Terms of Use

NUTRIP PLATFORM TERMS OF USE

Effective Date: 2 June 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE NUTRIP PLATFORM. BY ACCESSING AND USING OUR PLATFORM YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE OUR PLATFORM.

THESE TERMS OF USE ARE TO BE READ IN CONJUNCTION WITH OUR PRIVACY POLICY.

Background NUTRIP PTY. LTD. ACN 656 073 095 (We or Us) is the owner and operator of the Nutrip platform and website (www.nutrip.com) (Platform). We can be contacted at 121 King Street, Melbourne Victoria 3008, Australia or via email at enquiries@nutrip.com.
Compliance with Terms of Use by accessing and using the Platform, you warrant and represent to Us that you have read and understood these Terms of Use and agree to be bound by these Terms of Use.
Revision of Terms of Use we can modify or revise these Terms of Use, from time to time, and you agree to be bound by such modifications or revisions. We may notify you when these Terms of Use are amended; however, you should periodically review these Terms of Use, to ensure that you are updated as to any amendments.
Legitimate Purposes Only the Platform must be used for legitimate commercial business purposes only. You agree to use the Platform in a way which does not abuse it or its functionality, or otherwise restrict or affect the ability of others to access and use the Platform.
Additional Terms and Conditions in order to fully access and enjoy the Platform, you may be notified that you are required to use, download or install software (including for the avoidance of doubt a specific internet browser, browser version, a specific browser configuration, and/or Javascript) or content and/or agree to additional terms and conditions. You acknowledge and agree that any additional terms and conditions which are applicable to the Platform are hereby incorporated into these Terms of Use.
Ongoing Obligations These Terms of Use, as modified from time to time, will apply to you for so long as you access the Platform. Any clause of these Terms of Use which by its nature or effect is intended to continue to apply to you after you stop accessing the Platform, is capable of doing so, or is expressly stated to do so, and will continue in full force and effect after you stop accessing the Platform.
Company Content We grant to you a limited, non-exclusive right to access and use the Platform and all other content and material associated with the Platform which is owned by Us (and for the avoidance of doubt includes all trademarks, brand names, logos and audio visual materials incorporated into the Platform) (Platform Content), for the purposes of using and enjoying the functionality of the Platform. The access right only extends to your use of the Platform and ends after you stop using the Platform, or these Terms of Use otherwise cease or are terminated
Use of Platform and Platform Content You must not copy or reproduce the Platform Content or any other element of the Platform by any means or in any form without our prior written consent, except to the extent strictly required for you to access and use the Platform. You must not modify or alter the Platform's software in any manner whatsoever, or merge all or any part of the Platform's software with any other software, without our written permission. You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Platform. We are not obliged to support the Platform, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise. You acknowledge that in the event that We modify, enhance, update or upgrade any part of the Platform during the Term, these Terms of Use apply to that Platform part.
Intellectual Property
1. You retain ownership of all rights (including intellectual property rights) in any text, files, images, data, plans or other material (User Material) which you display, post, upload onto, publish or otherwise submit in your use of the Platform.
2. By submitting any User Material through the Platform, you grant Us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, display, make available and distribute, and otherwise use, exploit and dispose of the User Content you have submitted to the extent necessary for Us to provide the Platform to you and our other customers.
3. You represent and warrant that the submission of the User Content through the Platform does not and will not infringe the rights, including without limitation, the intellectual property rights, of any person or other third party.
Prohibited Content
1. Use of the Platform which is objectionable, unlawful, illegal, could interfere with or adversely affect the proper operation of the Platform or the use of the Platform by other users, or for other activities prohibited by Us (including submission of User Content which is objectionable, unlawful, illegal, or is otherwise prohibited), is prohibited. You are solely responsible for all User Content which you submit on or through the Platform, including for ensuring that all User Content that you submit on or through the Platform, and any material or information that you transmit to other users, complies with all applicable data protection and privacy laws.
2. We reserve the right to investigate and take any appropriate action (including removal of User Content without notice or legal action, if necessary) against you if We determine, in our sole discretion, that you have breached clause 10(a) of these Terms of Use. You must immediately notify Us if you become aware or reasonably suspect that a Platform user is in breach or will be in breach of clause 10(a) of these Terms of Use.
3. We reserve the right to reject, refuse to post/upload, or delete any User Content in our sole discretion, at any time (including after successful posting/uploading) for any reason.
User Interactions You are solely responsible for your interactions with other persons via the Platform generally. You acknowledge that We have no obligation to monitor your interaction with other users of the Platform and have no responsibility or other involvement in any dispute that may arise between you and another Platform user.
Collection of information You acknowledge and agree that We may, from time to time, use Javascript, cookies or other analytics tools in connection with the Platform, for purposes including but not limited to storing your Platform preferences, monitoring your use of the Platform, determining whether you have installed all required software, to authenticate sessions, to customise material that is made available to you, or to otherwise provide the Platform to you or to improve service quality or the operation of the Platform. We may, from time to time, share this information in anonymised form with its business partners or service providers. You acknowledge that if you set your computer to block all cookies, or do not have Javascript installed, you may restrict your access to certain features of the Platform. Any Personal Information collected under this clause is subject to our Privacy Policy.
Disclaimers To the extent permitted by law:
1. We do not warrant that the Platform (or any part of it) will be error free, or free from any viruses, Trojan horses, worms, spyware or other malicious code, or that your use of the Platform will be uninterrupted, or that the Platform will meet your requirements. Accordingly, you expressly acknowledge and agree that use of the Platform is at your sole risk, and further acknowledge and agree that to the extent permitted by law, the Platform is provided "as is", with all faults and without warranty of any kind. Accordingly, We are not responsible for any problems, failures or technical malfunctions of any telephone lines or networks, computer online systems, servers or providers, computer equipment, software, or any other object or material, related to your use of the Platform, including but not limited to any damage resulting from the access, download or use of Platform Content or other material used by you as part of your use of the Platform.
2. We make no warranties or representations regarding the security of material, data and information uploaded or submitted by you in your use of the Platform (including User Content) and are not responsible for the loss of any material, data and information uploaded or submitted by you in your use of the Platform (including User Content). You must take all steps necessary to ensure that any User Content used in connection with the Platform is regularly backed up by you or a third party.
3. We expressly disclaim, to the fullest extent permitted by applicable laws and regulations, any statutory or other guarantee or warranty relating to the Platform Content and the Platform, including but not limited to guarantees of acceptable quality and warranties of merchantability or fitness for purpose.
4. We cannot guarantee, and does not promise, any specific results from use of the Platform.
5. in no circumstances shall We be responsible for any loss or damage, including personal injury or death, resulting from use of the Platform, from any User Content submitted as part of the Platform or from your conduct, whether online or offline. Nothing in this clause 13 is intended to operate to limit or exclude warranties, representations or guarantees that cannot by law be limited or excluded.
Security of User Content Notwithstanding clause 13, We will make reasonable efforts to ensure that all User Content uploaded by you as part of your access to the Platform is secure and not able to be accessed by unauthorised third parties and is backed up. By submitting your Personal Information to the Platform, you agree to our use and disclosure of such information for the purposes of Us performing all of our obligations under these Terms of Use, and as otherwise permitted or required by law. We may disclose your Personal Information to third party service providers who assist Us in performing our functions and activities. Some of these third-party service providers may be overseas, in which case We will take reasonable steps to require them to comply with all applicable laws, including privacy laws. Any Personal Information collected under this clause is this clause is subject to our Privacy Policy.
Limitation of Liability To the fullest extent permitted by applicable laws and regulations, We will not be liable for any direct, consequential, special or indirect loss suffered by you or any other party arising from your use of the Platform Content, User Material, User Content or the Platform. Notwithstanding anything to the contrary in these Terms of Use, to the extent We are unable to fully exclude its liability pursuant to applicable legislation, our liability to you in respect of any cause of action whatsoever will not in aggregate exceed the total amount of $100. Further, to the extent that it is entitled to do so, We limit our liability in respect of any breach of any applicable legislation which cannot lawfully be excluded (including the Competition and Consumer Act 2010 (Cth)) to, and at our sole option, either (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied.
Governing Law These Terms of Use will be governed by the laws of the state of Victoria, Australia, and you expressly submit to the exclusive jurisdiction of the courts of Victoria in respect of all matters relating to these Terms of Use and your use of the Platform generally.
General
1. You agree that these Terms of Use constitutes the entire agreement between us and you regarding your access and use of the Platform.
2. You acknowledge our right to act against you to prevent a breach of these Terms of Use and further acknowledge that damages may not be an appropriate remedy in those circumstances. You also acknowledge that our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
3. Every provision of these Terms of Use is independent of the other. Any provision which is prohibited or unenforceable in any jurisdiction will be ineffective to the extent only of such prohibition or unenforceability, and the other provisions will continue in full force and effect.