Terms & Conditions
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" 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 is subject to the terms and conditions set out in the Privacy Notice and the User Generated Content 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.
PURCHASING NESTLÉ PRODUCTS ONLINE
COPYRIGHT, TRADEMARK, AND RELATED ISSUES
All material, trademarks or other intellectual property on this site are either the property of Nestlé or affiliated companies, or are used with the authorization of the owners, and are subject to copyright.
Reproduction for personal use is permitted. Unauthorized modification, copying, hiring, lending, transmission and broadcast is prohibited. Material from this site may not be sold or otherwise distributed for profit. Links on Nestlé sites may take you outside the Nestlé network, and Nestlé accepts no responsibility for the content, accuracy or function of these sites; the links are provided in good faith, and we cannot be held responsible for any subsequent change in sites to which we link. While any personal details sent to Nestlé sites are subject to our policy on privacy and protection of personal data, we understand that all information you communicate to Nestlé through the Internet (including any remark, suggestion, idea, graphics, etc.) becomes and will remain our exclusive property with unrestricted rights to use it, without compensating you or anyone else for them. In addition, any such information will not have to be treated by us as confidential. The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this site belong to Nestlé. 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 any other content on this website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Nestlé will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
This website may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. Nestlé is not responsible for the content of any other site or for ongoing review of other sites.
CONSUMER GENERATED CONTENT
Nestlé owns, operates and/or manages various websites and social media sites and pages that permit consumers to submit, upload, post, display and/or otherwise publish content (the “Sites”). Such Sites may include, but are not limited to, websites, message boards, blogs, social network pages and comment boards.
Please be aware that, while we encourage participation on our Sites from a wide variety of sources, consumer activities on our Sites have not been verified by us and do not necessarily reflect our opinions, values and beliefs. Nestlé cannot guarantee the timeliness, accuracy, efficacy or veracity of any information provided on the Sites, nor the efficiency or applicability of any advice, opinions or content as they may be interpreted and applied by you. Nestlé personnel are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated on any of the Sites, or for any results obtained from the use of such information or advice.
Appropriate Conduct and Content
The Sites are made available for your personal, non-commercial use only. The Sites may not be used by you for any commercial or promotional purpose. The Sites are generally family-friendly spaces and we ask that you act accordingly when participating on the Sites.
By submitting, uploading, posting, displaying or otherwise publishing any data, text, information, photos, videos, links or other content (collectively, “Content”) to any of the Sites, or by using our suggested branded hashtag or similar designator in association with your Content, you accept and agree to be bound by these Terms and Conditions, and you represent and warrant in respect of such Content that:
1. (a) you are above the age of majority in your province or territory of residence, or you have the permission of a parent/legal guardian;
2. (b) the Content is original to you and you have all necessary rights in the Content and all of its components to submit, upload, post, display or otherwise publish it to the Sites;
3. (c) at the time that it is provided, any information contained within the Content is true, accurate, complete and not misleading and, for Sites where you are able to update such information, you will do so as appropriate to ensure that it remains true, accurate, complete and not misleading;
4. (d) it does not contain information or links that offer medical advice, improper or off-label use of products, addresses, email addresses, contact information or phone numbers, or contain any person’s personally identifiable information;
5. (e) it does not contain any viruses, bugs, worms, defects, Trojan horses, other items of a destructive nature or other elements that could impair, slow down or otherwise cause damage to any of the Sites, any other Nestlé property or the property of third parties;
6. (f) it does not contain any reference to or likeness of any third parties unless consent has been obtained from all such individuals (if any third parties are under the age of majority in their province or territory of residence, consent must be obtained from such individual’s parent or legal guardian);
7. (g) it is not hateful, obscene, indecent, threatening, harassing, abusive or otherwise inappropriate, including through the depiction of violent, humiliating, derogatory, racist, sexist, illegal, risky or vulgar scenes;
8. (h) it does not contain any commercial messages or URLs or links to other websites;
9. (i) it does not, and will not, in any way, give rise to any claims of infringement, libel or defamation, give rise to any claims for any payment whatsoever or breach the rights of any third parties, including any rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property and does not encourage activity that is unlawful or that may create risks of legal liability or harm to others;
10. (j) it does not, and will not, in any way, harm, defame or impair the public image and goodwill of Nestlé or any of its brands; and
11. (k) it does not and will not, in any way, violate any applicable laws or regulations or any rules, terms or conditions applicable to the relevant Site.
12. (l) For product reviews, specifically:
1. i. The review must be focused solely on the product you are reviewing, and based on your actual experience and knowledge;
2. ii. The review must be written by someone in Canada; and
3. iii. The review must be in either English or French.
13. (m) OTHER
YOU MAY NOT USE ANY OF THE SITES FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT YOU SUBMIT, UPLOAD, POST, DISPLAY OR OTHERWISE PUBLISH TO ANY OF THE SITES AND YOU AGREE THAT NESTLÉ SHALL BEAR NO LEGAL LIABILITY, EXPRESS OR IMPLIED, IN RELATION TO ANY SUCH CONTENT, INCLUDING IN RELATION TO ANY USE MADE OF ANY SUCH CONTENT BY NESTLÉ.
While Nestlé prohibits such conduct and content on its Sites, you understand and agree that you nonetheless may be exposed to such conduct and content through the Sites and that you use the Sites at your own risk. THE SITES ARE BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
Without notice to you, we may, but shall have no obligation to, refuse, edit, and/or remove Content for or from the Sites that we determine, in our sole and absolute discretion, to be unauthorized, unlawful or otherwise in violation of these Terms and Conditions.
Right to Monitor or Remove Content
Nestlé reserves the right to change, condense, remove or delete (or refuse to post) any Content at any time, including if Nestlé deems, in its discretion, that the content violates these terms. Nestlé does not guarantee that you will have any ability to edit or delete any content you have submitted. You acknowledge that Nestlé is not responsible for your Content posted by any third parties. Your Content is not subject to any obligation of confidence on the part of Nestlé, its agents, subsidiaries, affiliates, partners or third party service providers, or any of their respective directors, officers and employees.
Examples of Illegal or Unauthorized Uses Include, but are Not Limited To:
Modifying, adapting, translating, or reverse engineering any portion of the Sites; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Sites; collecting any information about other consumers (including usernames and/or e-mail addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of the Sites; creating user accounts by automated means or under false or fraudulent pretences; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other consumers or otherwise interfering with other consumers’ enjoyment of the Sites; submitting Content that falsely expresses or implies that such Content is sponsored or endorsed by the Sites; submitting Content that is unlawful or promotes or encourages illegal activity; displaying an advertisement as part of a profile; and any automated use of the system, including the use of scripts to send messages or post comments; or submitting false or misleading information.
Licence to Use Content
By submitting, uploading, posting, displaying or otherwise publishing any Content to any of the Sites, or by using our suggested branded hashtag or similar designator in association with your Content, you:
1. (n) automatically grant to Nestlé and its agents and designees, in perpetuity, a worldwide, non-exclusive, royalty-free, irrevocable licence to publish, display, reproduce, modify, edit or otherwise use such Content, in whole or in part, in its original form or as edited or modified in any way at the direction of Nestlé, anywhere in the world and in any and all forms of media whatsoever, including on the Sites, for any advertising, promotional, commercial or other lawful purpose whatsoever, in the sole and absolute discretion of Nestlé;
2. (o) waive any and all moral rights you may have in and to the Content in favour of Nestlé and its agents and designees; and
3. (p) agree to release, defend and indemnify Nestlé and its agents and designees from any and all liability, claims, losses, actions or damages of any kind, whether actual, incidental or consequential, arising out of or relating in any way to the Content or the use of the Content in any way by Nestlé, its agents or its designees, including any and all liability, claims, losses, actions and damages based upon rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property.
Submissions to our Sites
Please do not submit, upload, post, display or otherwise publish any Content to any of the Sites that constitutes a trade secret or confidential or proprietary information. We are not in a position to accept such information, nor can we agree to obligations of non-disclosure or confidentiality with regard to submitted plans or ideas. You agree that any Content that you, or individuals acting on your behalf, submit, upload, post, display or otherwise publish to any of the Sites will not be considered confidential or proprietary.
Moreover, Nestlé is free to use and reproduce such Content, and any ideas, artwork, inventions, developments, suggestions and concepts contained in any such Content, freely and for any purposes whatsoever (including, but not limited to, for the purposes of developing, manufacturing, advertising and marketing of products). Any such use or reproduction is without compensation to you. Nestlé is under no obligation to use any Content submitted. You understand that Nestlé employs both internal and external resources that may have developed or may in the future develop ideas identical or similar to the ideas in any Content submitted by you.
In the event that you submit your email address in connection with a product review, you agree that Nestlé and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes connected to your review. Nestlé will not contact you for any other purpose, unless you have opted in to receiving electronic messages through other platforms. If you consent to receive electronic messages from us through various Nestlé platforms, such consent will be governed by the terms that you agreed to when you provided your consent.
The Nestlé Group products, materials, offers and information appearing on this website are intended for Canadian consumers 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.
LIMITATION OF LIABILITY
The Nestlé Group and/or any other party involved in the creating, producing or delivering this website 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 this website 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.
Without limiting the foregoing, everything on this site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.
RETURNS, REFUNDS AND CANCELLATIONS
Returns: No product returns are permitted.
Refunds: We want all our customers to be satisfied with their orders so if you feel something is not right please contact us immediately at https://contact.nestle.ca and we will be more than happy to assist you, evaluate the case and issue a refund if applicable. A refund is only applicable if the product is damaged or contaminated upon your receipt of the product in the discretion of the Nestlé Group (such as if the product is received deformed or if there are foreign materials in the product).
Late or missing refunds (if applicable): If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at https://contact.nestle.ca/.
Exchanges (if applicable): We only replace non-food items if they are defective or damaged. If you need to exchange it for the same item, contact us at https://contact.nestle.ca/.
Cancellations: You can cancel your order within 24 hrs of the order being placed. Please contact us at https://contact.nestle.ca/
PAYMENT METHODS ACCEPTED
www.chocolatory.kitkat.ca accepts Visa, MasterCard and American Express debit and credit cards. In the final step of the checkout process, we'll ask for your credit card information. Please enter your card number without any spaces or dashes. Please also enter the three- or four-digit security code printed on either the front or the back of your credit card. Please note that your card will be charged upon submission of your order. You can safely enter your entire credit card number via our secure server, which encrypts all submitted information.
Trouble Placing an Order?
Your business is important to us. If you are receiving an error message or having other difficulties completing an order at www.chocolatory.kitkat.ca, please read through the suggestions below.
Unsure if your order went through?
Sometimes an order will be successfully submitted even if there appears to be an error on the last step of the checkout process. Before attempting to place the order again, please contact consumer services at 1-800-387-4636.
Error message when you log in
If you receive an error message that reads Invalid login, please try again. It is possible that you have entered an incorrect User Name or Password. Please verify that the User Name and Password entered are correct. The information stored in our system is the information you provided when you first created your account. If you have forgotten your password, please click the "Forgot Password" link and type in your email address. Within a few minutes, our system will email you the password that is contained in your account profile.
Error message on Credit Card Information page
Make sure that you have selected the correct credit card type and expiration date from the dropdown boxes.
Verify that the credit card number was entered correctly, without any spaces or dashes. If you are using a new (or recently reissued) credit card, please be sure that you have activated the new card before entering it into the order form.
Errors with Shipping and Billing Address information
Please be sure to enter your complete (and correct) shipping and billing address information as it appears on your credit card statement. Our system utilizes a database to verify that the postal code provided matches the correct city and province.
Page keeps looping back or is not updating
If you are being looped back to the same page in the shopping or checkout process, or if the page is not updating when you make changes, your Web browser may be caching, or storing, an old copy of the page.
You can force your browser to update the page by holding down the Shift key on your keyboard and simultaneously clicking the Reload or Refresh button on your browser.
These errors usually occur for only a short time. Please return to our Web site and try again later.
Other troubleshooting tips:
If your problem is not listed above, it's possible that one of these suggestions may help:
Refresh the page:
If a page loads only halfway or takes a very long time to load, try clicking the "Stop" button at the top of your browser and then click "Reload" or "Refresh," which often solves the problem.
Clear your cache:
Most Web browsers temporarily store a local copy of every page you visit. Clearing your cache deletes those files and makes room for new ones. Go to the "Cache" or "Temporary Internet Files" option on your browser (on Internet Explorer, go to "Tools" and choose "Internet Options," or if you use Netscape, go to "Options" and choose "Network Preferences") and delete the files stored in your cache.
If none of these suggestions solves your problem, please Contact Us, and we'll be happy to help you. When sending us a concern about having difficulties placing an order, please include as much information as possible, including:
- What point in the ordering process is causing you trouble?
- If you are receiving an error message, what does it say?
- What items are you trying to order?
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to modify or terminate any Site or service therein for any reason, without notice and without liability to you, any other consumer or any third party. We also reserve the right to modify these Terms and Conditions from time to time without notice. You are responsible for regularly reviewing these Terms and Conditions so that you will be apprised of any changes.
STANDARD TERMS AND CONDITIONS FOR NESTLÉ WEBSITES
In addition to these Terms and Conditions, you agree to be bound by the terms and conditions of this Site, as the same may be modified and updated from time to time, with respect to your use of the Site.
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