Website Terms of Use
Last updated: 18 November 2024
Welcome! These terms and conditions (“Terms”) are important—please read them carefully before you start using our website (“Website”).
These Terms, along with our Privacy Policy and any other rules or guidelines posted on the Website from time to time (together, the “Terms”), constitute an agreement between you, the user, and Nourish Me Mama Limited (“we,” “us,” “our”).
By accessing and using our Website, you agree to these Terms without qualification. If you do not agree with any part of these Terms, please stop using the Website. We reserve the right to amend these Terms at any time by notifying users of the changes through the Website. Continued use of the Website constitutes acceptance of the amended Terms.
1. Licence to Use the Site
1.1 Our Licence to You
We grant you a non-exclusive, non-transferable licence to use the Website in accordance with these Terms.
1.2 Nature of the Service
(a) We may alter, amend, interrupt, reschedule, modify, or cease the operation of all or any part of the Website at any time without prior notice.
(b) The Website may not operate continuously and may be unavailable periodically (including for maintenance).
2. Your Responsibilities
2.1 Age
You must be at least 18 years old, or accompanied by a parent or legal guardian, to purchase any products or services from the Website.
2.2 Registration
To purchase products or book services, you may need to register for an account. Registration is free. By registering, you consent to receive marketing, promotional, and other materials electronically from us.
2.3 Your Information
When registering, you must provide accurate information. We will handle your personal information according to our Privacy Policy.
2.4 Your Password and Login
You are responsible for maintaining the confidentiality of your password and login details. You must not share your password or login with anyone. Notify us immediately at arti@nourishmemama.nz of any unauthorised use of your account.
2.5 What You Must Do
In using the Website, you must:
(a) Comply with all applicable laws and not use the Website for unlawful purposes or in breach of these Terms;
(b) Not alter or modify any part of the Website;
(c) Not attempt to hack, decompile, disassemble, or reverse engineer any software related to the Website;
(d) Not transmit any virus or other harmful software;
(e) Not use automated systems that overload our servers;
(f) Not interfere with security-related features of the Website;
(g) Not remove or alter any copyright notices or ownership statements.
2.6 Take Your Own Precautions
Ensure your access to the Website does not expose you to viruses or other harmful elements.
2.7 Users Outside New Zealand
If you access our Website from outside New Zealand, you are responsible for complying with local laws.
3. Warranties
3.1 Warranty
The Website is provided “as is” and “as available.” We do not warrant that the Website will be secure, confidential, uninterrupted, or error-free and exclude all implied warranties.
3.2 Exclusion of Liability
To the fullest extent permitted by law, we exclude all liability for any loss or damage resulting from your use of the Website. This includes all express and implied warranties and representations. If you are a consumer, nothing in these Terms affects your rights under the Consumer Guarantees Act 1993.
3.3 Your Liability
You agree to cover all costs, including reasonable legal fees, that we or our Associates incur as a result of a breach of these Terms. You will remain liable for any misuse of your account unless proven fraudulent.
4. Copyright and Trademarks
4.1 Intellectual Property
All content on our Website is owned by us or our suppliers. You may download and print out any part of this website for your own personal use. However, you may not copy, distribute, or use any part of the Website’s material for commercial purposes without our prior written consent.
5. Cookies and Linking
5.1 Cookies
We may use cookies to monitor browsing preferences. By using our Website, you consent to our use of cookies as described in our Privacy Policy.
5.2 Linking
The Website may contain links to third-party sites. We are not responsible for the content or any damages resulting from these links. We may prohibit links to our Website and request their removal.
6. Information and Material
6.1 General Information
The content on our Website is for general information only and does not constitute professional or medical advice. Always seek appropriate advice before taking action based on information from our Website.
6.2 Medical Disclaimer
The Website’s content is not a substitute for medical advice. Consult your doctor for any medical concerns. We disclaim all liability for damages resulting from reliance on the Website’s content.
7. Suspension and Termination of User Accounts
7.1 Our Rights
We reserve the right to determine whether user activity violates these Terms.
7.2 Suspension or Termination
We may suspend or terminate your access to the Website or your account without notice if you breach these Terms, if your use harms others, or for any other reason.
7.3 Post-Termination
If your access is terminated, you are prohibited from accessing or using the Website and creating new accounts.
7.4 Inactive Accounts
We may suspend or terminate accounts due to inactivity.
8. General
8.1 Waivers
A waiver of any right or remedy will not be deemed a waiver of any other right or remedy, and failure to enforce any provision does not constitute a waiver.
8.2 Entire Agreement
These Terms constitute the entire agreement between you and us concerning the Website.
8.3 Prohibition and Enforceability
If any provision is found to be illegal or unenforceable, it will be severed, and the remaining Terms will continue in effect.
8.4 Survival
Clauses 3 (Warranties) and 4 (Copyright and Trade Marks) will survive the termination or expiration of these Terms.
8.6 Governing Law
These Terms are governed by New Zealand law, and you submit to the non-exclusive jurisdiction of New Zealand courts.
9. Definitions
9.1 Definitions
● Associate: Includes employees, officers, directors, contractors, and agents of Nourish Me Mama Limited.
● Privacy Policy: Our privacy policy as updated from time to time.
● Website: As defined at the beginning of these Terms.
9.2 Interpretation
● Words derived from a defined term have a corresponding meaning.
● Headings are for convenience only.
● References to legislation include amendments and regulations.
● The singular includes the plural and vice versa.
● “In writing” includes electronic means.