1. Acceptance of and amendment to the Terms of use
1.1 Your access and use of the websites (the “Websites”) of Nestlé Nespresso S.A. (“Nespresso“), including the subsidiaries of Nespresso, is governed by these conditions of use (the “Terms of use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reservations, these Terms of use, as subsequently amended by us.
1.2 In case of amendments to our Terms of use, a new updated version will be published on our Websites. Therefore, please consult these Terms of use from time to time so as to keep up to date on any changes.
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2. Copyright and intellectual property
2.1 The content of our Websites and specifically, 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 subsidiaries, 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 existing under applicable laws.
2.2 Except as provided for in Section 3 hereinafter, nothing contained in our Websites may be construed or interpreted as the granting of a licence or a right to use any content of our Websites.
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3. Use of the Websites
3.1 It is possible to download, display or print the content of our Websites solely for personal, non-commercial use, thus retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material downloaded. Any other use, including the reproduction, modification, distribution, transmission or disclosure of the content of the Websites, in full or in part and by any means, is strictly prohibited, except upon the prior written consent of Nespresso.
3.2 Nespresso neither guarantees nor declares that the use of any content published on its Websites will not infringe the rights of third parties.
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4. Information deemed non-confidential
4.1 Any personally identifying data and information that you may transmit via the Internet to our Websites are protected and treated in compliance with the regulations in force in your country and with our Privacy Policy. Nespresso asks you to read its Privacy Policy carefully before transmitting any personally identifying data or information.
4.2 Any other information or material transmitted to Nespresso via the Internet, e-mail or otherwise, including any data, questions, comments, suggestions, ideas, illustrations or similar materials, are and will be treated as non-confidential and non-proprietary. Any information transmitted or published will become the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, dissemination and posting. Specifically, Nespresso will be free to use any ideas, concepts, know-how or techniques contained in any such communications transmitted to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products that use this information. Any such use will not give rise to any compensation to those providing the information, nor any third parties.
4.3 By submitting information, you are guaranteeing that you own the material/content submitted, that the latter is not defamatory, and that its use by Nespresso will not violate the rights of any third parties. The use of the information provided does not entail any obligation on the part of Nespresso.
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5. Warranty disclaimer
5.1 Without prejudice to what is laid down in section 6 hereinafter, any material, information and all that you may find on the websites are provided to you “as is”, subject to their availability, and without any kind of guarantee, explicit or implied, including, among others, the implied warranty of merchantability, or fitness for any particular purpose.
5.2 Nespresso does not guarantee that its websites or their content will meet your expectations, that access will be interrupted, timely, secure and error-free.
5.3 Some jurisdictions may not allow certain limitations of warranties, thus some of the above limitations may not apply to you.
5.4 Any advice or information, be it oral or written, attained from Nespresso or during the use of the services made available on the websites, shall not give rise to any guarantees that are not explicitly provided for in these terms of use.
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6. Limitation of liability
6.1 You access, use, browse and navigate on our websites at your own risk and peril.
6.2 You acknowledge and fully accept that neither Nespresso, any of its subsidiaries nor any other party involved in the creation, production or delivery of the websites, may be held liable for any direct, indirect or consequential damages, any injury to reputation, costs, losses, drop in turnover or profits, or obligations of any nature that may result from your access to, or use of, or on the contrary the impossibility to use, the websites or their content.
6.3 All materials downloaded or obtained in any other way during the use of our websites are attained at your own risk and peril. Nespresso shall not be held liable for any damage or virus that could affect your computer equipment or any other property because of your access to, use or downloading of any material from its websites or of any illegal access or intervention in the it systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all functions of its websites. Nespresso accepts no responsibility or liability whatsoever for any discontinuance or interruption of its websites stemming from actions or omissions of Nespresso or any third party.
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7. Change of information
The content of our Websites may contain inaccurate data or errors. Nespresso reserves the right to carry out any changes, corrections and/or improvements to such content at any time without prior notice; however, it does not assume any responsibility to do so.
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8. Availability of products and services
Our Websites may contain information on the international services and products of Nespresso, although not all may be available at every location. Reference to a Nespresso product or service on the Websites does not imply its availability at your location.
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9. Links
9.1 In order to offer a service to our visitors, our Websites may contain hypertext links leading to other Websites that are not managed or controlled by Nespresso. Nespresso shall not be deemed responsible for these websites 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 the prior written consent of Nespresso.
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10. Miscellaneous
10.1 These Terms of use represent the full agreement between Nespresso and the users in relation to the access and use of the Websites and their content. Any other terms or conditions issued by Nespresso governing its relations with the users, specifically in relation to any service or purchase of product, shall complement the Terms of use; in the event of any discrepancy arising between them, different terms and conditions shall void these Terms of use.
10.2 The fact that Nespresso tolerates a breach of one of the obligations set out in these Terms of use, or does not enforce a right attributed hereunder or under the law, shall not be interpreted as a waiver by it to invoke and enforce such rights.
10.3 Should any clause of the Terms of use be deemed illegal by law or regulation in force in your country, or by a court ruling, such clause shall be regarded as invalid, whereas all other clauses of the Terms of use will retain full force and effect.
10.4 The headings of the clauses of the Terms of use have been introduced for the sake of convenience alone and shall not alter or modify these terms and conditions in any way.
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