Welcome to https://www.freshlynutrifood.com, the official website of Nutrifood . Please ensure that you read the terms and conditions contained herein carefully.
Any person using, accessing, browsing, framing and/or linking to any of Nutrifood’s food’s Sites in any way is a “User” for the purposes of these Terms and may be referred to as “Customer”, “User,” or “You” herein.
By accessing, browsing, using, framing and/or linking to any of Nutrifood’s Sites, you acknowledge that you have read, understand, and agree to be legally bound by the provisions and tenets of these Terms.
UPDATES TO THESE TERMS
a) The Terms herein are subject to change as we may from time to time make important revisions to these terms. Any changes to this Terms will be posted on Nutrifood’s Sites. All accessing, browsing, using, framing and/or linking to Nutrifood’s Sites is subject to the provisions of this Terms, as amended.
b) The contents of this website may include technical inaccuracies or typographical errors. Nutrifood may publish changes to the contents at any time without a prior notice to you. Nutrifood may also make improvements and/or changes in the products and services and/or the programs described herein at any time without a prior notice to you. Nutrifood shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using Nutrifood’s Sites, you agree to be bound by any such revisions and should therefore periodically visit Nutrifood’s Sites.
CONTENT OWNERSHIP AND COPYRIGHT
All rights to the Web Site, the content, information herein and other services and materials made available on this Web Site, including, without limitation to graphics, text, software application, codes, designs, images, page layouts, audio clips (collectively the “Materials”) are proprietary to Nutrifood and are protected by United States and International copyright laws as well as other intellectual property laws. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
RESTRICTIONS ON USE OF THE SITE AND ITS CONTENT
Unless otherwise stated and subject to all of the provisions of these terms and your compliance with these Terms, Nutrifood hereby grants you a non-exclusive, non-transferable, personal, non- sublicensable license to access and make personal use of Nutrifood’s materials published on Nutrifood’s Sites (“Materials”) exclusively for non-commercial use by you personally.
All other uses of Nutrifood’s Sites, its software and the Materials, including, but not limited to redistribution, copying, modification, publication, transmission, reproduction, display, incorporation into another Web site, mirroring Nutrifood’s Sites or in any other way exploiting any of the Materials, in part or in whole, is not permitted under this Limited License and may violate one or more of Nutrifood’s intellectual property rights and is prohibited without Nutrifood’s prior express written consent and is further subject to, but not limited to the following restriction:
- You may not reverse engineer, manually extract, or disassemble software material or create a derivative material from the website or services provided by Nutrifood except and only to the extent permitted by applicable law;
- You may not remove any copyright or other proprietary notices from the material of Nutrifood ;
- You may not attempt to determine the website architecture nor extract information or data about individual identities, usage of the web site or other activities via the use of any network monitoring software or as may be otherwise applicable;
- You may not upload or transmit any form of computer virus, malicious codes, worm, Trojan horse, defects, or any form of item capable of causing harm onto the web site;
- You may not attempt to gain access to unauthorized information.
INTELLECTUAL PROPERTY RIGHTS AND TRADEMARKS
Each party shall maintain all of its individual rights, title, subtitle and interest in and to all of its respective patents, copyrights, inventions, trademarks, domain names, community secrets, trade secrets, know-how and any other proprietary rights and/or Intellectual Property (collectively, “Intellectual Property Rights”).
Nutrifood is the owner or the licensee of all Intellectual Property rights related to our software and the services that we provide to you and users to use the services as binding under this Agreement. We reserve the exclusive and sole right to the software which is only being licensed to you and does not convey any additional rights in the service, or in any Intellectual Property Rights associated therewith. Subject only to the limited rights to access and make use of the service as explicitly stated herein; all rights, titles and interest in and to the Nutrifood Services and all hardware, Software, Additional Services and other components of or used to provide the Services, including all related Intellectual Property Rights, will remain with Nutrifood food and belong exclusively to us. Nutrifood shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit, and/or incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you or other third parties acting on your behalf.
Nutrifood and other product and service names, and logos used or displayed on the Service are registered or unregistered trademarks of one or more members of Nutrifood (collectively, “Trade-Marks”), and you may only use applicable Trademarks to identify you as our user; provided you do not attempt, now or in the future, to claim any rights in the Trademarks, degrade the distinctiveness of the Trademarks, or use the Trademarks to disparage or misrepresent us, Our services or products. Nothing in this website may be construed to grant to you, indirectly or directly, the use of a service mark or trademark reproduced on the website, whether belonging to Nutrifood or third parties suppliers, without a prior written permission of Nutrifood .
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
PRODUCT DESCRIPTIONS, AVAILABILITY AND PRICING
Product Description: Nutrifood attempts to ensure that products descriptions are as accurate as possible. However, we make no representation or give no warranties or undertakings of any kind, express or implied, with regard to the accuracy, reliability, timeliness or completeness of any such information. We do not accept liability for any loss of whatsoever nature or howsoever caused, arising directly or indirectly from the use of or reliance upon this website or any of the information it contains. Your sole remedy for a product not as described is to return it in unused condition.
Product Availability: Nutrifood uses its best endeavors to ensure products ordered are available for delivery, and in most cases will notify you when a product is unavailable prior to you completing your order. However, you acknowledge that in some cases this is not possible and Nutrifood may need to reject an order you have placed for a product where Nutrifood establishes that it is actually unavailable for delivery. In such cases Nutrifood will refund in full all amounts you paid in respect of such unavailable product.
Product Pricing: Pricing can change anytime on this website per the changes from manufacturers and suppliers and prices are subject to change even after the purchase has made as some product may be out of stock and ship directly from manufacturer or distributor. Subjected to order cancellation.
PAYMENT AND DELIVERY OF ORDER
Payment: The total cost of your order and/or purchase shall be displayed to you on the checkout page. We must receive payment in advance before processing your order, unless otherwise agreed in advance in writing. Payment can be made by most major credit or debit cards, and by other online payment methods made available to you at the checkout page. If you make use of a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorized to use. All credit/debit card holders are subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
Delivery of Order: If you order Products for delivery then the terms that apply to that delivery will depend upon the Product(s) that you order, the delivery address and the delivery method you select. Where we have agreed to deliver the Products, we will use reasonable endeavors to do so on any specified date we agree, or if no date is specified, within 30 days of the date of your order. In the case of circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the Products within these timescales and we will not be liable for any delay or failure to deliver the Products if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.
You must also do all that you reasonably can to enable the delivery to take place on the given date. If we are unable to deliver the Products as a result of your action or inaction (for example, you are not present at your property), we will need to arrange an alternative delivery date and we reserve the right to charge you a further fee for this. Unless we have agreed otherwise, Products must be signed for on delivery by a person aged 18 or over. Delivery will be completed when we deliver the Products to the address you specified in your order.
If you do not receive your Products on the stated delivery date, you must notify us immediately.
CANCELLATION, RETURN AND REFUND POLICY
Cancellation: To cancel an order, email us immediately at [email protected] Order cancellation request received after one hour of order, order will not be cancelled.
Return: In most cases, Nutrifood allows that items already shipped from our facility can be returned within 15 days of receipt of shipment. However, some products have different return policies and requirements associated with them. You agree to bear all shipping and insurance charges and all risk of loss for the returned product during shipment. You agree that all returned products will be unopened, factory seal, 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, our Return Procedure will be breached and we may in our sole and absolute discretion reject the entire return or choose to impose additional charges against you for replacement of the missing component(s).
We are unable to offer refunds or return on products that have been cut to size, made to measure or mixed to your individual requirements. Products which are liable to deteriorate or expire rapidly such as food items, groceries, wearable technology, electronics, appeal items, including PPE’s and Personal care products will not be exchanged or refunded unless they are faulty or incorrectly delivered.
Return Authorization: Nutrifood shall not accept returns without prior return authorization from the manufacturer. Upon receiving an authorization number from the manufacturer for a product return, you shall endeavor to return the product within 15 days.
Refunds: Following cancellation, subject to the Terms herein, we will refund you the price paid for the cancelled order (or part of the order cancelled). We will refund you using the same means of payment as you used to pay for your order or purchase. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods. Open and/or Used items are not refundable.
YOUR ACCOUNT, PASSWORD, AND SECURITY You will need to register with us and own a Nutrifood account in order to access and make use of certain Nutrifood services. You will also need to enter certain details during the “checkout” process. As a user, you must complete the registration process by providing Nutrifood with current, complete and accurate information as prompted by the applicable registration form. User also will create a password and a user name.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify Nutrifoods immediately in the event of any unauthorized use of your account or any other breach of security. Nutrifood will not be liable for any loss that User may incur as a result of an unauthorized third party having access to your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Nutrifoods or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. Nutrifoods reserves the right to refuse service, terminate accounts, terminate your rights to use Nutrifoods Services, remove or edit content, or cancel orders in its sole discretion.
TERMINATION OF YOUR USAGE
These Terms shall remain in force until terminated by either you or Nutrifoods. You may terminate these Terms solely by discontinuing your use of and access to Nutrifood’s Sites. Nutrifoods may terminate this Agreement, or suspend your access to all or part of Nutrifood’s Sites, without notice, for any conduct that Nutrifoods, in Nutrifood’s sole discretion, believes is disruptive to Nutrifood’s Sites, is in violation of any applicable law or is in violation of these Terms.
USER GENERATED COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
In these terms, “User Generated Comment” means any material (including without limitation to text, video material, audio material, and audio-visual material, feedbacks, suggestions) that you upload/submit to this Site for review by the public, by Nutrifoodsor for whatever purpose. Please be aware that user generated contents shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing or otherwise submitting any user communications to this website you understand and agree that you grant Nutrifoods a worldwide, non-exclusive, irrevocable, royalty-free license to reproduce, use, publish, distribute and translate such user generated content in any existing or future media.
You also grant Nutrifoods the right to sub-license these rights, and the right to bring an action for infringement of these rights. You warrant and represent that you own or otherwise control all of the rights to the contents that you provide onto the web site and that such content must not be unlawful, illegal, must not infringe on any third party legal rights, and must not have the capacity of bringing about any legal action; whether against you or Nutrifoods.
Nutrifoods shall have no obligation to monitor the contents provided by the website users, nor shall Nutrifoods have an obligation to remove any User Generated content that you have opted to input and share on the Nutrifoods website. However, Nutrifoods has the exclusive right to review any material posted to the website and to remove any materials in its sole discretion. Nutrifoods reserves the right at all times to disclose any information as Nutrifoods deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Communications or other materials, in whole or in part, in Nutrifoods ’ sole discretion.
Nutrifoods does not control or endorse the content, messages or information found in any User Generated section and, therefore, Nutrifoods specifically disclaims any liability with regard to them and any actions resulting what you do with any of such content.
COPYRIGHT INFRINGEMENT NOTIFICATION
Nutrifoods respects the intellectual property of others and asks its content partners and those posting to Nutrifoods Sites to do the same. Nutrifood’s network may not be used to transmit, retransmit, distribute, post, or store any material that is in violation of any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations, Nutrifoods has established procedures for enforcing this statement which are designed to be in accord with the Digital Millennium Copyright Act.
Please see Nutrifood’s Terms for a description of the procedures to follow if you believe that your copyrighted work has been copied and is accessible on any of Nutrifood’s Sites in a way that constitutes copyright infringement. i) Please note that any person who knowingly misrepresents to Nutrifoods that material is infringing shall be liable to Nutrifoods and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Nutrifoods and/or the alleged infringer as a result of Nutrifood’s relying on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to Nutrifoods that the material was removed or access blocked by mistake or misidentification shall be liable to Nutrifoods and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Nutrifoods and/or the copyright owner or its authorized licensee as a result of Nutrifood’s relying on such misrepresentation and replacing such removed or blocked material.
a) The Contents have been compiled by Nutrifoods from internal and external sources. While Nutrifoods has made attempts to provide accurate and valid information on Nutrifoods’s Sites, no representation is made or warranty given as to the validity, completeness or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from Nutrifoods’s Sites before you take any action upon it. No advice or information, whether oral or written, obtained by you from Nutrifoods, shall create any warranty not expressly made herein.
b) Nutrifood’s SITES ARE PROVIDED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Nutrifoods DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY OR SECURITY OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Nutrifoods DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES EXCEPT AS PROVIDED IN ANY APPLICABLE SLA, AND OPERATION OF Nutrifood’s SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF Nutrifood’sCONTROL.
You hereby agree to indemnify, defend, and hold Nutrifoods and Nutrifood’s subsidiaries, affiliates, licensors, officers, directors, representatives, partners, agents and employees harmless from any claim loss, liabilities or demand, including, but not limited to attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, Nutrifoods ASSUMES NO RESPONSIBILITY, AND IN NO EVENTAND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE SHALL Nutrifoods OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITES, EVEN IF Nutrifoods HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a) Arbitration and Dispute Resolution
By agreeing to these terms. You agree that you are required to resolve any claim that you may have against Nutrifoods through arbitration.
- Mandatory Arbitration of Disputes: You and Nutrifoods agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Nutrifoods , and not in a court of law except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
- Arbitration Rules and Governing Law: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
- Arbitrator’s Decision: The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
- Arbitration Fess: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We will pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $5,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
c) Waiver: No delay or omission by Nutrifoods to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Nutrifoods of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
By using the Nutrifoods service, you agree to submit to the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws as the law that will govern these Terms and any dispute of any sort that may arise between you and Nutrifoods .
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: https://nutrifood/contact-us/