Overview

Welcome to nutritiouscookbook.com (the ‘Website’). The Website is operated by Nina Gudkovs. Throughout the site, the terms “we”, “us” and “our” refer to Nina Gudkovs and her agents and employees. Access to the Website, including all information, services, tools, and products (together, the “Services”) available from this site to you, the user, are conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting the Website and/ or purchasing something from it, you engage in our Services and agree to be bound by the following terms and conditions and those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms”). The Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read the Terms carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms you must cease usage of the Services immediately.

Any new features or tools which are added to the store after the commencement of the Terms will also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, withdraw or replace any part of these Terms by posting updates and/or changes to the Website in our sole discretion without notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

 

1 – Acceptable Use of the Services

The Website is intended for use by adults who are 18 years of age or older. By accessing or using the Website, you represent and warrant that you are at least 18 years of age.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.

By using or accessing the Services, you represent and warrant that you will not:

• attempt to or actually disable, overburden, damage, impair, or override the Services or interfere with other party’s use of the Services, including any security components

• use the Services for any commercial purpose

• misrepresent your identity or affiliation in any way (including, without limitation, by using email addresses or usernames associated any other natural person that is not you)

• “stalk” or otherwise harass another user

• upload, post, email, share, or otherwise transmit any material to either the Website or a third-party platform (including social media) that may be harass, disparage, or otherwise limit another user’s use or enjoyment of the Services

In addition, you are prohibited from using the site or its content:

• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances

• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

• to submit false or misleading information

• to collect or track the personal information of others

• to spam, phish, pharm, pretext, spider, crawl, or scrape

• for any obscene or immoral purpose

• to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet

A breach or violation of any of the Terms will result in an immediate termination of your Services. You acknowledge and agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences of any such breach. You agree to defend and indemnify the Website against any liability, costs, or damages arising out of the breach of your obligations.

 

2 – General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of the Terms.

 

3 – Copyright and Intellectual property

The Website, the Purchase Services and all of our related products are subject to copyright.

The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by us, and in the case of website contributors, by those contributors save that contributors give us a perpetual irrevocable royalty free licence to promote the Website or the Services and to pass on information for the benefit of the public.

No Content from the Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without out express prior written permissions, except that you may download or print a limited number of copies of the Services for your personal, non-commercial, home use only, provided you keep intact all copyright and other proprietary notices.

You may not, without our prior written permission and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. The prohibitions in this section 3 do not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

4 – Accuracy, Completeness & Timeliness of Information

We are not responsible if information made available on the Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

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Not Medical Advice: The information on this website, including texts, graphics, images or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. This website does not provide medical, professional, or licensed advice and is not a substitute for consultation with a health care professional. You should seek medical advice from a qualified health care professional for any questions. Do not use this website for medical diagnosis or treatment. None of the content on this website represents or warrants that any particular device, procedure, or treatment is safe, appropriate or effective for you. To the extent that we provide any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness.

Your reliance on any information on this website is solely at your own risk. We make no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information on this website.

 

Based in Australia: This Website is intended for use by individuals in Australia and is not targeted to non-Australian residents. The Website makes no representations that the information or materials on or linked through the Website are appropriate or available for use in other locations. Those who choose to access or use the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so. By submitting your personally identifiable information on the site, you consent to the transfer to and processing of such data in Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

THE SERVICES AND CONTENT ARE PROVIDED BY THE WEBSITE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE (AND THE WEBSITE’S LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

5 – Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

 

6 – Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

7 – Purchase of Products and Returns Policy

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

Payment of the Purchase Price may be made online by credit card or through PayPal (the ‘Payment Provider’).  In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Provider.

Following payment of the Purchase Price being confirmed by us, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use.

We may, at our sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

 

8 - Warranty

Our Products come with warranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

You may make a claim under this section 8 for material defects and workmanship in the Products within 30 days from the date of purchase (the ‘Warranty Period’).

In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to us showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending an email to us.

Where the Warranty Claim is accepted then we will, at our sole discretion, either repair or replace any defective Products or part thereof with a new or re-manufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

The Warranty shall be the sole and exclusive warranty granted by us and shall be the sole and exclusive remedy available to you save for any non excludable rights and under a law in Australia in relation to the Products.

The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set out below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

 

9 – User Comments, Feedback & Other Submissions

If, at our request or without a request from us, you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

10 – Personal Information

Our collection, use, and transfer of personal information through the Service is governed by our Privacy Policy.

 

11 – Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

 

12 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

13 – Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

14. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

 

15 – Contact Information

Questions about the Terms of Service should be sent to us at nutritiouscookbook@gmail.com.

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