Terms & Conditions

Terms Of Use

Nutrito PTY LTD

Please read these Terms of Use carefully as they apply to your use of the Nutrito PTY LTD's (Nutrito) website and/or Nutrito's applications and other computer technologies (Services) and the use of those Services.

By using Nutrito's Services, you agree to be bound by the following terms and conditions (Terms of Use), including those additional terms and conditions and policies referenced herein. These Terms of Use apply to all users of the website, regardless of their purpose for accessing the Services.

If you do not agree to the terms and conditions set out in these Terms of Use, then you may not access any of the Services.

Any new Services, or any new features or tools which are added to an existing Service, shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. Nutrito reserves the right to update, change or replace any part of these Terms of Use by updating this page. You are responsible for checking this page periodically for any changes. Your continued use of or access to the Services following any changes constitutes acceptance of those changes.

1. Practitioner Registration

1.1 By registering as a practitioner with Nutrito, including by downloading the Services (Practitioner Account), you agree to be bound by these Terms of Use.

1.2 Each Practitioner Account remains active until terminated in accordance with these Terms of Use.

2. Fee Structure

2.1 In consideration for your use of the Services as a practitioner, you agree to pay Nutrito a percentage of all revenue generated through your use of the Services (Service Fee).

2.2 The current Service Fee percentage is specified on the Services platform and in your registration documentation.

2.3 Nutrito reserves the right to modify the Service Fee percentage from time to time by providing thirty (30) days' written notice to you. If you continue to use the Services after such notice period, you will be deemed to have accepted the modified Service Fee percentage.

2.4 The Service Fee will be automatically calculated and deducted from all transactions processed through the Services platform.

2.5 You agree that:

(a) all revenue generated through your use of the Services must be processed through the Nutrito payment system;

(b) any attempt to circumvent the Nutrito payment system to avoid Service Fees constitutes a material breach of these Terms of Use;

(c) Nutrito may suspend your access to the Services if you fail to comply with the payment provisions in these Terms of Use; and

(d) you are responsible for any applicable taxes on your earnings after Nutrito's Service Fee deduction.

2.6 Nutrito may at any time in its sole discretion suspend or terminate your Practitioner Account for any reason. If Nutrito suspends or terminates your Practitioner Account, any pending payment obligations will remain in effect.

3. Payment Processing

3.1 All payments for services provided by practitioners are processed through Nutrito's designated payment processor.

3.2 Nutrito will remit your earnings, less the applicable Service Fee, according to the payment schedule outlined in your practitioner dashboard.

3.3 You acknowledge that Nutrito acts as the payment collection agent for all transactions processed through the Services.

4. Refunds

4.1 Nutrito reserves the right to issue refunds to clients in accordance with Nutrito's refund policy.

4.2 In the event of a refund, the corresponding Service Fee for that transaction will be deducted from your future earnings.

5. Content

5.1 Your Practitioner Account grants you access to all such resources and content as Nutrito elects to provide from time to time.

5.2 Nutrito may in its sole discretion modify, remove or restrict access to any of the content contained on the Services at any time without notice to you.

5.3 You acknowledge that access to content and resources may be restricted by Nutrito (in its sole discretion).

6. Access Restrictions

6.1 Your Practitioner Account grants you a single user licence to access the Services. You specifically acknowledge and agree that:

(a) your Practitioner Account will only be available for you to use;

(b) you will not allow any other person to access your Practitioner Account;

(c) you will not print, copy, reproduce, communicate, give access to, share with another person or otherwise use any of the content on the Services except for your own professional use; and

(d) you are at all times responsible for any use of your Practitioner Account by any other person.

6.2 Nutrito does not provide any guarantee that you will be able to access the Services on any particular computer or device.

7. Intellectual Property

7.1 The material provided via the Services, including all information such as text, images, code, photographs, illustrations, artwork and other graphic materials, names, logos and trade marks, videos, music and animations are the property of Nutrito and are protected by copyright, trade mark and other intellectual property laws.

7.2 You agree not to alter, reproduce, reverse engineer, store in retrieval system, transmit, distribute, disseminate, sell, publish, broadcast or circulate the material on the Services or any part thereof, unless the prior written consent of Nutrito is obtained.

8. Accuracy, Completeness and Timeliness of Information

8.1 Nutrito endeavours to ensure that the information published on its Services is as accurate as possible. However, Nutrito is not responsible if information made available on the Services is not accurate, complete or current. Any reliance on the material on the Services is at your own risk.

8.2 Nutrito reserves the right to modify the Services at any time. However, you acknowledge that Nutrito does not have any obligation to modify the contents of the Services. You agree that it is your responsibility to monitor changes on the Services.

9. Third-Party Links

9.1 The external linked websites within the Services are not within the control of Nutrito. Nutrito does not take responsibility for the content in, or currency of, any externally linked sites. A link on the Services neither implies endorsement by Nutrito of the linked website, nor a relationship with the organisation linked.

9.2 You agree that Nutrito is not liable or responsible in any way for any third-party materials, third party websites, third party products or other third-party material.

10. Prohibited Use

10.1 You are prohibited from using the Services or any of the Services' contents:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any laws;

(d) to infringe upon or violate any person's rights;

(e) to harass, abuse, insult, harm, defame, intimidate or discriminate against any person;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or malware (or similar); or

(h) to circumvent the payment system or Service Fee structure.

11. Practitioner Representations and Warranties

11.1 As a practitioner using the Services, you represent and warrant that:

(a) you hold all required licenses, certifications, and qualifications to provide your professional services;

(b) you will comply with all applicable laws, regulations, and professional standards;

(c) you will maintain accurate and up-to-date information in your Practitioner Account;

(d) you will provide services to clients with reasonable care and skill; and

(e) you will maintain appropriate professional liability insurance.

12. Disclaimer & Limitation of Liability

12.1 Nutrito makes no guaranties, warranties or representations about the Services or any of the Services' contents. Without limitation, Nutrito does not guarantee, represent or warrant that use of the Services will be uninterrupted, timely, secure or error-free.

12.2 You expressly agree that your use of, or inability to use, the Services is at your own risk. The Services and all products and services delivered through the Services are provided 'as is' and 'as available' (unless expressly stated otherwise) for your use, without any representation, warranties or conditions of any kind, either express or implied.

12.3 To the maximum extent permitted by law, in no case shall Nutrito, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for:

(a) any injury, loss, claim;

(b) any direct, indirect, incidental, punitive, special, or consequential damages of any kind; or

(c) any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise,

arising from your use of any of the Services or any products or services procured using the Services, or for any other claim related in any way to your use of the Services or any product or services procured using the Services.

12.4 To the extent that the law of any state or jurisdiction does not allow the exclusion or limitation of liability as set out above, in those states or jurisdiction, Nutrito's liability shall be limited to the maximum extent permitted by law.

13. Indemnification

13.1 You agree to indemnify, defend and hold harmless Nutrito and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. Email marketing

14.1 You acknowledge that by providing your email address to us, you agree to receive email marketing from Nutrito and its related entities.

14.2 You may choose to opt out of any email marketing by clicking the appropriate link contained in any such email marketing.

15. User Comments, Feedback and Other Submissions

15.1 Nutrito owns and/or operates various user-generated websites and/or applications that permit users to submit, post, publish, tag or upload ("Submit") content, which may include, but is not limited to, comments, graphics, information, photos, reviews, text, videos or any combination thereof (collectively, "Content").

15.2 If you Submit any Content, you agree that Nutrito may at any time without restriction edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you Submit to Nutrito.

15.3 Nutrito is under no obligation to maintain any Content in confidence, pay compensation for any Content, or respond to any Content.

15.4 Nutrito may (but is under no obligation to) monitor, edit or remove Content that Nutrito determines in its sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or violates any person's intellectual property rights.

15.5 You agree that your Content will not violate the rights of any person, including any copyright, trade mark, privacy, personality or other personal or proprietary rights of any person. You also agree that your Content will not contain any defamatory or otherwise unlawful material, or contain any computer virus or other malware.

15.6 You agree that you will not use a false email address, pretend to be someone other than yourself or otherwise mislead Nutrito or any other person as to your identity. You are solely responsible for the Content you provide and its accuracy.

15.7 Nutrito is not responsible for, and assumes no liability in respect of, any Content posted by you or any other person.

16. Breaches of Terms of Use

16.1 You acknowledge that if you breach any part of these Terms of Use, Nutrito may in its sole discretion:

(a) suspend your Practitioner Account;

(b) terminate your Practitioner Account; or

(c) withhold payments due to you.

16.2 If Nutrito terminates or suspends your Practitioner Account in accordance with this clause, you may be liable for any resulting damages or losses incurred by Nutrito.

17. Australian Consumer Law

17.1 Nutrito's goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled:

(a) to cancel your service contract with Nutrito; and

(b) to compensation for its reduced value.

17.2 You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

17.3 You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

18. Governing Law

18.1 The Terms of Use will be governed by and interpreted in accordance with the laws of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

19. Amendments

19.1 Nutrito reserves the right to update, change or replace any part of these Terms of Use at any time by updating the terms available on its Services.

19.2 Your continued use of the Services following any changes constitutes acceptance of those changes.