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Legal Notice
1. Acceptance and Modification of the Terms of Use.
1.1 Your access to and your use of the Website (“Website”) of Nestlé Česko s.r.o. Division Nespresso (“Nespresso”), which includes Nespresso’s affiliates, are governed by these terms of use (“Terms of Use”). By accessing, browsing and using our Website you confirm that you have read, understood and accepted, without reserve, these Terms of Use, as modified by us from time to time.
1.2 If we decide to modify our Terms of Use, we will post a new updated version on our Website. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with all changes.
2. Copyright and Intellectual Property
2.1 The content of our Website, including but not limited to, texts, trademarks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and production and organizational processes, is the property of Nespresso or its affiliates or is used with the authorisation of its owners, and therefore is protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable laws.
2.1 Except as provided in Section 3 of these Terms, nothing contained on our Website can be interpreted or construed as granting you a license or a right to use any content of our Website.
3. Use of the Websites
3.1 You may download, display or print the content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any informative or other material you download. Any other use, including reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited without prior written consent of Nespresso.
3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Website will not infringe any third-party rights.p>
4. Information Deemed Non-Confidential
4.1 Any personal details and information that you may send over the Internet to our Website are protected and processed according to our Privacy Policy (link). Nespresso invites you to read the Privacy Policy carefully before providing us with any personal details and information.
4.2 Any other information or material communicated to Nespresso over the Internet, by electronic mail or otherwise, including data, enquiries, comments, suggestions, ideas, graphics, and 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, broadcasting and posting. Specifically, Nespresso has a right to use any ideas, concepts, know-how, or techniques contained in any communication you send to its Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using the information. Such use establishes no right to compensation for those providing the information or anyone else.
4.3 By uploading information you warrant and represent that you own the material/content, that it is not defamatory, and that Nespresso’s use of it will not violate any third-party rights. Nespresso is under no obligation to use information it receives.
5. Disclaimer of Warranties
5.1 Without prejudice to section 6 of these Terms, any information and materials accessible on the Website are supplied to you ‘as is’, and without any warranty whatsoever, express or implied, including, inter alia, the implied warranty of merchantability, or fitness for any particular purpose.
5.2 Nespresso does not guarantee that the content of its Website meets its users’ expectations and its Website will be in permanent operation and be up to date and secure, and the information is accurate.
5.3 Since some jurisdictions may not allow certain limitations of warranties, some of these exclusions may not apply to you.
5.4 No advice or information, oral or written, obtained from Nespresso or through the use of services made available on the Website, will give rise to any guarantee which is not expressly set out in these Terms of Use.
6. Limitation of Liability
6.1 You access, use, browse and navigate on our Website at your own risk and peril.
6.2 You recognise and accept that, to the fullest extent permitted by the applicable regulations, neither Nespresso, its affiliates, nor any other party involved in creating, producing or delivering the Website, will be held liable for any direct, indirect or consequential damage, damage to reputation, costs, losses, decreases 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), resulting from your access to or use of, or, on the contrary, your inability to use the Website or its content.
6.3 All materials which are downloaded or obtained in any other manner during the use of our Website are obtained at your own risk and peril. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property resulting from your access to, use or downloading of any material from its Website or from an illegal intrusion or intervention in the IT systems.
6.4 Nespresso reserves the right to suspend or discontinue some or all of the functionality of its Website. Nespresso assumes no responsibility or liability whatsoever for any interruption or discontinuance of some or all functionality of its Website resulting from commissions or omissions on the part of Nespresso or a third party.
7. Change of Information
The content of our Website may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to the content at any time without prior notice but does not assume responsibility for doing so.
8. Availability of Products / Services
Our Website may contain information on Nespresso’s worldwide products and services, not all of which are available at every location. A reference to a Nespresso product or service on the Website does not imply that the product or service is or will be available at your location.
9. Links
9.1 As a service for our visitors, our Website may contain hypertext links leading to other Websites that are not operated or controlled by Nespresso. Nespresso will not be held liable 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 Website is prohibited without prior written consent of Nespresso.
10. Miscellaneous.
10.1 These Terms of Use constitute the entire agreement concluded between Nespresso and yourself concerning the access and the use of the Website and its 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, will supplement these Terms of Use; in the event of an inconsistency between them, the other terms or conditions will prevail over these Terms of Use.
10.2 The fact that Nespresso tolerates your violation of one of the obligations set out in these Terms of Use, or does not assert one of its rights under these Terms or under the law will not be construed as its relinquishment of the right to invoke and assert its rights.
10.3 In the event that any provision of these Terms of Use is deemed to be illegal under a law or regulation, existing or future, or under a court ruling, then the provision will be considered inapplicable, and all other provisions of these Terms of Use will remain in full force and effect.
10.4 The headings of the sections of these Terms of Use are only used for convenience and do not alter or modify these Terms in any manner.
Nestlé Česko s.r.o. Division Nespresso. All rights reserved.