Terms and Conditions

These are the terms and conditions subject to which we allow you to use the Nicole's Nutrition Kitchen ("Our") Website.

By visiting or using Our Website, or signing up for our services, you agree to be bound by them. You may not use Our Website, without parental guidance, if you are under the age of 18 years.

If you violate these terms we may terminate your use of Our Website, bar you from future use of Our Website, cancel your order, and/or take appropriate legal action against you.

We are Nicole Wilson (nee Tucker) trading as Nicole's Nutrition Kitchen, a Sole Trader business in New Zealand.

Our address is 20 Blue Gum Drive, Warkworth, 0910.

GST Registration Number: 55-996-393

You are: Anyone who uses Our Website or buys from us.

Please read this agreement, "Product Licence Terms" and "Privacy Policy" carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.

It is now agreed as follows:

  1. Definitions

    In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

    1. "Content" means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
    2. "Intellectual Property" means intellectual property owned by us or by any third party, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights or for which application for registration has been made in any country.
    3. "Our Website" means the entire computing hardware and software installation that is or supports our website including any communication or peripheral system. It includes any website of ours, and all web pages controlled by us.
    4. "Post" means place on or into Our Website any Content or material of any sort by any means.
    5. "Licence" means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.
    6. "Licensed Product" means any product, material or thing offered for Licence by us on Our Website, whether or not bought by you. A reference to "Product" shall be a reference to all or part of a Product or to a Product changed by you in any way.
    7. "Service" means any service we sell from time to time, whether or not connected to a Licensed Product.
  2. Interpretation

    In this agreement the following meanings apply unless the context otherwise requires:

    1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
    2. a reference to a person includes reference to that person's successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
    3. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
    4. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
    5. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
    6. these terms and conditions apply to all supplies of Licensed Products by us. They prevail over any terms proposed by you.
    7. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
  3. Basis of Contract
    1. If you use Our Website in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
    2. When you buy a Licensed Product, you are in fact buying a licence to use that Licensed Product. The terms of use vary from one Licensed Product to another and are contained in our "Product Licence Terms". That Licence is supplemental to this agreement and to be read with this agreement to provide the full agreement between us.
    3. In entering into this contract you have not relied on any representation or information from any source except Our Website.
    4. Unfortunately, we cannot guarantee that every Product advertised on Our Website is available. If at any time a Product becomes unavailable, we will immediately refund any money you have paid.
    5. There is no contract between us for any free service, so you do not become a client by using any free service and we are not liable to you in any way resulting from your use of any free service.
    6. The price of any Licensed Product or Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy that Licensed Product or Service.
    7. You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Website or in some other way.
    8. You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our payment service provider and secondly a sum based on time spent at $55 per hour in dealing with your breach. You also agree that this provision is reasonable.
    9. The Contract between us comes into existence at the earlier of:
      1. when we write to you to confirm that your order has been delivered; or
      2. when you download the Licensed Product you have bought.
    10. We may change this agreement and / or the way we provide a Product, at any time. If we do:
      1. the change will take effect when we Post it on Our Website. You are advised to check this page from time to time.
      2. if you make any payment for Licensed Products or Services in the future, you will do so under the terms posted on Our Website at that time.
  4. The price
    1. The prices payable for the Licensed Product and Services are clearly set out on Our Website.
    2. The price charged for any Licensed Product or Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
    3. Prices are inclusive of any applicable goods and services tax or other sales tax.
    4. Charges for Services are fixed whenever it is reasonably possible for us to ascertain the price.
    5. When we do not provide fixed charges for the Service, we will charge by the hour. In that case all work done, including all letters, e-mails and telephone calls made and received will be charged on a time basis in minimum units of one quarter of an hour.
    6. Travel costs and motor mileage rate will be notified, if applicable, for Services provided.
    7. Estimates of charges will be provided to you wherever possible.
    8. Our Services require payment in advance in every case.
  5. Security of your credit card

    We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use an online payment service provider who will encrypt your credit card or bank account details in a secure environment. We do not retain your credit card details on our system.

  6. Security of Our Website

    If you violate Our Website we shall take legal action against you.

    You now agree that you will not, and will not allow any other person to:

    1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
    2. link to our site in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
    3. download any part of Our Website, without our express written consent;
    4. collect or use any product listings, descriptions, or prices;
    5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
    6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
    7. share with a third party any login credentials to Our Website.
    8. Despite the above terms, we now grant a licence to you to:
      1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any Product or Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
      2. you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
  7. Interruption to Nicole's Nutrition Kitchen Services
    1. If it is necessary for us to interrupt Our Website service, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
    2. If it is necessary for us to make any alterations to Our Tailor-Made Services, we will give you reasonable notice where this is possible.
    3. You acknowledge that Nicole's Nutrition Kitchen service may also be interrupted for many reasons beyond our control.
    4. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our service.
  8. Intellectual Property
    1. We will defend our Intellectual Property rights in all countries.
    2. Except as provided in our Product Licence Terms, you may not copy, modify, publish, transmit, or sell, create derivative works from, distribute, perform, display, or in any way exploit any of our Intellectual Property or that owned by any third party and accessible to you via Our Website.
    3. You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
    4. You agree that at all times you will:
      1. not to cause or permit anything which may damage or endanger our title to any of our Intellectual Property;
      2. notify us of any suspected infringement of the Intellectual Property;
      3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
      4. not use any name or mark similar to or capable of being confused with any name or mark of ours.
  9. Disclaimers and limitation of liability
    1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
    2. All implied conditions, warranties and terms are excluded from this agreement.
    3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
    4. You are advised that Licensed Product is in digital format and is deemed to have been "delivered" when the order in Your Store is available for download. You acknowledge and agree that we shall not be liable in any way for any difficulty you experience in downloading and/or reading the Licensed Product.
    5. We shall not be liable to you for any loss of Licensed Product or damage to your computer, or other device, as a result of downloading, extracting or viewing any digital content.
    6. We sell Licensed Products and Services in good faith. But we make no representation or warranty that any Licensed Product or Service will be:
      1. useful to you;
      2. of satisfactory quality;
      3. fit for a particular purpose;
      4. available or accessible, without interruption, or without error.
    7. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
    8. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
    9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Licensed Products concerned.
    10. We shall not be liable to you for any loss or expense which is:
      1. indirect or consequential loss; or
      2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
    11. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
    12. If you become aware of any breach of any term of this agreement by any person, please tell us by email through Our Contacts page. We welcome your input but do not guarantee to agree with your judgement.
  • You Indemnify Us

    You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

    1. your failure to comply with the law of any country;
    2. your breach of this agreement;
    3. any Content you Post to Our Website;
    4. any data you send or upload to Our Website for storage or any other purpose;
    5. a breach of the intellectual property rights of any person;
    6. your failure to conform to any relevant Internet protocol;
    7. any use of your site for a purpose forbidden by this agreement;
    8. any act, neglect or default by any agent, employee, licensee or customer of yours;
    9. a contractual claim arising from your use of the Licensed Products;
    10. and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $55 per hour without further proof.
  • Miscellaneous matters
    1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    2. For digital content, you undertake to provide to us a minimum of your e-mail address. For other services, you undertake to provide to us a minimum your e-mail address and telephone number as often as they are changed - together with any information that we may require to enable us to fulfil our obligations under this contract.
    3. If you are in breach of any term of this agreement, we may:
      1. publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
      2. terminate your account and refuse access to Our Website;
      3. issue a claim in any court.
    4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
    5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    6. For the purposes of the Privacy Act 1993 as amended and any comparable law of any other country having jurisdiction and relating to the location of data processing, you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us. Processing includes but is not limited to obtaining, recording, using and holding data in any country.
    7. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
    8. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery. It shall be deemed to have been delivered:
      1. if delivered by hand: on the day of delivery;
      2. if sent by post to the correct address: within 72 hours of posting;
    9. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
    10. This agreement does not give any right to any third party.
    11. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.
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