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Website Terms of Use

Date last updated: 28 September 2023

These Terms and Conditions of Service and Sale relate to the use of and the purchasing of anything from the Nourished Life website (www.nourishedlife.com.au), or any associated platforms. By accessing our website, registering an account or purchasing from our website you automatically agree to these Terms and Conditions.

Parties

"Nourished Life", "we", "us" or "our" refer to 'The Future Collective Company Limited", which is part of the "HealthPost Group", trading under the name "Nourished Life", being a company incorporated in, existing and operating under the laws of New Zealand. "You" or "Your" refers to you as the customer and holder of a Nourished Life account or otherwise the user of our website and products.

Use of our website

Your use of the website, opening an account with Nourished Life and/or the ordering of anything from Nourished Life creates a legally binding contract between you and Nourished Life that is subject to these Terms and Conditions.

Governing law

The use of the website, opening an account with Nourished Life and/or the ordering of anything from Nourished Life is subject to the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute between you and Nourished Life.

Warranties & Liability

Except as expressly stated in these Terms and Conditions or on Nourished Life's website, Nourished Life makes no warranty or representation as to the merchantability, fitness for a particular purpose, suitability or efficacy of any product purchased by you from Nourished Life beyond any manufacturer warranty included with the product. Nothing in the former statement modifies, negates or restricts a consumer's rights and remedies under the Competition and Consumer Act 2010.

Subject to your rights and remedies under the Competition and Consumer Act 2010, to the fullest extent permitted by law, Nourished Life will not be liable for any:

1. Warranties, conditions and representations whether express, implied, statutory or otherwise, relating in any way to the website, your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through the website; and

2. Liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the website and the information, products supplied, offered to be supplied or advertised or accessed through this Website for any reason whatsoever (including negligence).

To the fullest extent permitted by law, Nourished Life's maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by you to Nourished Life in respect of the product excluding any amount paid for delivery.

You agree that if you are a "consumer" under the Competition and Consumer Act 2010 and you acquire any product for the purposes of a "business" (as those terms are defined in the Competition and Consumer Act 2010), the provisions of the Competition and Consumer Act 2010 are excluded in relation to those products. Otherwise, these Terms and Conditions are to be read subject to the terms of the Competition and Consumer Act 2010.

No warranty for use of website

While Nourished Life endeavours to ensure that no computer virus or malicious software is contained on our website, Nourished Life makes no warranty as to your use of the website and Nourished Life will have no liability for any damage to your computer or other hardware as a result of your use of the Website.

Limitations & permissions

www.nourishedlife.com.au contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

You may not make use of any logo or trademark displayed on the website without the express written consent of Nourished Life. You may link to the website from any other website provided that you agree to immediately remove that link if requested by Nourished Life.

Alteration of Terms of use

Nourished Life reserves the right to change these terms of use at any time, its discretion with or without further notice, and without any explanation of justification for such change.

Links to 3rd party websites

The website contains links to websites that are not controlled by Nourished Life (Third Party Websites). These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). Nourished Life makes no promises or warranties as to the content or security of any Third Party Website and you link to and use any such Third Party Website at your own risk.

Privacy

We collect, hold and protect the personal information you share with us in accordance with our Privacy Policy. Please read this for detailed information regarding our approach to your privacy.

You're in control of your personal information, and can ask for us to share this with you or delete this at anytime. To do this, simply email  and we'll action your request within 20 workings days.

Consent to use cookies

Our website uses cookies to give you the best user experience. Read more about the use of cookies in our Privacy Policy.

Consent to receive email communications

By using our site, registering for an account or making an order, you consent to us sending you relevant transactional emails about your user account and/or order.

You can opt to receive Nourished Life promotional emails from the form at the bottom of the homepage of our website, when you place an order, or when you register for a Nourished Life account. You can unsubscribe from these promotional emails at any time (simply click on the link in the footer of any promotional email we send you). We allow you to unsubscribe from all, or chosen promotional email newsletters (or re-subscribe if you change your mind and want to start receiving these again).

If you unsubscribe from promotional emails:

Your account will still be valid, and you'll retain any Nourished Life Rewards, and

You will continue to receive Nourished Life transactional emails regarding site usage, orders and account status.

We allow you to unsubscribe from a small set of transactional email reminders relating to your Rewards. Simply click on the link of any promotional emails that we send you to manage your preferences. You cannot access the manage preferences page from transactional emails or My Account on our website.

You can choose to receive no emails from Nourished Life and join our email blacklist. Simply contact us at . However, please note, this means that you will not receive any order confirmation emails or delivery updates. Once you have requested to receive no emails from us, we cannot reverse this.

Consent to receive browser notifications

When you visit our site for the first time, we will ask you whether you would like to receive browser notifications from Nourished Life. You can unsubscribe from browser notifications at any time by clicking on a notification and accessing your notification settings as per your internet browser software.

Mobile terms of service

The Nourished Life mobile message service (the "Service") is operated by "The Future Collective Company Limited", trading under the name "Nourished Life"("we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Nourished Life's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Nourished Life through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., Rewards and cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Nourished Life. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Nourished Life or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Nourished Life mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Nourished Life or email .

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

Accuracy of information

We aim to list current and accurate product information at all times. Every attempt has been made to list the ingredients, and attributes for each product to the best of our ability. However, it is possible that errors may occur and the information presented is be used as a general guide only and is not guaranteed. To the fullest extent permitted by law, Nourished Life does not accept any liability for any damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on our website. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The information shared regarding products and their features are compiled with care and attention. However, the accuracy relies on correct information and transparency from our supplier partners. We have strict guidelines that we communicate to our suppliers but subject to our obligations required by law, are not responsible if supplier information is revealed to be incorrect.

Please be aware that the ingredients in our products may change or vary from time to time. We rely on our suppliers to tell us if they make any changes to these, and this may take a few days to update on our site. We recommend you refer to the ingredient list on the product package you receive for the most up to date list of ingredients. We also recommend you review product ingredients when making a repeat order, as ingredients may change without this visually being obvious on our site, or on the front of product packaging.

Despite every effort to provide accurate images of each product's color and design, actual colors and design may vary slightly due to different device screen settings, the lighting of the image location, slight differences in product finishes over time, and other factors. Nourished Life is therefore not liable and not responsible for any color or design differences, except for factory faults. In purchasing from Nourished Life, you agree to accept the small risk that there will be a slight variation between the actual color and design, and the representation on our website.

Pricing

The prices displayed on the www.nourishedlife.co.nz website are quoted in USD dollars and are inclusive of Australia GST. Australia GST is applicable to all orders delivered within Australia.

Any orders delivered to New Zealand or Singapore are subject to 15% New Zealand GST, or 8% Singapore GST respectively. New Zealand and/or Singapore GST are not included in the product prices and are reflected in your 'Total to pay' section of the checkout in the Delivery and Tax field. Any order to New Zealand and/or Singapore, including shipping (and GST tax), will be transacted in AUD.

Recommended Retail Prices (RRP) displayed on www.nourishedlife.com.au are the RRPs as provided to us by our suppliers. Savings prices displayed are calculated off the Recommended Retail Price. These savings may not reflect our normal price, as we do not usually sell at the RRP.

Sales to customers outside of Australia may be subject to the payment of taxes and charges in their country. These will typically be payable by you before the package is able to be released from customs or your countries postal services provider. As these charges are outside of our control, Nourished Life accept no liability for the advance notice or payment of any such charges levied by your countries customs, import or postal authorities.

Prices for the products and services listed on the site are subject to change without any notice. We do our best to provide accurate pricing information but errors can occur from time to time. We have the right to refuse or cancel any orders placed for products incorrectly priced.

Product availability & rain checks

Product availability is subject to change without notice. Whenever possible, product out of stocks are clearly highlighted on the site - you can choose to receive an email notifying you when a specific product is back in stock. Nourished Life cannot offer rain checks or extend a discount to an out of stock product.

All special offers and promotions are offered strictly only while stocks last and only for the period of the promotion. Promotional pricing or offers may be withdrawn at any time without notice once available stock is exhausted. Nourished Life may choose to end a promotion early for any reason. In this scenario, no rain checks will be given. Promotional expiry dates and times are listed as Australian Eastern Standard Time (AEST).

From time to time we may run short, specific price promotions without explicit promotion expiry dates in order to clear out stock or achieve other short term business objectives.

Product expiry dates

Most products supplied to you will include an expiry date which will vary depending on the product. Our policy is to not dispatch any product within three months of its expiry date, unless otherwise stated on the product page or where the product is sold as part of a clearance promotion.

While our policy is not to dispatch any health supplement or skincare products within three months of its expiry date, we may stock food and drink products that have less than three months left on their expiry due to the nature of the product and shelf life of its ingredients. The product's expiry date will always be clearly stated on the product.

Payment

Please read our Payment Options FAQs for everything you need to know about paying for your Nourished Life products and services.

Orders will not be dispatched until satisfactory payment has been received by Nourished Life or any suspected fraud has been investigated. An order or transaction is not complete until products are dispatched. Nourished Life can refuse or cancel any order at its discretion and refund payment.

Nourished Life reserves the right to refuse to deliver any products ordered for any reason, including without limitation, unavailability of stock or a decision by Nourished Life to no longer sell a product. A refund will be given if payment has been accepted prior to any of these reasons.

Returns & Cancellation

If you change your mind about an order, we will endeavour to cancel and refund your order if it has not already been dispatched, however this may not always be possible. Please make sure you contact us with your order details as soon as possible. Unwanted products can also be returned for a refund within 30 days of purchase as long as they are in re-saleable condition (unopened, with undamaged packaging). Please refer to our Returns Policy for information on how to do this.

If you order a durable product from us, and find it to be faulty after a short period of use please get in touch at  and we can help you reach a solution.

NL Club Loyalty Program

Nourished Life operates a spend and earn Rewards Programme. For every $1 spent, customers will earn $0.05 back in "$NL" to use as a discount on future orders.

A Minimum spend of $50 required in order to redeem your NL$.

Reward $NLs can only be earned and redeemed by NL Loyalty Club members, which is joined by creating a customer account on the Nourished Life online shop www.nourishedlife.com.au.

Reward $NLs are valid for 180 days from the date of your last paid order. Nourished Life cannot return any Reward $NLs value which is not used as a discount after its expiry date. Please make sure that you are subscribed to our Rewards reminder emails so that we can communicate any upcoming Reward expiries.

Your Reward $NLs value will always be communicated as a dollar amount, that is available to use as a discount on future orders (so long as the future order is completed before the Reward points expire). Rewards are earned in Australian Dollars, for the paid cost of the products after any discounts are applied and are exclusive of the cost of delivery.

Reward $NLs cannot be earnt when purchasing a gift voucher or when purchasing other items and paying with a gift voucher.

You can see your Reward $NLs balance in the 'Rewards' tab of your account once you are signed-in to your account, and at the checkout page, when you are signed on.

Nourished Life Reward $NLs are not transferable for cash under any circumstances. Nourished Life Reward $NLs must be selected at checkout for the discount to be applied. Reward $NLs cannot be applied to an order after it has been placed. For more info, please read our NL Loyalty Club page and NL Club FAQ's.

NL Loyalty Club operates in a loyalty tier structure, according to the yearly spend on customer accounts. Yearly spend is calculated from account created date, and is recalculated yearly after that.

Higher loyalty tiers offer additional rewards as disclosed on the NL Loyalty Club

Nourished Life will revoke Reward $NLs that have been earned on orders that are subsequently returned or cancelled. If a customer has redeemed their Reward $NLs earned on that order before they are revoked, Nourished Life will apply a negative balance. Any new Reward points earned will clear this negative balance, before any new Reward $NLs will be generated.

Reward $NLs redeemed will not be reinstated where an order is cancelled due to failure to complete payment, an order is cancelled prior to dispatch or for items returned from a dispatched order.

Nourished Life can choose to make changes to our Loyalty Club Programme at any time. Nourished Life Rewards are unsecured and replacement or transferrable items of similar value will be not given in the event Nourished Life ceases trading due to liquidation, sale or some other business event.

Nourished Life reserve the right to edit customer Reward $NLs balances or loyalty tier without notification or explanation in the event that we have a genuine reason to believe that Reward $NLs have not been accrued correctly, and/or have been accrued in a way that is not in accordance with the intended use of the Loyalty Club programme.

Nourished Life also reserves the rights to change the offering available for loyalty tiers from time to time.

Nourished Life Rewards Club Discount Codes

When joining Nourished Life Rewards Club and qualifying for higher tiers in the club, discount codes will be sent to you via email. You must be logged into your account for the discount code to be redeemed. These codes are valid for 7 days.

Promotions and Offers

Nourished Life may, at its discretion, choose to offer promotions to specific group of customers for limited time. Offers may be conditioned with entering a promotional code, or orders may need to meet other spend criteria for the offer to take effect.

If for any reason any aspect of a promotion is not capable of running as planned, Nourished Life may cancel, modify or suspense at its discretion the promotion, subject to State or Territory regulation.

Promotional codes

Nourished Life may, at its discretion, choose to offer promotional codes including discount codes or free gift codes to certain customers from time to time. Each promotional code will have a clear expiry date and conditions for use, and will only be applicable for the group of customers it is offered to. Promotional codes cannot be exchanged, or their value used for sales that do not meet the code conditions. No rain checks will be offered for promotions code where the product is out of stock.

The following general terms and conditions apply to all promotional code promotions, unless stated otherwise in the specific promotion conditions:

Specific terms and conditions apply to promotional codes, unless stated otherwise:

Each promotional code has specific terms and conditions that are specified in the promotion. A customer must meet the promotion requirements to gain the promo code discount or free gift.

Promotional codes are valid for a limited time only, and unless specified can only be used by the account holder whom the code was offered to by Nourished Life. Nourished Life reserves the right to cancel the order or refuse the discount/free gift to customers using promotion codes offered to another customer

Nourished Life reserves the right to modify or cancel a promotional code at any time.

Some of Nourished Life promotional codes are single use codes, they cannot be used a second time on a subsequent order that meets the requirements of the promotion

A customer can only use one promotional code per order.

If the promotion has a minimum purchase requirement, taxes and delivery do not apply toward the minimum purchase amount.

Promotional codes are not transferable, and may not be resold or redeemed for cash.

If a customer has forgotten to apply a promocode on an order, the code can not be exchangeable for a cash refund.

Free gift codes can not be used for purchase of any other products except for the product offered as the free gift.

If you change your mind about your order or return products purchased using a discount code, we will only credit the amount paid for the products

Delivery fee is calculated on the order after discount codes are applied. Codes providing a discount will reduce the subtotal of the order. If this drops below our minimum spend for free delivery, a delivery fee will apply.

Discount codes offering free delivery will show a discount line once applied, rather than delete the delivery line altogether.

If you violate any of the general promotional code terms and conditions specified above or any of the additional terms and conditions specific to a promotional code, the relevant code will be invalid and the discount/ free gift will not apply.

Gift with purchase

Nourished Life may choose to offer a free gift when a customer purchases a certain product or product combination. Entering a valid Promotional code at the checkout may be a condition for a free gift to be added to an order. These are offered at Nourished Life's discretion and can end without warning. Customers cannot transfer the free gift for something of equal value or a discount. There may be limited stock of free gifts. If free gift stocks run out, Nourished Life is not liable to offer a replacement. If a customer returns an order that included a free gift, this free gift must also be returned to receive the order refund.

Prize promotions

From time to time, Nourished Life may run prize promotions on our main website or social channels. To enter a competition, a customer must meet the terms of the competition which will be clearly outlined in the relevant promotions. Nourished Life's decision is final regarding competition winners. Any prizes cannot be returned, exchanged or transferred for cash or products of similar value. In most cases, prizes are supplied by our partners. Nourished Life will clearly describe a prize but can only rely on descriptions provided by our partners. Nourished Life will meet all the requirements of the Commonwealth and the Competition and Consumer Act 2010 in designing prize promotions.

Gift Voucher

You, and any person who holds a Nourished Life gift voucher, agree to be bound by these Terms and Conditions and our general Terms and Conditions apply unless varied. 

You must choose the value of your gift Voucher at the time of purchase from a range of set denominations. The minimum value is $20 and the maximum value is $400. 

Your gift Voucher will be activated at the time of payment and will be valid for a period of 3 years. Any unused balance remaining on your gift voucher at expiry will not be refunded or credited by us. 

Nourished Life Rewards will not be earned on the purchase of gift voucher. A gift voucher is non-refundable and cannot be exchanged for cash. A gift voucher can be redeemed in whole as payment for products on www.nourishedlife.com.au or for part of a payment when products' total exceeds gift voucher's available balance. The entire balance of gift vouchers must be redeemed on a single order. Any unredeemed value will no longer be redeemable after the gift voucher 's redemption.

Available Gift voucher balances can be found once signed into Nourished Life account, on the 'Check gift voucher balance' tab, by entering the gift voucher code and selecting 'Search for gift voucher

A gift Card voucher be used in conjunction with another form of payment such as credit card to make up the full value of the purchase.

Some payment methods may not be available to use when purchasing a gift voucher, in accordance to their terms and conditions. 

Our usual returns policy will apply to purchases paid with a gift voucher. Credit for returned or refunded goods will be available in Nourished Life rewards on your online account for 180 days from your last purchase date. Where you have used both a gift voucher and another payment method in a single transaction, any refund will be applied to the gift voucher first.  

Gift vouchers cannot be used towards the purchase of another gift voucher. 

Promotional codes cannot be used when purchasing gift Cards. 

Upon payment for a purchased gift voucher, an email will be sent to the email address you have provided with a pdf. File containing the gift voucher code. You will be able to forward this email to your voucher recipient at your discretion.

Nourished Life is not responsible for lost, or stolen gift vouchers.

Delivery

Please read our delivery FAQs for everything you need to know regarding receiving your order.

Nourished Life uses third party carriers to deliver our parcels. If your parcel is missing or something has been damaged, please read our delivery FAQs for your country for more info about what to do and expect. Delivery times presented on our website are targeted delivery times only, and we are unable to guarantee delivery will be made within the targeted time you've selected. For support please get in touch as soon as your targeted delivery time expires.

Product information

The information on this website is intended for your general information and use only. It is subject to change without notice. It is not a substitute for medical advice from a health care professional and is not intended to diagnose, treat, cure or prevent any disease. Always consult your doctor or other qualified healthcare professional with any questions you may have regarding a medical condition. Do not disregard medical advice or postpone consultation with your health care professional because of information that you have read on this website . Always consult your medical practitioner before starting any new diet or health regime. Always consult your medical practitioner before using any products sold or recommended if you are pregnant or have any sensitivities. Always read the label of any supplements or natural health products you purchase and use only as directed. Vitamins and minerals are supplementary to and not a replacement for a balanced diet. Consult a health care professional if symptoms persist.

Reviews on the website are provided by users of our products and should be viewed in this context. Reviews are the experiences of real people with products they've used, not substantiated health claims. Individual results may vary.

User submitted content, including product reviews, testimonials, images and videos

We reserve the right to use all user submitted content we receive in our marketing and promotional material, both on and offline, identifying the submitter by first name only. If you don't want us to use your submitted content, please let us know.

Your submission of any such content confirms that you understand that this content may be used in a public context, either online and/or offline, and that Nourished Life specifically may use, modify, edit or republish any such content submitted. While we endeavour not to significantly alter the meaning and intent of submitted content, we do sometimes edit it to condense, summarise, improve readability or comply with our regulatory obligations, and reserve the right to do so.

Beyond prevailing legislation, Nourished Life has no obligation to screen or edit any content supplied by customers, but has the right to do so, and to modify, delete, refuse to post or remove any content, in whole or in part, from any portion of Nourished Life's websites or social media platforms, at its sole discretion for any reason whatsoever, including, but not limited to, content that violates these terms and conditions, doesn't comply with Australian regulations, or is otherwise objectionable. Defamatory, offensive, or irrelevant.

You may not be permitted to edit or delete any content you have submitted, but can ask us for it to be removed from online publication, and we will remove it so long as it's reasonably practicable for us to do so.

For more information please email

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