Terms and Conditions
Welcome to 123 Nourish Me. Also known by the name Nourish Me Kids and/or 123 Nourish Me PTY LTD (ACN 634113778) 123 Nourish Me provides the services and products available on this website to you subject to the following terms and conditions. By accessing or using our website, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these terms and conditions. If you access only a portion of this site and thereby bypass this agreement, your use of this site still binds you to these terms and conditions. For this reason, we encourage you to review these terms and conditions whenever you use this site. If you do not agree with any of these terms and conditions, we encourage you not to use the www.123nourishme.com.au website.
123 Nourish Me reserves the right to change these terms and conditions without prior notice. By accessing this website, you are bound by the most current version of the terms and conditions. For this reason, we encourage you to read these terms and conditions whenever you use this website.
Intellectual Property and Copyright
All content available on this website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and software, and the compilation thereof (the “Content”) is the property of 123 Nourish Me and Nourish Me Kids and is protected by Australian and international copyright laws. The trademarks, logos and service marks displayed on this website (the “Trademarks”) are the registered and unregistered marks of 123 Nourish Me our affiliates, our licensors or our partners, in Australia and other countries, and are protected by Australia and international trademark laws. All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us. You may not use 123 Nourish Me’s or its partners’ or affiliates’ trademarks and trade dress in connection with any product or service without the express permission of 123 Nourish Me.
The Content of this website, and the site as a whole, is intended solely for personal, non-commercial use. You may download, print and store selected portions of the Content, provided you (1) use these copies of the Content only for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. 123 Nourish Me retains all its intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from 123 Nourish Me or Nourish Me Kids.
Links to Third Parties
We are not responsible for the content of any other websites linked to or from this website. We provide links on this website for your convenience only and do not endorse the referenced content, product, service or supplier. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of other websites linked to or from this website, nor do we assume any responsibility or liability for the actions, content, products or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. Carefully review the terms and conditions and privacy policies of all other websites that you visit.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The prices displayed on the www.123nourishme.com.au website are quoted in AUD dollars and are inclusive of GST. If you are ordering from any other currency once selected country the price will be reflective of the currency of that country. All transactions are processed in AUD and will be converted at checkout.. GST is applicable to all orders.
While 123 Nourish Me strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product or service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, 123 Nourish Me may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account for the amount of the incorrect price.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. 123 Nourish Me reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account or the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.
Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
123 Nourish Me needs to be informed within 48 hours of orders with damaged products received by the customer. If the item has been damaged this must include an image of the damaged product received. If no response is received by the customer within the 48 hour period, unfortunately 123 Nourish me is not obligated or required to refund or replace the product.
Please also review our Shipping and Delivery Policy and Returns Policy before you place an order.
Please note that during any sale no coupon codes will be available to use except for the coupon code valid for the sale. All coupon codes will be available to use again once the sale is over.
We reserve the right to alter our prices at any time and during sale times products will be discounted from their full recommended retail price.
123 Nourish Me does not supply goods on a sale or return basis. We are not obligated to refund items unless they are defective or damaged. We will of course meet all our obligations under the Australian Consumer Law. We go to great lengths to ensure the quality of our products and your satisfaction with them.
Being that our individual ingredients are organic in nature there is a wide variance seasonally with the scent, texture and overall appearance between batches. The is normal for organic products. We do not refund on change of mind or dislike of products.
Use-by Date Policy
123 Nourish Me does not use artificial preservatives; be aware that the shelf life of our products can be as little as 4 weeks from when they are made. Please be aware of this this when you place your orders. Note however that special promotion products may have a shorter use-by date, but this will be at least 4 weeks from the date the product is sent.
Orders within Australia
Incorrectly dispatched products will be credited for in full, if returned to us promptly (2-3 days) and unopened. Postage is not refundable on returns. All of our orders are traceable through eParcel tracking. A tracking number is emailed to you upon receipt of your order.
Please note with the tracking of your order, you are responsible for signing on delivery or assigning someone else to sign. It is not the responsibility of 123 Nourish Me if an order has been signed incorrectly. The onus is on the customer to follow up with Australia Post.
If an incorrect address has been entered and the product is returned to 123 Nourish Me the onus is on the customer to pay for the item to be reshipped. 123 Nourish Me is not responsible for shipping costs of any items with incorrect addresses entered. It is the customers responsibility to make sure that the address has been entered correctly before checking out.
Shipping and Delivery Policy
All prices displayed on this website do not include shipping costs. We charge the following shipping rates per order:
Shipping Costs and Time Frames
Within Australia: flat rate standard post AUD $9.95 or express rate AUD $13.95 Express orders are sent within one business day. Standard postage is sent within 5 business days.
Please note that for Standard and Express Post, we are not responsible for Australia Post’s time frame in delivering orders on time.
Shipping costs are charged as direct carrier rates to the country of origin. These can be found when you have selected your currency and reached check out.
International Shipping has two options.
1 – Standard shipping with an estimated time frame between 21 – 28 days
2 – Express Shipping with an estimated time frame 10 – 14 days
Please note that our orders are shipped from Australia. Tracking is only available if express option is selected once your item has been scanned by Australia Post and again once it reaches and is scanned in the country of destination.
There may be a period of time where tracking is unavailable while the product is in transit if standard shipping has been selected. Please note that there may be a period of 2 weeks while the order is in transit where it is untrackable.
This is the standard procedure for orders send via Australia Post to external carriers.
If you have queries about your order – our orders team can be reached via email [email protected]
Please note that for International Standard and International Express Post, we are not responsible for Australia Post’s time frame in delivering orders on time.
Duties and taxes are assessed by customs and are the responsibility of the customer. 123 Nourish Me is not responsible for additional taxes in countries outside of Australia.
For countries that charge custom taxes the consumer is responsible for customs on goods valued at a certain amount. For parcels over a certain amount or more may be subject to customs fees, payable by the receiver.
If an incorrect address has been entered and the product is returned to 123 Nourish Me the onus is on the customer to pay for the item to be reshipped. 123 Nourish Me is not responsible for shipping costs of any items with incorrect addresses entered.
Parcels that are left unclaimed at the post office or at customs and returned to 123 Nourish Me will be charged at cost to the customer to be resent.
For an incorrect order returned 123 Nourish Me agrees to pay the fines associated and issued by the carrier and will not charge the customer for this fine.
Once your order ships, you’ll receive a shipping confirmation email that includes your tracking number.
We do not ship Saturdays, Sundays, or public holidays. If your order requires additional information to fully process, we will be in touch by email.
Please note for international orders outside of Australia – tracking will not be available until the item has been scanned by the country of destination.
Contacting 123 Nourish Me Australia about this website
Our website is presented “as is.” 123 Nourish Me makes no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the website, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose, unless such representations and warranties are not legally excludable. You agree that 123 Nourish Me will not be responsible or liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the website; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failure or malfunction which may occur in connection with your use of the website, including during hyperlink to or from third-party websites; or (f) events beyond our reasonable control. Further, to the maximum extent permitted by law, we will not be liable for any indirect, special, incidental or consequential damages of any kind (including lost profits) related to the website regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
123 Nourish Me Australia makes no representation that content provided on this website is applicable or appropriate for use in locations outside of Australia.
123 Nourish Me assumes no risk or responsibility for your use of any of the content provided on this website.
The information contained on this website referencing ingredients, processes, medicines and treatments is intended as an educational aid only. It is not intended as medical advice for individual conditions or treatment. It is not a substitute for medical advice, nor does it replace the need for services provided by medical professionals. 123 Nourish Me recommends speaking with your doctor or pharmacist before changing your personal care regimen or taking any drugs or medicines. Only your doctor or pharmacist can provide you with advice on what is safe and effective for you.
Under no circumstances shall 123 Nourish Me Or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representative of 123 Nourish Me. Has been advised of or should have known of the possibility of such damages.
If you are dissatisfied with this website or any content on the site, or with these terms and conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of 123 Nourish Me. Under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100.00).
Enforcement of Terms and Conditions
By accessing and using this website, you agree that your access to and use of this website are subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to Australia.
Actual product packaging and materials may contain more and different information than what is shown on our website. Ingredients are subject to variability and my vary depending on what is available. We recommend that you don’t rely solely on the information presented and you always read labels, warnings and directions before using or consuming a product.
When you read anything on this website, you must remember that we are not licensed physicians. We cannot diagnose or prescribe for you. We can make no disease claims. If you have any illness, disease or chronic health condition, you should seek out a trained professional. Therefore, the limited information on this website is for informational purposes only, and you should never rely solely on the information here. You remain responsible for what you do with this information, determining for yourself if you might benefit from anything here, in pursuit of your health and wellness goals. Only some of our products are tested and approved by the TGA. The informational content we provide is based exclusively on our own research, opinions, and personal experience. It is not intended to diagnose, treat, and/or take the place of medical treatment prescribed by a doctor or medical professional.
Any application of the information on this site constitutes the explicit waiver of any liability on our part.
Welcome to our website. This website with URL address https://www.123nourishme.com.au/ is owned and operated by 123 Nourish Me (Pty) Ltd, ABN 48 6341 1378.
The terms’ us’ or ‘our’ or ‘we’ refers to 123 Nourish Me (Pty) Ltd, the owner of the website, whose registered office is in Western Australia. The term ‘you’ or ‘your’ refers to the website user.
123 Nourish Me (Pty) Ltd is a business that provides the following services and products:
- Online Shop of Organic Products
- Parenting and Nutrition Journals
- Nutritious Recipes
- the use of this website
- all services and products provided through this website.
Should you not agree with any of these terms and conditions, please do not use our website.
- Your use of this website is subject to the following terms and conditions:
- When you visit this website and use our services or purchase our products, you agree that you have read these Terms and all related documents and that you are willing to be bound by them.
- The content of this website is for your general information and use only. It is subject to change without prior notice.
- We may update our terms and conditions from time to time, and the new provisions will apply from the date they are updated.
- Disclaimer (General)
- Whilst every care is taken, [insert business name] does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
- The information available through this website site is provided for Organic Products, Journals & Nutritious Recipes purposes only.
- You are solely responsible for any results you obtain as a result of using the information on this website.
- You acknowledge and agree that no information or advice provided by us, including that contained on this website, in any way constitutes Education and Organic Family Essentials Provider advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website.
- This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.
- Copyright, trademarks and other intellectual property
- 123 Nourish Me (Pty) Ltd owns the intellectual property rights in all of the content of this website or has permission to use or display the material on this website.
- You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.
- Please email [email protected] if you require permission to reproduce any of the contents of this website.
- Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright.
- You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.
- Personal use only
- You may access, download, or print material from the website for your personal use only.
- Sharing any intellectual property or copyright material from this website for commercial use of any sort without permission is expressly prohibited.
- You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
- Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.
- No unlawful or prohibited use
- As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.
- You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website.
- You agree not to hack into areas of this website that are not intentionally made available to you.
- You expressly agree not to:
- engage in any internal or external spamming, or other similar actions
- engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions
- decompile, reverse engineer, or try to copy or imitate this website or underlying content
- use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.
- use data collected from the website for any direct marketing activity (including without limitation, email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).
- use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes.
- You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.
- Copyright infringement
- If you believe that there is material on our website that infringes third party intellectual property rights, please email [email protected] with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the 123 Nourish Me (Pty) Ltd website if appropriate.
- Third-party links
- This website may also, on occasion, include links to other websites which are not controlled by us.
- These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.
- Third-party links on our website do not signify that we recommend or endorse the websites.
- We have no control over the nature, content and availability of those websites.
- Website security
- 123 Nourish Me (Pty) Ltd makes every effort to maintain the security of the 123 Nourish Me (Pty) Ltd website, including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.
- 123 Nourish Me (Pty) Ltd disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.
- The 123 Nourish Me (Pty) Ltd website is managed by third-party services; therefore, the website may be inaccessible from time to time.
- Limitation of Liability
- 123 Nourish Me (Pty) Ltd will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.
- Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
- This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.
- You agree to indemnify and defend 123 Nourish Me (Pty) Ltd from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- your unauthorised use of this website or products or services included or advertised on this website
- You agree to indemnify and defend 123 Nourish Me (Pty) Ltd from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- Applicable law
- This agreement is governed by the laws of the State of Western Australia and you consent to the exclusive jurisdiction and venue of courts within the State of Western Australia, in all disputes arising out of or relating to the use of this website.
- You may provide notice to us through the contact us page or otherwise by email addressed [email protected].
- 123 Nourish Me (Pty) Ltd may provide notice to you via email or other electronic means.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and 123 Nourish Me (Pty) Ltd as a result of this agreement or use of this website.
- If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
- Feedback, comments, or complaints
- If you have any questions, please email [email protected]. We endeavour to respond to all inquiries within three business days.
By consenting to 123 Nourish Me’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at [email protected] for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honouring requests made in such messages.
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 value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us.Opt-in data and consent for text messaging will not be shared with any third parties except for messaging partners,for the purpose of enabling and operating our text messaging program.
Opt-in data and consent for text messaging will not be shared with any third-parties except for messaging partners, for the purpose of enabling and operating our text messaging program.