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THE TERMS

1. Machine Location

You shall not move the Machine to a different location.

2. Risk and Ownership

The risk in the Machine will pass to you on delivery.

Nestlé owns the Machine at all times, until you pay for the Second Purchase. Until you own the Machine, you shall not sell, assign, sublet, pledge, mortgage, charge, encumber or part with possession of or otherwise dispose of the Machine.

3. Usage and Care

You are responsible for the safe-keeping and proper use of the Machine, in accordance with the instruction manual provided. You shall take precaution to prevent the Machine from being damaged, lost, stolen or interfered, and you shall be liable for any such damage, loss, theft or interference of the Machine.

4. Maintenance and Repair

During the Free-On-Loan Period, if the Machine breaks down or malfunctions in the ordinary course of usage, you need to bring the Machine to Nestlé’s Service Centre. Nestlé shall then arrange for the repair or exchange of the Machine, at no cost to you. For all other causes of break down or malfunction (for example improper or unauthorized use, your repair of the Machine without the written consent of Nestlé, negligence, accident, fire, theft or vandalism), Nestlé is not required to repair or exchange of the Machine. Nestlé technical assistance can be reached though the Toll Free Number 1800 836 7009 (Monday to Friday from 0900hrs to 1800hrs).

5. Price and Payment

You shall make payment for the First Purchase and/or Second Purchase via cash or credit card. Nestlé will not provide invoices for these purchases.

6. Limitation and Exclusion of Liability

The capsules are sold by Nestlé to you on a “as it is” basis. To the extent permitted by law, Nestlé makes no warranties relating to fitness for purpose, satisfactory quality, and any other warranties of any kind.

Nestlé will not be liable for any delay in delivery of the Machine that is caused by an event that is beyond Nestlé’s reasonable control or your failure to provide Nestlé with adequate delivery instructions.

Nothing in these Terms will limit or exclude Nestlé's liability for death or personal injury caused by its negligence, and for fraud or fraudulent misrepresentation. Subject to the foregoing:

(a) Nestlé will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Agreement; and

(b) Nestlé’s total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Machine.

7. Personal Data

Nestlé and its affiliates, service providers and commercial partners may collect, use and disclose all contact information and personal data provided by you to conduct verification and other actions in connection with this programme and Agreement. In addition, the above-mentioned parties may also collect, use and disclose the personal data for any promotional, advertising (included targeted advertising) or marketing activities which Nestlé believes may be of interest to you. This includes sending out marketing, advertising (including targeted advertising), communication and promotional materials to you relating to any products manufactured, marketed or sold by Nestlé and its affiliates, service providers and commercial partners.

Any information, personal data and material about or obtained from you may be accessed, stored or otherwise processed in any medium or format determined by Nestlé, and may be transmitted across national borders for storage and/or processing.

If you require access to your personal data or any amendment or correction to be made, or wish to withdraw consent to any specific use of your personal data, you should email the relevant Nestlé officer at privacy@SG.nestle.com. To find out more about how Nestlé uses your personal data, you can refer to Nestlé's Privacy Policy online at http://www.nestle.com.sg/info/privacypolicy.

8. Duration

The Agreement will expire at the end of the Free-On-Loan Period, or until you own the Machine, whichever is the earlier.

9. Termination without Cause

Either party may terminate the Agreement at any time by giving the other party no less than 5 days’ prior written notice.

10. Termination with Cause

Nestlé may without liability terminate the Agreement immediately, if you commit a breach of any of your obligations in the Agreement (including any payment obligations).

11. Effect of Termination

Upon termination, you shall return the Machine to Nestlé in a good working condition.

12. Amendments and Replacements

The Agreement supercedes any oral representations and agreements between Nestlé and you relating to the same subject matter. Nestlé may amend or replace the Agreement by giving written or email notice of any of these amendments or replacements to your last known address.

13. No Agency

Nothing in the Agreement is intended to, or will be deemed to, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

14. Defined Terms

All capitalized terms in the Terms have the same meanings given to them in the Programme Mechanics, unless specifically defined in the Terms.

15. Governing Law and Jurisdiction

The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with Singapore law. The courts of Singapore will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).