Terms and Conditions

LAST UPDATED: 15 JUNE 2022

Welcome to our Website (“Website”). We hope that you will enjoy your online experience. The terms below govern your use of our Website (these “Terms”).

By using our Website you accept and agree to comply with these Terms; if you do not agree, please do not use our Website.

In these Terms: “we”, “us”, “our” and “Nestlé” mean Nestlé S.A., Nestlé Australia Ltd and its affiliates.

Other terms also apply to your use of our Website and they are incorporated herein by this reference. These include terms which will apply to contests, sales promotions and other features which may be made available on our Website from time to time and our Terms of Sale which apply to any purchases on our Website, and which are posted on the footer of our Website. You agree to comply with such terms.

Contents

• Privacy and Cookies

• Your Use of our Website

• Intellectual Property

• Your User Content

• Ratings and Reviews

• Accessibility

• Fitness, Nutrition, & Health Information

• Links

• Disclaimer

• Limitation of liability

• Changes to these Terms

• Geographic Scope

• Governing Law, Dispute resolution

• General

Privacy and Cookies

Our Privacy Notice applies to any personal data shared on our Website. Find out more here. Our Cookies Policy applies to the use of cookies and similar technology on our Website. Find out more here.

Your Use of our Website

In order to use our Website or submit your content you must be at least 18 years of age (or supervised by your parent or legal guardian).

If you choose or are required to register on our Website you must do so accurately and honestly and update us of any changes. We may grant, withhold or change your username, password or other access information at any time at our sole discretion. You must keep your password and other access information secret. If you think someone has discovered it you must tell us immediately.

Please feel free to explore our Website and, where available, contribute material to it, such as questions, comments, posts, ratings and reviews, information and multimedia content (e.g. pictures, videos, music, sounds, artwork) (“User Content”).

Your use of our Website and your User Content must be lawful and comply with these Terms.

Your use of our Website and your User Content must not:

(a) harm, harass or hurt other people or breach another person’s rights, including privacy, image and likeness;

(b) misuse or infringe any intellectual property rights, or contain anything confidential or proprietary to you or any other person or entity, or that you do not have the right to disclose generally to the public;

(c) be unlawful, defamatory (including towards Nestlé), obscene, vulgar, threatening, abusive, racist or xenophobic, promote or incite intolerance, hatred or violence, or otherwise offensive, objectionable or inappropriate;

(d) include commercial or other advertising or promotions;

(e) be false, fraudulent, misleading or malicious, impersonate any other person or misrepresent your identity or any other information about you;

(f) distribute virus, worm or other harmful computer code, test the vulnerability of our Website, lead to security issues, damage, disable or overburden our Website, or otherwise jeopardize, disrupt, overload, harm, impair or interfere with the functioning or integrity of our Website or systems or networks connected to our Website or with any other person’s use of our Website.

You must not nor try to: (a) make mass, automated or systematic extractions from our Website or use it within, or to create, another site, service or database, or try to re-sell it or re-distribute it; (b) decompile, reverse engineer, disassemble or otherwise reduce the code used in any software on our Website into a readable form; or (c) use any deep-link, page-scrape, spider robot, crawl, index, Internet agent or other automatic device, program, algorithm or any similar or equivalent methodology to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of our Website or Content.

Please note that Nestlé may immediately and without prior notice remove any of your User Content and/or suspend or terminate your use of our Website if we believe that you have not complied with these Terms. We may, but are not obliged, to monitor and review as well as edit, remove or refuse to post any of your User Content at our sole discretion at any time.

In any event, you are responsible for and should take all reasonable care when creating and providing your User Content. You promise that you will comply with these Terms. You may have legal liability to us and third parties if you do not. We may but not are obliged to report relevant breaches of these Terms to regulatory and law enforcement bodies.

Intellectual Property

All content on our Website, including without limitation, text, photographs, graphics, artwork, trademarks (including Trademarks), brands, logos, videos, sound, music, user interfaces, and code (collectively, “Content”), as well as look-and-feel of the Content, is owned by us or our licensors and is protected by copyright, trademark, patent, trade dress, sui generis/database rights and other intellectual property rights.

The trademarks, logos, characters and service marks displayed on our Website or used as a domain name (collectively “Trademarks”) belong to Société des Produits Nestlé S.A which licenses such use to us or are used with permission.

Nothing on our Website and these Terms shall be construed as granting any license or right to use any Trademark. You are advised that Nestlé will vigorously enforce its intellectual property rights to the fullest extent of the law.

You may access and reproduce extracts from our Website solely for your own private and non-commercial use provided that in all cases you respect the integrity of the Content and you retain (and do not remove) any copyright notice on such Content (e.g. © 2019 Nestlé. All rights reserved.) as well as the trademark notice below:

No part of our Website and no Content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, broadcasted, published, encoded, translated, transmitted or distributed in any way to any other computer, server, website or any other medium for commercial purposes, without Nestlé’s express prior written consent.

All other rights are reserved. Except as expressly provided in these Terms, any use of our Website, Trademarks or Content is strictly prohibited. You must obtain our prior permission for any other use of our Website or the Content, including any commercial use, which we may grant, withhold or condition at our sole discretion.

Your User Content

In order to submit your content, you must be at least 18 years of age (or supervised by your parent or legal guardian).

You promise to Nestlé that: (a) you are the author and owner of your User Content and/or that you otherwise have the ability to grant us the Agreed Usage rights below because you have been given permission to do so by the author/owner(s) of your User Content and anything featured in it or by any person featured in your User Content (and if the author/owner(s) or person are a minor, their parent or carer); and (b) your User Content otherwise complies with these Terms.

If you work for Nestlé or another business which itself works with Nestlé, you must have disclosed that relationship.

You grant to us and our affiliates all rights, permissions and consents and a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and fully transferable license to use, copy, reproduce, modify, adapt, translate, publish, publicly display, distribute, sell, incorporate into other materials and create derivative works from your User Content (with or without your name or other names you submitted with your User Content) in any form and media for commercial purposes or other purposes (including but not limited to advertising, marketing and promotional materials) without restriction or infringement, including in order to amend and adapt your User Content, and without any approval or consent from or any payment or credit to you or any other person.

Any feedback, suggestions, information, data, suggestions, ideas, materials, questions or comments you provide to us at our Website shall be deemed to be non-confidential and non-proprietary. Anything you transmit or post becomes our property and Nestlé shall be free to use such feedback and material on an unrestricted basis for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website 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. Please note that Nestlé is free to decide whether or not to use your User Content and that Nestlé may already have developed (or may in the future develop) similar content or have obtained such content from other sources, in which case all intellectual property rights in this content remains with Nestlé and its licensors.

Ratings and Reviews

If your User Content endorses or criticizes products or services, whether or not for any specific ratings or review part of our Website, then

(a) you must be at least 18 years of age or supervised by your parent or legal guardian;

(b) you must not have received any compensation, consideration or offer of compensation or consideration from any entity in exchange for your User Content or if you have or have had any form of commercial relationship or received or been promised any form of reward or incentive (such as money, discounts, free products or services or other gifts), even if unsolicited, in connection with the subject of your User Content (e.g. with or from the product or service supplier or their competitor) then you must make this very clear in your User Content;

(c) your User Content must not be provided because you have a contract or arrangement to do so or are under the control of a third party (whether or not the provider of the product or service or its competitor); and

(d) your User Content, including information about yourself, must otherwise be honest and accurate providing your good faith opinion on your actual experience of the product or service, and it must not falsely express or imply that your User Content is sponsored or endorsed by our Website.

If you work for Nestlé or another business which itself works with Nestlé, you must have disclosed that relationship.

Your User Content must not include any information that references other websites, addresses, email addresses, contact information or phone numbers.

By submitting your email address in connection with your rating and review, you agree that Nestlé and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Accessibility

Nestlé is committed to making our Website as accessible as possible for all users including those with disabilities. Your browsing experience may improve by altering your software and device settings (e.g. to alter text size) or installing additional assistive technologies. [If you have questions about accessibility please let us know.]

Fitness, Nutrition, & Health Information

The information on our Website is intended to impart general fitness, nutrition and health information, and it is not intended for diagnostic or treatment purposes. Nestlé is not engaged in rendering medical advice or services. You should consult your doctor for medical advice or services, including seeking advice prior to undertaking a new diet or exercise program. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

Please note a few Nestlé websites are clearly directed to medical professionals and the information contained on these websites is not intended for general audiences.

Links

Our Website may contain links to third-party websites, social media platforms, mobile apps, and other products and services (such as third party advertising) (“third party platforms”). We have no control over such third party platforms, do not necessarily endorse them and we accept no responsibility for them, including as to their content, accuracy or function. As a result, you must carefully review the legal and privacy notices of such third party platforms, including keeping yourself informed of any changes to them. Your interaction with these linked platforms is at your own risk. Nestlé has no responsibility or liability for such third party platforms and their terms and conditions.

If you operate a third party platform and wish to link to our Website, you may include a hyperlink on your own website to the home page of our Website (using the plain text name of our Website); provided that you do so in a manner compliant with these Terms, and you do not: (a) suggest in any way that you are affiliated with or endorsed or sponsored by Nestlé, (b) display the hyperlink or our Website in any way that is disparaging to Nestlé, (c) deep-link to any other page of our Website, or (d) frame our Website or any Content, or otherwise cause our Website or Content to appear in a window with any other material. We may withdraw any linking permission at any time at our sole discretion. You shall not use Nestlé’s name, logo, slogans, trademarks or any other words or codes identifying Nestlé as a hyperlink button, in a metatag or in any manner without Nestlé's express written consent.

Disclaimer

We may change all or any part of our Website including by adding, removing or altering any Content, including User Content, at any time at our sole discretion. We may give prior notice to you but do not have to do so.

Our Website will not be available at all times. We may modify, suspend or withdraw operation of or access to our Website at any time at our sole discretion whether on a temporary or permanent basis including for maintenance and other technical reasons. We may give prior notice to you but do not have to do so.

Like all software-based services our Website cannot be promised to be free from errors or bugs. We shall have no responsibility to maintain the Content and our Website or to supply any corrections, updates, or releases in connection therewith.

We strongly recommend that you take care to verify the suitability and compatibility of your computer system prior to use of our Website including reasonable precautions to protect yourself against security issues such as through the installation of anti-virus software. If you choose to download or copy material from our Website you do so at your own risk. We assume 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 our websites or for any illegal intrusion or intervention in our IT systems.

Our Website is a dynamic environment and inaccuracies and errors may occur from time to time. We are not responsible for (and do not necessarily agree with and endorse) your or any other User Content on our Website and you should apply particular caution when using it. Always take specialist advice when needed. Any reliance upon materials on our Website shall be at your own risk.

Our Website is not a storage service and you should keep copies of all your User Content.

Our Website and its Content is delivered to you on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no representations or warranties of any kind, express, implied, statutory or otherwise, including but not limited to any warranties of accuracy, merchantability and fitness for a particular purpose, non-infringement, any warranties that our Website or Content will be complete, accurate, reliable, timely, error-free, uninterrupted, secure or free from viruses, or that any advice or opinion obtained from Nestlé through our Website is accurate or to be relied upon, and we exclude all conditions, warranties, representations and terms of any kind that may apply to our Website or Content and your use of or reliance on it.

Limitation of liability

Nothing in these Terms excludes or limits our liability in connection with our Website and your use of or reliance on it where this is unlawful to do so including for fraud, fraudulent misrepresentation or death or personal injury caused by our negligence. Nothing in these Terms affects your statutory rights as a consumer.

If you are using our Website for business purposes, you acknowledge that we are providing it for free and on the basis that,] except as set out in the first paragraph above: (a) we exclude all conditions, warranties, representations and terms of any kind that may apply to our Website and your use of or reliance on it to the fullest extent permitted by law, other than those that are expressly set out in these Terms; and (b) we shall have no liability to you for any loss, damage or costs of any kind, howsoever arising (including but not limited to negligence), whether direct or indirect, under or in connection with our Website and your use of or reliance on it.

If you are using our Website as a consumer, except as set out in the first paragraph above, we shall have no liability for loss, damage or costs of any kind, howsoever arising (including but not limited to negligence), whether direct or indirect, under or in connection with our Website or the Content and your use of or reliance on our Website or the Content.

Our Terms of Sale apply additional provisions on liability relating to any consumer purchases on our Website.

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, special, incidental or punitive damages, costs or losses whatsoever, including without limitation lost data, lost profits or business interruption.

To the maximum extent permitted by applicable law, you expressly waive all claims against Nestlé, its officers, directors, employees, suppliers and providers that may arise from your use or access of our Website.

Changes to these Terms

We reserve the right to make changes to these Terms at any time at our sole discretion. We may give prior notice to you but do not have to do so. You are responsible for regularly reviewing these Terms. Your continued use of our Website following the posting of changes to these Terms and such terms will mean that you accept and agree to the changes.

Geographic Scope

Our Website and products are for users in Australia only and may not be appropriate for use elsewhere. Please contact our local distributor to obtain more information about the products and services in your country. Nestlé makes no representation that the products, services, and content on our Website are appropriate or available in locations other than Australia. If you access our Website from another territory, you are responsible for compliance with any applicable laws.

Governing Law, Dispute resolution

You and Nestlé agree that any claim or dispute relating to our Website shall be governed by the law of New South Wales, without regard to its conflicts of laws provisions, and subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

General

These Terms constitute the entire agreement between you and Nestlé with regard to your use of our Website and Content, and supersede any and all other written or oral agreements or understandings previously existing between you and Nestlé with respect to such use. If any of the provisions of these Terms are held by a court to be void or unenforceable, such provisions shall be modified or deleted to the extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. Any failure or delay by Nestlé in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of Nestlé’s rights or remedies. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

Thank you for visiting this website. Please read the Terms and Conditions contained in this document carefully since any use of this website constitutes your acceptance of the Terms and Conditions set out herein. Throughout this site, the terms "we", "us", "our" "Nestlé" and "Nestlé Group" refers to the Nestlé S.A., Nestlé Australia Ltd and any of their associated companies as appropriate to the context. “You” refers to any person accessing and/or using this website.

WEBSITE PRIVACY NOTICE

Any personal information or material sent to this website are subject to the terms and conditions set out in the Privacy Policy located on this website.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Whilst we use all reasonable attempts to ensure the accuracy and completeness of information on this website, we are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.

TRANSMISSION

Any non-personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of the Nestlé Group and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Nestlé Group is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that the Nestlé Group's use will not violate any third party's rights or otherwise place us in breach of any applicable laws. The Nestlé Group is under no obligation to use the information submitted.

INTELLECTUAL PROPERTY RIGHTS

All copyright, trademarks and other intellectual property rights in all text, images and other materials on this website are the property of the Nestlé Group or are included with the permission of the relevant owner. You are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices and that the trademark notice below appears on such reproductions. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.

® REG. TRADEMARK OF SOCIÉTÉ DES PRODUITS NESTLÉ S.A. .ALL RIGHTS RESERVED. The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this website belong to Société des Produits Nestlé S.A. part of the Nestlé Group. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Your use/misuse of the Trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that the Nestlé Group will vigorously enforce its intellectual property rights to the fullest extent of the law.

LINKS TO OTHER WEBSITES

Links on the Nestlé Group websites may take you outside the Nestlé Group network and systems and the Nestlé Group accepts no responsibility for the content, accuracy or function of these other third party websites. The links are provided in good faith and the Nestlé Group cannot be held responsible for any subsequent change in other third party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by the Nestlé Group. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

WARRANTIES AND DISCLAIMERS

This website is provided to you on an "As Is" and "As Available" basis and, consequently, the Nestlé Group gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability or satisfactory quality and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties, that access to this website will be un-interrupted or error-free or free from viruses, that this website will be secure, that any advice or opinion obtained from the Nestlé Group through this website is accurate or to be relied upon and any representations or warranties thereto are accordingly expressly disclaimed. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws. We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time.

LIABILITY

The Nestlé Group and/or any other party involved in the creating, producing or delivering this website on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us. The Nestlé Group and/or any other party involved in the creating, producing or delivering this website shall have no responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice. Further, the Nestlé Group shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk. To the maximum extent permitted by applicable law, you expressly waive all claims against Nestlé Group, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.

UNACCEPTABLE ACTIVITY

You are refrained from doing any act that the Nestlé Group in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:

Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals; Using this website to defame or libel the Nestlé Group, its employees or other individuals or acting in such a way that brings into disrepute the good name of the Nestlé Group; Uploading files that contain viruses that may cause damage to the property of the Nestlé Group or the property of other individuals; and Posting or transmitting to this website any non-authorised material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of Nestlé Group or third party´s systems or network security, defamatory, racist, obscene, threatening, pornographic or otherwise unlawful.

JURISDICTION AND GOVERNING LAW

The Nestlé Group products, materials, offers and information appearing on this website are intended for Australian users and/or customers only. The Nestlé Group makes no representation that the products and the content of this website are appropriate or available in locations other than Australia. Please contact our local distributor to obtain more information about the products availability in your country. The products appearing in this website are only visual representations and as such are not in their real size, packaging colour etc. You and the Nestlé Group agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of New South Wales and be submitted to the exclusive jurisdiction of the courts of New South Wales.

LEGAL NOTICE UPDATE

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. Copyright © 2012 Société des Produits Nestlé S.A.

Last updated: 15 June 2022

Welcome to our Website (“Website”). We hope that you will enjoy your online experience. The terms below govern your use of our Website (these “Terms”).

By using our Website you accept and agree to comply with these Terms; if you do not agree, please do not use our Website.

In these Terms: “we”, “us”, “our” and “Nestlé” mean Nestlé S.A., Nestlé New Zealand Ltd and its affiliates.

Contents

• Privacy and Cookies

• Your Use of our Website

• Intellectual Property

• Your User Content

• Ratings and Reviews

• Accessibility

• Fitness, Nutrition, & Health Information

• Links

• Disclaimer

• Limitation of liability

• Changes to these Terms

• Geographic Scope

• Governing Law, Dispute resolution

• General

Privacy and Cookies

Our Privacy Notice applies to any personal data shared on our Website. Find out more here. Our Cookies Policy applies to the use of cookies and similar technology on our Website. Find out more here.

Your Use of our Website

In order to use our Website or submit your content you must be at least 18 years of age (or supervised by your parent or legal guardian).

Your use of our Website and your User Content must be lawful and comply with these Terms.

Your use of our Website and your User Content must not:

(a) harm, harass or hurt other people or breach another person’s rights, including privacy, image and likeness;

(d) include commercial or other advertising or promotions;

(e) be false, fraudulent, misleading or malicious, impersonate any other person or misrepresent your identity or any other information about you;

Intellectual Property

Your User Content

In order to submit your content, you must be at least 18 years of age (or supervised by your parent or legal guardian).

If you work for Nestlé or another business which itself works with Nestlé, you must have disclosed that relationship.

Ratings and Reviews

If your User Content endorses or criticizes products or services, whether or not for any specific ratings or review part of our Website, then

(a) you must be at least 18 years of age or supervised by your parent or legal guardian;

If you work for Nestlé or another business which itself works with Nestlé, you must have disclosed that relationship.

Your User Content must not include any information that references other websites, addresses, email addresses, contact information or phone numbers.

Accessibility

Fitness, Nutrition, & Health Information

Please note a few Nestlé websites are clearly directed to medical professionals and the information contained on these websites is not intended for general audiences.

Links

Disclaimer

Our Website is not a storage service and you should keep copies of all your User Content.

Limitation of liability

Our Terms of Sale apply additional provisions on liability relating to any consumer purchases on our Website.

Changes to these Terms

Geographic Scope

Our Website and products are for users in New Zealand only and may not be appropriate for use elsewhere. Please contact our local distributor to obtain more information about the products and services in your country. Nestlé makes no representation that the products, services, and content on our Website are appropriate or available in locations other than New Zealand. If you access our Website from another territory, you are responsible for compliance with any applicable laws.

Governing Law, Dispute resolution

You and Nestlé agree that any claim or dispute relating to our Website shall be governed by the law of New Zealand, without regard to its conflicts of laws provisions, and subject to the exclusive jurisdiction of the courts of New Zealand.

General

For full details please visit Terms and Conditions | Nestlé Australia (nestle.com.au)