Welcome to my website at www.nutritiousplants.com and thank you for your interest in these Terms and Conditions (these “Terms”). These Terms apply between you, the User of my website and Antoniya Beernaert (hereinafter “I”, “me”, “my”), the operator of my website. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of my website. If you do not agree to be bound by these Terms, you should stop using my website immediately.
- All Content included on my website, unless uploaded by Users, including, but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Antoniya Beernaert, or other relevant third parties. By continuing to use my website you acknowledge that such material is protected by applicable German and International intellectual property and other relevant laws.
- You may not reproduce, copy, distribute, store or in any other fashion re-use material from my website unless otherwise indicated on my website or unless given express written permission to do so.
Information provided on my website
- The content on my website is provided in good faith on an “as is” basis for general information purposes only and is not intended to constitute or substitute medical or any other qualified health care professional’s advice. The information is not intended or implied to be a substitute for diagnosis or treatment. Please note that I am not a Dietitian or Physician. You are encouraged to confirm any information obtained from or through my website with other sources and review all information regarding any medical condition or treatment with your General Practitioner. Please do not disregard professional medical advice or delay seeking medical treatment because of something you have read on my website.
- All recipes, articles, blog posts, updates or other information available on my website are prepared so that they are current as at the date of writing.
- I make no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the information, services and other content contained on my website. I may, from time to time, change or add information to my website without notice. However, I do not undertake to keep my website updated. I’m not liable to you or anyone else if errors occur in the information on my website or if that information is not up-to-date.
- I cannot guarantee that the content and the provision of the content of my website will always be correct or fault, error and virus free. I do not accept liability for incorrect content or errors and omissions in my website or its content (whether of legal, typographical, technical, or other nature), but endeavor to correct them as quickly as practicable. I will not be liable for any interference with or damage to your computer systems that may occur in connection with the use of my website or a linked website, or for any data lost or any equipment or software replaced by you as a result of you using my website. You must take your own precautions to ensure that whatever you select for your use from my website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
- Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, I will not be liable directly or indirectly in contract, tort, equity or otherwise for any damage whatsoever in connection with my website or any use of content provided on my website, including any direct, indirect, special, incidental or consequential damage (including but not limited to loss of profits, interest, data, business revenue, anticipated savings, business or goodwill).
- I will in no way be liable to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with websites of other entities that are hyperlinked from my website.
- To the extent permitted by applicable law, all representations, warranties and other terms are excluded.
- This general disclaimer is not restricted or modified by any specific warnings and disclaimers elsewhere on my website.
- You agree to indemnify me in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
- You agree not to use my website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use my website or Services in any way that could damage my website, Services, or my website in general.
- You further agree not to use my website or Services:
- to harass, abuse, or threaten others or otherwise violate any person’s legal rights
- to violate any of our intellectual property rights or any third party
- to upload or otherwise disseminate any computer viruses or other software that may damage the property of another
- to perpetrate any fraud
- to publish or distribute any obscene or defamatory material
- to publish or distribute any material that incites violence, hate, or discrimination towards any group
- to unlawfully gather information about others.
- I make no warranty or representation that my website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. I make no guarantee of any specific results from the use of my website.
- No part of my website is intended to constitute advice and the Content of my website should not be relied upon when making any decisions or taking any action of any kind.
Availability of my website
- The website is provided “as is” and on an “as available” basis. I give no warranty that the website will be free of defects and / or faults. To the maximum extent permitted by the law I provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
- I accept no liability for any disruption or non-availability of my website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
I may, in my sole discretion, suspend, restrict or terminate your use of my website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of my website or my or any third party’s equipment or network is impaired by your use of my website; I have received a third party complaint which relates to your use or misuse of my website; or you have been or are in breach of any term or condition of these Terms. I will have no responsibility to notify any third party, including any third-party providers of services, merchandise, or information, of any suspension, restriction or termination of your access to my website.
Limitation of liability
- To the maximum extent permitted by law, I accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of my website or any information contained therein. Users should be aware that they use my website and its Content at their own risk.
- Nothing in these Terms excludes or restricts my liability for death or personal injury resulting from any negligence or fraud on my part.
In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
You are strictly prohibited from using my website or any of my Services for illegal spam activities, including gathering email addresses and Personal Data from others or sending any mass commercial emails.
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between me and you as a result of these Terms or use of my website.
Reverse engineering and security
You agree not to undertake any of the following actions:
- Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on my website or Services.
- Violate the security of my website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
Previous terms and conditions
In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
All notices/communications shall be given to me via e-mail using firstname.lastname@example.org. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and jurisdiction
These Terms and the relationship between you and me shall be governed by and construed in accordance with the Law of Germany and I and you agree to submit to the exclusive jurisdiction of the Courts of Hesse.