Terms of use

This document, Terms of Use, contains information about the platform called "Nestlé eCommerce Academy" and aims to establish the conditions for the registration and use of the services offered by the platform. The platform is intended exclusively for NESTLÉ Customers, as detailed later.

These Terms of Use are linked to the Privacy Policy | NESTLÉ applicable to each country where the Platform operates, according to information available to USERS at the end of this document. This Privacy Policy addresses issues regarding the processing of personal data of USERS of NESTLÉ's platforms.

These Terms of Use may be updated. In that case, the modifications will be duly notified to the User.

Privacy Policy and Legal Compliance

Recognizing the global reach of the Internet, the USER agrees to comply with the applicable local laws in the country of use of the platform, which regulate the conduct of USERS on the web and acceptable content.

Registration and Use of the Platform

After reading these Terms of Use and the Privacy Policy | NESTLÉ, and accepting its terms, the USER confirms that they are legally capable, in accordance with the applicable laws in their country. If they do not agree with these Terms of Use and/or the Privacy Policy | NESTLÉ, the USER will not be able to complete the registration, being prevented from accessing the Platform, registering for its activities, and accessing the exclusive functionalities of the Platform for registered USERS.

  1. DEFINITIONS
    • For the purposes of interpreting and applying these Terms of Use, the following words and expressions will have the meanings indicated below:
      • Platform: The website https://www.nestleacademiadeecommerce.com/, and its software, designs, database, and technological structure intended exclusively for NESTLÉ clients. That is, the Platform is not designed or enabled to be used by consumers or third parties unrelated to the clients and their staff (or individuals directly related to the client).
      • Client: The Clients of the pharmaceutical channel who have been enabled by NESTLÉ to participate in the Nestlé eCommerce Academy and benefit from its content, have accepted to participate in the online Platform under these Terms of Use, other guidelines from Nestlé, and the law.
      • USER(s): Any employee or person who registers on behalf of NESTLÉ's Clients on the Platform. It will be the Clients' responsibility to correctly assign the individuals who access the Platform on their behalf, who must be employees or persons directly related to their operation and relevant to the business relationship with Nestlé.
      • NESTLÉ Account: Account created for the USER defined by personal and non-transferable credentials (login and password), which allow access to the restricted areas of some of the official NESTLÉ platforms and their exclusive functionalities.
      • Official Platforms of NESTLÉ: A set of websites, software, designs, databases, technological structure, application programming interfaces (APIS for its acronym in English), pages, and others owned by, maintained, and operated by NESTLÉ.
      • Privacy Policy | NESTLÉ: The policy that contains the privacy and data protection rules for USERS, which complements and integrates these Terms and Conditions of Use. The Privacy Policy applicable to each participating country of the Platform is indicated at the end of this document.
      • Content and Intellectual Property: The set of intellectual assets owned by NESTLÉ or owned by third parties whose use has been made available on the Platform.
  2. THE PLATFORM
    • The Nestlé eCommerce Academy Platform aims to provide NESTLÉ customers with classes, training, and other educational content related to the creation and maintenance of e-commerce platforms.
    • The content available on the Platform is for guidance and improvement, with the aim of supporting our Clients on their digital journey. NESTLÉ is not responsible in any way, under any circumstances, for results nor does it provide guarantees regarding any practical application of the shared content and guidance, maintaining that Clients have direct responsibility for any business decision and of any kind.
  3. HOW TO USE THE PLATFORM AND ITS LINKS
    • Through the services and features available on the Platform, the USER can access stories, ideas, photos, information, images, videos, or any other content ("content"). The objective of the Platform is to deliver content to USERS; it is not intended for USERS to create or disseminate content inside or outside the Platform, except for the interactions that are permitted to them as USERS as provided in this document.
  4. OFFICIAL PLATFORMS OF NESTLÉ
    • The USER is not allowed to misuse the Platform or its content, for example, by attempting to access it through a method other than the interface and instructions we provide. The USER may use the Platform only as permitted by applicable law and in accordance with our guidelines and provisions set forth in this document.
    • NESTLÉ reserves the right to suspend or cease providing access to the Platform if the USER does not comply with our terms or policies or applicable laws, as well as in the event that NESTLÉ must investigate possible misconduct or, in general, any situation that in NESTLÉ's opinion warrants the suspension of access and use of the Platform.
    • NESTLÉ assumes that by giving consent for data collection, the USER has carefully read the Terms of Use and the Privacy Policy established on the Platform.
    • As a result of your access to the Platform, we may send you administrative messages and other information. However, you will be able to opt out of receiving some of these communications.
  5. INTELLECTUAL PROPERTY RIGHTS
    • The use that the USER makes of the Platform does not grant him intellectual property rights over it or over the content he accesses. He cannot use any content from the Platform outside the purposes provided in this document. These terms do not grant him the right to use in any way any trademark or logo existing on the Platform of any entity. The USER must not remove, hide, or alter any notice displayed on the Platform.
    • The Platform displays some content that is not owned by NESTLÉ. This content is the sole responsibility of the entity that makes it available to NESTLÉ for use and deployment on the Platform. In this regard, NESTLÉ does not hold any responsibility for the content or recommendations of such material.
    • The content of the Platform includes, but is not limited to, illustrations, photographs, videos, applications, software, databases, networks, files, texts, designs, headers, and any other authorial and intellectual creation.
    • These elements are the exclusive property of NESTLÉ or their respective owners (in which case they are used with the respective authorization) and are protected by laws and international treaties, including applicable local laws in Latin America.
  6. AUTHORIZATION FOR IMAGE USE
    • Creating or disseminating content by THE USER is not allowed either within or outside the Platform, with all use of the Platform being the exclusive responsibility of THE USER. Notwithstanding the above, in the event that THE USER uploads or disseminates any content, within or outside the Platform, such action and its consequences will at all times remain the exclusive responsibility of THE USER, reserving NESTLÉ the right, at its sole discretion, to remove any content or publication made by THE USER.
    • In this regard, the USER exempts NESTLÉ from any third-party claims caused by their conduct and, in general, from any behavior and use given by the USER to the Platform. NESTLÉ reserves the right to take actions that may be appropriate, including legal action, in the event of suffering any risk or damage resulting from a third-party claim for any fact related to the use of the Platform by the USER.
    • By interacting on the Platform, the USER grants permission for NESTLÉ to display their USER name, profile picture, and information about their actions (such as 'likes' and comments made by the USER), without any payment or compensation of any kind, including monetary. The authorization granted here covers all rights related to the dissemination of the USER's personality rights, jointly or separately.
  7. LICENSE FOR USE AND TRANSFER OF COPYRIGHT
    • By using the Platform, the USER can upload questions, comments, suggestions, ideas, and other interactions that align with the purposes of the Platform (User Content). By sharing the Content, you guarantee that you are the owner of the Content and that it is not defamatory and that the use of NESTLÉ will not violate any third-party rights or the law. NESTLÉ is not obligated to use or interact with the information provided.
    • By sharing the Content, the USER grants NESTLÉ the intellectual property rights for any purpose related to the Platform, free of charge, globally and for the entire legally permitted duration of the economic rights of the author.
    • Everything that the USER shares on the Platform may be freely used by NESTLÉ for any purpose, including reproduction, dissemination, transmission, publication, broadcasting, and posting. NESTLÉ may use, disclose, display, store, and make such Content available freely, with any third party and for any purpose, including editing, translation, modification, creation of derivative works, and publication, whether in electronic environments and/or any suitable medium for information fixation, including, but not limited to, internet environments, intranet, other public or private data networks, mobile devices (such as cell phones) and wearable devices, computers and devices with information processing capabilities, physical media such as CDs, DVDs, memory cards, hard drives, or any other electronic information storage medium, as well as traditional media such as TV, printed paper, and even literary, educational, and similar works.
  8. USER RESPONSIBILITY
    • It is the sole and exclusive responsibility of the USER:
      • Provide your own Internet access and pay any service fee that may be charged by third parties in connection with such access.
      • Provide all the necessary equipment to establish your Internet connection, including (but not limited to) a smartphone or a computer.
      • Create your own account on the site, being responsible for the accuracy and truthfulness of the information provided, as well as for the safekeeping of your login and password.
      • Keep your computing environment secure by using available and updated tools (such as antivirus and firewall) in order to contribute to the prevention of electronic risks in your activities as a USER.
      • The use of material and/or content that may infringe the rights of third parties or laws.
      • The content made available on the Platform, ensuring that it does not infringe any rights, including those of third parties, and ensuring that such content is within the permitted for USERS, as established in this document.
      • Any type of communication and transaction made by the USER on the Platform, including with other USERS, acknowledging that NESTLÉ has no responsibility for such activities.
      • All information and data provided by USERS reflect only their own and respective opinions, with no participation or co-authorship from NESTLÉ.
      • NESTLÉ does not previously analyze such information and data, so each USER is exclusively responsible for all the content they make available on the Platform, as well as their own conduct.
  9. YOUR NESTLÉ ACCOUNT AND PERSONAL DATA MANAGEMENT
    • By registering on this Platform, the USER registers in the NESTLÉ database and, therefore, will be able to register on other official NESTLÉ platforms, and the respective tools and functionalities of the platforms, with the same credentials.
    • By registering on any of our platforms, the USER will have a NESTLÉ Account that will give them access to other official NESTLÉ platforms.
    • To create this Access Account, the USER must provide some personal data, which will be processed under the terms of the Privacy Policy | NESTLÉ and in accordance with the respective applicable laws regarding data protection and data privacy in Latin America.
    • Your NESTLÉ Account is very personal in nature and its assignment, sale, rental, or transfer is strictly prohibited. If you suspect or are aware of any unauthorized use of your password or account, please report it through our Help Center.
    • In order for the USER to enjoy the services available on the official NESTLÉ platforms, it is necessary to register. The USER must provide true, accurate, current, and complete information about themselves when registering on the specific form to access the site, and immediately maintain and update such registration information to keep it true, accurate, current, and complete. NESTLÉ assumes no responsibility for the use of its official platforms, the application, or the processing of such information by the USER, even if it does not comply with its nature and function.
    • To use the official platforms of NESTLÉ, the USER must be capable and of legal age according to local legislation. By accepting NESTLÉ's Privacy Policy and these Terms of Use, you affirm that you are of legal age according to local legislation and, therefore, legally responsible for accepting these documents.
    • When accessing any of the official NESTLÉ platforms for the first time, the USER must provide the login that will be used for their identification, as well as create their password, being fully responsible for its confidentiality, as well as for any activity that occurs within the scope of their registration. The USER can change their password at any time.
    • The USER agrees to immediately notify NESTLÉ of any suspicion of unauthorized use of their login or security breach. They also agree to take the necessary measures to protect the confidentiality and security of their registration, such as leaving the open platform on the computer after entering their login and password in the NESTLÉ Account, thus preventing unauthorized use by third parties.
    • It is our policy to respect the privacy of our Users. Therefore, we will not monitor, edit, access, or disclose Users' private information without their prior authorization, except in cases expressly provided for in the Privacy Policy | NESTLÉ or when we are required to do so by court order or by law.
    • NESTLÉ may also, at its sole discretion and without any charge, cancel passwords and/or the use of the NESTLÉ Account due to a mere suspicion of violation of any legal provision or these Terms of Use.
  10. CANCELLATION OF NESTLÉ ACCOUNT OR DELETION OF PERSONAL DATA
    • The USER can request the cancellation of their NESTLÉ Account, through a written request via Contact Us, leaving as Subject Inquiry, and in the body of the message formalizing the request for "CANCELLATION OF NESTLÉ ACCOUNT", stating that:
      1. Your NESTLÉ account can only be canceled by the NESTLÉ technical support team.
      2. At the time of the request via Contact Us, you will be asked for the contact email. If the USER does not have access to the registered email, they must send the communication/request informing the original email address of the NESTLÉ Account, and attach a copy of a photo ID. The collection of this personal data is necessary to certify the identity of the USER and ensure the protection of their personal data. https://www.nestleacademiadeecommerce.com/contacto
    • If the USER wishes for their data to be deleted from the NESTLÉ database, they must request it in writing via Contact Us, leaving the Question as the Subject, and in the body of the message formalize the request for "DELETION OF DATA FROM THE NESTLÉ DATABASE," indicating that:
      1. Your personal data can only be deleted from our database by our technical support team.
      2. At the time of the request via Contact Us, you will be asked for the contact email. If the USER does not have access to the registered email, they must send the communication/request informing the original email address of the NESTLÉ Account, and attach a copy of a photo ID. The collection of this personal data is necessary to certify the identity of the USER and ensure the protection of their personal data, and after the deletion of the other data, it will also be deleted. https://www.nestleacademiadeecommerce.com/contacto
    • As the NESTLÉ Account is created through a single registration on most of our platforms, in the event of cancellation of the NESTLÉ Account or deletion of personal data from our databases, the USER is informed that they will lose access to some or all of the official NESTLÉ platforms, as their single registration will be deactivated.
  11. VARIOUS
    • The tolerance of any breach of any of the clauses and conditions of these Terms of Use shall not constitute a novation of the obligations stipulated herein, nor shall it prevent or inhibit the enforceability of the same at any time.
    • NESTLÉ reserves the right to unilaterally modify:
      • The presentation and configuration of the Platform.
      • Suspend or discontinue the Platform, regardless of prior notice, without incurring any liability.
      • The TERMS OF USE and the PRIVACY POLICY at any time, with the aim of continuous updates and improvements.
    • By accessing the Platform, the USER agrees to be guided by the terms and conditions of use that are in effect on the date, so they must verify them beforehand each time they access it. If the USER does not agree with the modified terms, they must immediately discontinue access and use of the Platform.
    • If a particular provision of these Terms is not enforceable, this will not affect the enforcement of the remaining provisions.
    • The parties shall not be liable when the breach or late performance of an obligation provided in the Platform Documents is caused by fortuitous events or force majeure, as long as their consequences persist.
    • To obtain information on how to contact NESTLÉ, please visit our Contact Us page.
    • These Terms of Use constitute a complete agreement between the parties, prevailing over any other understanding that may have been signed previously. The brand of the "check-box" next to the text "I agree to the Terms," followed by clicking the "accept" button and/or the simple use of the Platform will be considered, for all legal purposes, as the acceptance of all the terms and conditions addressed here, which will have the value of a contract and will govern the relationship between NESTLÉ and the USERS of the Platform.
  12. GOVERNING LAW AND JURISDICTION
    • For the resolution of disputes arising from this instrument, the applicable local law will be fully applied as indicated in the Privacy Notice of Nestlé according to the country of use of the Platform.
    • Any dispute must be submitted to the courts and tribunals of ordinary justice in the country where the publisher of the site is located.
  13. NESTLÉ PRIVACY POLICY