Terms of Use
All the details you should know before using my website
Hey There
Thank you for visiting Nutrichologist.com (the “Site”). Like everything, it is always best practice to have a few guidelines and rules. That way, we all know what is or is not acceptable when hanging out together.
Nutrichologist publishes on the Site for general informational purposes only, and the following guides, Terms of use, and disclaimers apply if you wish to access and use the content on the Site. These will be updated occasionally, so check in for updates now and then. A date will be listed at the end to show when it was last updated.
Quick jump
Definitions
To make things easier to read and understand, the following definitions will apply throughout the Terms of Use (“Terms”), whether they are referred to in the singular or plural.
Nutrichologist – means the entity based in South Africa and may be referred to as: “Company”, “I”, “we, “us”, “our”, or variations thereof.
Nutrichologist.com – means the website and may be referred to as ‘Site’.
Device – means any device that enables access to the Website.
You – means any individual or entity (representative or not) accessing the Site, Services and Content provided by us and may be referred to as: “User”, “Reader”, “Follower”, or “Subscriber”.
Services & Content – means any output by the Site or Company (includes Social Media and Third Parties).
Downloads & Resources – means content that is available via electronic download or saved to your storage device and may be referred to as: “Download”, “Free Stuff”, “Resources”, “Learn”, or “e-Book”.
Social Media and Third Parties – means and includes any products or services (data or in person) provided by a third party or social media channel made available by the Company or Site.
Terms of Use – means the entire agreement between You, the Company and the Site when accessing or making use of the Services & Content and may also be referred to as “Terms” or “Terms and Conditions”.
Provisions – means any section or part of the Terms of Use and Privacy Policy.
Disclaimer
Health:
Nutrichologist is about empowering and helping You to explore personal health and wellness. We talk about health in the context of Mind (mindset), Body (our physical state) and nutrition (food and nourishment). Information provided in any format is done so purely for general knowledge purposes only.
While some information may impact dietary and/or lifestyle considerations, exercising good judgement and care remains solely your responsibility. No Services or Content obtained through the Site, Company, third parties or social media should be considered a substitute for proper medical counsel, diagnosis, guidelines or prescription, or professional advice (whether medical or otherwise).
You should always consult with the appropriate professionals before making lifestyle or dietary changes and never use information from this Site or the internet as a substitute.
We do not promote nor encourage You to try to self-manage existing or suspected conditions and remind You that You may be susceptible to pre-existing conditions without even being aware.
Accuracy:
We will always make every attempt to ensure that information contained on this Site has been obtained from reliable sources and checked for accuracy; however, Nutrichologist is not responsible in any way for any errors or omissions or the results (direct or indirect) obtained from the use of this information.
The Site is provided ‘as is” with no guarantee of completeness, accuracy or outcome. In no event will Nutrichologist, its related partnerships, partners, agents or employees be liable to You or anyone else for any decisions made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Testimonials:
Testimonials may be published by or from users that reflect their real-life experiences and opinions. Their results and experiences are personal to the respective user and may not necessarily be representative of all users. We do not claim, and You should not assume that all users will have the same experiences. YOUR RESULTS AND JOURNEY MAY VARY.
Testimonials are submitted in various formats and will be published verbatim except for correcting grammar or typing errors, shortened for brevity, or extraneous information that is irrelevant or appropriate for the general public is removed. These views and opinions belong solely to the user and do not reflect our views or opinions.
Ingredients:
The Site will always strive to list ingredients to the best of our knowledge and ability; however, it is solely your responsibility to determine what You can partake in or not. Suppose You have any allergies or suspect You are reactive to any substances. In that case, You are solely and totally responsible for properly educating yourself on the possible reactions before undertaking or ingesting any/all the ingredients.
You carry sole risk and responsibility for any food preparation, ingredient usage, the combination of ingredients or recipe utilisation. You shall have no claim against Nutrichologist, from whatsoever cause arising, in respect of your use of any of the content or information provided or referred to by Nutrichologist, whether directly or indirectly.
Nutrichologist makes no representation, warranties or guarantees about the content’s accuracy, efficacy, suitability, affiliate content, links or commentary whatsoever. Any persons or entities who access the information provided by Nutrichologist should do so with careful consideration, diligence and under the guidance of a health care professional if necessary.
Site:
You are expressly prohibited from utilising the Site, Social Media and Third Parties and all its content:
- for any illegal or unlawful purpose
- to harvest data or to seek to solicit any party whomsoever to participate in any criminal act
- in the violation or breaching of any laws, regulations or ordinances
- to copy, infringe or harvest any intellectual property right belonging to Nutrichologist or its assigns
- 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
- spam, phish, pharm, spider, crawl or scrape any information or data
- conduct any behaviour contrary to the Terms of service herein
- for any immoral or unethical purpose whatsoever (using the broadest definitions of the words).
Use of Site & Services
Use of the Site and services is governed by the Terms as set out here. By accessing and using the Site, You are entirely accepting the Terms and are bound by them. If You disagree with any part of the Term of Use, You may not access the Service and are prohibited from doing so.
You are entitled to utilise the Site, its Services and Content because:
You accept liability if You contravene the Terms:
- You are at least the age of majority as determined by the laws of your country or from where You are accessing the Site.
- You accept and comply with the Privacy Policy of the Company.
- You do not utilise any of the Services and Content unlawfully or immorally.
- You shall cease and desist from intercepting, utilising, transmitting, or in any fashion dealing with any information, whether electronic or otherwise, that might contain any form of virus, malware, spyware or other components.
- You are prohibited from accessing the Site to cause damage or interference to the Site, or any of its visitors, at any time, by introducing any form of malicious software or bug. There is no limitation upon the prohibition of the types of such prohibited malicious software.
- 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, reply 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).
- You shall not catfish on any party’s account nor utilise any parties information or account without their prior written consent. 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 appropriately and politely and refrain from using obscene, profane, racist or other language.
- You 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.
- You shall not sell, post, publish or share any advertising whatsoever, nor shall You solicit private information or data from any party sharing will utilising the Site.
Monitoring
Nutrichologist reserves the right to monitor all Site utilisation or other linked social media platforms, and such monitoring shall be for:
- data trafficking
- usage statistics,
- surveys
- protection of the data and information owned by Nutrichologist
- protection of the data and confidential information of other users on the Site and social media
- general protection as might be determined by Nutrichologist from time to time.
Restrictive Conditions
Nutrichologist shall, in the dissemination of information, utilise its 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. The use thereof may not create an inference or implication that the 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. 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 these Terms of use. To the extent that such an authorised use violates 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 any cause arising in respect of any claims 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 assume any information found on the Site or 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, and identifying features shall remain the property of their respective owners. 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. Unless prior written consent is obtained from the owner of the mark, then any such use without permission shall be deemed 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 a 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. 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, and your use of the Site is an express waiver of same.
Downloads & Resources
When You download or access a Resource, You agree to the relevant Terms as stipulated below:
Free Content:
Free content is available by entering your name and email address and agreeing to subscribe to the Company newsletters.
Free content will remain available for as long as deemed necessary by Nutrichologist. It would be best if You made the backups needed and/or printed free content per the available resources. Nutrichologist will not be responsible for any inconvenience, potential loss or damages if the free content is no longer available, updated or altered.
Nutrichologist does not / will not entertain any refunds or financial claims for free content.
General
All material on the Site and social platforms is provided for general utilisation and information only and shall not be regarded as expert advice or 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 a replacement or a substitution for the services of a professional in any field. (See: Disclaimer Section)
Nutrichologist does 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, under any circumstances, as a replacement for 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 Section)
Reservation of Rights
Nutrichologist reserve the following rights absolutely:
- The right to limit sales of products or services
- The right to limit quantities
- The right to amend descriptions of goods or services
- The right to discontinue any product or service
- The right to limit any warranty or guarantee on any product or service
- The right to refuse any order or to cancel or restrict any order in its entirety without giving a reason, therefore
- The right to have You blocked from the Site or any social media platform without providing a reason, therefore
- 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
- The right to withhold information from You without giving a reason, therefore
- The right to amend or alter, within reason, billing or delivery procedures,
- The right to interrupt your access to the Site and/or remove the service without giving a reason, therefore.
Indemnity & Waiver
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 Site utilisation of the Site creates express consent to your indemnity and waiver above.
Notwithstanding the generality of the foregoing, You agree specifically that, under no circumstances shall Nutrichologist be liable to You for any reason whatsoever, whether for injury, loss, claim or damages, whether direct or indirect, whether 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, and such limitations shall include, but not be limited to, any errors or omissions in any content or any loss or damage incurred as a result thereof.
Severability & Termination
Provisions:
Should any part of the Terms be found to be unenforceable or invalid as per the laws of South Africa, every effort will be made to revise, edit or clarify the interpretation to achieve the objective of that section or provision. This will, however, not affect the remaining provisions listed in these Terms or the associated Privacy Policy. Any portion of the Terms may be legally severable without this having any effect on the remaining Term, which shall be binding.
You:
You are advised that should You not agree with part of or the entirety of the current or future revised Terms; then You are to please stop using the Website and Services immediately.
ULTIMATELY THE USE OR RELIANCE UPON ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.
General Enquiries
For general enquiries, contact us via the contact page on www.nutrichologist.com or email dawn@nutrichologist.com, and every effort will be made to reply to You timeously.
