Terms and Conditions
Overview
Nourish App Limited (“Nourish” or “we”, “us”, “our”) provides online health and nutrition services and other related programs, products and services (the “Services”) through our Nourish website (the “Site”) to all who use our Site and/or register or purchase our Services (the “Clients” or “You”). These Terms of Use (as amended or modified from time-to-time, the “Terms of Use”) govern your use of our Services and the Site.
As a user of the Site and Services you agree to review our Terms and Conditions on an ongoing basis as we reserve the right to modify these Terms at any time and any of these modifications shall be effective immediately.
Eligibility
By using our Site and/or our Services, you agree that you are at least 16 years of age and have the right, authority and capacity to enter into these Terms & Conditions and to abide by the terms and conditions of these Terms & Conditions.
If individuals wish to use any of our plans or services and are under the age of 16 they will need explicit parental/guardian consent. Nourish App and its team have the right to deny service to any individual who may wish to use our Services.
General Use
When you sign up to our supported subscription Service you will receive nutrition support and be entitled to a number of interactions with one of our experts to help make adjustments to your program and monitor your progress and satisfaction of the Service. This expert will adjust your program based on the information that you provide to us. In certain circumstances Nourish aims to connect you with an expert who is best suited based on the information about your health goals and other information that you provide us when you register for our Services. In other situation users will be able to choose their own nutritionist for support. If you would like to change your expert, please contact us at hello@nourishapp.co.nz. Nourish reserves the right to change your expert at any time, at our sole discretion.
Using the site and the services on the site
Nutrition Plan User
By signing up to and using Nourish plans you hereby accept that all plans are not to be redistributed, shared and sold in any way to anyone else. All questions or concerns are to be emailed to hello@nourishapp.co.nz.
User Accounts
User accounts are limited to one account per User. You agree that you will only hold one account for use of these service on the Nourish platform. If for whatever reason your account is suspended you agree to not create another account for any Nourish platform unless specified to do so by a Nourish Team member in writing. Questions around accounts can be directed to hello@nourishapp.co.nz.
As a User of the Site you agree you will not:
Allow any other person (other than an agent acting solely on your behalf and subject to your direct supervision) to access the Services or the Site using your account for any purpose
Attempt to or successfully access another person's account
Use another persons credentials to create an account for our Services or to access the Site unless you are an agent acting on their behalf and have written proof of this agreement
Communicate on the Site through any means of media any information that infringes, misappropriates or violates (a) any third parties patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, (b) any law or regulation that could give rise to civil liability, is fraudulent, false, misleading or deceptive
Reproduce, copy, use, display or frame the Services or any part of the Site, Nourish name, any of the trademarks, logos and design of the page without express written permission from Nourish
Use, access, edit or change any of the Site’s non-public or member areas, Nourish technical delivery systems or software systems
Attempt to probe, scan, or test the vulnerability of any Nourish system or network or breach any security or authentication measures
Avoid, bypass, remove, deactivate, impair, de-scramble or otherwise circumvent any technological measure implemented by Nourish’s or any of Nourish providers or any other third party (including another Client) to protect the Services, Site, or Content
Interfere with, or attempt to interfere with, the access of any Client, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature
Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Nourish or other generally available third party web browsers
Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through our Services
Use the Services, Site or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information
Use any meta tags or other hidden text or metadata utilizing a Nourish trademark, logo URL or product name without Nourish’s express written consent
The sender of any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although Nourish reserves the rights to monitor, record, edit or remove any content within our Services or the Site, Nourish has no obligation or responsibility to do so. In addition, Nourish shall not be liable or responsible to any Client, Coach or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.
Purchases
One Off Purchases
Nourish will deliver each good/service how, by when, where and for the prices specified in the applicable Order or Agreement. Unless expressly specified the goods and services shall be delivered during Nourish’s normal business hours. Except for GST, prices are inclusive of all costs associated with the supply unless otherwise specified.
Auto-Renewal
Our subscription services will automatically renew every week. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Services or continued use of the paid subscription features of the Services will reaffirm that we are authorised to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically closed at the end of the billing cycle. You may be liable still for any outstanding money owed on your current billing cycle. If you fail to renew your subscription for any Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.
Prices and Billing
You are responsible for providing complete and accurate billing and contact information to us. All prices are in NZD. All prices, discounts and promotions posted on this Site are subject to change without notice. The price charged for a product or Service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Nourish is not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution.
Memberships
Our Services consist of different tiers of service with differing functionality based on the subscription level. Some services require a fee, which is paid by the user. You do not have to become a Supported user to gain access to some of our Services. With any free Service we hold the right to eliminate any or all of the functionality.
Whether or not you use one of our paid services or a free service, you are responsible for all charges and fees associated with connecting to and using the Website and/or Mobile App, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website and/or Mobile App.
Suspension and termination of membership
By You
You can terminate your subscription at any point of time outside any agreed upon contracts by contacting us at hello@nourishapp.co.nz. Such termination will disable/stop access to certain content and updates from our team. Once are team has received the termination notice this will effect immediately and will not continue until you reactive the Service. If you terminate a subscription in the middle of a billing cycle no partial refund will be offered unless: (1) we have materially breached the Terms and have failed to remedy the problem within 30 days of informing us in writing; or (2) we are required to provide a refund by law.
By Nourish
Nourish may terminate your subscription at the end of the billing cycle by providing 30 days of prior written notice to you. Nourish may terminate a subscription for any reason if given 90 days of written notice.
Electronic communications
Legal Communications.
We may send information to you. This information may include updates to the Privacy Policy, Terms And Conditions, Refund Policy or any other legal document that is relevant to you. Such communications are part of the Services which you cannot opt out of receiving.
Service Announcements.
In using the Services, you may receive periodic electronic communications from Nourish regarding these Services, such as new product offers and other information regarding the Website, which are part of the Services and which you cannot opt out of receiving.
Promotional Communications.
You may also receive periodic promotions and other offers or materials Nourish believes might be of interest to you. You can opt-out of receiving these promotional messages at any time.
Removing From Future Communications.
If you later decide that you do not want to receive future Communications electronically, please unsubscribe from the option at the bottom of the email or send an email to hello@nourishapp.co.nz. Within reasonable time we will remove you from all electronic communication. Many of our services allow this to be done automatically. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal.
Copyright and IP
All content provided or otherwise made available by Nourish through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Nourish and is protected by intellectual property rights and unfair competition laws.
Third Party Content
Including Intellectual Property (including Content) licensed, made, conceived, or developed by a third party used by Nourish and contained in, comprising, or otherwise necessary to display and/or maintain the Web Site.
Definition
“User Content” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, nutritional information contributed to the our food database and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as message boards, recipe logging), whether in connection with your use of the Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.
Agreement
You represent and warrant that, when using the Services, you will obey the law and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights, or rights or publicity or privacy, or in violation of any applicable law or regulation.
YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
Health and Medical service disclaimer
Any and all Nourish services are not a medical professional, all advice given should not be taken has medical advice. The service should not be relied upon for/as medical advice.
If required it is advised that professional medical advise should be sought from a trained medical professional.
Recipe / Food database disclaimer
Recipes and other food information may be offered with certain plans or be available on the website. This information should not substitute any previous medical advice around allergies and medical conditions and is only provided as a guide. Food database provided with certain plans should be used in conjunction with advice from appropriate health professionals.
Promotions / Giveaways
Each promotion run by Nourish may have it own individual terms and conditions stated separately to these Terms And Conditions. Any competitions run by Nourish are at the discretion of the Nourish team.
Terms and Conditions
Overview
Nourish App Limited (“Nourish” or “we”, “us”, “our”) provides online health and nutrition services and other related programs, products and services (the “Services”) through our Nourish website (the “Site”) to all who use our Site and/or register or purchase our Services (the “Clients” or “You”). These Terms of Use (as amended or modified from time-to-time, the “Terms of Use”) govern your use of our Services and the Site.
As a user of the Site and Services you agree to review our Terms and Conditions on an ongoing basis as we reserve the right to modify these Terms at any time and any of these modifications shall be effective immediately.
Eligibility
By using our Site and/or our Services, you agree that you are at least 16 years of age and have the right, authority and capacity to enter into these Terms & Conditions and to abide by the terms and conditions of these Terms & Conditions.
If individuals wish to use any of our plans or services and are under the age of 16 they will need explicit parental/guardian consent. Nourish App and its team have the right to deny service to any individual who may wish to use our Services.
General Use
When you sign up to our supported subscription Service you will receive nutrition support and be entitled to a number of interactions with one of our experts to help make adjustments to your program and monitor your progress and satisfaction of the Service. This expert will adjust your program based on the information that you provide to us. In certain circumstances Nourish aims to connect you with an expert who is best suited based on the information about your health goals and other information that you provide us when you register for our Services. In other situation users will be able to choose their own nutritionist for support. If you would like to change your expert, please contact us at hello@nourishapp.co.nz. Nourish reserves the right to change your expert at any time, at our sole discretion.
Using the site and the services on the site
Nutrition Plan User
By signing up to and using Nourish plans you hereby accept that all plans are not to be redistributed, shared and sold in any way to anyone else. All questions or concerns are to be emailed to hello@nourishapp.co.nz.
User Accounts
User accounts are limited to one account per User. You agree that you will only hold one account for use of these service on the Nourish platform. If for whatever reason your account is suspended you agree to not create another account for any Nourish platform unless specified to do so by a Nourish Team member in writing. Questions around accounts can be directed to hello@nourishapp.co.nz.
As a User of the Site you agree you will not:
Allow any other person (other than an agent acting solely on your behalf and subject to your direct supervision) to access the Services or the Site using your account for any purpose
Attempt to or successfully access another person's account
Use another persons credentials to create an account for our Services or to access the Site unless you are an agent acting on their behalf and have written proof of this agreement
Communicate on the Site through any means of media any information that infringes, misappropriates or violates (a) any third parties patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, (b) any law or regulation that could give rise to civil liability, is fraudulent, false, misleading or deceptive
Reproduce, copy, use, display or frame the Services or any part of the Site, Nourish name, any of the trademarks, logos and design of the page without express written permission from Nourish
Use, access, edit or change any of the Site’s non-public or member areas, Nourish technical delivery systems or software systems
Attempt to probe, scan, or test the vulnerability of any Nourish system or network or breach any security or authentication measures
Avoid, bypass, remove, deactivate, impair, de-scramble or otherwise circumvent any technological measure implemented by Nourish’s or any of Nourish providers or any other third party (including another Client) to protect the Services, Site, or Content
Interfere with, or attempt to interfere with, the access of any Client, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature
Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Nourish or other generally available third party web browsers
Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through our Services
Use the Services, Site or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information
Use any meta tags or other hidden text or metadata utilizing a Nourish trademark, logo URL or product name without Nourish’s express written consent
The sender of any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although Nourish reserves the rights to monitor, record, edit or remove any content within our Services or the Site, Nourish has no obligation or responsibility to do so. In addition, Nourish shall not be liable or responsible to any Client, Coach or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.
Purchases
One Off Purchases
Nourish will deliver each good/service how, by when, where and for the prices specified in the applicable Order or Agreement. Unless expressly specified the goods and services shall be delivered during Nourish’s normal business hours. Except for GST, prices are inclusive of all costs associated with the supply unless otherwise specified.
Auto-Renewal
Our subscription services will automatically renew every week. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Services or continued use of the paid subscription features of the Services will reaffirm that we are authorised to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically closed at the end of the billing cycle. You may be liable still for any outstanding money owed on your current billing cycle. If you fail to renew your subscription for any Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.
Prices and Billing
You are responsible for providing complete and accurate billing and contact information to us. All prices are in NZD. All prices, discounts and promotions posted on this Site are subject to change without notice. The price charged for a product or Service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Nourish is not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution.
Memberships
Our Services consist of different tiers of service with differing functionality based on the subscription level. Some services require a fee, which is paid by the user. You do not have to become a Supported user to gain access to some of our Services. With any free Service we hold the right to eliminate any or all of the functionality.
Whether or not you use one of our paid services or a free service, you are responsible for all charges and fees associated with connecting to and using the Website and/or Mobile App, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website and/or Mobile App.
Suspension and termination of membership
By You
You can terminate your subscription at any point of time outside any agreed upon contracts by contacting us at hello@nourishapp.co.nz. Such termination will disable/stop access to certain content and updates from our team. Once are team has received the termination notice this will effect immediately and will not continue until you reactive the Service. If you terminate a subscription in the middle of a billing cycle no partial refund will be offered unless: (1) we have materially breached the Terms and have failed to remedy the problem within 30 days of informing us in writing; or (2) we are required to provide a refund by law.
By Nourish
Nourish may terminate your subscription at the end of the billing cycle by providing 30 days of prior written notice to you. Nourish may terminate a subscription for any reason if given 90 days of written notice.
Electronic communications
Legal Communications.
We may send information to you. This information may include updates to the Privacy Policy, Terms And Conditions, Refund Policy or any other legal document that is relevant to you. Such communications are part of the Services which you cannot opt out of receiving.
Service Announcements.
In using the Services, you may receive periodic electronic communications from Nourish regarding these Services, such as new product offers and other information regarding the Website, which are part of the Services and which you cannot opt out of receiving.
Promotional Communications.
You may also receive periodic promotions and other offers or materials Nourish believes might be of interest to you. You can opt-out of receiving these promotional messages at any time.
Removing From Future Communications.
If you later decide that you do not want to receive future Communications electronically, please unsubscribe from the option at the bottom of the email or send an email to hello@nourishapp.co.nz. Within reasonable time we will remove you from all electronic communication. Many of our services allow this to be done automatically. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal.
Copyright and IP
All content provided or otherwise made available by Nourish through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Nourish and is protected by intellectual property rights and unfair competition laws.
Third Party Content
Including Intellectual Property (including Content) licensed, made, conceived, or developed by a third party used by Nourish and contained in, comprising, or otherwise necessary to display and/or maintain the Web Site.
Definition
“User Content” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, nutritional information contributed to the our food database and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as message boards, recipe logging), whether in connection with your use of the Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.
Agreement
You represent and warrant that, when using the Services, you will obey the law and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights, or rights or publicity or privacy, or in violation of any applicable law or regulation.
YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
Health and Medical service disclaimer
Any and all Nourish services are not a medical professional, all advice given should not be taken has medical advice. The service should not be relied upon for/as medical advice.
If required it is advised that professional medical advise should be sought from a trained medical professional.
Recipe / Food database disclaimer
Recipes and other food information may be offered with certain plans or be available on the website. This information should not substitute any previous medical advice around allergies and medical conditions and is only provided as a guide. Food database provided with certain plans should be used in conjunction with advice from appropriate health professionals.
Promotions / Giveaways
Each promotion run by Nourish may have it own individual terms and conditions stated separately to these Terms And Conditions. Any competitions run by Nourish are at the discretion of the Nourish team.
