Legal notices

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 https://www.Nespresso.com/au/en/legal . 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.

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 below.

This notice was last updated November 2019.

SCOPE OF THIS Policy

Please read this privacy policy ("Policy") carefully to understand our policies and practices regarding your Personal Data and how we will treat it. This Policy explains how your Personal Data is collected, used, and disclosed by Nestlé Australia Ltd t/a Nespresso ("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 Policy 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 Centres, 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 9 for further information on how to object to this.

If you do not 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 Policy can change from time to time (see Section 11).

This Policy provides important information in the following areas:

SOURCES OF PERSONAL DATA
PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
PERSONAL DATA OF CHILDREN
COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
USES MADE OF YOUR PERSONAL DATA
DISCLOSURE OF YOUR PERSONAL DATA
RETENTION OF PERSONAL DATA
STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
ACCESS TO YOUR PERSONAL DATA
YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
CHANGES TO OUR POLICY
COMPLAINTS AND CONTACT

SOURCES OF PERSONAL DATA

This Policy 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. Interactions with electronic communications between you and Nespresso.

Nespresso CRC. Calls to our Customer Relationship Centres ("CRC"). 

Nespresso Boutiques. Stores managed by Nespresso.

Offline registration forms. Printed or digital 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.

Telemetry Data. We may collect certain data captured by Nespresso coffee machines that are connected to wifi. Examples include the machine Serial Number, machine alerts or errors, and the type of coffees prepared by consumers, with the respective date and time. Advertising interactions.

Advertising interactions. Interactions with our advertisements (e.g., if you interact with on one of our ads on a third party website, we may receive information about that interaction).

Data We create. In the course of our interactions with you, we may create Personal Data about you (e.g. records of your purchases from our websites).

Data from other sources. Third party social networks (e.g. such as Facebook) advertising networks (e.g such as Google), messaging apps (e.g such as Whatsapp), market research (if feedback not provided on an anonymous basis), third party data aggregators, Nespresso promotional partners, public sources and data received when we acquire other companies.

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), favourite products, hobbies and interests, and household or lifestyle information.

Information from 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 and web beacons, and is also collected through the use of third party tracking for analytics and advertising purposes. You have the right to object to the use of such technologies, for further details please see Section 4.

Market research & consumer feedback. Any information that you voluntarily share with Us about your experience of using our products and services.

Consumer-generated content. 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. 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.

Sensitive Personal Data. We do not seek to collect or otherwise process certain sensitive personal data in the ordinary course of our business. Where it becomes necessary to process your sensitive personal data for any reason, we rely on your prior express consent for any processing which is voluntary (e.g. for marketing purposes ). If we process your sensitive personal data for other purposes, we may rely on the following legal bases: (i) detection and prevention of crime (including the prevention of fraud); and (ii) compliance with applicable law (e.g. to comply with our diversity reporting)..

3. PERSONAL DATA OF CHILDREN

We do not knowingly solicit or collect personal data from children below the age of 18. If we discover that we have unintentionally collected personal data from a child below 18, we will remove that child's personal data from our records promptly.

We also do not knowingly solicit or collect personal data from children under the age of 18 for the specific purposes of marketing communications.

4. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS

Cookies/Similar Technologies. Please see our Cookies Notice to learn how you can manage your cookie settings and 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.

5. 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, geo-location push notifications in the vicinity of a Nespresso boutique, 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 9 and 10 below. For more information about our contests and other promotions, 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 Administering competitions and promotions
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 policies of the relevant third party social networks. We use your Personal Data to tailor and deliver communications to you, including via social media, based on your interests and your interactions with our products and services.	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 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 10 below.
Order fulfilment. 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 systems, networks and staff Compliance with legal obligations
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 maintaining your account, conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, if you have Club Member accounts, to reconcile those accounts into one single account. We also use your Personal Data for management and operation of our communications, IT and security systems.
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 systems, networks and staff

6. DISCLOSURE OF YOUR PERSONAL DATA

We also share your Personal Data with the following types of third party organisations:

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 have 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 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. Their identity will be disclosed at the time your consent is sought.

For example, we may share with Meta Platforms Ireland Limited ("Meta"), Google Ireland Limited ("Google") and other partners certain data regarding actions that you take on our Websites such as your visits to our Websites, your interactions on our Websites, use of Facebook Connect and information collected from cookies or similar technologies including the Facebook pixel. This allows us to measure the effectiveness of our advertising, improve our marketing practices, and helps us deliver more relevant advertising to you and people like you (including on social media such as Facebook, and others). We are a joint data controller with Meta and some other partners for this processing. This agreement means that we must provide you with this notice, but you should contact Meta if you wish to exercise your data protection rights. Further information, including how Meta enables you to exercise your data protection rights, and subsequently processes your information as independent data controller can be found in Meta's Data Policy, which is accessible at https://www.facebook.com/about/privacy . Similar terms may apply for other third-party vendors, e.g. Google tags or other technologies. To learn more about personal data processed by Google you can access Google's Privacy & Terms site.

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 5 for details).

7. 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 5 above) or to comply with applicable legal requirements. Personal data used to provide you with a personalized experience (see Section 5 above for details) will be kept for a duration permitted by applicable laws.

8. DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA

We use appropriate 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 through our Websites/apps.

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.

Because of the international nature of our business, we may need to transfer your personal data within the Nespresso group, and to third parties as noted in Section 6 above, in connection with the purposes set out in this Privacy Notice.

Nespresso service providers, contractors and agents may also transfer your information overseas, however, it is not practical to list every country where your personal information is processed and stored. If you would like further information on the countries where Nespresso Service Providers are accessing and storing your personal Information, please contact the Nespresso Privacy Officer by emailing Privacy.Officer@au.nestle.com.

9. YOUR RIGHTS

Access to Personal Data. You have the right to access and review to the information held about you. You also have the right to request information on the source of your Personal Data.

These rights can be exercised by sending Us an email to Privacy.Officer@au.nestle.com or writing to us at Nestlé Australia Ltd, Building D, 1 Homebush Bay Drive, Rhodes, NSW 2138. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected. Please note that any identification information requested by Us will only be processed in accordance with, and to the extent permitted by applicable laws.

10. 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 (i) our consent management solution or (ii) your browser so as to refuse all or some cookies/similar technologies, or to alert you when they are being used. Please see Section 4 above.

Advertising, marketing and promotions. You can consent for your Personal Data to be 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 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. You can also stop the collection of precise location data from a mobile device by accessing your device location service settings.

11. CHANGES TO THIS POLICY

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

12. COMPLAINTS AND CONTACT

To ask questions or make comments on this Policy and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact Us at: Privacy.Officer@au.nestle.com or writing to us at Nestlé Australia Ltd, Building D, 1 Homebush Bay Drive, Rhodes, NSW 2138 or call our CES on 1800 025 361 or contact us online.

We will acknowledge and investigate any complaint about the way We manage Personal Data (including a complaint that We have breached your rights under applicable privacy laws).

1. DEFINITIONS

In these terms:
Goods means any goods provided by Nespresso to you.

Nespresso means Nestlé Australia Ltd ABN 77 000 011 316 trading as Nespresso Australia and its officers, employees and agents.

Services means any services provided by Nespresso to you.

You means the person (s) purchasing Goods and Services from Nestlé which these conditions accompany.

2. APPLICABILITY OF TERMS AND CONDITIONS OF SALE

2.1 Each order placed with Nespresso by means of our website shall be governed by these Terms and Conditions of Sale. By placing an order, you acknowledge that you have read, understood and accepted, these Terms and Conditions of Sale.
2.2 By using this website, you also accept and agree to be bound by our Terms of Use and Privacy Policy. Nespresso invites you to read them carefully before using the services provided on this website.
2.3 Nespresso may modify these Terms and Conditions of Sale at any time by posting a new dated version on this website, notice on the website or by email to you. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.

3. REGISTRATION

3.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
3.2 it is your responsibility to ensure that any changes to your address, contact details or other personal details are updated on this website. Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.

4. PASSWORD

4.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
4.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
4.3 If you know or suspect that someone else knows or has used your password, you should notify Nespressoimmediately.

5. Nespresso CLUB MEMBERSHIP

5.1 When Nespresso accepts your first order for Goods, you will automatically become a member of Nespresso Club. Your Membership is non-transferable and entitles you to the provision of Services. It is your responsibility to ensure that your contact details with Nespresso Club remain correct and up to date.

6. ORDERS

6.1 You may place orders for Goods and Services either by: (a) by calling us on 1800 623 033; (b) online through our website www.Nespresso.com.au; or (c) in person at your local Nespresso store.
6.2 All orders are subject to availability of stock and min/max quantities asNespresso decides from time to time.
6.3 Nespresso offers its products on this website within the limits of its available stocks.
6.4 Nespresso reserves the right to refuse orders whether whole or in part in its discretion. If we do not accept your order for any reason, we will send you an e-mail notification, your order will be cancelled, and any payment refunded. If your order has been accepted and your Goods have been dispatched, we will send you an e-mail confirmation.

7. DELIVERY AND RECEIPT

7.1 Nespresso will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however, to the extent permitted at law, Nespresso will not be liable for any failure to deliver or delay in delivery of the Goods or Services.

7.2 it is your responsibility to ensure you are available to receive the delivery. If you are not at the delivery address to receive the Goods, the driver may at its discretion, leave the parcel or leave a card with details of an alternate pick-up address. Any costs incurred by Nespresso due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Nespresso.
7.3 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 at checkout.
7.4 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.
7.5 Twilight Delivery is only available to customers within specified postcodes in the Sydney Metropolitan Area.
7.6 Twilight Delivery is only available if the order is placed prior to 1pm, Monday to Friday.
7.7 Twilight Delivery orders placed after 1pm will be delivered in the evening, the following business day.
7.8 The Twilight Delivery service is contracted to a third party supplier (WantItNow Couriers) and the courier will contact customers directly to confirm delivery and provide delivery tracking.

8. PAYMENT

8.1 Nespresso may change the price of Goods and Services and other sales details from time to time without notice to you.
8.2 You must 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.
8.3 Invoices are payable on or before receipt of Goods or provision of Services. Time is of the essence in relation to all payments of money to Nespresso under this agreement.
8.4 You must pay Nespresso any GST payable for the provision of the Goods and Services.
8.5 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods or Services.

9. TITLE AND RISK

9.1 Title in Goods passes to you on the latter of delivery and payment in full for them.
9.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 8.4 in which case risk passes when the Goods leave Nespresso’s premises.

10. EXCLUSIONS AND LIMITATIONS

10.1 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.

11. RETURNS

11.1 You must notify Nespresso within a reasonable time of receipt of any incorrect order. If required by Nespresso, such Goods forming part of the incorrect order must be returned by you to Nespresso within a reasonable time.

11.2 Where the incorrect order is the fault of Nespresso, the costs associated with return delivery will be covered by Nespresso.

11.3 Please notify Nespresso promptly on becoming aware of any damaged or faulty Goods. Nespresso may decline any returns where a damage or fault is caused by your misuse or neglect. To assist Nespresso to assess a claim that the Goods are damaged or faulty, Nespresso may require you to return the Goods in accordance with its reasonable instructions.

11.4 When a refund or replacement is due to you, Nespresso will endeavour to provide a refund or replacement within 30 days of receipt of the returned Goods.

12. GENERAL

12.1 These terms and any invoice referencing these conditions govern your membership of Nespresso Club and the provision of Goods and Services and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
12.2 These terms may be varied 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.au
12.3 Clerical errors are subject to correction without notice.
12.4 Nestlé may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of Nestlé’s obligations under this agreement.
12.5 Nestlé waives a right under these terms only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
12.6 If any provision of these Terms of Sale (for any reason) is held to be unenforceable, illegal or invalid in some way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms of Sale and they will continue in full force and effect.
12.7 Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if such delay or failure is due to any cause outside their reasonable control. If delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations are suspended. If such a suspension exceeds 30 days, either party may immediately terminate the agreement by notice in writing to the other party.
12.8 The products, materials, offers and information appearing on this website are intended only for users and/or customers located in Australia including without limitation that delivery will be only to addresses in Australia.

12.9 These terms are governed by and must be construed in accordance with the laws of New South Wales.

Nespresso Australia a division of Nestlé Australia Ltd
ABN 77 000 011 316
at 1 Homebush Bay Drive, Rhodes NSW 2138, Australia

When you purchase a Nespresso machine, you will receive the benefits from theNespresso manufacturer warranty (Nespresso Machine Warranty). Nespresso warrants all coffee machines against defects in materials and workmanship for 2 years from the date of purchase (please keep your receipt as proof of purchase).

During this period, Nespresso will either repair or replace, at its discretion, any defective product at no charge to the owner. Replacement products or repaired parts will be guaranteed for only the unexpired portion of the Nespresso Machine Warranty or six months, whichever is greater.

The remedies available under the Nespresso Machine Warranty will not be available if you have caused the problem by being careless or misusing the Nespresso machine or have not followed our instructions. The Nespresso Machine Warranty will not cover defects caused by resulting from accident, misuse, improper maintenance, or normal wear and tear. The benefits to you given by this warranty are in addition to other rights and remedies available to at law.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

If you believe your product is defective, contact Nespresso (contact details are below) for instructions on where to send or bring it for repair. Nespresso will bear the expense of any product sent back to us.

CONTACT NESPRESSO

To contact Nespresso, call 1800 623 033 (Toll-free) or by email or live chat online here. E: auclub@nespresso.com Nespresso Australia at 1 Homebush Bay Drive, Rhodes NSW 2138, Australia

A revised version of ‘Recurring Coffee Plan’ called ‘Coffee Plus’ will launch on the 24th of October 2023. It allows you to automatically reorder and pay for your Nespresso capsules and select additional items based on a chosen frequency, plus benefit from a 10% discount on recurring orders that meet the required minimum order quantity. Coffee Plus is subject to the conditions below.

Coffee Plus benefits

When you register for Coffee Plus you will automatically be signed up to order and receive deliveries of your choice of Products (as defined below) based on a chosen frequency. Provided your recurring order of Products meets the Minimum Value Threshold (as defined below), you will receive the benefit of a 10% discount which is automatically applied to every Coffee Plus recurring order of Products. In addition, you will also be eligible for free standard delivery which is available for all Nespresso orders over the value of $75 or more. Delivery is standard delivery with Australia Post.

The ‘Products’ which can be purchased as part of Coffee Plus are Nespresso capsules (excluding limited edition Nespresso capsules) and select accessories (descaling kits, sugar and recycling bags). Machines are not included. Nespresso can amend which products are included as Products in the Coffee Plus plan from time to time.

The ‘Minimum Value Threshold’ is the monetary amount of the minimum order quantity required for free standard delivery as advertised on the Nespresso Website and amended from time to time (excluding special offers). In determining if you meet the Minimum Value Threshold, the calculation is based on Products in your recurring order. At the launch of Coffee Plus the Minimum Value Threshold amount is $75 (seventy-five dollars).

Please note that if you set up a recurring order of Products that is below the Minimum Value Threshold, then that recurring order will not receive the above benefits.

Payment

Payments must be made by credit card, debit card or club credit. If you have club credit on your account and your recurring order is set-up online, your next order/s will first use your existing credit. Once your credit is fully used, your other choice of payment (credit card, etc.) will take over as primary form of payment for subsequent recurring orders. Payments made in boutique require credit card payment for the first order. You may change your primary form of payment at any time by logging into your Nespresso account online at Nespresso.com.au.

All recurrent orders will be billed to your chosen method of payment on the day of shipment.

In the event that your primary method of payment cannot be charged, Nespresso will place your order on hold and send you a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment.

Modification And Cancellation by you

You are entitled to cancel your Coffee Plus order(s) or modify the Product(s) basket, the frequency or any customer detail at any time free of charge. Any modification must comply with the conditions of the Coffee Plus offer including that your Coffee Plus recurring order of Products meets the Minimum Value Threshold, to receive the benefits of Coffee Plus.

Cancellations and modifications can be made with your Nespresso account online at Nespresso.com.au.

Any orders that have started to be processed before the cancellation or modification will be dispatched by us and you must pay us for that delivery.

“Your Order Will Soon Ship” Notification

4 days before your recurrent order is due to be shipped by us, you will receive a written notification from us to inform and remind you of the date of shipment, the details of your Product basket, the total price of your recurrent order and whether any Product is out of stock.

Out Of Stock

If one of your Product(s) included in your recurrent order is out of stock around the time your order is due to be shipped, we will notify you of the out of stock. We will place your order on hold, you can then call us on 1800 623 033 to change your Coffee Plus recurring order to include available Products.. Alternatively, when the out of stock products become available, then we will send you your order. We may also contact you to assist you with updating your Coffee Plus recurring order.

Promotions

You will have the opportunity to benefit from promotional offers specifically relating to Coffee Plus. These Coffee Plus specific promotions will not be applicable to any order made outside a Coffee Plus plan. With your Coffee Plus plan, you may also have the possibility to benefit from ongoing general campaigns and promotions only if your Coffee Plus order is ready to be processed and meets the promotion eligibility at the time of the promotion. To ensure you benefit from such a promotion, it is recommended to place a separate order and modify your next shipment date for your Coffee Plus order.

Exclusions

Machine Plus members already on a Machine Plus subscription plan will not be able to sign-up to Coffee Plus unless they terminate their Machine Plus Subscription plan first. Prior to any termination of a Machine Plus Subscription plan, members should check to see if an early termination fee may apply.

Amendments and cancellation by Nespresso

We may at any time amend the terms of this agreement (including without limitation the ‘Products’ and the ‘Minimum Value Threshold’) or cancel this plan, by notice on the Website or by email to you. Where an amendment could be reasonably expected to adversely affect you, we will give you reasonable notice of the variation having regard to the nature of the amendment. If you do not want to proceed with the Coffee Plus plan with the proposed amendment, then you can exercise your right to cancel this agreement at any time (which is free of charge).

Price Changes

We may increase prices of Products during your Coffee Plus plan. If the prices of capsules increases you will be notified by email before your next order.

Conditions of Sale also apply

‘Easyorder’ is being renamed ‘Recurring Coffee Plan’ and allows you to reorder and pay for your Nespresso capsules and selected accessories automatically based on a chosen frequency.

The General Conditions of Sales automatically apply to any order placed through Recurring Coffee Plan. In the event of a conflict between the General Conditions of sale and the conditions related to Recurring Coffee Plan, the conditions related to Recurring Coffee Plan will prevail.

“Your Order Will Soon Ship” Notification

4 days before your recurrent order is due to be shipped by us, you will receive a written notification from us to inform and remind you of the date of shipment, the details of your Product basket, the total price of your recurrent order and whether any Product is out of stock.

Payment

Payments shall be made by credit card. All recurrent orders will be billed to your credit card on the day of shipment.

In the event that your credit card cannot be charged, Nespresso will place your order on hold and send you a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment.

Modification And Cancellation

You are entitled to cancel your Recurring Coffee Plan order(s) or modify the Product(s) basket, the frequency or any customer detail at any time free of charge.

In the event that you cancel your Recurring Coffee Plan before or while your order is being shipped, you are entitled to refuse the delivery of the Product(s) and, in the event that you received the Product(s) to return the order in accordance with the present General Conditions of Sale.

Out Of Stock

If one of your Product(s) included in your recurrent order is out of stock at the moment of the “your order will ship soon” notification, we will notify you in this notification and will still ship your other product(s) at your requested frequency, unless the order is cancelled by you.

You will not be charged for any Product(s) which is out of stock.

However if the size of the order falls below the minimum capsule amount (50 capsules), the order will be put on hold and Out of stock notification will be sent to you.

Promotions

You will have the opportunity to benefit from promotional offers specifically relating to your Recurring Coffee Plan. These Recurring Coffee Plan specific promotions will not be applicable to any order made outside an Recurring Coffee Plan.

With your Recurring Coffee Plan, you will also have the possibility to benefit from ongoing general campaigns and promotions only if your Recurring Coffee Plan order is ready to be processed and meets the promotion eligibility at the time of the promotion. To ensure you benefit from such a promotion, it is recommended to place a separate order and modify your next shipment date for your Recurring Coffee Plan order.

Ongoing benefit

You will have the opportunity to benefit from a free sleeve of coffee for every order you place of 100 capsules or more. You will be able to choose your free sleeve when you set up your Recurring Coffee Plan order with Nespresso, and your selected free sleeve will be automatically added to your order once it equals or exceeds the 100 capsules threshold.

The selection of free coffee sleeves has been pre-selected by Nespresso and cannot be swapped for any other coffee that is not on the Recurring Coffee Plan order free coffee sleeve list. Your free sleeve of coffee will be delivered free of charge with your order, as long as your order reaches the minimum threshold of 50 capsules.

Goods with a service

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service you are entitled:

- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage or damage from a failure in the goods or service.

VERTUO POP MACHINE SUBSCRIPTION

The Machine Subscription Common Terms and Conditions apply in addition to the Vertuo Pop Machine Subscription terms set out below.

Minimum Term

12 Months.

Participating Products

Vertuo Pop, and Vertuo Pop Bundle, that includes an Aerocino3.

Participating products are subject to availability.

Fees

Initial Fee: Upon signing up to your Nespresso subscription, you will need to pay a machine fee between $50 to $60 as well as the Monthly Fee for the first month.

Monthly Fee: Your Nespresso subscription plan also has a fixed cost which will be charged to you once a month for 12 months during the Term. The fixed cost is dependent on the plan that you sign up to and is outlined below. The Monthly Fee is to be paid by credit card for 12 consecutive months during the Term. The subsequent Monthly Fees will be payable every month on the same day of the month as when your subscription was activated. For full payment terms, please refer to the Machine Subscription Plan Common Terms and Conditions below.

The Fees for each Participating Product are outlined below:

· Vertuo Pop Plan: The first Monthly Fee of $50, plus $50 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A $50 Monthly Fee is payable each month during the Term and you will receive $50 credit following payment of the Monthly Fee.

· Vertuo Pop & Aerocino3 Plan: The first Monthly Fee of $60, plus $60 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A $60 Monthly Fee is payable each month during the Term and you will receive $60 credit following payment of the Monthly Fee.

Termination Fee

You can terminate your subscription at any time. You may do so by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 1800 623 033 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.

If you terminate before you have paid all 12 Monthly Fees, you will be required to pay a termination fee. The Termination Fee is calculated based on the full price of the machine minus your first monthly subscription credit, minus the upfront cost of the machine on subscription, and is as follows:

If you terminate your subscription after you have paid all 12 Monthly Fees, you will not be required to pay a Termination Fee.

Following termination, you will still be able to use any credit that remains on your account post termination for up to 12 months post termination and you will also retain your machine.

VERTUO LINE MACHINE SUBSCRIPTION

The Machine Subscription Common Terms and Conditions apply in addition to the Vertuo Line Machine Subscription terms set out below.

Minimum Term

Between 12 - 24 Months (subject to the machine chosen – please see below ‘Fees’ for more detail)

Participating Products

Vertuo Next, Vertuo Next Bundle that includes an Aeroccino3, Vertuo Plus Deluxe, VertuoPlus Deluxe Bundle that includes an Aeroccino3, Vertuo Lattissima and Vertuo Creatista.

Participating products are subject to availability.

Fees

Initial Fee: Upon signing up to your Nespresso subscription, you will need to pay a between $50 to $600 as well as the Monthly Fee for the first month.

Monthly Fee: Your Nespresso subscription plan also has a fixed cost which will be charged to you once a month for the Term. The fixed cost is dependent on the plan that you sign up to and is outlined below. The Monthly Fee is to be paid by credit card and will be payable every month on the same day of the month as when your subscription was activated. For full payment terms, please refer to the Machine Subscription Plan Common Terms and Conditions below.

The Fees and Minimum Term for each Participating Product are outlined below:

· Vertuo Next Plan: The first Monthly Fee of $60, plus $60 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $60 is payable each month during the Term and you will receive $60 credit following payment of the Monthly Fee. Minimum Term of 12 months.

· VertuoPlus Deluxe Plan: The first Monthly Fee of $80, plus $80 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $80 is payable each month during the Term you will receive $80 credit following payment of the Monthly Fee. Minimum Term of 12 months.

· VertuoPlus Deluxe and Aeroccino3 Plan: The first Monthly Fee of $90, plus $90 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $90 is payable each month during the Term and you will receive $90 credit following payment of the Monthly Fee. Minimum Term of 12 months.

· Vertuo Next & Aeroccino3 Plan: The first Monthly Fee of $80, plus $80 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $80 is payable each month during the Term and you will receive $80 credit following payment of the Monthly Fee. Minimum Term of 12 months

· Vertuo Lattissima Plan: The first Monthly Fee of $80, plus $300 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $80 is payable each month during the Term and you will receive $80 credit following payment of the Monthly Fee. Minimum Term of 24 months.

· Vertuo Creatista Plan: The first Monthly Fee of $100, plus $600 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $100 is payable each month during the Term and you will receive $100 credit following payment of the Monthly Fee. Minimum Term of 24 months.

Termination Fee

You can terminate your subscription at any time. You may do so by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 1800 623 033 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.

If you terminate before the Minimum Term, you will be required to pay a Termination Fee. The Termination Fee is calculated based on the full price of the machine minus your first monthly subscription credit, minus the upfront cost of the machine on subscription (from $60 to $600), and is as follows:

· Vertuo Pop Plan: $129

· Vertuo Pop and Aeroccino3 Plan: $199

· Vertuo Next Plan: $179

· Vertuo Next and Aeroccino3 Plan: $229

· Vertuo Plus Deluxe Plan: $199

· Vertuo Plus Deluxe and Aeroccino3: $269

· Vertuo Lattissima: $319

· Vertuo Creatista: $399

If you terminate your subscription after the Minimum Term, you will not be required to pay a Termination Fee.

Following termination, you will still be able to use any credit that remains on your account post termination for up to 12 months following termination and you will also retain your machine.

ORIGINAL LINE MACHINE SUBSCRIPTION

The Machine Subscription Common Terms and Conditions apply in addition to the Original Line Machine Subscription terms set out below.

Minimum Term

Between 12 - 24 Months (subject to the machine chosen – please see below ‘Fees’ for more detail)

Participating Products

From time to time, the following subscription plans may be available for consumers to choose from: Essenza Mini, Essenza Mini Bundle that includes an Aeroccino3, Citiz, Citiz & Milk, Lattissima One, Gran Lattissima, Creatista Uno, Creatista Plus, Creatista Pro,

Lattissima One, Gran Lattissima, Creatista Uno and

Participating products are subject to availability.

Fees

Initial Fee: Upon signing up to your Nespresso subscription, you will need to pay a machine fee between $50 and $900 as well as the Monthly Fee for the first month.

Monthly Fee: Your Nespresso subscription plan has a fixed cost which will be charged to you once a month for the Term. The fixed cost is dependent on the plan that you sign up to and is outlined below. The Monthly Fee is to be paid by credit card and will be payable every month on the same day of the month as when your subscription was activated. For full payment terms, please refer to the Machine Subscription Plan Common Terms and Conditions below.

The Fees for each Participating Product are outlined below:

· The Essenza Mini Plan: The first Monthly Fee of $50, plus a $50 Initial Fee for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $50 is payable each month during the Term and you will receive $50 credit following payment of the Monthly Fee. Minimum Term of 12 months.

· The Essenza Mini and Aeroccino3 Plan: The first Monthly Fee of $60, plus $60 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $60 is payable each month during the Term and you will receive $60 credit following payment of the Monthly Fee. Minimum Term of 12 months.

· The Citiz Plan: The first Monthly Fee of $80, plus $80 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $80 is payable each month during the Term and you will receive $80 credit following payment of the Monthly Fee. Minimum Term of 12 months.

· The Citiz&Milk Plan: The first Monthly Fee of $90, plus $90 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $90 is payable each month during the Term and you will receive $90 credit following payment of the Monthly Fee. Minimum Term of 12 months.

· The Lattissima One Plan: The first Monthly Fee of $80, plus $250 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $80 is payable each month during the Term and you will receive $80 credit following payment of the Monthly Fee. Minimum Term of 24 months.

· The Gran Lattissima Plan: The first Monthly Fee of $80, plus $350 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $80 is payable each month during the Term and you will receive $80 credit following payment of the Monthly Fee. Minimum Term of 24 months.

· The Creatista Uno Plan: The first Monthly Fee of $80, plus $350 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $80 is payable each month during the Term and you will receive $80 credit following payment of the Monthly Fee. Minimum Term of 24 months.

· The Creatista Plus Plan: The first Monthly Fee of $100, plus $500 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $100 is payable each month during the Term and you will receive $100 credit following payment of the Monthly Fee. Minimum Term of 24 months.

· The Creatista Pro Plan: The first Monthly Fee of $100, plus $900 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A Monthly Fee of $100 is payable each month during the Term and you will receive $100 credit following payment of the Monthly Fee. Minimum Term of 24 months.

Termination Fee

You can terminate your subscription at any time. You may do so by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 1800 623 033 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.

If you terminate before the Minimum Term, you will be required to pay a Termination Fee. The Termination Fee is calculated based on the full price of the machine minus your first monthly subscription credit, minus the upfront cost of the machine on subscription (between $50 and $900), and is as follows:

· Essenza Mini: $119

· Essenza Mini and Aeroccino3: $189

· CitiZ: $269

· CitiZ&Milk: $289

· Lattissima One Plan: $189

· Gran Lattissima Plan: $269

· Creatista Uno Plan: $269

· Creatista Plus Plan: $349

· Creatista Pro Plan: $399

If you terminate your subscription after the Minimum Term, you will not be required to pay a Termination Fee.

Following termination, you will still be able to use any credit that remains on your account post termination for up to 12 months following termination and you will also retain your machine.

MACHINE SUBSCRIPTION PLANS COMMON TERMS AND CONDITIONS

Payments

Payments must be made by credit card, debit card, club credit or PayPal. Payments made in boutique require credit card payment for the first payment. The Monthly Fee will be billed to your chosen method of payment each month until you terminate the subscription. You may change your primary form of payment at any time by logging into your Nespresso account online at Nespresso.com.au.

If you fail to pay the Monthly Fee when due, Nespresso’s automated system will reattempt again until successful for two consecutive days. Any outstanding balance will be carried forward such that the next payment will be for the previous and current months (if on a monthly plan). If payment is still outstanding for 2 months, it will be considered a material breach of these terms by which Nespresso may provide you written notice to rectify the material breach. If you do not remedy that breach within days of the date of that notice, then Nespresso reserves the right to terminate your Subscription and claim Early Termination Fees as damages.

Termination fees will apply if your Machine Plus plan is terminated before the minimum Term. To cancel your subscription, you may do so by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 1800 623 033 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.

Machine Subscription Benefits and Credits

Each month during your Machine Plus plan, your Monthly Fee will turn into rolling credit to the value of that Monthly Fee which can be used to purchase Nespresso coffee or accessories. The Nespresso credit will automatically be added to a Nespresso account that is linked with your membership within 5 business days of receipt of the Monthly Fees.

Your credit will remain on your account for 12 months after termination of your subscription plan and you will also retain whichever machine as part of your plan. Any unused Nespresso credit at the end of this period will be automatically converted to Nespresso capsules and sent to you. You can check your current balance of Nespresso credit by logging into your account on www.Nespresso.com

Nespresso credit is non-transferable and may not be exchanged for a cash equivalent.

Amendment of these Terms by Nespresso

We may at any time amend the terms of this agreement by notice on the Website or by email to you. Where an amendment could be reasonably expected to adversely affect you, we will give you reasonable notice of the variation having regard to the nature of the amendment. Where an amendment to the Machine Plus plan is substantial and you do not want to proceed with the plan, you may exercise your tight to terminate this agreement at any time. If you can demonstrate that the proposed amendment will have more than a minor detrimental impact on you, we may either delay or waive the amendment in respect of you or offer you the right to early termination of the agreement without incurring any early termination fee (if otherwise applicable to your subscription offer). 

Cancellation of your Subscription

Your Subscription will continue until terminated by either party.

You can terminate your subscription at any time by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 1800 623 033 or by visiting a Nespresso Boutique. Early Termination Fees may apply (refer to your relevant Machine Subscription Terms above).

We may terminate your Subscription in the following circumstances:

· at any time on 3 months’ notice to you, in which case no early termination fee is payable by you; or
· immediately if we reasonably suspect fraud by you or any other person in connection with your subscription service provided to you.

Price Changes

The Price of Nespresso coffee and accessories sold on our website, at boutiques and by phone may change during the subscription period with or without notification to you.

Conditions of Sale also Apply

The general Conditions of Sales automatically apply to any order placed through Machine Plus. These are available at www.Nespresso.com/au/en/legal (as amended from time to time). In the event of a conflict between the general Conditions of Sale and the conditions related to Machine Plus, these conditions related to Machine Plus will prevail.

Promotions and Exclusions

Customers must be residents of Australia, aged 18+ and be new or existing Nespresso Club Members. There is a limit of one Nespresso subscription plan per Nespresso Club Membership account.

This offer is not available in conjunction with any other Nespresso promotion, offer or discount unless otherwise specified.

Coffee Plus members already on a Coffee Plus Subscription plan will not be able to sign-up to Machine Plus unless they terminate their Coffee Plus Subscription plan first.

Australian Consumer Law

These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these terms and conditions to be void.

VERTUO POP MACHINE SUBSCRIPTION

1. Promotion Name: Vertuo Pop Machine Subscription.

2. Promoter: The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 trading as Nespresso Australia of 1 Homebush Bay Drive, Rhodes, NSW 2138.

3. Website: www.Nespresso.com.au

4. Term: 12 Months.

5. Eligibility Criteria: Customers must be residents of Australia, aged 18+ and be new or existing Nespresso Club Members. There is a limit of one Nespresso subscription plan per Nespresso Club Membership account.

6. Participating Products: Vertuo Pop, and Vertuo Pop Bundle that includes an Aerocino3. Participating products are subject to availability. The Promoter may elect not to offer a Participating Product should it become unavailable.

7. Claim Method: To subscribe, you must go to the Website, click on the link to sign up to the subscription plan and complete the subscription plan registration form and agree to the terms and conditions of subscription. You can also visit a Nespresso boutique and subscribe in store. The credit will be placed into the claimants Nespresso club account in accordance with the Credit Conditions on each month for 12 consecutive months provided the consumer has complied with the Fees section below.

8. Fees:

(i) Initial Fee: There is an additional nominal charge between $50 to $60 for the Participating Products as well as the subscription fee for the first month.

(ii) Monthly Fee: Your Nespresso subscription plan has a fixed cost which will be charged to you once a month for 12 months during the Term. The fixed cost is dependent on the plan that you sign up to and is outlined below.

Subject to availability of the Participating Product, the following subscription plans can be available for consumers to choose from:

a) Vertuo Pop Plan: The first Monthly Fee of $50, plus $50 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $50 credit following payment of the Monthly Fee.

b) Vertuo Pop & Aerocino3 Plan: The first Monthly Fee of $60, plus $60 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $60 credit following payment of the Monthly Fee.

(iii) The Monthly Fee is to be paid by credit card for 12 consecutive months during the Term. The subsequent Monthly Fees will be payable every month on the same day of the month as when your subscription was activated.

9. Termination: You can terminate your subscription at any time. You may do so by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 1800 623 033 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.

(i) Termination Fee: If you terminate before you have paid all 12 Monthly Fees, you will be required to pay a Termination Fee. To terminate the subscription before the Term you must contact our Customer Relationship Centre on 1800 623 033.

(ii) If you terminate your subscription after you have paid all 12 Monthly Fees, you will not be required to pay a Termination Fee.

(iii) The Termination Fee is calculated based on the full price of the machine minus your first monthly subscription credit, minus the upfront cost of the machine on subscription, and is as follows:

Vertuo Pop Plan: $129
Vertuo Pop & Aeroccino3 Plan: $199

Following termination, you will still be able to use any credit that remains on your account post termination. You will also retain whichever machine as part of your plan.

10. Credit conditions:

(i) Each month you will receive Nespresso credit that you can use to purchase Nespresso coffee or accessories (for example) at Nespresso.com.au, by phone or in our Nespresso boutique. The Nespresso credit will be added to a Nespresso account that is linked with your membership within 5 business days of receipt of the Fees.

(ii) Your credit will remain on your account for 12 months after termination of your subscription plan. Any unused Nespresso credit at the end of this period will be automatically converted to Nespresso capsules and sent to you. You can check your current balance of Nespresso credit by logging into your account on www.Nespresso.com

(iii) Nespresso credit is non-transferable and may not be exchanged for a cash equivalent.

11. Other Conditions:

(i) Delivery: Free standard delivery is included with the minimum order of 50 Nespresso capsules. A delivery which only contains accessories will attract a standard delivery fee of $6.00.

(ii) Failed Payments: If you fail to pay the Fee when due, Nespresso’s automated system will reattempt again until successful for two consecutive days. Any outstanding balance will be carried forward such that the next payment will be for the previous and current months (if on a monthly plan). If payment is still outstanding for 2 months, Nespresso may treat this as your giving notice of termination.

(iii) Amendments: We may at any time amend the terms of this agreement by notice on the Website or by email to you. Where an amendment could be reasonably expected to adversely affect you, we will give you reasonable notice of the variation having regard to the nature of the amendment. If you can demonstrate that the proposed amendment will have more than a minor detrimental impact on you, we may offer you the right to early termination of the agreement without incurring additional fees or charges.

(iv) Price Changes: We may increase Nespresso coffee or accessories prices during the subscription period. If the prices of capsules increase you will be notified by email.

(v) Terms of sale also apply: Your subscription offer will also be subject to our Terms & Conditions of Sale, which are available at www.Nespresso.com/au/en/legal (as amended from time to time).

(vi) Minimum spends: In some instances, the value of your purchase could be more than the value of your Nespresso credit which could result in your credit card being charged for the difference, should this occur – this will be made clear to you before check-out. This rule does not apply to purchases made in a Nespresso Boutique or pop-up store.

(vii) Security Checks: To ensure that your credit, debit or charge card is not being used without your consent, we reserve the right to validate name, address and other personal information supplied by you during the order process against appropriate third party databases. We also reserve the right to perform a credit check. By accepting these terms and conditions you consent to such checks being made.

(viii) Use with other offers: This offer is not available in conjunction with any other Nespresso promotion, offer or discount unless otherwise specified.

(ix) Change of plan: you can change your plan type at any time after your free month has taken place. If you amend your plan type before the free month occurs your free month will no longer apply.

(x) Privacy: Nespresso collects claimants’ personal information in order to conduct the Offer. All personal details are kept in accordance with the Nespresso Privacy Policy. Visit www.Nespresso.com/au/en/legal to access the Nespresso Privacy Policy.

(xi) Australian Consumer Law: These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these terms and conditions to be void.

(xii) Tampering: The Promoter reserves the right to terminate the subscription plan if any individual tampers with the subscription process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of the fees owing under this subscription.

(xiii) Technical malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion to modify the Promotion.

(xiv) Exclusion: Employees of the Promoter and their immediate family members are ineligible to redeem this offer.

VERTUO LINE MACHINE SUBSCRIPTION

1. Promotion Name: Vertuo Line Machine Subscription.

2. Promoter: The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 trading as Nespresso Australia of 1 Homebush Bay Drive, Rhodes, NSW 2138.

3. Website: www.Nespresso.com.au

4. Term: 24 Months.

5. Eligibility Criteria: Customers must be residents of Australia, aged 18+ and be a new or existing Nespresso Club Members. There is a limit of one Nespresso subscription plan per Nespresso Club Membership account.

6. Participating Products: Vertuo Plus, Vertuo Plus Bundle that includes an Aeroccino3 and VertuoPlus Deluxe Bundle that includes an Aeroccino3. Participating products are subject to availability. The Promoter may elect not to offer a Participating Product should it become unavailable.

7. Claim Method: To subscribe, you must go to the Website, click on the link to sign up to the subscription plan and complete the subscription plan registration form and agree to the terms and conditions of subscription. The credit will be placed into the claimants Nespresso club in accordance with the Credit Conditions on each month for 12 consecutive months provided the consumer has complied with the Fees section below.

8. Fees:

(i) Initial Fee: There is an additional $1 nominal charge for the Participating Product as well as the subscription fee for the first month.

(ii) Monthly Fee: Your Nespresso subscription plan has a fixed cost which will be charged to you once a month for 24 months during the Term. The fixed cost is dependent on the plan that you sign up to and is outlined below.

Subject to availability of the Participating Product, the following subscription plans can be available for consumers to choose from:

(a) Vertuo Next Plan: The first Monthly Fee of $50, plus $1 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $50 credit following payment of the Monthly Fee.

(b) VertuoPlus Deluxe Plan: The first Monthly Fee of $75, plus $1 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $75 credit following payment of the Monthly Fee.

(c) VertuoPlus and Aeroccino3 Plan: The first Monthly Fee of $75, plus $1 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $75 credit following payment of the Monthly Fee.

(d) VertuoPlus Deluxe and Aeroccino3 Plan: The first Monthly Fee of $75, plus $1 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $75 credit following payment of the Monthly Fee.

(e) Vertuo Next & Aeroccino3 Plan: The first Monthly Fee of $75, plus $1 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $75 credit following payment of the Monthly Fee.

(f) Vertuo Next & Barista Plan: The first Monthly Fee of $100, plus $1 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $100 credit following payment of the Monthly Fee.

(iii) The Monthly Fee is to be paid by credit card for 24 consecutive months during the Term. The subsequent Monthly Fees will be payable every month on the same day of the month as when your subscription was activated.

(iv) Termination Fee: If you terminate before you have paid all 24 Monthly Fees, you will be required to pay a Termination Fee. To terminate the subscription before the Term you must contact our Customer Relationship Centre on 1800 623 033.

(v) The Termination Fee is calculated based on the full price of the machine minus your first monthly subscription credit, minus the upfront cost of the machine on subscription ($1), and is as follows:

- VertuoPlus Deluxe Plan: $189 

- VertuoPlus Bundle that includes an Aeroccino3: $244

- VertuoPlus Deluxe Bundle that includes an Aeroccino3: $251 

- Vertuo Next Plan: $177 

- Vertuo Next & Aeroccino3 Plan: $266 

- Vertuo Next & Barista Plan: $480

Following termination, you will still be able to use any credit that remains on your account post termination.

ORIGINAL LINE MACHINE SUBSCRIPTION

1. Promotion: Original Line Machine Subscription

2. Promoter: The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 trading as Nespresso Australia of 1 Homebush Bay Drive, Rhodes, NSW 2138.

3. Website: Nespresso.com.au

4. Term: 24 Months.

5. Eligibility Criteria: Customers must be residents of Australia, aged 18+ and be a new or existing Nespresso Club Members. There is a limit of one Nespresso subscription plan per Nespresso Club Membership account.

6. Participating Products: The Promoter may elect not to offer a Participating Product. From time to time, the following subscription plans may be available for consumers to choose from: Essenza Mini, Lattissima One, Creatista Uno and Essenza Mini Bundle that includes an Aeroccino3.

7. Claim Method: To subscribe, you must go to the Website, click on the link to sign up to the subscription plan and complete the subscription plan registration form and agree to the terms and conditions of subscription. The credit will be placed into the claimants Nespresso club in accordance with the Credit Conditions on each month for 24 consecutive months provided the consumer has complied with the Fees section below.

8. Fees:

(i) Initial Fee: There is an additional nominal charge between $10 to $ 650 for the Participating Products as well as the subscription fee for the first month.

(ii) Monthly Fee: Your Nespresso subscription plan has a fixed cost which will be charged to you once a month for 24 months during the Term. The fixed cost is dependent on the plan that you sign up to and is outlined below.

Subject to availability of the Participating Product, the following subscription plans can be available for consumers to choose from:

(a) The Essenza Mini Plan: The first Monthly Fee of $50, plus a $10 Initial Fee for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $50 credit following payment of the Monthly Fee.

(b) The Essenza Mini and Aeroccino3 Plan: The first Monthly Fee of $50, plus $20 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $50 credit following payment of the Monthly Fee.

(c) The Lattissima One Plan: The first Monthly Fee of $75, plus $200 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $75 credit following payment of the Monthly Fee.

(d) The Creatista Uno Plan: The first Monthly Fee of $75, plus $300 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $75 credit following payment of the Monthly Fee.

(e) The Nespresso Atelier Plan: The first Monthly Fee of $75, plus $200 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $75 credit following payment of the Monthly Fee.

(f) The Creatista Plus Plan: The first Monthly Fee of $100, plus $450 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $100 credit following payment of the Monthly Fee.

(g) The Gran Lattissima Plan: The first Monthly Fee of $100, plus $300 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $100 credit following payment of the Monthly Fee.

(h) The Creatista Pro Plan: The first Monthly Fee of $100, plus $650 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $100 credit following payment of the Monthly Fee.

(iii) The Monthly Fee is to be paid by credit card for 24 consecutive months during the Term. The subsequent Monthly Fees will be payable every month on the same day of the month as when your subscription was activated.

(iv) Termination Fee: If you terminate before you have paid all 24 Monthly Fees, you will be required to pay a Termination Fee. To terminate the subscription before the Term you must contact our Customer Relationship Centre on 1800 623 033.

(v) The Termination Fee depends on the plan that you choose and will be the value of the machine minus $10 - $650 as follows:

- Essenza Mini Plan: $134

- Essenza Mini Bundle that includes an Aeroccino3 for all colours is $207 

- Lattissima One Plan: $343 

- Creatista Uno Plan: $499 

- Nespresso Atelier Plan: $454 

- Creatista Plus Plan: $655 

- Gran Lattissima Plan: $561 

- Creatista Pro Plan: $927 

Following termination, you will still be able to use any credit that remains on your account in accordance with the Credit Conditions listed below.

MACHINE SUBSCRIPTION PLANS COMMON TERMS AND CONDITIONS

1. Credit conditions: