Terms and Conditions
Welcome to 123 Nourish Me. Also known by the name Nourish Me Kids (ABN number 60 437 812 093) 123 Nourish Me provides the services and products available on this website to you subject to the following terms and conditions. By accessing or using our website, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these terms and conditions. If you access only a portion of this site and thereby bypass this agreement, your use of this site still binds you to these terms and conditions. For this reason, we encourage you to review these terms and conditions whenever you use this site. If you do not agree with any of these terms and conditions, we encourage you not to use the www.123nourishme.com.au website.
123 Nourish Me reserves the right to change these terms and conditions without prior notice. By accessing this website, you are bound by the most current version of the terms and conditions. For this reason, we encourage you to read these terms and conditions whenever you use this website.
Intellectual Property and Copyright
All content available on this website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and software, and the compilation thereof (the “Content”) is the property of 123 Nourish Me and Nourish Me Kids and is protected by Australian and international copyright laws. The trademarks, logos and service marks displayed on this website (the “Trademarks”) are the registered and unregistered marks of 123 Nourish Me our affiliates, our licensors or our partners, in Australia and other countries, and are protected by Australia and international trademark laws. All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us. You may not use 123 Nourish Me’s or its partners’ or affiliates’ trademarks and trade dress in connection with any product or service without the express permission of 123 Nourish Me.
The Content of this website, and the site as a whole, is intended solely for personal, non-commercial use. You may download, print and store selected portions of the Content, provided you (1) use these copies of the Content only for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. 123 Nourish Me retains all its intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from 123 Nourish Me or Nourish Me Kids.
Links to Third Parties
We are not responsible for the content of any other websites linked to or from this website. We provide links on this website for your convenience only and do not endorse the referenced content, product, service or supplier. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of other websites linked to or from this website, nor do we assume any responsibility or liability for the actions, content, products or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. Carefully review the terms and conditions and privacy policies of all other websites that you visit.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The prices displayed on the www.123nourishme.com.au website are quoted in AUD dollars and are inclusive of GST. All transactions are processed in AUD. GST is applicable to all orders delivered within Australia.
While 123 Nourish Me strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product or service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, 123 Nourish Me may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account for the amount of the incorrect price.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. 123 Nourish Me reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account or the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Please also review our Shipping and Delivery Policy and Returns Policy before you place an order.
123 Nourish Me does not supply goods on a sale or return basis. We are not obligated to refund items unless they are defective or damaged. We will of course meet all our obligations under the Australian Consumer Law. We go to great lengths to ensure the quality of our products and your satisfaction with them.
Being that our individual ingredients are organic in nature there is a wide variance seasonally with the scent, texture and overall appearance between batches. The is normal for organic products. We do not refund on change of mind or dislike of products.
Use-by Date Policy
123 Nourish Me does not use artificial preservatives; be aware that the shelf life of our products can be as little as 6 months from when they are made. Please bear this mind when you place your orders. Note however that special promotion products may have a shorter use-by date, but this will be at least 6 weeks from the date the product is sent.
Orders within Australia
Incorrectly ordered or incorrectly dispatched products will be credited for in full, if returned to us promptly (2-3 days) and unopened.. Postage is not refundable on returns. All of our orders are traceable through eParcel tracking. A tracking number is emailed to you upon receipt of your order.
Please note with the tracking of your order, you are responsible for signing on delivery or assigning someone else to sign. It is not the responsibility of 123 Nourish Me if an order has been signed incorrectly. The onus is on the customer to follow up with Australia Post.
Shipping and Delivery Policy
All prices displayed on this website do not include shipping costs. We charge the following flat rates per order:
Within Australia: flat rate AUD $9.95 or express rate AUD $13.95.
FREE shipping for orders over $150.00 within Australia and New Zealand.
Contacting 123 Nourish Me Australia about this website
Our website is presented “as is.” 123 Nourish Me makes no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the website, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose, unless such representations and warranties are not legally excludable. You agree that 123 Nourish Me will not be responsible or liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the website; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failure or malfunction which may occur in connection with your use of the website, including during hyperlink to or from third-party websites; or (f) events beyond our reasonable control. Further, to the maximum extent permitted by law, we will not be liable for any indirect, special, incidental or consequential damages of any kind (including lost profits) related to the website regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
123 Nourish Me Australia makes no representation that content provided on this website is applicable or appropriate for use in locations outside of the Australia.
123 Nourish Me assumes no risk or responsibility for your use of any of the content provided on this website.
The information contained on this website referencing ingredients, processes, medicines and treatments is intended as an educational aid only. It is not intended as medical advice for individual conditions or treatment. It is not a substitute for medical advice, nor does it replace the need for services provided by medical professionals. 123 Nourish Me recommends speaking with your doctor or pharmacist before changing your personal care regimen or taking any drugs or medicines. Only your doctor or pharmacist can provide you with advice on what is safe and effective for you.
Under no circumstances shall 123 Nourish Me Or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representative of 123 Nourish Me. Has been advised of or should have known of the possibility of such damages.
If you are dissatisfied with this website or any content on the site, or with these terms and conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of 123 Nourish Me. Under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100.00).
Enforcement of Terms and Conditions
By accessing and using this website, you agree that your access to and use of this website are subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to Australia.
Actual product packaging and materials may contain more and different information than what is shown on our website. Ingredients are subject to variability and my vary depending on what is available. We recommend that you don’t rely solely on the information presented and you always read labels, warnings and directions before using or consuming a product.
When you read anything on this website, you must remember that we are not licensed physicians. We cannot diagnose or prescribe for you. We can make no disease claims. If you have any illness, disease or chronic health condition, you should seek out a trained professional. Therefore, the limited information on this website is for informational purposes only, and you should never rely solely on the information here. You remain responsible for what you do with this information, determining for yourself if you might benefit from anything here, in pursuit of your health and wellness goals. Only some of our products are tested and approved by the TGA. The informational content we provide is based exclusively on our own research, opinions, and personal experience. It is not intended to diagnose, treat, and/or take the place of medical treatment prescribed by a doctor or medical professional.
Any application of the information on this site constitutes the explicit waiver of any liability on our part.