Terms of use

Last updated: August 2023

Welcome to My Cancer My Nutrition website, (this “Platform”). We hope that you will enjoy your experience.

By accessing this Platform, you agree to the terms and conditions below which apply to this Platform (these “Terms”). If you do not agree, please do not use this Platform. This Platform is for your personal, non-commercial use only.

Definitions

In these Terms, the following terms are defined as follows:

“We”, “us”, “our” and “Nestlé” mean Nestlé (South Africa) (Pty) Ltd and its affiliates.

“Content” means all content on or accessible through this Platform. Examples of Content include data, text, photographs, graphics, artwork, trademarks (including Nestlé Trademarks), brands, logos, videos, sound, music, thumbnail, user interfaces, and code, as well as look-and-feel of the Content and this Platform.

“Nestlé Trademarks” means trademarks, service marks and logos displayed on this Platform or used as a domain name are owned by or licensed to Société des Produits Nestlé S.A..

“User Content” means any Content submitted or posted by you or other users on or through this Platform. Examples of User Content include questions, comments, posts, ratings, reviews, data, pictures, video, and music.

Modifications

We reserve the right to make changes to these Terms at any time at our sole discretion. You are responsible for regularly reviewing these Terms. After we post these changes, your continued access to this Platform means that you have agreed to these changes.

Additional Terms

Additional terms apply to specific promotions, online transactions, or other features which may be made available from time to time on this Platform. They are part of these Terms and you agree to such terms.

Privacy and Cookies

Nestlé Privacy Notice applies to this Platform. To find out more, please click here. Nestlé Cookies Policy applies to the use of cookies and similar technology on this Platform. To find out more, please click here.

Accessibility

The objective is to make this Platform as accessible as possible for all users including those with disabilities. Your browsing experience may improve by altering your software and device settings (e.g. to alter text size) or installing additional assistive technologies.

Content and Intellectual Property

The Content is owned by or licensed to the Nestlé Group, and protected by copyright, trademark, patent, sui generis / database rights, trade dress, other intellectual property rights, and other rights (including privacy and image rights).

You may print or save electronic copies of portions of the Content (such as digital culinary recipes) solely for the Purpose (stated above) subject to the following conditions: (a) you must comply with these Terms, and (b) you must respect the integrity of the Content and retain (and not remove) the copyright statements and trademark notices on such Content.

Any use of the Content other than as expressly stated in these Terms is prohibited.

Nothing on this Platform or these Terms shall be construed as granting any license to use any Nestlé Trademark.

The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this website belong to 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 aggressively enforce its intellectual property rights to the fullest extent of the law including criminal prosecution for serious offences.

Your Account; Password Security

To use this Platform and its features, you must be at least 18 years old (or your legal guardian must have agreed to these Terms and your use of this Platform).

You do not have to register to use this Platform. However, in certain cases, it may be necessary to create an account to use this Platform, or certain features of this Platform. If you decide to create an account, you must do so accurately and honestly and update us of any changes. Each registration is for a single user only.

You shall keep your password secure and confidential. You shall not share your password with anyone. You are responsible for any activity under your account due to your failure to keep your password secure and confidential. If you think someone has discovered your password or there is any unauthorized access into your account, you shall tell us immediately. Please see “How to contact us” below.

Nestlé will not be liable for any loss or damage arising from your failure to comply with your obligations.

Deleting your Account

You can delete your account and stop using the Platform at any time. Before deleting your account, please download a copy of your User Content if you wish to keep it. Your User Content will be deleted and you will not be able to retrieve it after your account has been deleted.

To delete your account, please click here or contact us by email (see below for the contact details). We may ask you to verify your identity using a temporary verification code sent to your phone attached to your account. If you did not provide your phone number, please contact by email. Your User Content will be deleted if you delete your account. Account deletion does not automatically delete content that you have shared with others.

Your Use of this Platform

Your use of this Platform must be lawful and comply with these Terms.

You shall not (nor attempt to):

(a) impersonate or pretend that you represent someone else; harm, harass, threaten, stalk or intentionally embarrass or cause distress to others;

(b) use any software or other means to access, copy, download, communicate to the public, collect, harvest, aggregate, or extract any Content from this Platform or any system or network connected to this Platform, including by using web scraping, data extraction or data mining software or tools (except in the case of public search engines, in accordance with our robots.txt file and solely to the extent necessary for creating publicly available searchable indices);

(c) misuse, overload, harm, impair, disrupt or interfere with the proper functioning or integrity of this Platform or any system or network connected to this Platform, or any other person’s use of this Platform;

(d) by-pass, circumvent, disable or interfere with any technical, security or authentication measures of this Platform or any system or network connected to this Platform; distribute virus, worm or other harmful or unauthorized computer code; lead to security issues, gain unauthorized access to data or to this Platform or any other systems or network connected to this Platform; probe, scan, or test the vulnerability of this Platform or any system or network connected to this Platform; or

(e) decompile, reverse engineer, disassemble or otherwise reduce the code used in any software on this Platform into a readable form.

Your User Content

Mandatory Disclosures

When you post your User Content, you must disclose your relationship with Nestlé, or any compensation or reward in relation to your User Content.

General

Where available on this Platform, you may post your User Content.

Specifically, when you create, upload or share your User Content on or through this Platform, you grant Nestlé and its affiliates, to the extent permitted by law, a worldwide, non-exclusive, royalty-free, sub-licensable and transferable, perpetual, irrevocable license to use, copy, reproduce, communicate to the public, display, distribute, transfer, perform, broadcast, transmit, publish, make available to the public, exhibit, compile, create derivative works with, include in a collected work, adapt, modify, alter and translate your User Content (including as complied, used in derivative works, included in collected works, adapted, modified, altered and translated) (a) with or without attribution, (b) directly or through any kind of medium, (c) for any purpose (commercial or other purpose), and (d) without restriction and without any approval from or payment to you.

You state that (a) you are the author and owner of your User Content, or (b) you have obtained, all rights, licenses and authorizations (or you are otherwise legally entitled) to submit and post your User Content (including images of individuals and property on your User Content) and to grant Nestlé the license stated in the preceding paragraph.

You are responsible for and should take all reasonable care when providing your User Content. You may have legal liability to us and third parties if you do not comply with these Terms.

Acceptable Content

Your User Content must be lawful and comply with these Terms.

Your User Content shall not contain anything that is (or may be):

(a) unlawful, offensive, harmful, defamatory, disrespectful, inaccurate, false, deceptive, fraudulent, misleading, or inappropriate;

(b) misusing or infringing Nestlé’s or any third party’s rights, including intellectual property rights, privacy rights, moral rights, image rights (or, publicity rights), or property rights;

(d) intended for marketing, commercial, promotional or advertising purposes; or

(e) intended to distribute, any virus, worms, or other harmful or unauthorized computer code or files.

Ratings and Reviews

We welcome your honest and genuine opinion about your own experience with our products and services.

If our Platform allows you to submit a review (which can include ratings, testimonials or comments):

(a) you must have actually used the product or service in question, and give your genuine opinion about your personal experience;

(b) your comments must be helpful, respectful and acceptable as described in these Terms (see above, Acceptable Content);

(b) you must clearly and visibly disclose if you have any relationship with Nestlé. For example, if you received any compensation or reward; if you work for Nestlé or another business which works with Nestlé or have a commercial relationship; if you participated to a promotion or you received any compensation, reward or incentive (money, discounts, free products, gifts, etc.) in connection with your User Content (even if it was unsolicited);

(c) you must not submit any fake or fabricated reviews (including if you have been offered any payment or other incentive to write that review); or falsely state or imply that your User Content is sponsored or endorsed by this Platform or Nestlé.

By submitting your email address in connection with your opinion, you agree that Nestlé and its service providers may use your email address to contact you about the status of your opinion and other administrative purposes.

We may use manual or automated systems that analyze your User Content to help detect fake or suspicious reviews, or content that infringes these Terms. We may moderate and remove your User Content if there is any indication or doubt that your review is fake or suspicious, or otherwise violates these Terms.

We may use ratings and reviews in marketing communications in accordance with legal requirements, including disclosing how we select and calculate ratings and obtaining your permission where applicable.

Feedback

We would like to hear from you and welcome your feedback regarding our existing products and business. To send your feedback, please see How to contact us section below. Any feedback shall be deemed to be non-confidential. Nestlé shall be free to use such information on an unrestricted basis. Please do not include any unsolicited idea in your feedback.

No unsolicited ideas

We do not accept or consider unsolicited ideas, suggestions, works or other materials, such as ideas for new products, campaigns, processes, materials, artwork, brand names and logos (“unsolicited idea”). By sending us any unsolicited idea, you agree that (a) your unsolicited idea will become Nestlé’s property, without any compensation to you and without any further formality; (b) there is no obligation to review it or to keep it confidential; and (c) Nestlé and its affiliates may use or redistribute the unsolicited idea for any purpose and in any way. Nestlé may already have developed (or may in the future develop) identical or similar ideas or materials or have obtained such ideas or materials from other sources. We are not liable for any similarity with your unsolicited idea.

Content Moderation, Suspension and Termination

We may, but are not obliged to, monitor, edit, remove or refuse to post any User Content at our sole discretion at any time.

We may immediately and without prior notice remove any of your User Content and/or suspend or terminate your use of this Platform (including your account) if we believe that you have not complied with these Terms.

We may, but not are obliged to, report relevant breaches of these Terms to regulatory and law enforcement bodies.

Links

Links to other Nestlé Group websites

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

Links to third-party platforms

This Platform may contain links to third-party platforms (such as websites, social media platforms, mobile apps) (“third-party platforms”). We have no control over such third-party platforms and do not endorse their content. Nestlé is not responsible for the content and practices of such third-party platforms (data processing or other practices). Please read their terms and conditions. Your interaction with these platforms is at your own discretion and risk.

Links to our Platform

You may include a link on your own platform only if you comply with the following conditions: (a) you use the plain text name of this Platform and link to this Platform’s home page (without deep-links); (b) there is no content on your platform which is in violation of these Terms; (c) you do not state or imply any affiliation, endorsement or sponsorship by Nestlé; and (d) you comply with these Terms. We may withdraw any linking permission at any time at our sole discretion. When you link to this Platform, you shall not copy any Content in the servers that you use.

You may not use Nestlé Trademarks or Nestlé’s name, slogans, or any other terms identifying Nestlé or our Brands as a hyperlink button or thumbnail, metatag or any other manner without our prior written consent.

You may not embed or frame the Content or Platform in your platform.

Fitness and Nutrition Information

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.

The information on this Platform is for your informational purposes only and is not intended for diagnostic or treatment purposes or as medical advice or services. Nestlé is not engaged in providing medical advice or services. You shall consult your health care provider for medical advice or services, for example, prior to undertaking a new diet or exercise program. Consultation with your health care provider is particularly important if you are under eighteen years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Platform. A few Nestlé platforms are clearly directed to medical professionals and the information contained on these platforms is not intended for general audiences.

Disclaimer

This Platform and the Content are on an “as is” and “as available” basis.

This Platform is a dynamic environment and like all software-based services, it cannot be promised to be free from errors, bugs, or inaccuracies, and may not be available at all times. We are not responsible for maintaining, or for any corrections, updates, or releases of, this Platform or the Content.

We may change or alter this Platform and the Content (in whole or in part) at any time at our sole discretion. We may modify, suspend or withdraw operation of or access to this Platform at any time at our sole discretion on a temporary or permanent basis including for maintenance and other technical reasons.

We strongly recommend that you verify the suitability and compatibility of your computer system before using this Platform including by implementing measures to protect against security issues (such as installing anti-virus software). If you choose to download or copy anything from this Platform you do so at your own risk. We are not responsible for any damage or virus which could affect your computer system or other property by reason of your access to, use or downloading of anything from this Platform or for any illegal intrusion or intervention in our IT systems.

We are not responsible for and do not endorse any User Content and you should apply particular caution when using it. Always take specialist advice when needed. Any reliance upon materials on this Platform is at your own risk.

This Platform is not a storage service and you should keep copies of all your User Content.

All warranties and representations express or implied (including regarding the accuracy, merchantability and fitness for a particular purpose, non-infringement, or that this Platform or Content will be free from errors, bugs or virus, uninterrupted, or secure) in relation to any Content and/or arising out of or in connection with access to or use of this Platform are, to the fullest extent permitted by law, excluded from these Terms.

Limitation of liability

To the fullest extent permitted by law, all liability of Nestlé or any of our affiliates is excluded in respect of any loss or damage, which may arise in connection with the use of or reliance upon any Content and/or arising out of or in connection with access to or use of this Platform.

However, nothing in these Terms excludes or limits our liability in connection with this Platform where it is unlawful to do so. Nothing in these Terms affects your statutory rights as a consumer.

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, special, incidental or punitive damages, costs or losses, including without limitation lost data, lost profits or business interruption.

To the extent permitted by applicable law, you expressly waive all claims against Nestlé, its officers, directors, employees, agents, affiliates, suppliers and providers that may arise from your use or access of this Platform or Content.

Indemnity

You agree to indemnify Nestlé, its affiliates and their respective officers, directors, agents, consultants, contractors, and employees for any claims, damages, losses and fees (including attorney and other professional fees) attributable to your breach of these Terms or your use of this Platform (including the Content).

How to contact us

If you have any question or comment regarding this Platform, please feel free to contact us.

Local Laws

Content (including our products and services) may not be available or appropriate outside of the Republic South Africa If you are accessing this Platform from elsewhere, please visit our local website for products and services available in your location. It is your responsibility to comply with applicable laws.

General

These Terms constitute the entire agreement between you and Nestlé with respect to this Platform and Content and supersede all other agreements between you and Nestlé with respect to the subject matter of these Terms. If any of the provisions of these Terms are unenforceable, such provisions will be replaced with provisions which best embody the intent of these Terms, and the remainder of these Terms will remain in effect. Any failure or delay by Nestlé in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of Nestlé’s rights or remedies. These Terms shall not be interpreted or construed to confer any rights or remedies to third parties.

Governing Law, Dispute resolution

In case you have a complaint, please contact us via contact us page first.

These Terms and any dispute relating to this Platform are exclusively governed by the laws of the Republic of South Africa excluding its conflict of law rules, except that, if you are located in the European Union, the consumer protection regulations of your country of residence which are more advantageous to you will apply. The Vienna Convention on the International Sale of Goods 1980 (CISG) is not applicable.

All disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform shall be resolved and exclusively in the competent courts of the High Court of South Africa, Johannesburg.