TERMS & CONDITIONS

    YOUR AGREEMENT WITH US

    In these terms, "we" "us" and "our" refers to NUTRIENT AVENUE.

    NUTRIENT AVENUE permits all users who visit the Website, make a purchase on the Website, or access NUTRIENT AVENUE Content (referred to as you, or your) to:

    +   access and use the Website;
    +   place an order for any item/s, including e-Gift cards offered for sale through the Website;
    +   view and interact with any content, information, communications or other material provided by NUTRIENT AVENUE; and
    +   otherwise communicate with NUTRIENT AVENUE;

    subject to these terms and conditions (Terms).

    Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website and/or purchasing item/s from us, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms, then you may not access the Website.

    Any new features or tools which are added to the Website and online store shall also be subject to these Terms. You can review the current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. 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.

    Our store is hosted on Shopify Inc. They provide us with the online e-Commerce platform that allows us to sell our products and services to you.

    ONLINE STORE TERMS

    By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.

    By placing an Order through the Website, you are making an offer and commitment to purchase items in accordance with these Terms. An Order is subject to acceptance or rejection by NUTRIENT AVENUE in its discretion after receipt of the Order. NUTRIENT AVENUE may in its discretion cancel an Order. The Order cannot be cancelled by you unless you notify NUTRIENT AVENUE within 2 hours of the order being placed.

    Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment. If you do not receive a confirmation email, your Order may not have been accepted. If you haven't received a confirmation email, please contact NUTRIENT AVENUE to check the status of your Order.

    NUTRIENT AVENUE reserves the right, following receipt of your Order, to accept, decline or limit your Order for whatever reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you and your Order is cancelled by us.

    NUTRIENT AVENUE does not accept orders originating from outside Australia.

    ITEM REPRESENTATION

    Certain items may be available exclusively online through the website. These items 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 colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

    We reserve the right to limit the quantities of items that we offer. All item descriptions or item pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any item at any time.

    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

    ACCURACY OF BILLING AND ACCOUNT INFORMATION

    You agree to provide current, complete and accurate billing and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

    OPTIONAL TOOLS

    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

    You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

    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.

    RISK AND TITLE

    Title to the products in your order passes to you upon delivery.

    All risk of loss or damage to the items in your order passes to you when we deliver your order to the carrier. The occurrence of any damage during shipment will not relieve you from making payment of the purchase price.

    REFUNDS AND EXCHANGES

    REFUNDS

    NUTRIENT AVENUE will happily offer a refund or exchange for items you wish you to return on the following basis:

    +   the item is returned to us within 7 days of delivery;
    +   the item is unused, has its factory seals (if any) intact and is in the original packaging;
    +   you present proof of purchase; and
    +   you've contacted us and we've authorised the return.

    Several types of items are exempt from being returned. Perishable goods such as food cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials or flammable liquids or gases.

    Unfortunately sale items cannot be refunded.

    REFUND AUTHORISATION

    The items are your responsibility until they reach our office, so please ensure, particularly if you're shipping an item over $75, you use a traceable postal service or purchase shipping insurance. NUTRIENT AVENUE cannot guarantee that we will receive your returned item and will not be responsible for lost or damaged items.

    You'll be responsible for paying your own return shipping costs for your item if your return is for change of mind. Shipping costs are non-refundable.

    NUTRIENT AVENUE will refund the postage costs for any item deemed defective or damaged, provided we have authorised the return.

    WEBSITE ACCESS AND USE

    You may access the Website at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware.

    YOUR OBLIGATIONS

    By accessing and using the Website you warrant and agree that you will:

    +   only use it to view, cache, browse, display, print or download a copy of any content featured on the Website to your computer;
    +   use it for your own personal purposes and not for any purposes that are unlawful or may prejudice our reputation or interests of NUTRIENT AVENUE;
    +   not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
    +   not hack into, change or otherwise knowingly transmitting a virus or otherwise damage the Website or any information contained within it.
    +   not use the Website for any activity which is obscene, indecent, offensive or defamatory;
    +   refrain from tampering with, hindering the operation of or making unauthorized modifications to the Website;
    +   refrain from uploading onto the Website any material, or use the Website in any way which infringes the intellectual property rights of any person or which is unlawful or violates any law; or
    +   not breach any other terms of these Terms or our Privacy Policy.

        TECHNICAL INFORMATION AND SECURITY

        The transmission of data over the internet is not always secure. Although we endeavor to secure the Website, we are not liable for any breaches of security and you use the Website entirely at your own risk.

        We do not warrant that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interference due to factors outside our control.

        Your ability to access the Website will depend on factors out of our control and we do not take any responsibility or provide any warranties that the Website will be accessible through all web borrowers or that it will be accessible at all times.

        You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

        INTELLECTUAL PROPERTY

        The Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

        You should assume that intellectual property on the Website is owned by NUTRIENT AVENUE or third parties and unless permitted by law, you must not copy, reproduce, transmit, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.

        SUSPENSION OR TERMINATION OF ACCESS

        We reserve the right to suspend or terminate access to the Website at our sole discretion if we believe there has been a breach of these Terms.

        When that happens, we will endeavor to notify you of the breach and ways in which you can remedy them.

        THIRD PARTY LINKS AND CONTENT

        Certain content, products and services available via the Website may include materials from third-parties.

        Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

        We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

        COMMENTS AND CONTRIBUTION

        If, at our request, you send certain specific submissions (for example contest entries) or without a request from us 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:

        +   to maintain any comments in confidence;
        +   to pay compensation for any comments; or
        +   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, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

        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 libelous 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 Website 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.

        ERRORS AND INACCURACIES

        Occasionally there may be information on our Website 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 on the Website 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 on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

        OUR LIABILITY

        Except to the extent required by law, the contents of the Website are provided without any express or implied representations or warranties. We exclude all implied conditions and warranties relating to the content of the Website to the extent permitted by law. Where liability cannot be excluded any liability incurred by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

        You agree that NUTRIENT AVENUE and its committee of management, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any direct or indirect loss, or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of the Website or any other third party linked website.

        Under no circumstances will we be liable for any direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website.

        We are not responsible to you or anyone else for any loss suffered in connection with the use of the Website, any of its contents, for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses.

        INDEMNITY

        You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these Terms or of any other legal obligation by you or your use of or conduct on the Website.

        PERSONAL INFORMATION

        Your submission of personal information through the Website is governed by our Privacy Policy. To view our Privacy Policy.

        GENERAL

        SEVERABILITY

        In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

        TERMINATION

        The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

        These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Website, or when you cease using our Website.

        ENTIRE AGREEMENT

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

        These Terms and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, 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 these Terms).

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

        GOVERNING LAW

        These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia.

        CONTACT US

        Questions about these Terms should be sent to us at HELLO@NUTRIENTAVENUE.COM.AU.