Terms and Conditions
1. About the Website
(a) Welcome to www.nourishlittlelives.com.au (the 'Website'). The following terms and conditions relate to the use of the Nourish Little Lives Website and the provision of any individual dietitian consultation (the 'Services') or sale of products (including ebooks) .
(b) The Website is operated by Nourish Little Lives (ABN 75 498 235 568). Access to and use of the Website, or any of its associated Products or Services, is provided by Nourish Little Lives. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Nourish Little Lives reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Nourish Little Lives updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Nourish Little Lives in the user interface.
3. Requirement to obtain nutrition and dietetic consultation or information
All content on our Site is for informational and educational purposes only. Any statements made on our Site or in our Services are not subject to evaluation by any other agencies. None of the content or products offered on our Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions. The Services found on our Site are not intended as a substitute for the advice provided by your physician or other healthcare professional.
You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services. If you have or suspect that you have a medical problem, you should contact your health care provider.
You should be in good health and physically fit when using our product or Service, failure to be in good health may result in adverse health consequences. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new nutrition or fitness regime should consult with an appropriate healthcare professional before beginning any nutrition or fitness program. You should not disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because of something you have read on our Site.
If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Site. Our Services may not be suitable to your particular circumstances.
You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services.
You acknowledge that by participating in or otherwise obtaining our Services, you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using our Services. This is a risk warning pursuant to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). You assume all risks not excluded by law in connection with your participation in Services or use of our Site. To the extent permitted by law, we exclude any express or implied warranties of fitness for purpose or reasonable care and skill.
4. Personal Information
5. Purchase of services
As part of your continued use of our Site or to purchase our Services you warrant that any personal information you provide to us will always be accurate, correct and up to date.
You indemnify and us and our officers, employees, agents, contractors and consultants and agree to keep us indemnified in the event any of the information you provide us is inaccurate, correct or not up to date, and we rely on this information to our detriment.
In order to purchase any of our Services you will be required to select one of the payment methods available on our Site which may require you to provide us with your credit or debit card information. Please be aware that all credit or debit card information may be shared with our third party payment processors such as PayPal. By ordering a Service from us, you agree that we may charge you the price listed at the checkout screen on our Site, and that any payments made via PayPal may attract an additional percentage fee, as charged by PayPal from time to time.
6. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Nourish Little Lives are ubject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Nourish Little Lives or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Nourish Little Lives, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
Nourish Little Lives does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Nourish Little Lives.
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
(c) Nourish Little Lives retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: to you.
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
(d) You may not, without the prior written permission of Nourish Little Lives and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (ii) Nourish Little Lives will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Nourish Little Lives make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Nourish Little Lives) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Nourish Little Lives; and
(iv) the Services or operation in respect to links which are provided for your convenience.
9. Limitation of liability
(a) Nourish Little Lives's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Nourish Little Lives, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible loss.
10. Privacy and Child Protection
In addition to our obligations under the Privacy Act and HRIP Act, we also comply with all Australian Child Protection legislation to the extent applicable.
(a) You agree to indemnify Nourish Little Lives, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
12. Venue and Jurisdiction
(a) The Services offered by Nourish Little Lives is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.
13. Governing Law
(a) The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
14. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.