Terms & Conditions
Please read these Terms & Conditions carefully before using this Website.
The following Terms & Conditions are entered into by and between You and Nourishi Consulting GmbH ("Nourishi", "Company", "we", or "us").
These Terms & Conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms & Conditions"), govern your access to and use of www.nourishiconsulting.com, including any content, functionality and services offered on or through www.nourishiconsulting.com (the "Website").
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Nourishi and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
PRIVACY & COOKIES
Your use of the Website is also subject to Nourishi’s Disclaimer, which Informs users of various limitations regarding the information provided on the Website.
As outlined in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed medical, health, legal, financial, tax, or any other professional advice.
If you have any medical conditions, take any medication or have any health concerns, it is important that you speak to your doctor and that you do that before you make any changes to your diet or start a new nutrition program.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to its users.
PROHIBITED USE AND INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website solely for your personal purposes and strictly in accordance with these Terms & Conditions.
As a condition of your use of the Website, you warrant to Nourishi that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of this Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Nourishi or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
It is not allowed to resell Nourishi’s content. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express and written permission of Nourishi and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Nourishi or our licensors except as expressly authorized by these Terms.
Nourishi name, Nourishi logo, Nourishi slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Nourishi or its affiliates or licensors. You must not use such marks without the prior written permission of the Nourishi. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
ACCURACY AND PERSONAL RESPONSIBILITY
We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither Nourishi nor any of its owners, partners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
The Website may contain links to other Websites ("Linked Websites"). The Linked Websites are not under the control of Nourishi and we are not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement Nourishi of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that Nourishi may share such information and data with any third party with whom Nourishi has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
USE OF PROVIDED CONTENT
Nourishi provides various paid for as well as free courses, programs, nutrition tips and associated material for on this Website. Nourishi grants you a limited, personal, non-exclusive, non-transferable license to use these courses, programs, nutrition tips and associated material (collectively the “Material”) for your own personal use.
Except as otherwise stated, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Material provided to you in any manner. By accessing or purchasing Material, you agree that the Material you receive or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of Nourishi.
By receiving, accessing or downloading our Material you also agree that you shall not create any derivative products or services based upon Material and you shall not offer any competing products or services based upon any information contained in our Material.
You agree that Nourishi has not made any guarantees about the results of taking any action, whether recommended on this Website or not. While we provide educational and informational resources that are intended to help you succeed, you recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Nourishi.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Nourishi makes no warranties regarding the performance of this website or related to the courses, programs, information, materials, documents, products, or services included on or provided through this website. To the fullest extent permissible under the law, Nourishi disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
You agree to absolve Nourishi of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that Nourishi shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, materials, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Nourishi and/or its suppliers may make improvements and/or changes in the website at any time.
Nourishi and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Nourishi and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Nourishi and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if Nourishi or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue using the website.
We hope that in any situations where any differences or disputes might occur, we would be able to address them through in-person or email communication. However, should that not be possible, you agree now that the only method of legal dispute resolution that will be used is binding arbitration. Any dispute, controversy or claim arising out of, or in relation to, this agreement, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration (“Rules”) Institution in force on the date when the notice of Arbitration is submitted in accordance with these Rules.
The number of arbitrator shall be one.
The seat of the arbitration shall be in in Zug, Switzerland.
The arbitral proceedings shall be conducted in English.
The arbitration shall be binding upon the parties and their successors in interest. Damages are limited to the amount paid for the Personal Consultations or Nutrition course, as applicable.
Prior to seeking arbitration, you must send an email to Nourishi at email@example.com and include all of your reasons for dissatisfaction with our services. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your email to Nourishi referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
By purchasing our Products or Services you also agree that this agreement shall be governed by and construed in accordance with the laws of Switzerland without giving effect to any principles or conflicts of law.
In the event of a dispute between yourself and Nourishi you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage Nourishi, our employees, or any of our Products or Services. Where requested by law or arbitration you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any elements of these Terms and Conditions are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term, which shall be given full force and effect.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in these Terms and Conditions, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of these Terms and Conditions for any reason.
You agree to at all times indemnify, defend, and hold harmless Nourishi, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Nourishi reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nourishi in asserting any available defenses.
CHANGES TO TERMS & CONDITIONS
We reserve the right, in our sole discretion, to change the Terms and Conditions under which the Website is offered. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
The most current version of the Terms and Conditions will supersede all previous versions.
Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes. Please check this page from time to time so you are aware of any changes to Terms & Conditions.
If you have any questions regarding these Terms and Conditions, please contact us at firstname.lastname@example.org.
Nourishi Consulting GmbH is a limited liability company registered in Switzerland and with its offices at 2 Hinterburgstrasse, 6345 Neuheim, Switzerland.
Last revised on June 21, 2018