Terms of Use 1. Acceptance and Modification of the Terms of Use

1.1 Your access and your use of the web sites (“Sites”) of Nestlé Nespresso S.A. (“Nespresso”), including all the companies affiliated with Nespresso, are governed by these Terms & Conditions. Through your access, browsing and use of our Sites, you acknowledge that you have read, understood and unconditionally accepted the Terms & Conditions, which we will modify from time to time.

1.2 If we decide to amend our Terms & Conditions, we will upload the new version on our Site/s. We therefore invite you to consult these Terms & Conditions from time to time, in order to be aware of any modifications.

2. Copyright and intellectual property

2.1 The content of our Site/s, including, but not limited to, the texts, trademarks, logos, graphics, photographs, videos, sounds, music, page layouts, designs, know-how, technologies, and products and processes, are the property of Nespresso or of its affiliated companies or are used with the authorisation of the owners and are therefore protected by their copyrights, trademark, patent and any other intellectual or industrial property rights they are acknowledged to own, in accordance with the laws in force.

2.2 Excepting for that which is stipulated in Article 3 below, no element of our Sites can be construed as granting any license or right to use an element presented on these same Sites.

3. Use of our Site/s

3.1 You are authorised to download, present or print the content of our Sites solely for personal, non-commercial use, insofar as you record and reproduce any copyright notices or other intellectual property notices, included in the information or any other material that you download. Any other use, including the reproduction, modification, distribution, transmission or dissemination of the elements of the Sites, in full or in part, and by any means, is formally prohibited, without Nespresso’s prior written consent.

3.2 Nespresso does not warrant that your use of an element presented on its Site/s will not violate any right held by a third-party.

4. Information considered non-confidential

4.1 All the data and information that could potentially identify you personally and that you transmit via the Internet to our Site/s are protected and processed in accordance with our Privacy Policy. We invite you to read this Privacy Policy on our website carefully, prior to entrusting us with your data and information that could potentially identify you personally.

4.2 Any other information or material that you communicate via the Internet to Nespresso, by email or by any other means, including dates, questions, comments, suggestions, ideas, graphics, etc., shall not be treated as confidential or proprietary. Everything that you transmit or upload shall become the property of Nespresso and can be used without restriction for any purpose whatsoever, including but not limited to, being reproduced, disclosed, transmitted, published, disseminated and uploaded. Specifically, Nespresso shall be free to use all the ideas, concepts, know-how or techniques included in your communications that you send to its Sites for any purpose, including, but not limited to, the development, manufacture, advertising and commercialisation of products using such information. Any use of such information communicated by you will not be remunerated to you or to a third party.

4.3 By transmitting information, you warrant that the content material transmitted is your property, that it is not defamatory, and that its use by Nespresso will not violate any right of a third-party. Nespresso shall not be required to use the information transmitted.

5. Disclaimer of warranties

5.1 WITHOUT LIMITING THE SCOPE OF ARTICLE 6 BELOW, ANY MATERIAL, INFORMATION AND EVERYTHING THAT YOU FIND ON THE SITES ARE PROVIDED “AS IS”, BASED ON THEIR AVAILABILITY, AND WITHOUT ANY GUARANTEE OF ANY TYPE, WHETHER EXPLICIT OR IMPLICIT, INCLUDING, AMONG OTHERS, THE IMPLICIT GUARANTEE OF MERCHANTABILITY OR APPROPRIATENESS FOR A SPECIFIC PURPOSE.

5.2 Nespresso DOES NOT WARRANT THAT ITS SITE/S OR THEIR CONTENT WILL SATISFY YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, ACCURATE OR FREE OF ANY ERRORS.

5.3 AS NOT ALL JURISDICTIONS RECOGNISE CERTAIN WARRANTY LIMITATIONS, IT IS POSSIBLE THAT SEVERAL OF THE ABOVE-MENTIONED EXCLUSIONS DO NOT APPLY TO YOU.

5.4 Any advice or information obtained from Nespresso in written or oral form, by or during the use of the services made available on the Site/s, shall not give rise to the right to any warranty that is not expressly mentioned in these Terms & Conditions.

6. Limitation of liability

6.1 You access, use and browse on our Site/s at your own risk.

6.2 YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE FULL EXTENT ALLOWED BY THE APPLICABLE REGULATIONS, Nespresso, ITS AFFILIATES AND THE COMPANIES, THAT PARTICIPATED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE/S, SHALL NOT BE HELD LIABLE FOR THE DIRECT, INDIRECT OR FORTUITOUS DAMAGES OR FOR THE REPARATION OF A NON-PECUNIARY LOSS, COSTS, LOSSES, FALL IN TURNOVER OR PROFITS, OR LIABILITIES OF ANY TYPE WHATSOEVER (INCLUDING IF THE REALISATION OF SUCH A LOSS WAS KNOWN OR COULD HAVE BEEN FORESEEN BY Nespresso), THAT CAN OCCUR FROM THE USE OF, OR, ON THE CONTRARY, THE INABILITY TO USE, THE SITES OR THEIR CONTENT.

6.3 ALL MATERIALS DOWNLOADED OR OBTAINED IN ANY OTHER MANNER DURING THE USE OF OUR SITES ARE AT YOUR RISK. Nespresso does not assume any liability for damage or a virus that could affect your computer or your computer equipment following access or a use of the Sites or downloading elements from the Sites or for unlawful interventions in the computer systems.

6.4 Nespresso reserves the right to interrupt or suspend all or some of the functions of its Site/s. Nespresso does not accept any liability of any type whatsoever for any interruption or suspension of all or certain functions of its Site/s resulting from actions or omissions by Nespresso or a third-party.

7. Modification of information

7.1 The content of our Site/s may include inaccuracies or errors. Nespresso reserves the right, at any time and without notice, to modify, correct or improve this content, but cannot be considered as being responsible for so.

8. Availability of products / services

8.1 Our Site/s can include information on Nespresso's global products and services, not all of which will be available in all places. A reference to a Nespresso product or service in its Site/s does not mean that it will be available where you are located.

9. Links

9.1 As a service rendered to our visitors, our Site/s can contain hypertext links to other Internet sites that are not operated or controlled by Nespresso. Nespresso cannot be considered as being responsible for these site/s and declines all liability concerning their content, legality, accuracy or function.

9.2 Any creation of hyperlinks with our Site/s is prohibited, without Nespresso's prior written consent.

10. Miscellaneous

10.1 These Terms & Conditions constitute the entire agreement entered into between Nespresso and you as regards the access and use of the Site/s and their content. All other provisions issued by Nespresso to govern its relations with you concerning, in particular, a service or the purchase of a product supplement the Terms & Conditions; in the event of a conflict between them, priority is given to the other provisions.

10.2 If Nespresso tolerates a breach by you of one of the obligations stipulated in the Terms & Conditions, or does not apply a given right that is recognised to it by these Terms & Conditions or by the law, this shall not, under any circumstances, be construed as a relinquishment of invoking its rights.

10.3 In the event that one of the provisions of the Terms & Conditions is considered illegal by a law or a regulation, whether present or future, or by a court decision, the provision in question shall be deemed unwritten, and all the other provisions of the Terms & Conditions shall continue to be binding between you and Nespresso.

10.4 The heading of the Terms & Conditions articles is only indicative and cannot alter or modify the terms in any manner whatsoever.

Nestlé Nespresso S.A.

11/2005

© 2003 Nestlé Nespresso S.A. All rights reserved.

---------------------------------------------------------------------------------------- Cookies

1. What are Cookies

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

2. How and why do we use Cookies

We use Cookies to improve the use and functionality of our website and to better understand how visitors use our websites and the tools and services offered on it. The storage of Cookies on your computer provides an easy and convenient way for us to personalise or enhance your experience on our website and to make your next visit more enjoyable. We do not use Cookies to collect personal information such as your name; however, we may link information contained in a Cookie to personal information collected from you by other means (e.g. general website registration).

3. What type of Cookies are used?

When you visit this website, the following types of Cookies are used.

Necessary Cookies

These are Cookies that are strictly necessary for the operation of a website. Without these cookies, this website won’t work properly.

Functional Cookies

These are Cookies which are set up to improve the functionality of the website. For example, Cookies that remember the content you previously viewed on this website or the email address and password you provided when registering during an earlier visit to this website. Cookies may also remember items you have previously placed in your basket while visiting our website. Using Functional Cookies therefore may allow us to deliver content tailored to your interest and save you the time of having to re-register or re-enter information when you revisit this website or try to access certain Club member only sections. We also use cookies for website analytics or advertising means.

Performance Cookies

These cookies help us understand how visitors interact with our websites by providing information about the areas visited, the time spent on the website, and any issues encountered, such as error messages. This helps us to improve the performance of our websites.

First Party Cookies

These are Cookies which are set by this website and can only be read by this site.

Third Party Cookies

These are Cookies which are set by third parties we use for different services (for example, website analytics or advertising).

4. List of Cookies used on this website

The following lists categorise and describe the various Cookies used on this website:

Necessary Cookies

SESSION ID:Nespresso websites use specific Cookies, which are essential for the websites to work properly. One is a Cookie used to create a session ID for the user, so that the system itself can identify the user as a unique and individual user, distinct from anyone else looking at the website. This information is not used or stored outside Nespresso systems, and is held only temporarily while the user is accessing account pages and other pages, which require unique and secure access. Without this Cookie, such access could not remain secure, so it is very important.

Fictional Cookies

LANGUAGE:Used to tailor the default language for the site. Disabling this may cause more of an annoyance to users as they would be prompted to re-enter their language preference.

COUNTRY:Used to suggest the most relevant experience based on the country that the user lives in and wants to be delivered to when purchasing Nespresso products.

PROMOTION:Used to recognise Nespresso Club Members eligible to promotions and display information about their corresponding offers.

LOGIN:Used to offer Club Members the option to remember their credentials in order to avoid them retyping their user ID and password each time they access the Nespresso Club section.

Performance Cookies

LOAD BALANCER:This cookie allows us to split the load on our servers based on visitors’ use of our pages and applications. It improves the overall performance of our website.

Third Party Cookies

GOOGLE ANALYTICS:Google Analytics tracking uses Cookies in order to provide insights on what users do when they visit our site. Cookies do not identify people, but rather they are defined themselves by a combination of a computer, a user account and a browser. However, Google Analytics Cookies do not collect personal data about your website visitors.

DOUBLECLICK:Used to provide anonymous / aggregated information about where the user goes and what the user does on Nespressowebsites.

VIAMICHELIN:Used to offer users tailored services based on their geographic context, such as Nespresso store locator.

Most internet browsers are initially set up to automatically accept Cookies. You can change the settings to block Cookies or to alert you when Cookies are being sent to your device. There are a number of ways to manage cookies. Follow the below guidelines to manage your Cookies using your web browser. If you do so, please be aware that you may not be able to register on our website or use other features that require registration or the collection of information.

How can I control my Cookie settings? Internet Explorer

Click on the "Tools" icon then select "Internet Options". Choose the 'Privacy' tab and move the slider to choose your settings. For more detailed privacy settings click on 'Advanced'.

Safari

Choose 'Preferences' from the Safari menu then select 'Security'. You’ll see your Cookie settings and can choose your settings.

Mozilla Firefox

Click on 'Menu’, 'Options', 'Privacy' and then 'Cookies'. You can then choose your settings.

Google Chrome

Click on the 'Tools' menu then select 'Options'. Choose the 'Under the Bonnet' tab and then the 'Privacy' section. Select 'Content settings' then the 'Cookie settings' tab and choose your settings.

Opting out of Flash Cookies

Flash Cookies are different from the other Cookies used on this website because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. For information on controlling the use of Flash Cookies on your computer visit the Macromedia website here.

Legal Notice Update

We reserve the right to make any changes and corrections to this policy. Please refer to this page from time to time to review these and new additional information.