Website Terms and Conditions of Use
By accessing or otherwise using this website www.wellnourished.com.au (Website), you agree to be bound by these Terms and Conditions of Use. This Website is owned and operated by Georgia Harding ABN 67295493472. You acknowledge that Georgia Harding/Well Nourished, provides access to the Website subject to these Terms and Conditions of Use.
Products and Services
- Parts of this Website may enable you to purchase products (Products) or subscribe to a data service (a Service). You cannot purchase any Product or subscribe to any Service available on this Website until you are a registered as a subscriber to this Website.
- In order to become registered as a subscriber to this Website, you must provide your details in accordance with the instructions on the Website.
- Georgia Harding/Well Nourished may refuse to register any person as a subscriber without giving a reason for such refusal.
- You understand and agree that all material, information and data (such as data files, written text, computer software, audio files, photographs, or other images) accessed or used by, or provided to, you through the Website (the Content) comprises the intellectual property of Georgia Harding/Well Nourished or any relevant third parties from Georgia Harding/Well Nourished may license that Content.
- You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by Georgia Harding/Well Nourished ,the owners of that Content, in a separate agreement.
- You understand that by using the Website you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.
- Unless otherwise indicated, all intellectual property in the Website is owned or licensed by Georgia Harding/Well Nourished. Subject to these Terms and Conditions of Use, Georgia Harding/Well Nourished grants you a non-exclusive, non-transferable, limited licence (Licence) to view, download and use information directly accessible through the Website.
- You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not infringe Georgia Harding/Well Nourished intellectual property in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe Georgia Harding/Well Nourished’s intellectual property or other rights.
- Any of the trademarks, service marks or logos displayed on the Website may be registered or unregistered marks (Marks) of Georgia Harding/Well Nourished. Nothing contained on the Website should be construed as granting any licence or right to use any of the Marks displayed on the Website without the express written permission of Georgia Harding/Well Nourished. Any unauthorised uses of the Marks are strictly prohibited.
- Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied.
- Georgia Harding/Well Nourished does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. Georgia Harding/Well Nourished does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Georgia Harding/Well Nourished control. Georgia Harding/Well Nourished does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website.
- Subject to the provisions of the Trade Practices Act 1974 (Cth), Georgia Harding/Well Nourished makes no representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). Georgia Harding/Well Nourished makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Georgia Harding/Well Nourished which are or may become linked or framed to or from the Website.
Use of Information
- If you upload or otherwise provide any information or content (Content) in the course of accessing or using the Website, you agree that such Content will be available to Georgia Harding/Well Nourished to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that you will not upload or otherwise provide any Content which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
- infringes the intellectual or other proprietary interests of third parties;
- impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Georgia Harding/Well Nourished considers to be inappropriate;
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms and Conditions of Use;
- violates any law, statute or regulation;
- forges information to disguise the origin of any Content; and
- encourages or incites any other person to engage in any of the above behaviour.
- You agree to grant Georgia Harding/Well Nourished a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in Georgia Harding/Well Nourished favour.
Limitation of Liability
- You agree that Georgia Harding/Well Nourished is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms and Conditions of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:
- the use of the Website;
- the use by Georgia Harding/Well Nourished of information provided by you to Georgia Harding/Well Nourished through the Website;
- being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
- Georgia Harding/Well Nourished expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Georgia Harding/Well Nourished sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- You indemnify Georgia Harding/Well Nourished against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Georgia Harding/Well Nourished, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of these Terms and Conditions of Use; or
- any breach or inaccuracy in any representations or warranties made to Georgia Harding/Well Nourished.
Terminating your relationship with the Company
- These Terms and Conditions of Use will continue to apply until terminated by either you or Georgia Harding/Well Nourished as set out below.
- If you have registered as a subscriber to the Website and want to terminate your subscriber relationship with Georgia Harding/Well Nourished, you may do so by notifying Georgia Harding/Well Nourished in writing.
- Georgia Harding/Well Nourished may, at any time, terminate its legal agreement with you if:
- you have breached any provision of these Terms and Conditions of Use or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms and Conditions of Use; or
- Georgia Harding/Well Nourished is required to do so by law (for example, where the provision of products and services to you through the Website is, or becomes, unlawful).
- If you breach any provision of these Terms and Conditions of Use, Georgia Harding/Well Nourished may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.
- You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of Georgia Harding/Well Nourished.
- Georgia Harding/Well Nourished may alter any of the content on the Website at any time.
Amendment of Terms and Conditions of Use
- Georgia Harding/Well Nourished is entitled, at its sole discretion, to amend, add or remove any part of these Terms and Conditions of Use at any time without notice. You should periodically read these Terms and Conditions of Use. Your continued use of this Website or any product or service obtainable through the Website after any such change to these Terms and Conditions of Use constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended.
Choice of Law and Use of the Website
- These Terms and Conditions of Use are governed by the laws of the State of New South Wales, Australia. Georgia Harding/Well Nourished has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia.
Commission and Fees
In certain cases, Georgia Harding/Well Nourished may have a relationship with a third party whose website is linked to this Website. That third party may pay Georgia Harding/Well Nourished either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you. The commission and referral fees are normally payable by those third parties on a monthly or quarterly basis, in arrears.
Georgia Harding/Well Nourished
- This Privacy Statement details Georgia Harding/Well Nourished Media’s policy regarding any personal information you might supply to us via our website at www.wellnourished.com.au (Website), and how the information may be used.
- This Privacy Statement applies to and should be read in conjunction with the Terms and Conditions of Use which are available on the Website. By viewing and using the Website you will be deemed to have agreed to the matters described in this Privacy Statement.
- Georgia Harding/Well Nourished is entitled, at its sole discretion, to amend, add or remove any part of this Privacy Statement at any time without notice. You should periodically review this Privacy Statement to ensure that you are up to date with any such amendments, additions or removals.
Collection of personal information
- Georgia Harding/Well Nourished only collects information about you when you provide it to us.
- Information sent by your web browser may be automatically collected. This information typically includes your domain name (ie the site after the @ in your e-mail address). It may also contain your user name (ie the name before the @ in your e-mail address). Other examples of information collected by our server include the internet protocol (IP) address used to connect your computer to the Internet, operating system and platform, the average time spent on the Website, pages viewed, information searched for, access time, websites visited before and other relevant statistics. The amount of information sent depends on the settings you have on your web browser.
Use and disclosure of personal information
- Your personal information may be used to:
- provide products and services to you;
- collect payments and to administer your account;
- provide you with updated or new information about our products and services;
- develop existing and new products and services;
- maintain and update our business infrastructure and systems; and
- promote our and our suppliers’ other products and services to you.
- In providing our products and services or collecting and using your personal information, we may be required to disclose some of your personal information to third party organisations, including:
- outsourced service providers;
- our legal, accounting, financial or other professional advisors;
- regulatory, government and other authorities as required by law; and
- our related organisations.
- All information sent by your web browser will be used only to assist us for the purposes of providing an effective service on the Website. We may from time to time supply the owners or operators of third party websites from which it is possible to link to the Website with information relating to the number of users linking to the Website from such third party website. You will not personally be identifiable from this information.
- Georgia Harding/Well Nourished may use the information that it automatically receives from your web browser to see which pages you visit within the Website, which website you visited before coming to ours, and where you go after you leave. Georgia Harding/Well Nourished can then develop statistics that are helpful in understanding how our visitors use the Website. We may use this information to measure the use of the Website and to administer and improve the Website. Once aggregated for statistical purposes, you will not be personally identified from this information. This statistical data is interpreted by Georgia Harding/Well Nourished in its continuing effort to present the Website content that visitors are seeking in a format they find most helpful.
- Georgia Harding/Well Nourished may store some information on your computer such as cookies when you visit the Website. Cookies are pieces of information that a website transfers to the hard drive of a visitor’s computer for record-keeping purposes. This information facilitates your use of the Website. You can erase or choose to block this information from your computer if you want to. Erasing or blocking such information may limit the range of features available to you on the Website.
- Georgia Harding/Well Nourished will take reasonable steps to ensure the security of any information you provide to us.
- Georgia Harding/Well Nourished will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed.
Links to other sites
- You may be able to access other sites external to the Website by clicking on links that have been provided throughout the Website. Georgia Harding/Well Nourished is not responsible for the privacy policies and practices of other websites. As these sites are not part of Georgia Harding/Well Nourished, you will need to contact the organisation that administers the site directly to obtain information about their privacy statement.
- You have the right to access personal information we hold about you subject to the restrictions provided by law. We aim to keep our information about you as accurate as possible. If you are concerned about our use of your personal information, or if you would like to review or change the information you have supplied us with, please contact us at firstname.lastname@example.org with the subject line, “Privacy”. We reserve the right to charge a reasonable fee for access to this information.
Further Information on Privacy
You may obtain further information regarding privacy issues in Australia by visiting the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au.