NESTEA NATION

TERMS AND CONDITIONS

WEBSITE TERMS OF USE

Introduction

1.1

This website is owned and operated by Beverage Partners Worldwide (Europe) AG, (registered number CH-020.3.021.991-4) whose registered office is at: Baslerpark, Mürtschenstrasse 27, 8048 Zurich, Switzerland. Our VAT number is 551 179.

1.2

For the purposes of these Terms of Use “BPW”, "we", "our" and "us" refers to Beverage Partners Worldwide (Europe) AG.

1.3

Please review these Terms of Use carefully before using this website. Your use of this website indicates your agreement to be bound by these Terms of Use. When using this website you agree that you are also subject to any additional guidelines, rules and terms and conditions which are posted on this website.

1.4

We may change these Terms of Use at any time, and such change shall be effective immediately upon posting of the modified Terms of Use on this website. Accordingly, your continued access or use of this website is deemed to be your acceptance of the modified Terms of Use. The date on which these Terms of Use were last updated is set out below.

1.5

Any personal information you provide to us when you use this website will be used in accordance with our Privacy Policy.
Accessing this website
2.1

We may make changes to the information, services, products, software and other materials on this website, or suspend or discontinue this website, at any time and with or without notice to you.

2.2

We do not warrant that this website will operate continuously or without interruptions or that it will be error-free.

2.3

We do not warrant that any content of this website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

2.4

This website is developed with Macromedia Flash, which requires a Flash Plug In for the browser. In terms of accessibility a plain HTML version is provided. This website complies with Priority 1 level of accessibility under the Web Content Accessibility Guidelines published by the World Wide Web Consortium (W3C). We are working towards achieving Priority 2. This website has been designed to adhere to the following accessibility guidelines:
- pages can be viewed best at a screen resolution of 1024 x 768 pixels;
- text can be increased or decreased in size by using the “View” option of your browser;
- page structure is conveyed using header elements;
- a style sheet is used and relative font sizes are used on all text with the exception of graphical text;
- images that convey important information have alternative text;
- information is not exclusively conveyed using colour.
Use of this website
3.1

You may only use this website in accordance with these Terms of Use and for lawful and proper purposes. You agree to comply with all applicable laws, regulations and codes of practice.

3.2

You agree that you will not:
- post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory, fraudulent or otherwise illegal;
- use this website in a manner which causes or may cause an infringement of the rights of any other;
- interfere or disrupt or attempt to interfere or disrupt the operation or functionality of this website;
- use any of our, or our affiliates’ or business partners’ names, trade marks, slogans, or other word or codes identifying this website in any ‘metatag’, or other information used by a search engine or other information location tools to identify and select sites;
- upload, transmit or otherwise make available through or in connection with this website any virus, worm, or other computer code, file or program that is harmful or invasive or that may or is intended to interfere with or disrupt the operation or functionality of this website; or
- obtain or attempt to obtain unauthorised access, via whatever means, to this website or any of our systems.
3.3

Without prejudice to any of our other rights (whether at law or otherwise) we reserve the right to deny you access to this website where we believe (in our absolute discretion) that you are in breach of any of these Terms of Use.
Accuracy of information

4.1

We will use reasonable endeavours to ensure that the information, services, products, software and other materials included by us on this website are accurate, but it is not intended to amount to advice or authority on which reliance should be placed. We make no representation or warranty that any such materials are accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such material by you or anyone to whom you communicate such materials.
Intellectual property rights

5.1

All trade marks, copyright, database rights and other intellectual property rights in the information, services, products, software and other materials on this website (as well as the organisation and layout of this website) together with the underlying software code are owned either directly by us or by our licensors. Without our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this website or the underlying software code whether in whole or in part. Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property rights owned by us or our licensors.

5.2

The materials on this website may be downloaded, printed or copied for your personal non-commercial use only provided that no changes in or deletion of author attribution, trade mark legend or copyright notice are made. You acknowledge that you do not acquire any ownership rights by downloading any such material.

5.3

BPW's trade names, trademarks and service marks include without limitation "[insert relevant mark/s]", “www.[insert domain name]” and any associated logos. All trademarks and service marks on this website not owned by BPW are the property of their respective owners. The trade names, trademarks and service marks owned by BPW, whether registered or unregistered, may not be used in connection with any product or service that is not BPW's. Nothing contained on this website should be construed as granting any license or right to use any of BPW's trade names, trademarks or service marks without our express prior written consent.

5.4

Any software downloaded from this website is downloaded, installed, and used at your own risk. Any such software may be subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iran, North Korea, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

5.5

The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use.

5.6

We, our affiliates and business partners are free to use and reproduce any material (including any text, photographs, graphics, video or audio) you share with us for any purpose whatsoever, including but not limited to developing, manufacturing, advertising and marketing products. We are not under any obligation to use any material you share with us.

5.7

In order that the we can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any third party’s intellectual property or other rights or the laws of the jurisdiction from which you are accessing this website, that you have the right to give us permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.
Links to this and other websites

6.1

We reserve the right, at our discretion, to prohibit any link from another website to materials or information on this website. Without prejudice to that right, if you wish to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:

6.1.1

the link is neither misleading nor deceptive and must fairly indicate this website as the destination of the link;

6.1.2

you do not remove, distort or otherwise alter the size or appearance of any of our trademarks or logos;

6.1.3

you do not create a frame or any other browser or border environment around this website;

6.1.4

you do not in any way imply that we endorse any products or services other than our own;

6.1.5

you do not misrepresent your relationship with us nor present any other false or misleading information about us;

6.1.6

you do not otherwise use any of the trade marks displayed on the Site without our express written permission;

6.1.7

you do not link from a website that is not owned by you; and

6.1.8

any website from which you link to this website does not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

6.2

This website may include links to other websites. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites is at your own risk and is subject to the terms of use applicable to such websites.
Our liability

7.1

To the maximum extent permitted by law, we disclaim all warranties (whether express or implied) with regard to the information, services, products, software and other materials contained on this website. All such information, services, products, software and materials are provided "as is" without any warranty of any kind.

7.2

In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind arising out of access to, or the use of this website or any information contained in it, including without limitation loss of profit, revenue, data or use, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such losses or damages.

7.3

Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury caused by negligence or for fraudulent misrepresentation or for any other liability that cannot, under the laws of the jurisdiction from which you are accessing this website, be excluded.
General

8.1

Any formal legal notices should be sent to us at the address at the end of these Terms of Use by email and confirmed by post.

8.2

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.

8.3

If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.

8.4

The product information, materials and content appearing on this website are intended for customers within [the European Union]. We make no representations that the information, materials and content on this website are appropriate or available for use in other locations.

8.5

If you are a resident of a country within the European Union these Terms of Use and your use of the website are governed by the laws of your country of residence. By using this website you agree to submit to the exclusive jurisdiction of the courts of such country in the event of any dispute.

8.6

If you are a resident of any other country these Terms of Use and your use of the website are governed by the laws of Switzerland and by using this website you agree to submit to the exclusive jurisdiction of the courts of in the event of any dispute.

8.7

The controlling language for these Terms of Use is [English]. Any translation has been provided for your convenience only. You may preserve these Terms of Use by printing them for your records.
How to contact us

9.1

If you have any queries concerning these Terms of Use or experience problems with this website or would like to comment on it, please feel free to contact us in any of the following ways:

9.2

by email at [Nestea-NationWebsiteInfo@bevpart.ch]
by telephone on [+41 (0) 447770600] between the hours of 9am and 5pm, CET.
by writing to us at: Baslerpark, Mürtschenstrasse 27, 8048 Zurich, Switzerland
Updates

Introduction

1.1

This policy (together with our Terms of Use) sets out the basis on which any personal information Beverage Partners Worldwide (Europe) AG (we, us, our or BPW) collect from you or that you provide to us through [insert www.domain name] (the website), will be used by us.

1.2

We aim to be as clear as possible about how and why we use personal information about you. If your questions are not fully answered by the information below, please contact us. We’ll be happy to help.
What personal information do we collect?
2.1

We will collect personal information about you when you provide it to us on this website such as when you sign up for newsletters, request information or otherwise interact with this website.

2.2

We will collect personal information such as:
- your name, address, telephone number and e-mail address;
- demographic information, such as your date of birth, gender and post code;
- information that you provide on this website, including, but not limited to, information provided at the time of requesting or subscribing to any service, or becoming a registered user or if you enter any competition or promotion sponsored by us;
- information from surveys that we may use for research purposes, if you choose to respond to them;
- communications you send to us, for example to report a problem with or submit a comment regarding the website; and
- details of your visits to the website, including, but not limited to, traffic information, location information and the resources that you access.
2.3

We may combine the personal information you provide on this website with other information you provide to us or that we obtain from third parties, for example when we acquire demographic information about you.
How do we use your personal information?
3.1

We may use personal information we hold about you in the following ways:
- to respond to your requests for information
- to allow you to participate in any interactive features of our services, for example competitions and prize draws, when you choose to do so;
- to provide you with marketing information about our products or services (such as newsletters) that you request from us or which we feel may interest you, where you have indicated that you wish to be contacted for such purposes;
- to provide customer service and support;
- to help improve our website, communications, products and services,
- for research purposes;
- to ensure that content from the website is presented in the most effective manner for you; and
- for purposes required or permitted by law.
  Your personal information may be processed outside the European Economic Area (EEA) where privacy laws may not provide protection to the same level as in the country from where you submitted your personal information , but before any such processing takes place we will take steps to ensure that your personal information will be adequately protected.
Marketing preferences

4.1

If you have given your consent, we or our affiliates may provide you with information about products, services and promotions that we or our affiliates believe will be of interest to you. You can change your mind and remove or add your consent at any time by emailing us at Nestea-NationWebsiteInfo@bevpart.ch, by calling +41 (0) 447 770 600 or by writing to Baslerpark, Mürtschenstrasse 27, 8048 Zurich, Switzerland.

4.2

All e-mails and newsletters from this Site allow you to opt out of further mailings.
Cookies
5.1

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

5.2

For more information about cookies and how to stop cookies being installed or how to delete existing cookies from your hard drive visit the following site: http://www.allaboutcookies.org although you should be aware that if you prohibit cookies being installed you may find you can not use all of the functions on this website.

5.3

We may use cookies to:
- maintain your connection with this website
- anonymously count the number of visitors to this website
- record the country that you are based in and your preferred language
- for security purposes
5.4

We reserve the right in future to match information gathered from cookies with any personal information you have given us about yourself for the purposes explained in this privacy policy.
Refer a friend
If you send a friend an email or postcard from this Site, the referral information you provide (names and email addresses) is used on a one-time basis to facilitate the communication and is not further retained by BPW. Your friend’s data would only be retained by the Site if your friend chooses to register at their visit
Do we share your personal information with other people?
7.1

Our affiliates
We may share your personal information with our affiliates to help us operate our business and this website and, if you have given your consent, for marketing purposes. Our affiliates include The Coca-Cola Company, Nestle S.A., Beverage Partners Worldwide S.A. and related entities.

7.2

Our partners
From time to time we may enter into a special relationship with another company that is not owned by or affiliated with BPW to provide additional features on this website. These special relationships may be with business partners, sponsors, and co-branded websites. Any personal information which you provide to one of these co-branded websites will be shared with these third party partners. By participating in activities or providing your personal information to these co-branded websites, you also consent to our providing your personal information to those third parties . Since these third parties will use your personal information in accordance with their own privacy practices, you should check their sites for information regarding their privacy policies.

7.3

Our sub contractors, agents and our suppliers
We may use third party suppliers, who have agreed to keep the personal information secure and confidential, to help us operate our business and this website or administer activities on our behalf. We may share your personal information with these third parties for those limited purposes. For instance, if you participate in an activity resulting in a prize or award, we will share personally identifiable information about you to our games and merchandise fulfilment and management agencies.

7.4

Other organisations
We may disclose your personal information to other third parties:
- as permitted by law;
- in the event of a transfer of ownership, assets or the insolvency or bankruptcy of BPW, in which case we may disclose your personal information to the prospective seller or buyer or administrator of such business or assets;
- for security purposes and the prevention or detection of fraud;
- if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or other agreements; or to protect our rights, property, or safety or those of our customers or other third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; or
- to protect the interests or safety of BPW and other visitors to the website.
What happens to your personal information when we link to another site?

8.1

The website may contain hyperlinks to and from other websites which are not operated by us. We are not responsible or liable for the privacy practices or the content of such other sites. We recommend that you review the privacy policy of third party sites arrived at from links on the website.
How do we keep your personal information secure?

9.1

BPW uses commercially reasonable efforts to keep personal information secure. The website has security measures in place to help protect against the loss, misuse and alteration of the information under its control.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the website; any transmission is at your own risk. Accordingly, we cannot be responsible for loss, corruption or unauthorised acquisition of personal information provided to the Site, or for any damages resulting from such loss, corruption or unauthorised access. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorised access, for instance, all access to our information bases wherein information is kept is logged for security purposes and access is limited to key personnel.

9.2

Certain specific activities are protected using a secure communications encryption technology called SSL; i.e. while editing your demographic profile. SSL (stands for Secure Sockets Layer) is a method for hiding information to prevent others from intercepting and reading the information sent between the client (your computer) and the server (the website).
Access to your personal information
The provision of personal information by you is entirely voluntary and you have the right not to provide information. You have a right to access, erase, update or correct the personal information we hold about you in accordance with European Union data protection laws. Any request for us to do this may be subject to a fee not exceeding the amount permitted by applicable law. Please use the contact details below to make any subject access request.
Updating your personal information
11.1

You can check and update the information that we hold about you
- You may send an email to the following email address: Nestea-NationWebsiteInfo@bevpart.ch
- You may send mail to the following postal address:
  Beverage Partners Worldwide
  Baslerpark, Mürtschenstrasse 27,
  8048 Zurich, Switzerland.
  If you contact us, we will update our records as soon as reasonably practicable.
Will we change this policy?

12.1

We reserve the right to make changes in this privacy policy. In the event that we make a change to this privacy policy, it will be posted here.

12.2

We encourage you to check this page regularly since your continued use of the website following any changes to this privacy policy will be deemed to constitute your acceptance of such change.
Who we are

13.1

This website is owned and operated by Beverage Partners Worldwide (Europe) AG (registration number CH-020.3.021.991-4), whose registered office is at Baslerpark, Mürtschenstrasse 27, 8048 Zurich, Switzerland. Our VAT number is 551 179.

13.2

For further information about our privacy practices please contact us at:
Beverage Partners Worldwide
Baslerpark, Mürtschenstrasse 27, 8048
Zurich, Switzerland.