1. Introduction Nourish Ingredients Pty Ltd (ACN 638 025 760) of Unit 2, 6 Pelle Street, Mitchell ACT 2911 (we, us and our) understand that your privacy is paramount, and are committed to protecting your privacy. This policy sets out how we handle information about you.We may modify or amend this Privacy Policy from time to time. We will display a notice on our website indicating when any such revisions have been made. This Privacy Policy was last updated on 1 March 2022.Unless you notify us otherwise, we will assume that you have consented to the collection of all information which is provided to us for use in accordance with this Privacy Policy.
2. Collection of personal information Personal information is information or an opinion about an individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in material form or not. We may collect personal information from you when you:a. Submit any general enquiries through the function on our website; b. Submit any employment enquiries or application through the function on our website; c. Participate in any event, activity or competition organised or run by us; d. When you buy any goods from us, we will collect the personal information you provide to us during the ordering process or in the course of the purchase; e. Visit our website; or f. Contact us by any method, such as telephone, email, post, facsimile or in person, or otherwise as notified to you from time to time. g. When you place an order or purchase products directly through our website, we will collect the personal information you provide during checkout, including billing details, delivery information, and payment-related information (processed securely via third-party payment providers).The personal information you provide to us may vary depending on the nature of your interaction with us, but may for example include your name, date of birth, contact details and any communications you send to us. We may also collect your sensitive health information, including information about any medical conditions and/or allergies that you haveWhere possible, we will allow you to interact with us anonymously or using a pseudonym. For example, if you contact us with a general enquiry, we will not ask for your name unless we need it to adequately handle your enquiry.However, for most of our functions and activities we usually need your name and contact information.
3. Online Purchase and Ordersa. By placing an order through the website, you agree to provide accurate, complete and current information necessary to process and fulfil your order. b. All orders placed through the website are subject to acceptance by us. We may refuse or cancel an order at our discretion, including where products are unavailable, pricing errors occur, or payment is not successfully processed. c. Prices, product descriptions, and availability are subject to change without notice. d. Payment must be received in full before orders are dispatched. Payments are processed securely via third-party payment providers. e. Delivery timelines are estimates only and may vary depending on location, logistics partners, and external factors beyond our control. f. Risk in products passes to you upon delivery.
4. Our website Our web servers may automatically collect information when you visit our websites, including:a. Your IP address; b. The date and time of your visit; c. The parts of our website you access during your visit; d. Your actions on our website; and e. The browser you are using.
In using our websites, your personal information may be collected through the use of cookies. These are small text files placed on your mobile device or computer by our websites which automatically collect information about you without you providing that information to us directly. Most browsers are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser to either prompt you whether you wish to accept cookies on a particular site, or by default reject cookies.Please note that rejecting cookies may mean that some or all of the functions on our website will not be available to you.Sometimes our websites contain links to other websites. When you access a website other than our websites, we are not responsible for the privacy practices of that site. We recommend that you review the privacy policies of each website you visit.
5. Using your personal information The personal information that we collect is generally used to provide products or services to you, and, if you use our website, to track your usage, to evaluate performance of our website, and to keep track of your account settings. Information collected by us may also be used for the following purposes: to provide you with information in relation to the products and services we provide;a. To assess whether you are suitable for an employee role in respect of which you may have applied; b. To send email notifications for special promotions or offers conducted by us; c. To conduct marketing activities and to conduct market research; d. To respond to your questions or suggestions; e. To improve the quality of our products or services; or f. To improve the quality of your visit to our Website. g. To process and fulfil orders placed through our website, including payment processing, invoicing, delivery, and customer support relating to purchases.You may opt out of receiving marketing information by notifying us accordingly, or by using any unsubscribe facility we provide for that purpose.
6. Sharing your personal information We may disclose your personal information to other related entities within our corporate group for our own business purposes.We may disclose information to third party contractors, who help us conduct our business. Where information is shared with these third parties, we will take all reasonable steps to ensure that third parties observe the confidential nature of such information and are prohibited from using any or all of this information beyond what is necessary to assist us.At this time, all third parties referred to above are located within Australia, however this may change in the future and if it does we will update this privacy policy accordingly.While we may market the goods or services of third parties in limited circumstances as described above, we will always do so ourselves (or using our own third party contractors). We do not sell, rent or trade personal information to third parties for marketing purposes.We may also disclose your personal information as permitted or required by law. We will share your personal information with third-party service providers who support the operation of our online store, including payment processors and logistics and delivery partners, solely for the purpose of fulfilling your orders.
7. Accessing and correcting your personal information We will, on request, provide you with access to the information we hold about you, including for the purpose of correcting or updating that information, unless there is an exception to such disclosure which applies under relevant privacy legislation. If you require access to your personal information, please contact our Privacy Contact as described in section 9 below. You may be required to put your request in writing for security reasons.For most requests, your information will be provided free of charge, however, we may charge a reasonable fee if your request requires a substantial effort on our part.If we refuse to provide you with access to the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the APPs (unless it would be unreasonable to do so).We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it. If the personal information we hold about you is inaccurate, incomplete, irrelevant or out-of-date, please contact us and we will take reasonable steps to either correct this information, or if necessary, discuss alternative action with you.
8. Protecting your personal information We are committed to protecting your personal information. We take appropriate security measures to protect your personal information from misuse, interference or loss, and from unauthorised access, modification or disclosure. Change of policy We may modify or amend this Privacy Policy from time to time. We will display a notice on our website https://nourishingredients.com/ for a reasonable period after any material revisions have been made. We will keep the current version of this Privacy Policy on that website.
9. Contact information If you have any queries or complaints with regards to our collection, use or management of your personal information, please contact our Privacy Contact:A: Privacy Contact E: [email protected]If you make a complaint, we will endeavour to respond to it as soon as possible. If you are dissatisfied with our response, you have the right to make a complaint to the Office of the Australian Information Commissioner by phoning 1300 363 992 or by email at [email protected].
2. Terms and conditions
1. Terms of use a. Thank you for visiting our website. This website is operated by Nourish Ingredients Pty Ltd (ABN 72 638 025 760) of Unit 2, 6 Pelle Street, Mitchell ACT 2911 (we, us and our). Please read these terms of use carefully as they apply to your use of this website including any content on it (the Website).b. By accessing or using the Website you agree to be bound by these terms of use. You should immediately cease using our website if you do not agree to these terms of use.c. We may revise these terms of use from time to time. We will display a notice on the Website indicating when any such revisions have been made. These terms of use were last updated on 1 March 2022.d. To contact us, please email [email protected].
2. Use of content on the Website a. The Website is subject to copyright and possibly other intellectual property rights.b. We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.c. We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.d. Except as provided in these terms of use, any use or copying of the Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at [email protected] if you wish to seek such consent.e. Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny your access to or use of the Website without notice if you breach, or we reasonably believe you have breached, any of these terms of use.
3. Linking to this Website a. We encourage you to provide links to the Website. While you may use the name 'https://nourishingredients.com/' in the text of any such link, you may not use the Nourish Ingredients logo or any of our other trade marks without our prior written consent.b. You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us.c.If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
4. Accuracy and completeness of content a. While every effort has been made to show as accurately as possible the colours of any content forming part of the Website, we cannot guarantee that your computer monitor will display the colour of such content accurately.b. Some of the information on the Website may be provided by third parties. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.c. The material provided and views expressed by other users of the Website are the materials of those users and are not ours.
5. User Content a. You must not provide any material through the Website (Your Content) that: i. infringes the intellectual property or other rights of another person; ii. is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; iii. relates to unlawful conduct; iv. creates a privacy or security risk to any person, including by soliciting personal information from any person; v. solicits money from any person; vi. is false, misleading or deceptive; vii. contains financial, legal, medical or other professional advice; viii. would harm, abuse, harass, stalk, threaten or otherwise offend; ix. would reflect negatively on us, including our goodwill, name and reputation; x. tampers with, hinders the operation of, or makes unauthorised modifications to the Website; xi. would breach any applicable laws; or xii. would result in civil or criminal liability for you, us or any third party.b. By providing us with any of Your Content, you: i. grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy, modify and otherwise exploit Your Content in connection with our provision and promotion of the Website; and ii. warrant that you have the right to grant such licence.c. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of Your Content.d. We may, without notice to you, review, modify or remove any of Your Content in our absolute discretion including where we believe it violates these terms of use.e. Our Website is not designed to be a long-term storage medium. You are solely responsible for securing and backing up Your Content.
6. General restrictions In using the Website, you must not:a. provide us with inaccurate or incomplete information;b. violate any applicable laws, or use the Website for any purpose that is unlawful;c. distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;d. collect or store data about other users of the Website; ore. engage in any other conduct that inhibits any other person from using or enjoying the Website.
7. Warranties and liability a. All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms of use and the Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.b. In particular, and without limiting paragraph (a): i. while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and ii. we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).c. We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.d. Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.e. If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:i. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; orii. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.f. Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD 1,000.g. Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:i. special, indirect, consequential, incidental or punitive damages; or ii. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.h. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
8. Variation of the Website We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
9. Links and advertisements The Website may contain links to other third party websites and advertisements which include embedded links, which are provided for your information only. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
10. Privacy a. In using the Website, you may give us personal information. By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy at https://nourishingredients.com/.b. We collect personal information about you in order to respond to your enquiries submitted through our Website, which includes employment enquiries, and for purposes otherwise set out in our privacy policy.c. You are not required to provide us with your personal information, but if you do not we may be unable to provide you with some or all of our goods and services.d. Our privacy policy explains: i. how we store and use, and how you may access and correct your personal information; ii. how you can lodge a complaint regarding the handling of your personal information; and iii. how we will handle any complaint. Please click on this link https://nourishingredients.com/ to view our privacy policy.
11. Infringing or objectionable content If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us by email at [email protected] and provide particulars of such content and a detailed description of why it is objectionable or infringing.
12. General a. Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions apply in addition to, and prevail over, these terms of use.b. If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.c. These terms of use are governed by the laws of New South Wales, Australia. If you are resident in Australia, each party submits to the non-exclusive jurisdiction of the courts of the State or Territory in which you ordinarily reside. If you are not resident in Australia, each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.d. Nothing in these terms of use limits any liability we or you may have in connection with any representations or other communications (either oral or written) made prior to these terms of use, where such liability cannot be excluded (including under section 18 of the Australian Consumer Law).e. Subject to paragraph (d), these terms of use supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter and embodies the entire agreement between the parties about its subject matter.f. Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control.g. Your use of the Website is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.h. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.i. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.j. The word “including” when used in these terms of use is not a term of limitation.
3. Sales Terms
1. General / Terms – T&C for Sale and Delivery 1.1. These General Terms and Conditions of Sale and Delivery (the “Terms”) shall apply to all deliveries made by Nourish Ingredients (“NI”) to its customers (the “Customer”) of all products, including services incidental there to (“the Goods”).1.2. A binding contract for the sale and delivery of goods (the “Contract”) shall be formed when the Customer places an order through NI’s online checkout system and NI accepts such order by issuing an order confirmation and/or shipping confirmation. For the avoidance of doubt, no Contract shall arise from any other form of communication or conduct unless expressly agreed in writing by NI.1.3. If NI’s order confirmation does not conform with the Customer’s submitted online order, the Customer shall, without undue delay, object to such non-conformity in writing. If the Customer fails to object, the Contract shall be entered into on the terms indicated in NI’s order confirmation, including these Terms.1.4. No order accepted by NI through its online checkout system can be cancelled by the Customer except with the written consent of NI.
2. Prices 2.1. The price of the Goods shall be displayed at the time of purchase through NI’s online checkout system and confirmed in the order confirmation.2.2. Unless otherwise agreed in writing by NI, all prices are based on an FOB Origin basis (Incoterms® 2020) and are exclusive of any applicable taxes, duties, levies, or similar charges, which shall be borne by the Customer.
3. Payment Terms 3.1. The payment is due in full when the customer places an order through the online checkout system.
4. Delivery and Transfer of Risk and Title 4.1. Delivery shall be made to the shipping address provided by the Customer during the online checkout process.4.2. Unless otherwise confirmed by NI in writing, delivery shall be FOB basis (Incoterms® 2020). A shipping and logistics quote will be provided once the online order is confirmed to the Customer, and paid ahead of delivery.4.3. All dates quoted for delivery of the Goods shall be approximate only, and NI shall not be liable for any losses or damages suffered by the Customer due to any delay in delivery or no delivery of the Goods howsoever caused. 4.4. All risks of loss or damage relating to the Goods will be passed on to the Customer on delivery of the Goods to the shipping address provided by the customer.
5. Examination and Notice 5.1. The Customer shall, immediately upon receipt of the Goods and in any event no later than seventy-two (72) hours thereafter, carry out a thorough inspection of the Goods, including quantity, quality, and conformity with the applicable specifications.5.2. The Customer shall notify NI in writing of any alleged defect, non-conformity, or shortage within the above seventy-two (72) hour period. Such notice (the Claim) shall include sufficient details and supporting evidence (including photographs where relevant) to enable NI to assess the Claim. Failing such notice within the prescribed period, the Goods shall be deemed irrevocably accepted and in full conformity with the Contract, and the Customer shall have no further right to reject or claim in respect thereof.5.3. The Customer shall not return, dispose of, or alter the Goods without the NI’s prior written consent and shall store the Goods appropriately to preserve their condition pending resolution of the Claim.5.4. Where a Claim is validly made and accepted by the NI, NI shall, at its sole discretion, either: (a) replace the defective Goods; or (b) refund the purchase price of the defective Goods. Such remedy shall constitute the Customer’s sole and exclusive remedy in respect of any defective or non-conforming Goods.
6. Indemnification and Liability 6.1. Unless otherwise confirmed by NI in writing the Goods shall comply with the national legal requirements applicable in the country of manufacture. NI is not liable for the compliance of the Goods with the requirements of statutes, administrative rules and/or regulations applicable in the country of delivery and undertakes no risk or liability in respect hereof.6.2. The Customer shall be responsible for complying with any and all legislation, administrative rules and/or regulations governing the importation of the Goods into the country of distribution and the subsequent processing, marketing, distribution, resale and/or use hereof.6.3. If the Goods are non-conforming due to circumstances for which NI is liable, the Customer may – subject to the time limits contained in Clause 5.2 and the provision of evidence of the non-conformity – reject such Goods whereafter NI at its discretion may either issue a credit note in respect of such non-conforming Goods, make a deduction in the price of the Goods corresponding to the reduced value of the Goods, or replace the non-conforming Goods. No further remedy is available to the Customer in the event of non-conformity of the Goods, howsoever caused. Non-conforming Goods rejected by the Customer are the property of NI and shall, at NI’s request, be made available to NI. Unless NI elects to take back the non-conforming Goods, such Goods shall be disposed of by the Customer for NI’s risk and account in the manner directed by NI, always provided that the Customer shall use all commercial efforts to mitigate the costs of such disposal.6.4. NI shall never be liable for any operating loss, loss of orders, loss of income, loss of profits, loss of time, loss of public subsidies, loss of goodwill or for any special, indirect or consequential losses or damages whatsoever, howsoever caused.6.5. Unless otherwise confirmed in writing by NI, NI shall at all times without incurring liability be entitled to modify or amend the specifications, production processes, packaging and/or labelling of the Goods without notice to the Customer.
7. Intellectual Property Rights 7.1. All intellectual property rights or other proprietary rights in and to the Goods or related to the Goods, including but not limited to their formula, design, packaging and know-how, and any modifications or developments thereto, as well as the trademarks and trade names under which the Goods are marketed are and shall remain the sole and exclusive property of NI and the Customer acquires no rights, title or license therein or thereto. If the Customer challenges, harms or prejudices the validity or enforceability of such proprietary rights, NI shall without liability be entitled to immediately terminate any cooperation between the parties with immediate effect and to cancel any Contract.
8. Force Majeure 8.1. NI shall not be liable for a failure to perform any of NI’s obligations or deemed in breach thereof, if NI shows that the failure was due to an impediment beyond the control of NI. The occurrence of such an event relieves NI from damages, penalties and other contractual sanctions. Such events shall include in particular, but shall not be limited to strikes, lockouts, labor disputes, interruptions of operations, explosion, fire, natural disasters, governmental measures and restrictions imposed by national or foreign authorities, confiscation, embargoes, currency restrictions, lack of transport, veterinary diseases, malicious tampering, acts of terror, environmental measures and defective or delayed supplies from subcontractors. Further, it postpones the time for performance for such period as may be reasonable, thereby excluding the Customer's right, if any, to terminate or revoke the Contract.
9. Miscellaneous – Standard terms 9.1. If any provision contained in these Terms should be held to be void or unenforceable, the validity of the other provisions shall not be affected thereby.9.2. No waiver by NI of any breach by the Customer, or failure by NI to insist on the Customer’s performance of obligations shall be considered a waiver of any subsequent breach of the same or any other provision.9.3. The Customer shall hold in confidence and not disclose to any third party any confidential information disclosed by NI. The Customer shall not use such information for the Customer's own benefit or the benefit of any third party.9.4. Nothing in the relationship between NI and the Customer shall create an agency, partnership or joint venture between the parties and in specific the Customer shall not be entitled to make any representation or warranty on behalf of NI.
10. Termination 10.1. NI have the right to terminate the Sale, in whole and provide a product refund if there is failure by the Customer to pay the shipping and logistics quote once provided.
11. Governing Law and Jurisdiction 11.1. The Agreement will be governed by and construed in accordance with the laws of The Netherlands.11.2. All disputes that may arise from or in connection with the Contract or these Terms shall be settled under the rules of arbitration of the International Chamber of Commerce by arbitrators appointed in accordance with the said Rules. The arbitration shall be held in Amsterdam, in English language, shall be in law and be binding on the Parties.
