Your agreement with Wholesome Child Holdings Pty Ltd ABN 15 626 003 414 and Terms of Use of the www.nourish.wholesomechild.com Software is made up of (i) the Intellectual Property Disclosure and Ownership, (ii) the Privacy Policy and (iii) the Disclaimer.
Your Acceptance
By accepting these Terms of Use and by accessing Wholesome Child Nourish, you accept these Terms of Use and the Wholesome Child Holdings Pty Ltd’s Privacy Policy. You personally acknowledge that you have been duly authorised to access Wholesome Child Nourish by a licensee or by the licensor (Wholesome Child Holdings Pty Ltd “Wholesome Child”). You do not personally obtain a license for Wholesome Child Nourish “Software” but are granted a right to use, and you agree to comply with the terms of such use as outlined below.
Your Responsibilities
It is your responsibility to maintain the confidentiality of your password, and you are responsible for any activities that occur in Wholesome Child Nourish through your login. You shall treat other Wholesome Child Nourish users with courtesy and respect.
In using Wholesome Child Nourish, you must not do or try to do any of the following shall not:
- send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;
- intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- transmit content or use Wholesome Child Nourish that in the opinion of Wholesome Child acting reasonably may be considered harmful to or inappropriate for minors;
- use Wholesome Child Nourish to violate the legal rights (such as rights of privacy and publicity) of others;
- promote, encourage or participate in illegal or unlawful activity;
- interfere without cause in the reasonable enjoyment by other users of Wholesome Child Nourish;
- create multiple user accounts (unless duly authorised to do so), create user accounts by automated means or otherwise engage in false, fraudulent, deceptive or misleading conduct in respect of user identity;
- sell, trade, resell, transfer or otherwise attempt to dispose of a Wholesome Child Nourish login, or otherwise exploit any content on Wholesome Child Nourish for any unauthorised commercial purpose;
- modify, adapt, translate, or reverse engineer any portion of Wholesome Child Nourish;
- remove any copyright, trade mark or other proprietary rights notices contained in or on Wholesome Child Nourish;
- reformat or frame any portion of any web page that is part of Wholesome Child Nourish;
- use the Wholesome Child Nourish to create or provide software or services to a third party without the permission of Wholesome Child’s;
- misrepresent Wholesome Child or Wholesome Child Nourish as being associated with content with another website, web service, software service, software or other service without Wholesome Child’s prior permission.
(i) Intellectual Property Disclosure and Ownership
(a) For the purposes of this clause, Wholesome Child Intellectual Property includes but is not limited to Wholesome Child’s logo, mark/s, trademarks, patents, copyrights, processes, know-how, registered designs, material, learning material, meal plans, recipes or other like rights or any right to apply for registration of any of the former.
(b) In performing Services or providing Software to you, Wholesome Child retains and reserves ownership and all other rights in and to its Intellectual Property.
(c) You acknowledge that Wholesome Child owns all Intellectual Property created by it in connection with the Services or Software, that now exists or that later comes into existence. You assign all its rights in such Intellectual Property to Wholesome Child. You agree to do all things and execute all documents necessary to secure WC’s ownership of the Intellectual Property.
(d) You agree to not share or distribute any of Wholesome Child’s Intellectual Property to any third party unless approved by Wholesome Child.
(e) You agree to indemnify Wholesome Child fully against all liabilities, costs and expenses which Wholesome Child Holdings may incur as a result of any breach of this clause by you.
(f) Once the supply of Services and Software to you is complete, or if the supply is terminated, you shall return any and all Intellectual Property in your possession to Wholesome Child, shall remove Wholesome Child’s name and/or mark/s and/or trademarks from any material or item in your use or possession and shall no longer make use of any of the Intellectual Property.
(ii) Privacy Policy
Your privacy is very important to Wholesome Child. This privacy policy is designed to explain what personal information is collected on this Software, how the information is used, protected and recorded as well as your rights in regard to this. By using this Software you consent to the uses mentioned below. This privacy statement may be updated periodically for improvements so please check this page regularly to ensure you are aware of the most recent amendments. This privacy policy was last updated on 16 October 2019.
The term “Sensitive Personal Information” in this privacy policy means any information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life and sexual orientation; genetic data or biometric data.
The term “Personal Information” in this policy means any information from which your identity is apparent or can be reasonably ascertained.
What Personal Information we collect and why
We only use your Personal Information in order to provide Wholesome Child Nourish to you.
We collect and use the following information:
Email Address -– We collect your email address in order to invite you to register with Wholesome Child Nourish, to give you access to Wholesome Child Nourish as your email address is your user name for Wholesome Child Nourish, to be able to email you any notifications, to be able to email you a link to enable you to be reset your password when a reset password has been requested by you or your administrator as well as to be able to respond to any messages you send to Wholesome Child via Wholesome Child Nourish.
Name – We collect your name in order to communicate with you in a personal manner.
We never collect Sensitive Personal Information. You must not enter any Sensitive Personal Information into Wholesome Child Nourish nor provide it to Wholesome Child by any other means.
When you log in, we will set up a cookie to save your login information.
All information collected on this Software is not given to third parties. When registering with Wholesome Child’s Nourish program, sending a message to Wholesome Child or subscribing to any additional Nourish services such as a new course or webinar, your personal information including your name, email address and contact details are collected in compliance with the law and used for mailing lists and to provide you with requested services and products. Information provided by your browser when you visit this application may be recorded including the date and time you visit, the pages accessed and documents downloaded. Your server’s IP address and the address of the referring website may be recorded to make this application and Wholesome Child services more relevant and better utilised by you.
Wholesome Child will take reasonable technical and organizational precautions to prevent the loss, misuse or alterations of your personal information. Wholesome Child will store all the personal information you provide on its secure servers, although no credit card information is ever stored on its servers. Although all reasonable steps are taken to ensure the protection of your security when using this website, no transmission of information to and from websites is ever totally secure.
(iii) Disclaimer
This disclaimer covers the use of this Software. Use of this Software constitutes acceptance of all parts of this disclaimer. If you do not accept any part of this disclaimer, you must not use this Software.
The information provided on this Software is owned and copyrighted by Australian and international copyright laws to Wholesome Child. It must not be reproduced, duplicated, exploited or sold in any form, including on other websites, for commercial purposes without prior written consent.
Wholesome Child will not be liable to you or any third parties in respect of anything contained on this website or its use. This limitation of liability applies to any indirect or consequential loss, even if the potential loss has been advised to Wholesome Child.
Wholesome Child makes no representation or warranties in relation to this application, the information provided on it or its use. Nothing on this website constitutes medical advice of any kind. If you require advice in relation to any health or medical matter you should consult in person an appropriate, qualified health care professional. Wholesome Child does not warrant that the information on this website is complete, true, accurate or non-misleading. Wholesome Child does not warrant that this application will remain available or that the information on this application is current.
This application contains links to other websites as a resource for your use. However, Wholesome Child is not liable for nor does Wholesome Child endorse the content of third party websites.
If any part of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Suspension or Termination of Account
If Wholesome Child receives notice alleging, or otherwise believes in good faith, that you have violated these Terms, Wholesome Child may suspend or terminate your access to Wholesome Child Nourish and reserves the right to take appropriate legal or other action to protect its intellectual property.
If you have any questions about the Intellectual Property Disclosure and Ownership, Privacy Policy or Disclaimer, please write to:
Trading Name:
Wholesome Child Holdings Pty Ltd ABN 15 626 003 414
Postal Address:
PO Box 332
Rose Bay
NSW 2029
Australia