine is an Aguila, Nespresso will provide one (1) annual preventative maintenance, at the Nespresso recommended intervals.
  5.3 If the Covered Machine is a Nespresso Momento Coffee, Nespresso will provide preventative maintenance at the Nespresso recommended intervals, as indicated by the machine.

  6. Use of the Covered Machine
  The Customer shall take good care of the Covered Machine and always keep it in good order and condition. The Customer shall maintain the Covered Machine according to the service manual, and duly clean and descale it using the original Nespresso Descaling Products. The Covered Machine must be descaled once every three months, or daily for Aguila machines, using only Nespresso’ s Descaling Products which shall be provided by Nespresso. The amount of Descaling Products provided free of charge as part of the Service Package will be based on the number of capsules the machine consumes in line with the recommended descaling frequency by Nespresso. The number of Descaling Products provided is not unlimited.

  7. Repair service procedures
  If the Customer believes the Covered Machine is malfunctioning, the Customer will need to contact Nespresso on 1800 182 206 or through the Nespresso Professional website at www.Nespresso.com/pro for machine troubleshooting, after which a repair service booking for the Covered Machine will be arranged if required.

  8. Program exclusion
  The Customer shall assure that the Covered Machine is not misused, damaged, or subject to risk of harm. The Customer shall be responsible for any risk of loss, damage, destruction, theft or any other diminution in value and shall bear the risk of loss, theft, destruction, or damage, such as those caused by theft, fire, water, etc. being understood that it shall have no liability for damages arising from reasonable use or ordinary wear and tear. The program services provided hereunder do not include any repair or other service required to resolve problems resulting from and of the following (collectively the “Program Exclusions”), and Nespresso reserves the right to charge the Customer at its standard rates for any repair or other services to resolve problems caused by circumstances within the scope of the Program Exclusions:
  8.1 Negligent or improper use of the Covered Machine.
  8.2 Customer’s failure to perform daily cleaning and maintenance of the Covered Machine in accordance with the applicable Nespresso product manual.
  8.3 Use of the Covered Machine with other than Nespresso capsules or with any parts not supplied and installed by Nespresso.
  8.4 Maintenance or servicing of the Covered Machine by anyone other than Nespresso.
  8.5 Any damage to the Covered Machine other than as may result from reasonable use or ordinary wear and tear.
  The benefits to the Customer given by the Service Packages in this Agreement are in addition to other rights and remedies available to the Customer under law in relation to the Covered Machine to which this Service Package relates. Nespresso’s Machine comes with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Covered Machine repaired or replaced if the Nespresso Machine fails to be of acceptable quality and the failure does not amount to a major failure.

  9. Termination
  9.1 Either party may terminate this agreement by notice to the other party, on account of a material breach by that other party, which is not cured within thirty (30) days’ notice of breach. Either party may terminate this agreement immediately by notice to the other party, if the other party suspends business, makes an assignment for the benefit of creditors, becomes insolvent, is the debtor in any federal court bankruptcy case, or is the subject of a receivership.
  9.2 If the Annual Fee has been provided by the Customer and this Agreement is terminated during the Coverage Period, Nespresso will refund the Customer the pro rata portion of the Annual Fee.

  10. End of life or Beyond Economic Repair
  Machine life will depend on usage, water hardness, cleaning, care and age. Should the Covered Machine reach “End of life” or be deemed “Beyond Economic Repair” i.e. the cost of repair exceeds the value of the product you will be contacted by Nespresso to discuss alternative options/solutions.

  11. Exclusions and Limitations
  11.1 To the extent permitted by law, Nespresso’s only liability is as expressly stated in this agreement and all other guarantees, warranties and conditions are excluded.
  11.2 To the extent permitted by law, Nespresso’s liability: (a) under this agreement; and (b) as a result of a consumer guarantee implied under the Australian Consumer Law or any other warranty or condition implied by legislation, is limited to, in the case of goods, supplying the goods again or paying the cost of having them supplied again and, in the case of services, supplying the services again or paying the cost of having them supplied again.
  11.3 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. Indemnity
  You indemnify Nespresso against all damages, losses, costs and expenses incurred by Nespresso arising out of: (a) any breach by you of these terms; and (b) any injury to or death of any person, arising from the performance of your obligations or the exercise of your rights under these terms, including the use of any Covered Machine.

  13. Confidentiality & Data Protection
  13.1 Each party acknowledges and agrees that any and all information of confidential nature regarding the other party including business strategy, service offerings, plans, projections, trade secrets, and other financial and non-financial information, whether disclosed orally, in writing or by any other means, shall be kept confidential and not be disclosed to any third party at any time during the term of this Agreement.
  13.2 The Customer agrees to the fact that the Nespresso Momento machine can collect usage statistics and send them to Nespresso or Nespresso authorised distributors to allow Nespresso to improve its product and service quality. The usage statistics include brewing and other notable machine usage events that are not personal in nature.

  14. Intellectual Property
  You acknowledge and agree that Nespresso is and remains the owner of all copyright, designs, patents and trademarks (“Intellectual Property”) used on or in relation to the products and advertising materials supplied in connection with such products. You must not use Nespresso’s Intellectual Property without Nespresso’s prior written consent.

  15. Notices
  Any notices will be deemed to have been given if in writing and sent to the address for notices set forth in the signature block of this agreement, by either delivering it to the address of the addressee, or by sending it by pre-paid registered post to the address of the addressee, or by sending it by email to the email address of the addressee. Either party may designate a different address for receipt of notices. Alternatively notice may be delivered using an e-signature tool, requiring confirmation of receipt.

  16. Assignment
  Neither this Agreement, nor any right, interest, duty nor obligation hereunder may be assigned, transferred or delegated by Customer without the express written consent of Nespresso, which may withhold its consent in its sole discretion.

  17. Governing law
  These terms are governed by and must be construed in accordance with the laws of New South Wales. Nespresso and the Customer submit to the non-exclusive jurisdiction of the courts of New South Wales.

  18. Counterparts
  This agreement is enforceable when signed by Customer and Nespresso and may be signed in counterparts. Signatures sent electronically (facsimile or scanned and sent via email) will be deemed original signatures. This Agreement may be executed by ink signature, or by electronic signature tool.

  19. Entire agreement; modification
  This Agreement, and anything attached to or incorporated into it, constitutes the final, complete, and entire agreement between the parties respecting its subject matter. Any changes to this Agreement will only be binding on a party if approved in writing by an authorized representative of that party, and which specifically states that such writing constitutes an amendment to this agreement. No invoice, purchase order, acceptance or other sales document shall alter the terms of this Agreement.

  20. Force Majeure:
  Neither party shall be liable for any failure to perform or delay in performance of any of its obligations under this Agreement caused by circumstances beyond the reasonable control of that party, including but not limited to adverse weather conditions, natural disasters, fires, floods, explosions, earthquakes, nuclear disasters, insurrection, riots, acts of terrorism, war, epidemic, or pandemic and acts of Government (a “Force Majeure Event”). In the event of a Force Majeure Event, the affected party's performance under this Agreement shall be suspended for 30 days. If the Force Majeure Event continues for more than 30 consecutive days, the unaffected party may terminate this Agreement with immediate effect upon giving written notice pursuant to the affected party to that effect.

• Subscription: General Terms and Conditions of Sale

  RECITALS
  

  Whereas, Nespresso is the owner of certain Nespresso Professional coffee machines designed specifically for high volume use in offices, hotels, restaurants, bars and other catering outlets (the “Nespresso Machine”) or (Nespresso Horeca Machine); Whereas, Nespresso is a supplier of Nespresso Professional coffee capsules (the “Nespresso Capsules”); Whereas, Nespresso wishes to place the Nespresso Machine in Customer’s premises set forth above (the “Location”); Whereas, as part of its approach to facilitate the accessibility of Nespresso Professional solutions to its customers, Nespresso offers a subscription service (“the Subscription”) based on the provision of a Nespresso Machine and after sales-repair and services (the “Service”) ; Whereas, the Customer agrees to keep and maintain the Nespresso Machine only at the Location and agrees to comply with all other terms and conditions set forth below. NOW THEREFORE, the parties agree to the following terms and conditions:

  1. PLACEMENT OF THE MACHINE
  1.1. Nespresso shall place at the Location the Nespresso Machine(s): 1.2. Nespresso shall place the Nespresso Machine as temporary loan at the Location, subject to the terms and conditions of this Subscription Agreement. 1.3. The Customer shall maintain the Nespresso Machine solely at the Location and shall not move it from the Location without the prior written consent of Nespresso. 1.4. If at any time Nespresso delivers additional equipment to the Customer, such additional equipment shall be subject to the terms and conditions of this Subscription Agreement unless specifically agreed by the parties in writing.1.5. The Customer will pay Nespresso any GST payable for the provision of the Nespresso Machine(s) and Service. 1.6. Nespresso has the right to replace the Nespresso Machine placed at the Location at any time against a comparable machine.

  2. MONTHLY MINIMUM Nespresso CAPSULE ORDERS.
  2.1. The Customer agrees here by to purchase from Nespresso a minimum monthly amount of Nespresso Capsules (The “Monthly Minimum Capsule Purchase”). 2.2. The Monthly Minimum Capsule Purchase for machine Aguila 440 is 2,500 capsules, the Monthly Minimum Capsule Purchase for machine Aguila 220 is 1,800 capsules, the Monthly Minimum Capsule Purchase for machine Gemini CS223 is 450 capsules, the Monthly Minimum Capsule Purchase for Nespresso Momento Coffee & Milk is 500 capsules, the Monthly Minimum Capsule Purchase for machine Nespresso Momento Coffee is 350 capsules, the Monthly Minimum Capsule Purchase for machine Nespresso Momento Coffee & CS20 is 350 capsules, the Monthly Minimum Capsule Purchase for machine Nespresso Momento Coffee & Steamer is 350 capsules, the Monthly Minimum Capsule Purchase for machine Zenius & CS20 is 200 capsules, and the Monthly Minimum Capsule Purchase for machine Zenius is 150 capsules. 2.3. Upon signature of this Subscription Agreement, the Customer must set up a Nespresso Capsule ongoing “Recurring Order” in accordance with the Monthly Minimum Capsule Purchase requirement. The Customer must inform Nespresso about the number of Nespresso Capsules, up to or exceeding the Monthly Minimum Capsule Purchase requirement. 2.4. The Customer may change coffee varieties, increase Recurring Orders, or make additional orders any time by (a) calling Nespresso or (b) ordering online on the Australian pages of the website at www.Nespresso.com/pro . 2.5. Nespresso will regularly assess the Customer’s purchases to ensure that the Customer’s orders are in line with the Monthly Minimum Capsule Purchase requirement. 2.6. If Nespresso determines that the Customers actual Nespresso Capsule purchases from Nespresso are below the aggregate Monthly Minimum Capsule Purchase requirement, it may invoice the Customer a compensatory amount. 2.7. Such compensatory amount shall be calculated by multiplying by half of the Nespresso Capsule current price, the difference between the aggregate Monthly Minimum Capsule Purchase requirement and the Customer’s actual Nespresso Capsule purchases during the assessed period. 2.8. Nespresso reserves the right to change the Nespresso Capsule pricing at any time without prior notice Capsule pricing at any time without prior notice.

  3. OWNERSHIP OF THE Nespresso MACHINE PLACED AT THE LOCATION
  3.1. The Nespresso Machine placed at the Location remains the exclusive property of Nespresso during the entire term and after expiry of this Subscription Agreement. 3.2. The Customer shall not create nor permit any lien, security interest, or other encumbrance of any nature, whether voluntary or involuntary, to attach to the Nespresso Machine apart from protecting the Nespresso’s title to and interest in the Nespresso Machine (Nespresso’s Interest). If any such encumbrance attaches to the Nespresso Machine, the Customer shall immediately cause such encumbrance to be discharged. The Customer will, at its own cost, promptly do all things which Nespresso requires, in order to: (a) Protect Nespresso’s Interest; (b) Execute any document necessary and file a precautionary registration statement with an applicable government office, giving public notice to the Nespresso’s Interest; and (c) Ensure that the Nespresso Machine is and at all times remains free of any security interest other than a security interest in favour of Nestlé; 3.3. You acknowledge that these terms and conditions of sale constitute a Security Agreement as defined by the Personal Property Securities Act 2009 (“PPSA”). For the purposes of the PPSA, Collateral shall include all and any Goods supplied by Nespresso to you and the proceeds thereof. You agree to give Nespresso a security interest in all of your present and after-acquired property that Nespresso has supplied and not to allow any person to file a finance statement over any of the Collateral secured by this Security Agreement without the prior written consent of Nespresso. 3.4. Nespresso is not obliged, before exercising a right under this Agreement or conferred by law, to give you any notice or demand, or allow a lapse of time, that is required by law unless the notice, demand or lapse of time cannot be excluded. A reference to a notice under this clause includes any notice under the PPSA. 3.5. The Customer shall take no action whatsoever that is inconsistent with the ownership of Nespresso of the Nespresso Machine. The Customer undertakes to advice in a possible insolvency / bankruptcy or liquidation expressly that the Nespresso Machine is the property of Nespresso. If it should come to the seizing of property, the Customer shall immediately inform Nespresso.

  4. MONTHLY FEE
  4.1. As part of the Subscription Agreement, the Customer agrees to pay a monthly fee, which covers the Nespresso Machine, and the Service Fee, (collectively the “Machine and Service Fee”) as well as the Nespresso Capsule fee based on the ongoing Recurring Order (“Recurring Order Fee”). 4.2. The Customer will receive an invoice for the Machine and Service Fee, and a Recurring Order Fee. 4.3. Payment of the Machine and Service Fee, and Recurring Order Fee will be due within thirty (30) days of the date of each invoice. 4.4. Nespresso reserves the right to charge interest on overdue payments at the interest rate for overdrafts of $100,000 or more charged by the Commonwealth Bank of Australia plus 2%, calculated on daily rates from the due date to the date of payment.

  5. COVERED SERVICES AND REPAIRS
  5.1. During the Subscription, Nespresso will, directly or through a Nespresso designated service provider provide the following services as part of the Subscription Agreement, with respect to each Nespresso Machine: (a) during and after the one or two year manufacturer’s warranty (depending on the Machine), provide after sales repair and services that will include; (i) parts and labour, and (ii) free descaling kits and cleaning tablets (“Descaling Products”), (iii) any repairs necessary as a result of reasonable use or normal wear and tear from proper usage, and (iv) any repairs for accidental damage to the Nespresso Machine caused by the Customer’s employees or visitors. This includes not imposing any additional fees or charges for the necessary parts, or time incurred to perform the repair work. 5.2. If the Nespresso Machine is an Aguila, Nespresso will provide one (1) annual preventative maintenance, at the Nespresso recommended intervals, as indicated by the machine. 5.3. If the Nespresso Machine is a Nespresso Momento Coffee or Nespresso Momento Coffee & Milk, Nespresso will provide preventative maintenance at the Nespresso recommended intervals, as indicated by the machine.

  6. USE OF THE Nespresso MACHINE
  6.1 The Customer shall take good care of the Nespresso Machine and always keep it in good order and condition. The Customer shall maintain the Nespresso Machine according to the service manual, and duly clean and descale it using the original Nespresso Descaling Products. 6.2. If the Machine is a Zenius or Gemini it must be descaled once every three months using only the Nespresso Descaling Products which shall be provided by Nespresso. 6.3. If the Machine is a Nespresso Momento Coffee or Nespresso Momento Coffee & Milk Machine, it must be descaled at the Nespresso recommended intervals, as indicated by the Machine using only the Nespresso Descaling Products which shall be provided by Nespresso. 6.4. If the Machine is an Aguila or Nespresso Momento Coffee & Milk Machine, it must also be cleaned daily, using only the machine appropriate Nespresso cleaning tablets, which shall be provided by Nespresso. 6.5. The amount of Descaling Products provided free of charge as part of the Subscription will be based on the number of capsules the machine consumes in line with the recommended descaling frequency by Nespresso. The number of Descaling Products provided is not unlimited.

  7. REPAIR SERVICE PROCEDURES
  If the Customer believes the Nespresso Machine is malfunctioning, the Customer will need to contact Nespresso Professional on 1800 182 206 or through the Nespresso Professional website at www.Nespresso.com/pro for machine troubleshooting, after which a repair service booking for the Nespresso Machine will be arranged if required.

  8. PROGRAM EXCLUSION
  8.1. The Customer shall assure that the Nespresso Machine is not misused, damaged, or subject to risk of harm. The Customer shall be responsible for any risk of loss, damage, destruction, theft or any other diminution in value and shall bear the risk of loss, theft, destruction, or damage, such as those caused by theft, fire, water, etc. being understood that it shall have no liability for damages arising from reasonable use or ordinary wear and tear. The program services provided hereunder do not include any repair or other service required to resolve problems resulting from and of the following (collectively the “Program Exclusions”), and Nespresso reserves the right to charge the Customer at its standard rates for any repair or other services to resolve problems caused by circumstances within the scope of the Program Exclusions: (a) Negligent or improper use of the Nespresso Machine. (b) Customer’s failure to perform daily cleaning and maintenance of the Nespresso Machine in accordance with the applicable Nespresso product manual. (c) Use of the Nespresso Machine with other than Nespresso capsules or with any parts not supplied and installed by Nespresso. (d) Maintenance or servicing of the Nespresso Machine by anyone other than Nespresso. (e) Any damage to the Nespresso Machine other than as may result from reasonable use or ordinary wear and tear. 8.2. The benefits to the Customer given by the Services in this Subscription Agreement are in addition to other rights and remedies available to the Customer under law in relation to the Nespresso Machine to which this Subscription Agreement relates. Nespresso’s Machine(s) comes with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Nespresso Machine repaired or replaced if the Nespresso Machine fails to be of acceptable quality and the failure does not amount to a major failure. If you believe that the Nespresso Machine is malfunctioning, please contact Nespresso Professional on 1800 182 206 or contact us through our website www.Nespresso.com/pro.

  9. ASSIGNMENT
  Neither this Subscription Agreement, nor any right, interest, duty nor obligation hereunder may be assigned, transferred or delegated by Customer without the express written consent of Nespresso, which may withhold its consent in its sole discretion.

  10. CONDITION OF THE Nespresso MACHINE
  10.1. Nespresso reserves the right to perform, at any time during normal business hours, regular visits to the Location in order to assess the state of the Nespresso Machine. However, Nespresso has no obligation during such visits to repair, replace or maintain any part of the Nespresso Machine, regardless the cause of the damage or deterioration. 10.2. The Customer shall allow Nespresso to perform on the Nespresso Machine the work required for maintaining it in good condition.

  11. DURATION – TERMINATION
  11.1 This Subscription Agreement shall be effective for a period of time outlined in the Subscription Details from the date signed (“Initial Term”). Upon completion of such Initial Term, the Subscription Agreement will automatically be extended for an additional 12 months, unless terminated in accordance with clause 11.2.2. 11.2. Termination without Cause 11.2.1. Nespresso may terminate this Subscription Agreement without liability at any time by giving three-month prior written notice to the customer.11.2.2. The Customer may terminate this Subscription Agreement without any liability at any time after the Initial Term by giving one-month prior written notice to Nespresso. However, if the Customer terminates this Subscription Agreement before its Initial Term, it shall compensate Nespresso by paying a compensation amount computed by multiplying the Machine and Service Fee and the remaining months of the Initial Term of the Subscription Agreement.11.3. Termination by Cause 11.3.1. Either party may terminate this Subscription Agreement without liability on giving notice in writing to the other party if: (a) The other commits a material breach of any term of this Subscription Agreement and, in the case where such a breach is capable of being remedied, has failed to remedy the breach within 10 days after receipt of a request in writing from the other party to do so (failure to meet the monthly payment obligation by the Customer is considered as a material breach); or (b) the other party has a petition presented to any court for its winding up or for an administration order or if the other Party passes a resolution or suffers an order of a court to be made for its winding up, or if a receiver or administrative receiver is appointed, or if anything occurs which is analogue to any of the foregoing under the law of any jurisdiction; or (c) a controlling share of the voting stock or other ownership interest of the other party, or the other party is acquired by a third party by sale, acquisition or merger, the party sells or disposes the main operational undertaking or substantially all of its assets, or a change in the shareholding where any such change has the effect that any such new shareholder of the party has: i)The ultimate effective right or power to appoint a majority of directors; ii) The effective right or power to cast or control the casting of a majority of votes at a general meeting; iii) The beneficial ownership of a majority of shares of the party; or iv)The ability to substantially determine the conduct of the party’s business activities. 11.3.2. In case of termination by Nespresso of this Subscription Agreement due to a material breach of this Subscription Agreement by Customer, the Customer undertakes to pay Nespresso, as a non-exclusive remedy and in addition to any compensation in case of loss or damage of the Nespresso Machine, a compensation amount computed by multiplying the Machine and Service Fee with the remaining months of the Initial Term of the Subscription Agreement 11.4. Immediately upon termination of this Subscription Agreement for any reason, the Customer shall allow Nespresso to remove the Nespresso Machine from the Location. In the case of Customer’s unauthorised removal, Customer shall compensate Nespresso according to the amount above, and in addition, in case of loss or damage, according to the inventories.

  12. CONFIDENTIALITY
  12.1. Each party acknowledges and agrees that any and all information of confidential nature regarding the other party including business strategy, service offerings, plans, projections, trade secrets, and other financial and non-financial information, whether disclosed orally, in writing or by any other means, shall be kept confidential and not be disclosed to any third party at any time during the term of this Subscription Agreement or thereafter. 12.2. The Customer agrees expressly to the fact that its information/data is stored with Nespresso, for invoicing purposes and the dispatch of information to Nespresso partners is authorised. 12.3 The Customer agrees to the fact that Nespresso can activate the M2M (Machine to Machine) technology equipping the machine in order to improve the after sales process by automatically communicating machine troubleshooting / Diagnostics to the Customer Relationship Centre (depending on country requirements and specifics).

  13. DATA SHARING – Only applicable for a Nespresso Momento machine
  The Nespresso Momento machine can collect usage statistics and send them to Nespresso Professional (or Nespresso authorised distributors) to allow improvement of the product and service quality. Those usage statistics include but are not limited to consumption and other notable machine usage events such as technical malfunctions and cleaning notifications. The Nespresso Momento machine does not share any data which contains information that would enable Nespresso Professional to identify a person.

  14. REMOTE SOFTWARE UPDATE - Only applicable for a Nespresso Momento machine
  14.1. The Nespresso Momento machine includes telemetry, through which Nespresso will update the machine software remotely.
  ☐ No, I do not want my Nespresso Momento machine to use telemetry for software updates or to gather statistics
  14.3. The Nespresso Momento machine is designed to brew only genuine Nespresso capsules. 14.3 Nespresso Professional reserves the right to investigate machine usage to determine whether a defect or dysfunction is as a result of the use of alternative capsules. Where it is proven that this is the case, such defects or dysfunctions resulting from the use of alternative capsules will not be covered by the warranty.

  15. FURTHER ASSURANCES
  The parties will execute and perform all such further deeds, documents, assurances, acts and things as either of the parties here to may reasonably require by notice in writing to the other to carry the provisions of this Subscription Agreement into full force and effect.

  16. GOVERNING LAW AND JURISDICTION
  This Subscription Agreement shall be interpreted under the laws of New South Wales. Any and all legal actions relative hereto shall be in the courts of New South Wales.

  17. INTELLECTUAL PROPERTY
  You acknowledge and agree that Nespresso is and remains the owner of all copyright, designs, patents and trademarks (Intellectual Property) used on or in relation to the products and advertising materials supplied in connection with such products. You must not use Nespresso’s Intellectual Property without Nespresso’s prior written consent.