User Agreement

Read the following User Agreement carefully before proceeding to using the Chocollabo KITKAT service provided by Nestlé Japan Limited (hereinafter referred to as Nestlé). This service is available only for a customer who agrees to this User Agreement. A customer shall be deemed to have consented to this User Agreement by using this service.

User Agreement

Article 1: Service Overview
Chocollabo KITKAT (hereinafter referred to as the Service) refers to the following services that Nestlé provides via Internet for a customer who resides in Japan.
1. Chocollabo KITKAT original print service
Nestlé takes orders for Chocollabo KITKAT from a customer via order reception systems that Nestlé administrates, and provides the ordered product to a customer.
2. Other services to be provided in the future
Article 2: Scope of Application
This User Agreement shall apply to a customer and Nestlé in terms of the use of the Service by a customer.
Article 3: Customer Commitment
1. A customer shall receive the product, which is ordered through the Service, via delivery method that a customer selected and pay the charges by payment method that a customer agreed at the time of placing an order. In case that a customer selected either delivery method to receive the product, excluding the specified cases, a customer is responsible for receiving the product within one month after the day the product became available for being received.
2. A customer will be charged for any communication fees arising from accessing to the Service.
Article 4: Handling of Customer Information
1. With regard to the use of the Service by a customer, Nestlé shall properly manage the following information (hereinafter referred to as customer information) that is sent to, recorded, and stored in the order reception systems and image data storage systems that Nestlé administrates.
(1) Information that a customer provides when placing an order, such as name, address, phone number, and e-mail address
(2) Information that a customer provides in the process of using the Service, such as a credit card number for price settlement and an address for delivery destination
(3) Image data that a customer provides in the process of using the Service
2. Nestlé shall use the customer information within the scope of the following purposes.
(1) To create and provide the product for a customer
(2) To receive an order from a customer
(3) To save ordering information in order to enhance the accessibility for the use of the Service by a customer
(4) To notify a customer of an important information with regard to the Service
(5) To send direct mails for the purpose of providing the information on the Service if a customer gives permission
(6) To prepare statistical documents without specifying an individual customer
Article 5: Disclosure of Customer Information
Nestlé shall not disclose or provide the customer information to a third party, excluding those which fall under any of the followings.
(1) When a customer gives prior consent to disclosing the information
(2) When Nestlé consigns the operations which are required for providing the ordered products and services
(3) When Nestlé consigns the operations with regard to the management and administration of the Service
(4) When Nestlé discloses the information, such as customer name and credit card number, to financial institutions to make price settlement for the ordered products and services
(5) When Nestlé provides the information to an assignee for merger, corporate de-merger, business transfer, and other concerned reasons
(6) When it is necessary to urgently disclose the information to protect human life or human rights
(7) When Nestlé cooperates with a legal request for disclosure by public agency, such as judicial institutions and police
(8) When Nestlé receives a legal request for disclosure
Article 6: Prohibited Conducts
A customer is prohibited from engaging in any of the followings with regard to using the Service.
1. (1) Reporting or submitting of false information for using the Service
(2) Manipulating the provided information and the computer programs in the Service
(3) Sending or writing harmful computer programs
(4) Acts that infringe copyright and any other rights of Nestlé or a third party
(5) Acts that involve slanderous and libelous conducts or infringe reputation or credibility of Nestlé or a third party
(6) Acts that violate or are likely to violate privacy
(7) Acts that interrupt the operations by Nestlé, registered stores, or any other third parties
(8) Releasing, posting, or sending the information, such as improper or violent image or audio, to the Service
(9) Acts that infringe or are likely to infringe the property rights, personal rights, honor, credit, and privacy of other customers, a third party, or Nestlé
(10) Acts that threaten public order and standards of decency as well as laws and regulations
(11) Acts that involve business activities targeting the unspecified large number of people
(12) Acts, regardless of the methods, that may interrupt the operations of the Service
(13) Any other acts that Nestlé recognizes to be inappropriate

2. Nestlé shall not be liable for any damages or disputes arising from a violation of any of above by a customer.
If such violation incurred any damages to Nestlé, a customer shall be liable for compensating the damages.
Article 7: Amendment to User Agreement
A customer shall provide prior consent that Nestlé can amend the User Agreement if Nestlé recognizes that there is any reasonable reason. Nonetheless, Nestlé shall post the notice on corporate website in case there is any amendment.
Article 8: Suspension of the Service
1. Nestlé reserves the right to immediately suspend the Service without reporting to or permission of a customer in such case that there is a violation of the User Agreement, an interference with the management of the Service, a need for cooperating to a legal request by public agency, such as judicial institutions and police, or any urgent situation recognized by Nestlé.
2. In case that the measures described in the preceding paragraph incurred any damages to a customer, Nestlé shall not be liable for the damages.
Article 9: Cancellation of an Order
Even after an order is placed, Nestlé reserves the right to cancel the order by following reasons.
(1) When the transaction was not approved based on an assessment by credit card company
(2) When the false personal information of a customer was found
(3) When an ordered print service contained the information that threatens public order and standards of decency
(4) Any other cases that Nestlé recognized necessary to cancel an order
Article 10: Delay of Delivery
Although Nestlé strives for a timely delivery upon receiving an order from a customer, delivery may be delayed by natural disasters, system troubles, or any other unexpected incidents. In such case, Nestlé shall not be liable for any direct or indirect damages caused to a customer or a third party.
Article 11: Return of the Product
1. With respect to the nature of the product, Nestlé principally will not accept a return of the product.
2. Nestlé shall accept a return and an exchange of the purchased products and services upon following cases.
(1) When the delivered product was different from what was ordered
(2) When the quantities of delivered product were different from the ordered quantities
(3) When the delivered product had spot, scratch, or damage
(4) Any other cases that Nestlé recognized that return is appropriate


3. A return and an exchange, described in the preceding paragraph, can be done on the basis of the following conditions.
(1) A product to be returned or exchanged shall be unopened.
(2) A request for a return or an exchange shall be sent in accordance with the procedures specified by Nestlé within 7 days after the product is delivered.
(3) Any other conditions that Nestlé separately specifies
Article 12: Notification
Nestlé reserves the right to notify a customer via registered e-mail address. A notification to a customer by Nestlé is deemed to be delivered to a customer when an e-mail is transmitted to a registered e-mail address. Nonetheless, in terms of an indication of intention, such as an indication regarding a cancellation of the Service, that will change a legal relationship between Nestlé and a customer, such as occurrence, change, or termination, a notification shall be deemed to be effective when a written document or an e-mail is delivered to a customer.
Article 13: Special Conditions
If there are concerned special conditions, apart from this User Agreement, with regard to individual product or service provided through the Service, such special conditions are deemed to precede this User Agreement in a scope different from this User Agreement. Thus, a customer must abide by this User Agreement as well as the concerned special conditions.
Article 14: Discontinuation and Cancellation of the Service
1. Nestlé reserves the right to discontinue or cancel a part or all of the Service without notifying a customer if any of the followings apply.
(1) When Nestlé conducts periodical or urgent maintenance, makes modifications, or provides supports for malfunction of the devices and systems that are required for providing the Service
(2) When providing the Service becomes impossible or unreasonably difficult due to Force Majeure, such as fire, power failure, or natural disasters
(3) When an incident, such as failure to communication line, occurs
(4) Any other cases that Nestlé recognizes that discontinuation or cancellation of the Service is necessary for management or technical reasons or it is difficult to provide the Service due to unexpected conditions
2. Nestlé reserves the right to terminate a part or all of the Service by providing a customer with an advance notice of more than one month.
3. If discontinuation or cancellation of the Service incurs any disadvantages or damages to a customer, Nestlé shall not be liable for the disadvantages or damages.
Article 15: Claims for Damages and Disclaimer
1. In terms of using the Service, when a violation of the User Agreement or engagement in improper or illegal acts by a customer incurred any damages to Nestlé or registered stores, a customer is liable for compensating for the damages.
2. In terms of using the Service, when a dispute arises between a customer and a third party, a customer is liable for the costs and burden for solving the dispute to ensure not to cause any damage to Nestlé.
3. Nestlé shall not be liable for any damages arising from the use of the Service by a customer.
Article 16: Applicable Laws
This User Agreement shall be governed by Japanese laws.
Article 17: Exclusive Agreement Jurisdictional Court
In terms of the User Agreement or using the Service, if a dispute arises between Nestlé and a customer, the Tokyo District Court shall be the exclusive agreement jurisdictional court.
Article 18: Proprietary Rights of the Service
All programs, software, services, procedures, trademarks, trade names and all incidental technology comprising the Service shall belong to Nestlé.

Last updated on January 1, 2010
Nestlé Japan Limited