Terms and conditions.
Your Acceptance
The following terms and conditions and website terms of use relate to the provision of any services or sale of products (including downloadable material) from the Nourished Kids website (“NourishedKids.com.au”) or from us personally (together, “Services”) (“Terms and Conditions”). These Terms and Conditions constitute an agreement between Nourished Kids ABN 26 410 734 844 (“Nourished Kids” “us”, “we”, “our”), the owner and operator of the Website and any Services, and you (“you”, “your” or “user(s)”), a user of the Website and/or Services (“Agreement”).
By using our Website and/or any Services you agree to be bound by this Agreement, and our Privacy Policy. We may amend this Agreement or our Privacy Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement or our Privacy Policy (or any subsequent amendments) you must cease using our Website and Services immediately.
Users must be 18 years or older to purchase any of our products or Services or otherwise have consent from their parent or guardian.
Part A – Use of our Services
Requirement to Obtain Professional Medical Advice
All content on our Website and/or provided via our Services is for informational and educational purposes only.
Any statements appearing on our Website or in our Services have not been evaluated by any other national or international agencies.
None of the content or products offered on our Website and/or provided via our Services are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.
The products and content found on the Website and/or provided via our Services are not intended as a substitute for the advice provided by your doctor or other healthcare professional.
You should always speak with your doctor 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, or if you have a pre-existing medical condition or are pregnant or breastfeeding, you should contact your health care provider before using our Services.
Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider because something you have read on our Website and/or provided via our Services.
You should be in good health and physically fit when using our product or Service. If you are not in good health or physically fit, you must obtain your doctor’s consent before using our product or Services, failure to do so may result in adverse health consequences.
Please seek medical advice in regards to your health conditions and physical fitness.
If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
Our Reliance on Your Accuracy of Information
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 Website and/or provided via our Services. 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 warrant the truth, accuracy, currency and completeness of any information you provide us.
Nutritional Information
Nutritional information provided on our Website and/or provided via our Services is based on extensive research. Before relying on any nutritional information on our Website and/or provided via our Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
Nutrient data published on our Website or through our Services may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.
Fitness Level
Persons with pre-existing medical conditions, in poor health, or with any concerns as to the commencement of new fitness or dietary regimen should consult with an appropriate healthcare professional before beginning any fitness or dietary program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website and/or provided via our Services. Our Services may not be suitable to your particular circumstances and are not a substitute for obtaining specific advice from a qualified healthcare professional.
You acknowledge that by participating in our information service 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 Website, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
Personal Information
We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postcode together with certain health information; not limited to your age range, height, weight, exercise levels, biochemistry, medical history, medication and supplement use. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.
You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.
By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at contact.nourishedkids@gmail.com with ‘unsubscribe’ in your email’s subject.
Payment
A full schedule of our fees is available on our website or by contacting us on 0417 057 943.
In order to purchase any of our Services (including any products) you will be required to provide us with your payment details or credit card information. All new telehealth bookings require payment up front prior to the appointment. An invoice will be sent at the time of booking or prior to your appointment. You may call us on 0417 057 943 if you wish to make payment over the phone. We may also contact you by phone to arrange payment prior to your scheduled appointment. If payment is not received prior to the appointment, we reserve the right to cancel or postpone your appointment.
All review appointment fees are due and payable on the date of service, or within 7 days in the event that an invoice is provided. If payment is not made within 7 days of receipt of an account, a late fee may apply. For telehealth appointments, this practice uses the secure payment platform, Medipass, to save your payment details and pay your appointment fees. Your consultation fee payments are processed automatically at the end of your appointment from the nominated credit/debit card provided by you and stored electronically on Medipass. Alternatively you can opt to do a direct bank transfer to Nourished Kids. Please note that failure to pay your invoice may result in additional charges.
You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards
The prices for Services provided under this Agreement will be as advised to you at the time you apply for the Services, or as otherwise advised to you at the time of purchase from us. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”).
If you have any issues with payment do not hesitate to contact us at contact.nourishedkids@gmail.com.
All Services (including any goods and electronic products) available from our Website or otherwise purchased from us are subject to consumer protections under the Australian Consumer Law.
Bookings, Refunds and Cancellations
Nourished Kids Cancellation Policy: Missed appointments and late cancellations disadvantage clinicians and other patients. If less than 24 hours’ notice is given for a missed appointment, you may be charged up to the cost of the consultation. Failure to attend will incur full consultation cost. We reserve the right to charge a cancellation fee, equivalent to the fee of the original scheduled consultation. NDIS clients who cancel within 7 days will be charged 100% of the consultation cost as per NDIS guidelines.
In the event of any defect with the Services (including any products) that you have purchased on or through our Website, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services (including any products) in question (where applicable), or refund to the value of those Services (or goods). If you believe any of the Services including any products purchased on or through our Website contain a defect, you must notify us immediately by emailing us at contact.nourishedkids@gmail.com.
Client Rights and Responsibilities
Nourished Kids respects the rights and dignity of our clients.
Respect
Clients attending Nourished Kids have the right to considerate, respectful care at all times and under all circumstances. We respect their personal dignity irrespective of age, gender, race, culture or religious beliefs, marital or family status, lifestyle, sexual orientation or disability.
We demonstrate this respect by awarding clients the following rights:
Clients have the right to absolute freedom from coercion, harassment and abuse when attending this clinic or receiving services virtually.
Clients have the right to request the Dietitian of their choice and know the professional status of individuals providing service to them. This will be subject to availability.
Clients are encouraged to develop a relationship with a particular Dietitian, but to recognise the competence and availability of other Dietitians in the same field if their Dietitian of first choice is not available.
Clients have the right to obtain, from the Dietitian responsible for their care, complete and current information concerning diagnosis (to the degree known), treatment options and any known prognosis. This information should be communicated in terms the client can reasonably be expected to understand.
Clients have the right to seek a second opinion from another Dietitian, and to have that Dietitian fully informed of their case.
Clients have the right to transfer all or part of their clinical care to other Dietitians.
Clients are encouraged to provide us with feedback or make a complaint if they are in any way unsatisfied with our service. Nourished Kids commits to taking all feedback seriously and acting as appropriate.
Clients have the right to expect reasonable safety when attending our clinic.
Clients should be informed of and abide by the clinic’s rules and regulations applicable to their conduct as a client.
Informed Consent
Clients have the right to be informed in specific and understandable terms of the likely and important medical consequences, reasons, risks and benefits of any investigation or management plan, participation in any research project, photographic or audiovisual recording and other procedures where consent is required by law.
Consent will be obtained from the appropriate consent giver, which may be the client, a parent or guardian for children under 18 years of age, or nominated carer for clients with a cognitive impairment.
Consent will be documented by the Dietitian in the relevant section on the client’s Patient Registration Form and/or in their patient notes.
Clients have the right to give or refuse consent to any examination, investigation or treatment. They also have the right to be made aware of the likely duration and the financial costs associated with the proposed episode of care.
Client Responsibilities
Clients are responsible for understanding and acknowledging that they share the responsibility for their care with their treating Dietitian.
Clients must understand that administrative staff at the clinic are not responsible for the client’s clinical care, but are responsible for ensuring the efficient running of the clinic.
Clients have the responsibility to provide, to the best of their knowledge, accurate and complete information about their present illness, past illness, hospitalisations, medications, and other matters relating to their health. They are responsible for reporting unexpected changes in their condition to their treating Dietitian.
Clients are responsible for reporting any personal difficulty in understanding a contemplated course of action and what is expected of them.
Clients are responsible for following the management plan recommended by their treating Dietitian. Clients must explain to their treating Dietitian any financial, religious or cultural beliefs that may make it difficult for them to follow the recommended management plan.
Clients are responsible for keeping appointments and, when unable to do so for any reason, for notifying the clinic as soon as possible. They understand that the clinic’s Cancellation Policy will be applied at the discretion of their treating Dietitian.
Clients are responsible for being considerate of the rights of other clients, clinic staff, staff and patients of Nourished Kids Pottsville.
Clients must be respectful of the property of other persons and of the clinic.
Clients are responsible for understanding and honouring the financial obligations related to their care, and notifying Nourished Kids of any element of these obligations that they do not fully understand. These obligations are outlined in the Terms and Conditions and Privacy Policy as well as any relevant client registration forms and service agreements.
Contact Information
If you have any questions or concerns about your order or if you have any questions about our products or Services do not hesitate to contact us. You may contact us by email at contact.nourishedkids@gmail.com.
Part B – Website terms of use
Specific Warnings
You must not access or use our Website (a) in a way that violates these Terms and Conditions of Use, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Whilst we have no reason to believe that any information contained on our Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Website updated. Responsibility for the content of advertisements appearing on our Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright
Unless otherwise indicated, copyright and other intellectual property rights in our Website (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) and copyright in all electronic products including online guides and any other downloadable material is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions of Use, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of our Website or any of our electronic products or downloadable material; or
commercialise any information, products or services obtained from any part of our Website or any of our electronic products or downloadable material, without our written permission.
By uploading, transmitting, posting or otherwise making available any material via the Website and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, student placements and volunteer projects, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
Our Licence Grant To You
We make our Services available to you through our Website. When you use our Services, we grant you a personal, non-exclusive, revocable, limited licence to use our Services and access our Website. This means you may not resell our Services anywhere else, share your licence to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
This licence may be terminated if you violate any provisions listed in these Terms and Conditions of Use, or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that may damage the rights of Nourished Kids or if your activities are in violation of any applicable laws. If you wish to terminate this license you should stop using our Service and accessing our Website or notify us.
Use of Our Website: Restricted Use
When using our Website or Services, you are responsible for your use and for any use of our Website or Services made using your device. You also agree that your use of our Website or Services is for personal non-commercial use. You agree not to access, copy, or otherwise use our Website or Services, including our intellectual property and trademarks, except as authorised by these Terms and Conditions of Use or as otherwise authorised in writing by us. Unless we agree otherwise in writing, you are provided with access to our Website only for your personal use. You may not without our written permission on-sell information obtained from our Website.
You agree:
You will not copy, distribute or disclose any part of the Website or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website or Service;
You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You will not collect or harvest any personally identifiable information, including account names, from the Service;
You will not stalk, harass, bully or harm another individual who uses our Website or Service;
You will not upload, post, transmit or otherwise make available any material that:
is not your original work, or which may infringe the intellectual property or other rights of another person;
is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
includes an image or personal information of another person unless you have their consent;
you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
contains large amounts of untargeted, unwanted or repetitive content; or
contains financial, legal, medical or other professional advice.
You will not impersonate any person or entity or misrepresent your affiliation with a person or entity;
You will not hold Nourished Kids responsible for your use of our Website;
You will not violate any requirements, procedures, policies or regulations of networks connected to Nourished Kids;
You will not interfere with or disrupt the Website or Service;
You will not hack, spam or phish us or other users;
You will provide truthful and accurate content;
You will not violate any law or regulation and you are responsible for such violations;
You will not use our Website to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Website, including the de-indexing or de-caching of any portion of our Website from a thirty party’s website, such as by requesting its removal from a search engine; and
You will not upload any content to our Website that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you believe that a user has breached any of the above conditions, please contact us at nourishedkids@gmail.com
We reserve the right to refuse service, block or suspend any user of the website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without prior notice.
We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.
You agree to indemnify us and each of our officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions of Use, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions of Use, on the part of you or any of your Affiliates.
Linked Websites / Third Party Websites
Our Website may contain links to Third Party Websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Third Party Websites. Our links with Third Party Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Third Party Websites, or of any information, graphics, materials, products or services referred to or contained on those Third Party Websites (“Third Party Content”), unless and to the extent stipulated to the contrary.
Modification Of Service
We reserve the right to alter, update, or remove our Website at any time. We may conduct such modifications to our Website for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Website for security, legal or other purposes.
We do not guarantee that the Website will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Website or Service may do so. We reserve the right to terminate access for anyone.
Disclaimers
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services (including any products listed or purchased on or through our Website. Except for the purposes of Consumer Guarantees under the Australian Consumer Law, we hereby expressly disclaim all liability for our Service, and for product defects or failures, claims that are due to your use of our Service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Limitations and Liability
Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, we do not assume any responsibility or liability for any damages to you. In no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website or any Services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this Website, any web sites linked to this Website, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
For the purposes of the following clause, in addition to the defined terms above “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.
With the exception of Consumer Guarantees, we exclude:
(i) any term, condition or warranty that may otherwise be implied by custom, law or statute;
(ii) any liability for loss caused by our negligence; and
(iii) any liability for Consequential Loss.
To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:
(i) In the case of goods, to:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired.
(ii) In the case of services, to:
(A) the supplying of the services again; or
(B) the payment of the cost of having the services supplied again.
In the event of any problem with the Services (including any products) that you have purchased on or through this Website or otherwise from us, you agree that your sole remedy is to seek a return and refund for such Services (including any products) in accordance with the returns and refunds policies posted on our Website.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this Agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Website, Services (and any products) within the last six months, whichever is greater.
Indemnity
You agree to defend, indemnify and hold harmless Nourished Kids and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to our Website and Service;
your violation of any term or condition of this Agreement;
your violation of any term of condition of our Privacy Policy;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that any of your use caused damage to a third party.
This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim.
Privacy and Child Protection
We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Health Records Act 2001 (VIC) (“HRA”) and the applicable Health Privacy Principles in the HRA when handling personal information which is health information.
Our Privacy Policy can be accessed by clicking on this link.
Nourished Kids complies with all Australian Child Protection legislation to the extent applicable.
Choice of Law
This Agreement shall be governed by the laws in force in the state of New South Wales, Australia. The offer and acceptance of this contract is deemed to have occurred in New South Wales, Australia.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of New South Wales, Australia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements
Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.
Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Website and our Service.
Electronic Communications
We use electronic means of communication, whether you visit the Website or Service or send us emails, or whether we post notices on the Website or Service or communications with you via email. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
General
This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.
Contact us
If you have any questions about these Terms and Conditions, please contact us at contact.nourishedkids@gmail.com.