TERMS OF USE

The Terms of Use contained herein are the proprietary information of Nutrichologist, its affiliate’s or assigns. They will apply to all web-based and social media platforms, including but not limited to the website page of Nutrichologist, and shall include any domains or subdomains arising therefrom. The content of or derived from any of the sites, directly or indirectly, as well as any services derived therefrom, also directly or indirectly, shall be bound by the terms and conditions of these terms of use, as well as any applied by Nutrichologist from time to time.

These Terms of Use are binding upon all parties accessing, sourcing or utilising any of the information and all interaction between a customer or client and Nutrichologist shall be governed in accordance herewith. It is recorded that there is a Privacy Policy applicable to these terms of service, and that such policies shall prevail in respect of all obligations arising here from.

Nutrichologist shall be entitled to alter or amend any of the provisions of this Terms of Use at any time, and by any means. These changes are immediately effective once alterations have occurred, and there shall be no obligation upon Nutrichologist to draw to your attention any such changes or alterations. You will be able to view the updated Terms of Use on the Nutrichologist website and a copy may be requested by contacting the stipulated below.

Use of Site

You shall only be entitled to utilise the information imparted on this site and on ancillary platforms on the grounds of that:

  1. you are at least the age of majority or are represented by a guardian if you are not;
  2. you shall not utilise any of the information unlawfully, in any fashion that could interfere with or cause harm to any party whomsoever, whether the Nutrichologist domain or otherwise
  3. you shall cease and desist from intercepting, utilising, transmitting, or in any fashion dealing with any information, whether electronic or otherwise, including but not limited to software or data, that might contain any form of virus, malware, spyware or other component. You are specifically prohibited from accessing the site for the purpose of causing damage or interference to the site, or any of its visitors, at any time, by the introduction of any form of malicious software or bug. There is no limitation upon the prohibition of the types of such prohibited malicious software, and these shall include, but not be limited to Trojan horses, Easter eggs, any form of coded transmission or message, or any other form of malware, howsoever defined.
  4. you conduct yourself in a manner so as not to be harmful to other parties. This includes any messages which you might distribute, comments made on posts, replies to posts or in any fashion post, transmit or make available any content that is abusive, racial, hate speech, or in any fashion infringes upon another party’s rights in any way (which rights are defined in the broadest possible sense for the purposes hereof).
  5. you shall not catfish on any party’s account, nor shall you utilise any parties information or account without their prior written consent, and you agree that you will conduct yourself in a manner consistent with the behaviour expected in polite and civilised communication between adult parties. In this manner, you will conduct yourself properly and politely and refrain from utilising any form of obscene, profane, racist or other language, and shall not post any form of material, whether pictorial or otherwise, which could be deemed or regarded by any party whomsoever as being objectionable or inappropriate.
  6. you shall not sell, post, publish or share any advertising of whatsoever nature, and nor shall you solicit private information or data from any party sharing will utilising the site.

Monitoring

It is recorded that Nutrichologist shall reserve the right to monitor all utilisation of the site or other linked social media platforms. This shall include Instagram, Twitter, Facebook, WhatsApp or any other similar platform, and such monitoring shall be for:

  1. data trafficking
  2. usage statistics,
  3. surveys
  4. protection of the data and information owned by Nutrichologist
  5. protection of the data and confidential information of other users on the site and social media
  6. general protection as might be determined by Nutrichologist from time to time.

Restrictive Conditions

Nutrichologist shall, in the dissemination of information, utilise its own trademarks and designs, as well as certain copyrighted information, and shall lawfully display those marks as are allowable and owned by other parties, including articles, recipes, blogs, postings, images and photographs, and other information, either pictorial, acoustic or written, and in such regard the property shall remain owned by the owner thereof, and the use thereof may not create an inference or implication that the said material is made available freely for public dissemination or use. Unless recorded to the contrary, access to the site shall be for personal, individual and non-commercial use only, and you shall not acquire any rights, whether of ownership or use, in any of the content displayed or disseminated by the site in any fashion whatsoever. Any unauthorised use will immediately terminate any permissions granted in this terms of use, and to the extent that such an authorised use is in violation of a legal provision, you shall be held accountable for such unauthorised use by the party suffering damage. You waive and abandon all or any claims, of whatsoever nature, and from whatsoever cause arising in respect of any claims which might be brought by any party suffering or purporting to suffer injury or loss arising from your unauthorised use thereof.

Copyright and Trademark

All copyrights are automatically reserved as to ownership. Any content displayed, utilised or downloaded from the site shall automatically be deemed and regarded as copyright or trademark, until the converse is proven to be applicable. You agree and undertake that you shall regard any information found on the site or on any of the social media platforms as being copyrighted or trademarked to Nutrichologist, or that Nutrichologist has the rights to utilise same, but that these rights are not visited upon you as the user in any fashion whatsoever. All trademarks, logos, identifying features shall remain the property of their respective owners, and nothing on the site shall be construed as granting, by implication, estoppel or otherwise, any right of use or ownership therein. There shall be no legitimate expectation of the right of use, and unless prior written consent is obtained from the owner of the mark, then any such use without permission shall be deemed to be unlawful and you shall be in breach of the conditions of these terms of service. Any such breach shall be capable of being executed upon by operation of law.

Third Parties

It is a feature of this site, as well as of social media platforms, that there may be links to other sites information which might be web based and available to the user by utilising such link. Nutrichologist shall not be held liable for any harm or damage, from whatsoever cause arising, in respect of the utilisation of a third party link, whether direct or indirect, and there shall be no claims against Nutrichologist in respect of any harm or damage suffered or sustained as a result of the utilisation of same.

Bookings, Purchases and Downloads

Nutrichologist offers paid and free downloadable content, live classes and programs both live and virtual and coaching. When you purchase one of these options you are agreeing to the relevant terms as stipulated below:

Free Content – free content is available on registration and receipt of a password. Free content will remain available for as long as deemed necessary by Nutrichologist and you are required to make the necessary backups and/or printing of the free content as per the resources available to you. In the event that the free content is no longer available, updated or altered Nutrichologist will not be responsible for any inconvenience, potential loss or damages.

Paid Downloadable Content – paid downloadable content will be available for a minimum of 12 months. You will receive an email with a  link to download the content on completion of successful payment. You will also have access to your purchases and history of your purchases via your My Account page. PLEASE NOTE: you are required to download save, print or store the information as per the resources available to you. Nutrichologist will maintain access to content you have purchased for a minimum of 12 months whereafter Nutrichologist cannot be held responsible for any losses, inconvenience or damages and will not be obliged to restore or refund your purchase/s.

Programs (Live & Virtual) & Live Events – are run according to minimum attendees or registrants and can be cancelled without explanation or continued expectation. In the event where Nutrichologist initiates the cancellation a full refund will be done.

Coaching (Live & Virtual) – is offered as a single, grouped or packaged service. All bookings work according to scheduled appointments. Attendance, punctuality and participation is paramount to the coaching process and clients are expected to honour their commitments. Appointments can be rescheduled no later than 24 hours prior to the scheduled time and date with a maximum of 3 reschedules allowed. Non-attendance will mean the appointment is forfeited. Late attendance will mean the time missed will be forfeited.

Payments & Refunds 

Free Content – Nutrichologist does not / will not entertain any refunds or financial claims for free content

Paid Downloadable Content – Nutrichologist does not offer refunds for downloadable content

Programs (Live/Virtual) – All registrants are required to pay in full when booking for a program. Cancellations and refunds will be considered up to 2 weeks prior to the event. Thereafter a 50% refund will be given up to 1 week before the event. Cancellations 7 days prior to the event will forfeit their full fee.

Live Events – Cancellations and refunds are subject to registrants and in some cases third party venue restrictions. Please see Cancellations section regarding refunds

Cancellations & Refunds

Please note that the following terms apply to all Nutrichologist offerings unless otherwise stipulated on the product/event/session booking process.

Cancellations by Nutrichologist
Programs (Live/Virtual), Live Events, Coaching Sessions may be cancelled at the discretion of Nutrichologist in the event of insufficient registrants or for whatever reason Nutrichologist deems necessary. While every effort will be made to avoid cancellations, Nutrichologist retains the right to do so.

Cancellations by Registrants
2 weeks prior to event = Full Refund
1 week prior to event = 50% Refund
6 days or less = No Refund

General

  1. All material provided on the site and social platforms is provided for general utilisation and information only, and shall not be regarded as expert advice, nor as specialist information. Any reliance on any of the material contained on the site or provided by the Nutrichologist shall be at your own risk, and shall not be regarded as being a replacement of or a substitution for the services of a professional in any field. Nutrichologist provides the general information for you to utilise in deciding which trained professional to consult, as appropriate, and the information which you derive from the site may be shared with such trained professional in the obtaining of specialist or expert advice where appropriate. (See: Disclaimer)
  2. Nutrichologist shall not endorse, support, promote or in any other fashion give any representation or warranty about any of the information provided herein. The information is shared as general information, and may not be construed as being any form of medical treatment, or any treatment which requires to be dispensed by a licensed health care practitioner. Information received from the site should not be utilised, and any circumstances, as a replacement of proper medical or professional healthcare advice. No information provided by Nutrichologist shall replace any diagnosis, treatment or preventative advice as might be given by a health professional in the appropriate field of care. (See: Disclaimer)

Reservation of Rights

Nutrichologist reserves the following rights absolutely:

  1. The right to limit sales of products or services
  2. The right to limit quantities
  3. The right to amend descriptions of goods or services
  4. The right to discontinue any product or service
  5. The right to limit any warranty or guarantee on any product or service
  6. The right to refuse any order, or to cancel or limit any order in its entirety, without giving a reason therefore
  7. The right to have you blocked from the site or any social media platform, without giving a reason therefore
  8. The right to report you to the authorities in the event that there is any circumstance arising which gives Nutrichologist the belief that you have conducted yourself unlawfully or illegally, or contrary to the provisions of these terms of service
  9. The right to withhold information from you, without giving a reason therefore
  10. The right to amend or alter, within reason, billing or delivery procedures,
  11. The right to interrupt your access to the site, and/or remove the service without giving a reason therefore.

Disclaimer

Notwithstanding the generality of the aforegoing, you are expressly prohibited from utilising the site, the social media platform all its content:

  1. for any illegal or unlawful purpose
  2. to harvest data all to seek to solicit any party whomsoever to participate in any unlawful act
  3. in the violation or breaching of any laws, regulations or ordinances
  4. to copy, infringe or harvest any intellectual property right, belonging to Nutrichologist or its assigns
  5. to upload or transmit viruses or any other types of malicious code that can affect the site or have an effect on any of the software owned by other users, without restriction
  6. spam, phish, pharm, spider, crawl or scrape any information or data
  7. conduct any behaviour contrary to the terms of service herein
  8. this disclaimer is in addition to the overall site Disclaimer

Indemnity

You agree, by your use of the site, that you indemnify, defend and hold Nutrichologist harmless, including any subsidiaries, affiliates, assigns, or any other party connected to Nutrichologist, and hold them harmless against all or any claims, from whatsoever cause arising, whether perceived or actual, whether in damages or otherwise, and you expressly waive and abandon all or any of such claims in perpetuity. Your utilisation of the site creates express consent to your indemnity and waiver above.

Notwithstanding the generality of the aforegoing, you agree specifically that, under no circumstances shall Nutrichologist, its directors, officers, employees or contractors, be liable to you for any reason whatsoever, whether for injury, loss, claim or damages, whether direct or indirect, with a punitive, special or consequential, and which includes, without limitation, any perceived loss of profits, loss of revenue, loss of data, replacement costs or any other similar damages, whether based in contract or not, strict liability or otherwise, arising from your use of the site, or in any other claim related to the use of the site, it’s services or products, or the information disseminated therefrom. This limitation of your rights, and the indemnity offered shall relate to your use of the site, the service or any other claim, including but not limited to any errors or omissions in any content, or any loss or damage incurred as a result thereof.

Severability

To the extent that any provision contained herein might be determined to be unlawful or unenforceable, then such provision shall be capable of being severed from these terms of service without affecting the validity and enforceability of the remaining terms and conditions thereof.

Termination

The terms of service shall apply unless terminated expressly by Nutrichologist arising from any of the circumstances contained herein, or in respect of any circumstances in which, Nutrichologist, in its sole discretion, deems that a termination would be appropriate. Notwithstanding that the right of use of the site has been terminated, the provisions of this terms of service agreement shall continue to prevail in relation to the restrictions and prohibitions as contained herein. The provisions of these terms of service shall be governed in accordance with the laws of South Africa, and any dispute or conflict, from whatsoever cause arising, shall be governed in accordance with such laws.

Questions and Concerns

In the event you have questions or concerns about Nutrichologist Terms of Use please make contact as soon as possible and we will do our best to assist. You can contact us via the contact page on www.nutrichologist.com or send an email to dawn@nutrichologist.com