Terms and Conditions

Monday, May 1, 2017

Thank you for visiting this website. Please read the Terms and Conditions contained in this document carefully since any use of this website constitutes your acceptance of the Terms and Conditions set out herein.

Throughout this site, the terms "we", "us", "our" "Nestlé", “Nestle Professional”, “NP” and "Nestlé Group" refer to Nestlé Canada Inc. and any of its affiliated companies as appropriate to the context. “You” refers to any person accessing and/or using this website.

Website Privacy Notice

Any personal information or material sent to this website or submitted via the Nestle Professional registration form is subject to the terms and conditions set out in the Privacy Notice and these Terms & Conditions, both of which are located on this website.

Accuracy, completeness and timeliness of information

While we use all reasonable attempts to ensure the accuracy and completeness of information on this website, we are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website

Transmission

Any non-personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non- confidential and non-proprietary. Anything you transmit or post becomes the property of the Nestlé Group and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.

Furthermore, the Nestlé Group is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted that it is not defamatory and that the Nestlé Group's use will not violate any third party's rights or otherwise place us in breach of any applicable laws. The Nestlé Group is under no obligation to use the information submitted.

Intellectual property rights

All copyright, trademarks and other intellectual property rights in all text, images and other materials on this website are the property of the Nestlé Group or are included with the permission of the relevant owner.

You are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices and that the trademark notice below appears on such reproductions. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.

® Reg. Trademark of Société des Produits Nestlé S.A. All rights reserved.

The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this website belong to Société des Produits Nestlé S.A. part of the Nestlé Group. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Your use/misuse of the Trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that the Nestlé Group will vigorously enforce its intellectual property rights to the fullest extent of the law.

Links to other websites

Links on the Nestlé Group websites may take you outside the Nestlé Group network and systems and the Nestlé Group accepts no responsibility for the content, accuracy or function of these other third party websites. The links are provided in good faith and the Nestlé Group cannot be held responsible for any subsequent change in other

third party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by the Nestlé Group. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

Nestle Professional Program

We have created the “Nestlé Professional” Program ( the “Program”) to provide Nestlé Professional consumers with communications from Nestle including articles, newsletters, recipes, offers, promotions and information related to Nestle Professional and Nestle products and services (“Nestlé Communications”). In order to be eligible to receive these Communications, you must register and become a member of the Program. By registering and becoming a member of the Program, you agree to be bound by these Terms and Conditions, and our Privacy Policy.

1.    Eligibility

In order to be eligible to register with Nestlé Professional and to receive the Nestlé Communications, you must be at least the age of majority in your province or territory at the time of registration. Only one registration with Nestle Professional is permitted per Canadian resident. This eligibility is subject to other conditions as applicable for individual promotions.

2.    Registration

To register for  the Program and receive Nestlé Communications, you must click on the  “Register” icon on this website, complete the registration instructions and provide all required information (including, without limitation, your full name, a unique and valid email address and your postal code).

3.    Disputes and Uncertainty

If there is any dispute or uncertainty regarding any aspect of this website or your registration, including, without limitation, the identity of any Nestlé Professional registrant, our determination of such dispute or uncertainty will be conclusive and final.

4.    Cancellation

Program membership may, from time to time, be restricted, suspended, cancelled, amended or otherwise altered without notice to you (except as may be required by applicable law). Such restriction, suspension, cancellation or amendments shall be all in our sole discretion.

5.    Suspension, Termination or Deactivation of Membership

We may terminate your membership in, or access to, Nestle Professional, at any time without notice to you or liability to us, and for any reason in our sole discretion, including, without limitation, any actual or suspected unauthorized or fraudulent use of this website or your actual or suspected failure to comply with any of these Terms and Conditions and our Privacy Policy. We are under no obligation to continue the Program, compensate you for such suspension or termination, or provide you with any notice of its suspension or termination. We reserve the right to deactivate Nestle Professional memberships or purge account data, from time to time, should your account be inactive.

6.    Personal Information

In order to register for, and participate in, the Program you must provide us certain required personal information about yourself. If you do not provide us the required personal information about yourself, you may not register for, or participate in, the Program. We collect, use and disclose your personal information in accordance with our Privacy Policy.

7.    Electronic Messages

As part of registering for the Program, you may be asked whether you consent to receive commercial electronic messages from us, including, without limitation, email, push messaging or SMS messages. Such consent is not required to participate in the Program. If you consent to receive electronic messages from us through various Nestlé programs, such consent will be governed by the terms that you agreed to when you provided your consent. In addition, if you consent to receive such electronic messages, such electronic messages may be subject to text message and data rates from your telecom provider. If you consent to receive electronic messages from us and wish to no longer receive such electronic messages, you can click “unsubscribe” on any of those electronic messages, at any time, or Contact Us.

Warranties

This website is provided to you on an "As Is" and "As Available" basis and, consequently, the Nestlé Group gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability or satisfactory quality and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties, that access to this website will be un- interrupted or error-free or free from viruses, that this website will be secure, that any advice or opinion obtained from the Nestlé Group through this website is accurate or to be relied upon and any representations or warranties thereto are accordingly expressly disclaimed.

Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.

We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time.

Liability

The Nestlé Group and/or any other party involved in the creating, producing or delivering of this website (including Nestlé Professional) on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us.

The Nestlé Group and/or any other party involved in the creating, producing or delivering of this website (including Nestle Professional memberships) shall have no responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.

Further, the Nestlé Group shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.

To the maximum extent permitted by applicable law, you expressly waive all claims against Nestlé Group, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.

Prohibited Activity

You are prohibited from doing any act that the Nestlé Group in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:

Any act that would constitute a breach of either the privacy (including submitting private information without the concerned individual's consent) or any other of the legal rights of individuals;

Using this website to defame or libel the Nestlé Group, its employees or other individuals or acting in such a way that brings into disrepute the good name of the Nestlé Group;

Submitting information that contains viruses that may cause damage to the property of the Nestlé Group or the property of other individuals; and

Submitting or transmitting to this website any non-authorized material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of Nestlé Group or third party´s systems or network security, defamatory, racist, obscene, threatening, pornographic or otherwise unlawful.

Jurisdiction and Governing Law

The Nestlé Group products, materials, offers and information appearing on this website are intended for Canadian users and/or customers only. The Nestlé Group makes no representation that the products and the content of this website are appropriate or available in locations other than Canada. The products appearing in this website are only visual representations and as such are not in their real size, packaging colour etc.

You and the Nestlé Group agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein (excluding any conflict of laws, rule or principle that might refer such interpretation to the laws of another jurisdiction). You and the Nestlé Group irrevocably submit to the exclusive jurisdiction of the courts of Ontario with respect to any such controversies or claims.

Legal notice update

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.

For More Information

If you have any questions regarding these Terms and Conditions or Nestle Professional memberships, please Contact Us online or write to us or call us at:

Nestle Professional Canada

Call: 1-800-288-8682

E-mail: [email protected]

2450 Stanfield Road, Unit A | Mississauga, ON L4Y 1S2

©2017 Nestlé. All rights reserved.