Terms and Conditions

We at Nourish thank you for using our Services. These services are provided by Multiverse Co. Pty. Ltd., whose registered office is 5 Frederick Street, East Gosford, NSW, 2250 Australia. Any references to “Nourish” or “Nourish.by” in the below terms are considered to be a reference to the directors, officers, employees and agents of Multiverse Co. Pty. Ltd.

We have endeavored to present our terms in the simplest manner possible. If you have any further questions, please do not hesitate to contact us!

Use of our Services

Nourish.by (”Site”) is an online platform that provides our users with a collaborative space to find, discuss and share information relevant to all things food (collectively, the “Services”). These services may change from time to time without prior notice and we may cease (temporarily or permanently) providing the Services to you or to users generally. Whilst we will always endeavor to provide prior notice of any changes to, or ceasing of services, we may not always be able to do so.

These Services may include advertising, particularly through access to Third Party Information that we provide with our “Search Functionality” (see “Third party information” below). The types and extent of advertising on Services are subject to change. In consideration of Nourish granting you access to, and use of Services, you agree that Nourish and any Third Parties may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by you or others.

User account registration

In order to access, use or receive certain Services, you may need to register and create an account with us ("Account") and become a registered “User”. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password. You will also have the opportunity to provide other Personal Information about yourself. Refer to our Privacy Policy for further details. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.

Passwords

You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account, whether or not you have authorized such activities or actions. Nourish is not liable for any loss or damage arising from your failure to comply with the above requirements.

Privacy

Any personal information that you provide to Nourish is subject to our Privacy Policy, which governs our collection and use of your personal information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving. Refer to our Privacy Policy for more information.

Third party information

The Services may also contain access to third party websites, resources and services provided by third parties. As noted above, this is particularly relevant to our Search Functionality. Nourish is not responsible or liable for:

  • the availability or accuracy of such services; or
  • the information, products, or services available on or through such third parties.

The availability of such third party services does not imply any endorsement by Nourish. You are responsible for and assume all risk arising from your use or reliance of any third party services.

Taste Maker content

Nourish is a place where Users can write, contribute and edit Content through the Services. While we intend for Nourish to be a collaborative space where users can share useful and interesting information about food, Nourish is not responsible for screening and/or verifying the information provided on or through the Services by Taste Makers and we make no guarantee or warranty that the information provided is accurate, complete, reliable or safe to practice.

By uploading, posting, submitting or otherwise transmitting any Content as a User or a premium content contributor, which we refer to as a “Taste Maker” you hereby grant to Nourish a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology. You grant to all other Users of the Services a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, modify, edit, download and print any Content, such as recipes and images, for such user's personal and non-commercial purposes. Nourish does not claim any ownership rights over any such Content and nothing in this Agreement will be deemed to restrict any rights that you may have to such Content.

You are responsible for your use of the Services, for any content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times and for any reason to remove or refuse to distribute any Content that you provide through the Services that violate these Terms.

Content produced by or for Nourish

Nourish exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Nourish or the Services ("Feedback") will be the sole and exclusive property of Nourish and you hereby irrevocably assign to Nourish all of your right, title and interest in and to all Feedback.

Subject to your compliance with the terms and conditions of these Terms, Nourish grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Nourish solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Nourish, except for the licenses and rights expressly granted in these Terms.

General Prohibitions

You agree that you will not post, upload, submit or otherwise transmit any content that: (i) is an advertisement or endorsement of a product or service; (ii) is useless or of no value to others; (iii) is knowingly false or intended to mislead, confuse, or deceive others; (iv) promotes illegal or harmful activities or substances; (v) contains items that have been identified by the Australian Competition and Consumer Commission as hazardous to consumers and therefore subject to an Interim or Permanent Product Safety Ban (vi) is harassing, threatening or insulting to others; (vii) violates the privacy, publicity, moral or any other proprietary right of others; (viii) is defamatory, obscene, pornographic, vulgar or offensive; or (ix) otherwise violates this Agreement.

You also agree not to do any of the following while accessing or using the Services: (i) attempt to access, tamper with, or use non-public areas of the Services, Nourish's computer systems, or the technical delivery systems of Nourish's providers; (ii) gather and use information, such as other users' names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iii) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (iv) violate any applicable law or regulation; or (v) encourage or enable any other individual to do any of the foregoing.

We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Nourish has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Indemnity

You agree to defend, indemnify, and hold Nourish, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.