Last updated: November 2022

 

Welcome to the VITALIV® mobile application (this “Platform”). We hope that you will enjoy your experience.

By accessing this Platform, you agree to the terms and conditions below which apply to this Platform (these “Terms”). If you do not agree, please do not use this Platform.

The VITALIV® Machines are operated by third-party sellers (“Sellers”) who are not affiliated to Nestlé. When you purchase the VITALIV® Bevrages, you are contracting directly with the Seller who operates the Machine that you are using. Payments are made to the Sellers directly. Nestlé is not a party to the transaction between you and the Seller.

This Platform is operated by Nestlé. When using this Platform, you are contracting directly with us. These Terms cover your use of this Platform.

 

Purpose

This Platform is for your personal, non-commercial use only.

You can use this Platform to track your hydration and connect your smart bottle and band.

 

About this Platform

This Platform enables you to create your favorite recipes, scan your QR code right from this Platform, and track your hydration. You can also connect your smart bottle and band to this Platform. To use this Platform, you must first create an account.

 

About your purchase

When you purchase your beverage from a Machine, you are contracting directly with a third-party seller (“Seller”) who operates that Machine. Sellers are not affiliated to Nestlé, and Nestlé is not a party to the transaction between you and the Seller. To find out the name and contact details of the Seller, please check the Machine. Sellers determine their own retail prices at their sole discretion, so prices will vary between the Machines. Some of the flavors you have chosen on this Platform may not be available on a given Machine.

You can pay your beverage using the credit card terminal on the Machine.

Where available, you can also pay the Seller through this Platform. To use this payment option, you must accept the Payment Terms and have a valid payment method associated with your account. If you chose this payment option, you will leave this Platform and you will be redirected to a third-party payment platform. Payments are processed by a third-party payment processor on behalf of the Seller. Nestlé is not a party to these transactions is not responsible for payments made through this Platform. In case of a question or claim about your purchase or payment, please contact the Seller.

 

Definitions

In these Terms, the following terms are defined as follows:

“We”, “us”, “our” and “Nestlé” mean Nestlé Suisse S.A. and its affiliates.

“Content” means all content on or accessible through this Platform. Examples of Content include data, text, photographs, graphics, artwork, trademarks (including Nestlé Trademarks), brands, logos, videos, sound, music, thumbnail, user interfaces, and code, as well as look-and-feel of the Content and this Platform.

“Nestlé Trademarks” means trademarks, service marks and logos displayed on this Platform or used as a domain name are owned by or licensed to Société des Produits Nestlé S.A..

“User Content” means any Content submitted or posted by you or other users on or through this Platform. Examples of User Content include questions, comments, posts, ratings, reviews, data, pictures, video, and music.

 

Modifications

We reserve the right to make changes to these Terms at any time at our sole discretion. You are responsible for regularly reviewing these Terms. After we post these changes, your continued access to this Platform means that you have agreed to these changes.

 

Additional Terms

Additional terms apply to specific promotions, online transactions, or other features which may be made available from time to time on this Platform. They are part of these Terms and you agree to such terms.

Where available, you can use this Platform to pay your purchase to the Seller. Before you make payments using this Platform, you must accept the Payment Terms and set-up your payment method.

 

Privacy and Cookies

Nestlé Privacy Notice applies to this Platform. To find out more, please click here. Nestlé Cookies Policy applies to the use of cookies and similar technology on this Platform. To find out more, please click here.

 

Accessibility

The objective is to make this Platform as accessible as possible for all users including those with disabilities. Your browsing experience may improve by altering your software and device settings (e.g. to alter text size) or installing additional assistive technologies.

 

Content and Intellectual Property

The Content is owned by or licensed to Nestlé, and protected by copyright, trademark, patent, sui generis / database rights, trade dress, other intellectual property rights, and other rights (including privacy and image rights).

You may print or save electronic copies of portions of the Content (such as digital culinary recipes) solely for the Purpose (stated above) subject to the following conditions: (a) you must comply with these Terms, and (b) you must respect the integrity of the Content and retain (and not remove) the copyright statements and trademark notices on such Content.

Any use of the Content other than as expressly stated in these Terms is prohibited.

Nothing on this Platform or these Terms shall be construed as granting any license to use any Nestlé Trademark.

 

Your Account; Password Security

To use this Platform and its features, you must be of legal age (or your legal guardian must have agreed to these Terms and your use of this Platform).

You have to register to use this Platform. If you decide to create an account, you must do so accurately and honestly and update us of any changes. Each registration is for a single user only.

You shall keep your password secure and confidential. You shall not share your password with anyone. You are responsible for any activity under your account due to your failure to keep your password secure and confidential. If you think someone has discovered your password or there is any unauthorized access into your account, you shall tell us immediately. Please see “How to contact us” below.

Nestlé will not be liable for any loss or damage arising from your failure to comply with your obligations.

 

Deleting your Account

You can delete your account at any time. To do this, please click here or contact us by email (see below for the contact details). We may ask you to verify your identity using a temporary verification code sent to your phone attached to your account. If you did not provide your phone number, please contact by email.

info-ncs_ch@care.nestle.com

 

Your Use of this Platform

Your use of this Platform must be lawful and comply with these Terms.

You shall not (nor attempt to):

(a) impersonate or pretend that you represent someone else; harm, harass, threaten, stalk or intentionally embarrass or cause distress to others;

(b) use any software or other means to access, copy, download, communicate to the public, collect, harvest, aggregate, or extract any Content from this Platform or any system or network connected to this Platform, including by using web scraping, data extraction or data mining software or tools (except in the case of public search engines, in accordance with our robots.txt file and solely to the extent necessary for creating publicly available searchable indices);

(c) misuse, overload, harm, impair, disrupt or interfere with the proper functioning or integrity of this Platform or any system or network connected to this Platform, or any other person’s use of this Platform;

(d) by-pass, circumvent, disable or interfere with any technical, security or authentication measures of this Platform or any system or network connected to this Platform; distribute virus, worm or other harmful or unauthorized computer code; lead to security issues, gain unauthorized access to data or to this Platform or any other systems or network connected to this Platform; probe, scan, or test the vulnerability of this Platform or any system or network connected to this Platform; or

(e) decompile, reverse engineer, disassemble or otherwise reduce the code used in any software on this Platform into a readable form.

 

Your User Content

Mandatory Disclosures

When you post your User Content, you must disclose your relationship with Nestlé, or any compensation or reward in relation to your User Content.

 

General

Where available on this Platform, you may post your User Content.

By submitting or posting your User Content on or through this Platform, you grant to Nestlé and its affiliates, to the extent permitted by law, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and fully transferable license (with the right to sublicense) to use, copy, reproduce, communicate to the public, display, distribute, transfer, perform, broadcast, transmit, publish, make available to the public, exhibit, sell, compile, use to create derivative works, to include in a collected work, adapt, modify, alter and translate your User Content (including as complied, used in derivative works, included in collected works, adapted, modified, altered and translated) (a) with or without attribution, (b) directly or through any kind of medium, (c) for any purpose (commercial or other purpose), and (d) without restriction and without any approval from or payment to you.

You state that (a) you are the author and owner of your User Content, or (b) you have obtained, all rights, licenses and authorizations (or you are otherwise legally entitled) to submit and post your User Content (including images of individuals and property on your User Content) and to grant Nestlé the license stated in the preceding paragraph.

You are responsible for and should take all reasonable care when providing your User Content. You may have legal liability to us and third parties if you do not comply with these Terms. 

 

Acceptable Content

Your User Content must be lawful and comply with these Terms.

Your User Content shall not contain anything that is (or may be):

(a) unlawful, offensive, harmful, defamatory, disrespectful, inaccurate, false, deceptive, fraudulent, misleading, or inappropriate;

(b) misusing or infringing Nestlé’s or any third party’s rights, including intellectual property rights, privacy rights, moral rights, image rights (or, publicity rights), or property rights;

(c) confidential or proprietary (including anything that you do not have the right to disclose generally to the public);

(d) intended for marketing, commercial, promotional or advertising purposes; or

(e) intended to distribute, any virus, worms, or other harmful or unauthorized computer code or files.

 

Ratings and Reviews

If your User Content includes your opinion about a product or service, then:

(a) you must have actually used the product or service and give your genuine opinion about your experience;

(b) if you have any relationship with Nestlé, you must clearly and visibly disclose it; for example, if you received any compensation or reward; if you work for Nestlé or another business which works with Nestlé or have a commercial relationship; if you participated to a promotion or you received any compensation, reward or incentive (money, discounts, free products, gifts, etc.) in connection with your User Content (even if it was unsolicited); and

(c) you must not falsely state or imply that your User Content is sponsored or endorsed by this Platform or Nestlé.

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

We may remove ratings and reviews that are not about your experience or violates these Terms and our policies. Your comments must be helpful and respectful. We will remove any content which is off topic, is not an acceptable content (as described above) or violates these Terms.

 

Feedback

We would like to hear from you and welcome your feedback regarding our existing products and business. To send your feedback, please see How to contact us section below. Any feedback shall be deemed to be non-confidential. Nestlé shall be free to use such information on an unrestricted basis. Please do not include any unsolicited idea in your feedback.

 

No unsolicited ideas

We do not accept or consider unsolicited ideas, suggestions, works or other materials, such as ideas for new products, campaigns, processes, materials, artwork, brand names and logos (“unsolicited idea”). By sending us any unsolicited idea, you agree that (a) your unsolicited idea will become Nestlé’s property, without any compensation to you and without any further formality; (b) there is no obligation to review it or to keep it confidential; and (c) Nestlé and its affiliates may use or redistribute the unsolicited idea for any purpose and in any way. Nestlé may already have developed (or may in the future develop) identical or similar ideas or materials or have obtained such ideas or materials from other sources. We are not liable for any similarity with your unsolicited idea.

 

Content Moderation, Suspension and Termination

We may, but are not obliged to, monitor, edit, remove or refuse to post any User Content at our sole discretion at any time.

We may immediately and without prior notice remove any of your User Content and/or suspend or terminate your use of this Platform (including your account) if we believe that you have not complied with these Terms.

We may, but not are obliged to, report relevant breaches of these Terms to regulatory and law enforcement bodies.     

 

Links

Links to third-party platforms

This Platform may contain links to third-party platforms (such as websites, social media platforms, mobile apps) (“third-party platforms”). We have no control over such third-party platforms and do not endorse their content. Nestlé is not responsible for the content and practices of such third-party platforms (data processing or other practices). Please read their terms and conditions. Your interaction with these platforms is at your own discretion and risk.

 

Links to our Platform

You may include a link on your own platform only if you comply with the following conditions: (a) you use the plain text name of this Platform and link to this Platform’s home page (without deep-links); (b) there is no content on your platform which is in violation of these Terms; (c) you do not state or imply any affiliation, endorsement or sponsorship by Nestlé; and (d) you comply with these Terms. We may withdraw any linking permission at any time at our sole discretion. When you link to this Platform, you shall not copy any Content in the servers that you use.

You may not use Nestlé Trademarks or Nestlé’s name, slogans, or any other terms identifying Nestlé or our Brands as a hyperlink button or thumbnail, metatag or any other manner without our prior written consent.

You may not embed or frame the Content or Platform in your platform.

 

Fitness and Nutrition Information

The information on this Platform is for your informational purposes only and is not intended for diagnostic or treatment purposes or as medical advice or services. Nestlé is not engaged in providing medical advice or services. You shall consult your health care provider for medical advice or services, for example, prior to undertaking a new diet or exercise program. Consultation with your health care provider is particularly important if you are under eighteen years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Platform.

 

Disclaimer

This Platform and the Content are on an “as is” and “as available” basis.

This Platform is a dynamic environment and like all software-based services, it cannot be promised to be free from errors, bugs, or inaccuracies, and may not be available at all times. We are not responsible for maintaining, or for any corrections, updates, or releases of, this Platform or the Content.

We may change or alter this Platform and the Content (in whole or in part) at any time at our sole discretion. We may modify, suspend or withdraw operation of or access to this Platform at any time at our sole discretion on a temporary or permanent basis including for maintenance and other technical reasons.    

We strongly recommend that you verify the suitability and compatibility of your computer system before using this Platform including by implementing measures to protect against security issues (such as installing anti-virus software). If you choose to download or copy anything from this Platform you do so at your own risk. We are not responsible for any damage or virus which could affect your computer system or other property by reason of your access to, use or downloading of anything from this Platform or for any illegal intrusion or intervention in our IT systems. 

We are not responsible for and do not endorse any User Content and you should apply particular caution when using it. Always take specialist advice when needed. Any reliance upon materials on this Platform is at your own risk.

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

All warranties and representations express or implied (including regarding the accuracy, merchantability and fitness for a particular purpose, non-infringement, or that this Platform or Content will be free from errors, bugs or virus, uninterrupted, or secure) in relation to any Content and/or arising out of or in connection with access to or use of this Platform are, to the fullest extent permitted by law, excluded from these Terms.

 

Limitation of liability

To the fullest extent permitted by law, all liability of any Nestlé affiliate is excluded in respect of any loss or damage, which may arise in connection with the use of or reliance upon any Content and/or arising out of or in connection with access to or use of this Platform.

However, nothing in these Terms excludes or limits our liability in connection with this Platform where it is unlawful to do so. Nothing in these Terms affects your statutory rights as a consumer.

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

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

 

Indemnity

You agree to indemnify Nestlé, its affiliates and their respective officers, directors, agents, consultants, contractors, and employees for any claims, damages, losses and fees (including attorney and other professional fees) attributable to your breach of these Terms or your use of this Platform (including the Content).

 

How to contact us

This Platform is operated by Nestlé Suisse S.A., P.O. Box 352, 1800 Vevey, Switzerland.

If you have any question or comment regarding this Platform, please feel free to contact us:

(i) info@ch.nestle.com 

(ii) +41(0)21 924 51 11

(iii) Nestlé Suisse S.A., P.O. Box 352, 1800 Vevey, Switzerland.

 

General

These Terms constitute the entire agreement between you and Nestlé with regards to this Platform and Content and supersede all other agreements between you and Nestlé with respect to the subject matter of these Terms. If any of the provisions of these Terms are unenforceable, such provisions will be replaced with provisions which best embody the intent of these Terms, and the remainder of these Terms will remain in effect. Any failure or delay by Nestlé in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of Nestlé’s rights or remedies. These Terms shall not be interpreted or construed to confer any rights or remedies to third parties.

 

 

Governing Law, Dispute resolution

In case you have a complaint, please contact us via contact us page first.

These Terms and any dispute relating to this Platform are exclusively governed by the laws of Switzeralnd, excluding its conflict of law rules, except that, if you are located in the European Union, the consumer protection regulations of your country of residence which are more advantageous to you will apply. The Vienna Convention on the International Sale of Goods 1980 (CISG) is not applicable.

All disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform shall be resolved and exclusively in the competent courts of Switzerland. If you are consumer resident in the European Union, you may make a claim relating to this Platform in the competent court of your country of residence. If you are a resident of the EU, we can only bring legal action against you in your country of residence.

Copyright ©2019-2022 Société des Produits Nestlé. All rights reserved.