Terms of Use
By visiting and using www.nourishedbeginnings.com.au (the “website”), you accept and agree to be bound by these Website Terms of Use, including our Privacy Policy (which is part of these Website Terms of Use).
Nourished Beginnings with Tanya (“we”, “our”, or “us”), as owner of the website, reserves the right to amend or modify these Website Terms of Use at any time and without notice.
The terms “you” and “your” refers to anyone who:
(a) uses, visits and/or views the website,
(b) accesses any of our content, or
(c) purchases any content, product(s), or service(s) from us.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 1 - INTELLECTUAL PROPERTY (INCLUDING COPYRIGHT)
We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights that exist on our website and in all viewable and downloadable content (including: text, images, video, music, sounds, layout, designs, source code, and any other protectable content) which belongs to us or any of our partners (“Intellectual Property”).
You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except in the ways we specifically allow you to in these Website Terms of Use or with prior written consent from us.
For all purchased products and services, please also refer to any Terms & Conditions for that specific product or service.
In short, we own all the legal rights to our free and paid content. We give you some limited rights to use our stuff only in certain ways (even if you paid for it). You cannot do anything you want with our content, only what is allowed in the Website Terms of Use and any Terms & Conditions for anything you’ve purchased. So even if you love our stuff, you are not allowed to share it with your friends (they need to buy their own)!
Section 2 - NO WARRANTIES
All of our content, information, products and/or services are provided on an “as is” and “as available” basis without any representations or warranties of any kind including the warranties of merchantability or fitness for any purpose, express or implied to the full extent permissible by law. we make no representations or warranties as to the content, information, materials, products and/or services provided on this website. we make no warranties that the website will perform or operate to meet your requirements or that the information presented here will be complete, current or error-free. we disclaim all warranties, implied and express for any purpose to the full extent permitted by law.
Section 3 - TESTIMONIALS DISCLAIMER
Any testimonials included on our website(s), programs, products, and/or services are real-world examples and stories of other people’s experiences with our content, programs, products and/or services. These testimonials are NOT intended to serve as a guarantee that you will achieve the same or similar results. Every person is different, with different circumstances and your results will vary accordingly.
Section 4 - ADVERTISEMENT DISCLAIMER
You may have ended up on our website by clicking on an advertisement from a different site, social platform, or app. This is because we occasionally pay for advertising in order to reach people who would most benefit from our offers, and one of these advertisements may have been shown to you. We do not have direct control over who exactly is shown our advertisements.
Our website is independent and belongs to us. All of the content, products, and/or services available on it are our own. We do not claim to be endorsed by, or affiliated with, any other site, platform, or advertising provider.
Section 5 - LIMITATION OF LIABILITY
You agree that we (and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us) shall NOT be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of any information you provide, the outcome of your actions or non-actions, personal and/or business results, and for all other use in connection with our website, content, products, and/or services.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages, even if foreseeable, resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website, our products, or our services; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the content, information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
We do NOT exclude any liability for death or personal injury caused by the use of our website (as unlikely as that is) or any other liability which we legally cannot exclude based on the laws where you are located at the time you use our site.
Our maximum total liability to you shall not exceed the total purchase price of any products and/or services that we have received your payment for.
Section 6 - INDEMNIFICATION
Your use of our website and content is voluntary. You shall indemnify us and our affiliates, distributors, licensors, and agents and all of our and their directors, employees, and agents against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.
Section 7 - PRIVACY
We care about your privacy online do everything in our power to respect the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Website Terms of Use. Please review our Privacy Policy for more information.
Section 8 - CONFIDENTIALITY
When speaking to us about our products and/or services, whether or not you have already made a purchase, you may share business information that you wouldn’t want shared with anyone else without your permission. If you tell us some information is confidential, or if we consider that a reasonable person would think that the information you provided is confidential, we store it and treat it carefully and securely (we call this “Confidential Information”). We always treat your Confidential Information the same as we treat our own. We will never disclose your Confidential Information to anyone else without your permission, except as described below.
Section 9 - PUBLICITY
If you provide a testimonial, or make a public comment about us or any of our content, products, and/or services on any public website (including review sites), in an email or direct message to us (often referred to as “DM” or “PM”), or on social media platform, we may use any part of that feedback (either as a screenshot or a reproduction) as well as your name, photo (such as a public profile photo), social media tag, business name (if applicable), and business logo in our marketing materials.
We will never say or post anything about you that would damage your reputation or your business.
If you do not want to consent to this, you may opt-out at any time by emailing us at tanya@nourishedbeginnings.com.au
Section 10 - AVAILABILITY & WEB ACCESS
Your use of our website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our websites or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should our websites or the services supplied through our websites become unavailable, interrupted, or delayed for any reason.
Section 11 - MALICIOUS CODE
Although we try to prevent the introduction of viruses or other malicious code (together, “malicious code”) to our websites, we do not guarantee or warrant that our websites, or any data available therein, do not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code.
Section 12 - THIRD PARTY LINKS
We may include links to web addresses that we do not own or have any control over. To the best of our knowledge, these links are safe. However, we do not guarantee or warrant that clicking any third party link does not include malicious code. We will not be liable for any damages or harm as a result of you clicking any third party links.
Section 13 - SECURITY
Although we take care to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.
Section 14 - GOVERNING LAW
You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services.
In the event of a dispute, claim, or controversy arising from or relating to your use of this website that cannot be excluded by your express waiver above, these Website Terms of Use shall be construed and interpreted in accordance with the laws of Queensland, Australia without regard to conflict of laws principles. Any legal action must be brought in the courts of Queensland, Australia.
Section 15 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at tanya@nourishedbeginnings.com.au