Terms of service

Welcome to Nurtured.Co ’s website, which is operated by Nurtured.Co Pty Ltd (“Nurtured.Co” or “Us”). The following terms and conditions (“Terms”) govern your use of the Nurtured.Co website located at www.Nurtured.co and any other websites operated by Nurtured.Co (the “Site”) unless there are different terms posted on those other websites.

Through the Site, Nurtured.Co provides you with a variety of resources, including content, digital certificates and merchandise that may or may not be available for purchase (collectively, the “Services”). By accessing, viewing, or using the Site, including by purchasing products or using any Services, you represent that you have read and understand these Terms, including Nurtured.Co ’s Privacy Policy (located at http://www.Nurtured.co .com/privacy), and that you accept and agree to be bound by the Terms.

You may not use the site or the services if you do not agree to these terms. If you are under the age of 18, you must obtain the consent of your parent of guardian to use the site. In order to purchase products on the website, you must be at least 13 years old, and you must obtain the consent of your parent or guardian before making a purchase of products on the website and before submitting any user content.

TERMS RELATING TO YOUR USE OF THE SITE

The Site and Services are only for your personal, non-commercial use.
You may use the Site and Services only for your personal, non-commercial use. You may not commercially distribute, publish, license, or sell any information, products, or services obtained from the Site or Services without express written permission by Nurtured.Co.

Unlawful and prohibited uses.
As a condition of your use of the Site and Services, you warrant to Us that you will not use the Site or Services for any purpose that is unlawful or prohibited or that is not expressly permitted by these Terms. For example, but without limitation, you may not access or use the Site or Services (a) in violation of any local, national, or international laws (including import, export, copyright, and trademark laws); (b) in any manner that could damage, disable, overburden, or impair any Nurtured.Co server, or the network(s) connected to any Nurtured.Co server, or interfere with any other party's use and enjoyment of the Site or any Services; (c) to gain or attempt to gain unauthorised access to any Services, other accounts, computer systems, or networks connected to any Nurtured.Co server or to any of the Services, through hacking, password mining, or any other means; (d) to gain or attempt to gain access, through any means, to any materials or information that is not intentionally made available through the Services; (e) through a robot, spider, or other automated means; (f) to send unsolicited mail or communications, including any promotions or advertising; or (g) in a way that infringes the rights of or wilfully harms any person or entity, including Nurtured.Co.
Co reserves the right at all times to (a) disclose any information to the extent necessary to satisfy any applicable law, regulation, legal process, or governmental request; or (b) edit, refuse to post, or remove any information or materials, in whole or in part, in Nurtured.Co ’s sole discretion; or (c) to terminate your account, or to cease offering the Site or Services, in whole or in part, in Nurtured.co ’s sole discretion, without prior notice.

User content.
Certain features of the Site or Services may allow you to upload, post, or otherwise submit pictures, comments, feedback, information, or other materials and information that may be available to other users of the Site or Services (“User Content”). By posting User Content, you represent and warrant that you own or otherwise control all rights to the User Content, including without limitation, all rights necessary for you to upload, post, or submit the User Content. You also represent and warrant that the User Content will not infringe or violate the rights of any third party, including the rights of publicity, personality, or privacy. You represent and warrant that the User Content will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy. Nurtured.Co does not claim ownership of your User Content, but by submitting it, you (i) grant Nurtured.co a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media now known or hereafter created without attribution; (ii) grant Nurtured.Co the right to pursue at law any person or entity that violates your and/or Nurtured.Co ’s rights in the User Content; and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to the User Content, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the User Content or any derivative thereof. You further acknowledge and agree that the User Content is non-confidential and does not contain proprietary information. Nurtured.co does not pay compensation for any of your User Content and has no obligation to post or use any User Content you may provide to Us, and Nurtured.Co may remove any User Content at any time in its sole discretion.

Unsolicited ideas.
Nurtured.Co does not accept or consider unsolicited ideas, including ideas for new products, advertising campaigns, promotions, or marketing plans. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, OR IDEAS.
If you send us ideas or materials, Nurtured.Co will not compensate you for them and will not treat them as proprietary or confidential.

Third-Party Websites and Content.
The Site may contain links to or features of other websites for the convenience of users in (a) locating information, products, or services that may be of interest, or (b) contributing User Content or making User Content available to or through the Site. Use of such third-party links or features is entirely at your own risk. Nurtured.co does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk and subject to the terms and conditions of such other websites. Nurtured.co does not endorse any product, service, or treatment provided on a third-party website or advertised or provided on the Site.

TERMS RELATING TO THE SALE OF PRODUCTS TO YOU

Shipping Policy.
Any and all orders placed through the Site or Services are subject to our Shipping Policy. For more information, Nurtured.Co/shipping to view the Shipping Policy, which is incorporated into these Terms. Please note that there may be locations to which Nurtured.Co cannot ship physical products to, all digital products can be delivered so long as a correct internet address is provided.

Resale prohibited.
You must be an end user to purchase products from the Site or use the Site’s Services. Resellers are not eligible to purchase products or use the Services.

Product display and colours.
Nurtured.Co attempts to display product colours and images accurately, but we cannot guarantee that the colour that you see on your monitor will exactly match the colour of the product.

Order Acceptance.
Nurtued.Co reserves the right, at its sole discretion, to refuse or cancel any order for any reason. For example, but without limitation, we may refuse or cancel your order because of limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by Nurtured.Co’s credit and fraud avoidance protocols. Nurtured.Co may place a limit on quantities ordered. Nurtured.Co may also require additional verifications or information before accepting any order. Nurtured.Co 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 payment has been received, Nurtured.co will issue a credit to your account in the amount of the charge.

The pricing available on the Site and Services is for information purposes only for use by Nurtured.Co’s customers and potential customers and subject to change/verification. While Nurtured.Co strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product or service is listed on the Site at an incorrect price or with incorrect information, Nurtured.Co may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Nurtured.Co’s prices and the availability of Nurtured.co products or Services are subject to change without notice.

Taxes and other charges. The prices shown on the Site and Services does include GST taxes, however they do not include shipping or delivery costs. Delivery costs will be added to the amount of your purchase and displayed on the checkout page. Delivery Costs for digital products are free.

Returns and Exchange Policy. Any and all orders placed through the Site are subject to our Returns and Exchanges Policy, which is incorporated into these Terms.

Nurtured.Co offers various payment options, which are specified on the Site and Services. We reserve the right to change our payment options at any time, for any reason. If you use an international credit card to make a purchase, the final price in your currency will depend on foreign exchange rates, taxes, and fees applied by your credit card issuer. If for any reason Nurtured.Co does not receive payment for a purchase, it may take whatever actions that may legally be available, including pursuing collection of the amount owed, in which case you will be responsible for the reasonable fees and expenses of collection.

Limited Warranty. Nurtured.Co guarantees that all products purchased on www.Nurtured.co and from one of Nurtured.Co’s authorised dealers are brand new and free of any manufacturing defects. If your Nurtured.Co does not meet these standards, you may be eligible for a replacement.

Nurtured.Co warrants against defects in manufacturing and materials under ordinary consumer use for a period of one (1) year from the date of original retail purchase. During the warranty period, if a manufacturing defect arises and you follow the warranty instructions detailed below in this Limited Warranty, Nurtured.Co will replace your product with a new product that is similar or equivalent to the defective Nurtured.Co.This does not exclude any rights guaranteed under Australian Consumer Law.This Limited Warranty applies only to authentic products manufactured by Nurtured.Co. In order to receive a replacement Nurtured.Co under this Limited Warranty, you must provide a receipt proving that your Nurtured.Co was purchased on www.Nurtured.co or from one of Nurtured.Co ’s authorised dealers. This Limited Warranty does not apply to damage caused by normal wear-and-tear, accident, abuse, misuse, misapplication, or use of non-Nurtured.co products. For example, intentionally cutting or otherwise opening your Nurtured.co is excluded from this Limited Warranty; stretching or discoloration of your Nurtured.co due to normal wear-and-tear is not considered a manufacturing defect and is also excluded from the warranty.

Nurtured.Co has no obligation to replace a product until the defective product is returned to and received by Nurtured.Co. Nurtured.Co has no obligation at any time to repair or provide a refund for a defective product. A replacement product assumes the remaining warranty period of the original product or ninety (90) days from the date of replacement, whichever period is longer. When a replacement is given, the returned defective product becomes Nurtured.Co’s property.

This Limited Warranty gives you specific legal rights, and you may also have other rights under Australian Law.

Exercising Your Warranty Rights.

In order to exercise your warranty rights. If you are unable to use our online submission form, please contact Nurtured.Co Customer Service at hey@nurtured.co.
This Limited Warranty applies only to authentic products manufactured or digitally created by Nurtured.Co. In order to receive a replacement Nurtured.Co under this Limited Warranty, you must provide a receipt proving that your Nurtured.Co product was purchased on nurtured.co or from one of Nurtured.Co’s authorised dealers.

If your Nurtured.Co was purchased in the past ninety (90) days, Nurtured.Co will pay for all costs to ship your defective product to Nurtured.Co and to ship the replacement product to you. After contacting Nurtured.Co Customer Service in order to begin the warranty process, you may either (i) ship your defective product to Nurtured.Co using any method you choose (in which case Nurtured.Co will reimburse up to the amount of its standard domestic or international shipping rates, but you are responsible if your Nurtured.Co product is lost in the shipping process) or (ii) Nurtured.Co will provide a shipping label to you.

If your Nurtured.Co product was purchased more than 90 days ago, but within the past one (1) year, you are responsible for all shipping costs and the following procedure will apply. Once you have contacted Nurtured.Co’s Customer Service in order to begin the warranty process, you may either (i) ship your defective product to Nurtured.Co using any method you choose (in which case you are responsible if your Nurtured.Co is lost in the shipping process) and Nurtured.Co will ship the replacement to you, charging you Nurtured.Co’s standard domestic or international shipping rates for the shipment of the replacement, or (ii) Nurtured.Co will provide a shipping label to you and charge its standard domestic or international shipping rates for return and replacement shipping.

All shipping arranged by Nurtured.Co, whether paid for by you or by Nurtured.Co, is done via Nurtured.Co’s standard shipping policy, which normally takes 7-15 business days. If you would like to upgrade shipping, additional fees will apply. All returns must be sent directly to Nurtured.Co, even if the product was purchased through an authorized Nurtured.Co dealer.

If you return a defective product and it is deemed to be non-authentic Nurtured.Co product, Nurtured.Co will inform you that your product was non-authentic and not manufactured by Nurtured.Co.

Terms relating to both your use of the site and services and the sale of products to you.

Proprietary Rights.
As between you and Nurtured.Co , Nurtured.Co owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site or Services (“Site Materials”), as well as the selection, coordination, arrangement, and organisation and enhancement of the Site Materials. The Site Materials and Products are protected by copyright, trademark, trade dress, patent, and/or other applicable laws. You may not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have or acquire any rights or license of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms. Except as expressly permitted by Nurtured.Co in these Terms of Use or otherwise in writing, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this the Website or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, you shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the Trademarks or any other colourable equivalent without the prior written authorization of Nurtured.Co.

Privacy Statement.
Any personal information that you provide to Nurtured.Co on the Site is subject to our Privacy Policy, which is incorporated into these Terms. For more information. Please be advised that the confidentiality of any communication or material transmitted to Nurtured.Co via the Site or Internet electronic mail cannot be guaranteed, all efforts and compliance strategies are and will continue to be in place.

No Representations and Warranties.
The Site, the Site materials, User Content, services, products, information and other materials on, in and made available through the site are made available “As Is.” Use of the Site is entirely at your own risk. Nurtured.Co and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the site, the user content, the site materials, services, products, data and other materials on, in and made available through the site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement.

Limitation of liability.
Nurtured.Co and its licensors shall not be liable for any indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the site, the user content, the site materials, services, products, data and other materials on, in and made available through the site, regardless of legal theory, whether or not you or Nurtured.Co had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Nurtured.Co and its licensors to you or any other person or entity in connection with, based upon, or arising from the site, user content, the site materials on, in and made available through the site, or the services, products, data or other materials offered in connection therewith exceed the price paid by you during the preceding year for use of the site and the services and products. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The total liability of Nurtured.co and its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Site or with any of these Terms, or feel Nurtured.Co has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

You shall indemnify Nurtured.Co and its directors, officers, employees, agents, contractors and licensors (“Nurtured.co Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, wilful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site (except to the extent attributable to Nurtured.co ), or any breach by you of these Terms and shall indemnify and hold Nurtured.Co Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Nurtured.co. Nurtured.co may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defence. You shall have the right to employ separate counsel in any Claim and to participate in the defence thereof. If Nurtured.Co does not notify you that it elects to undertake the defence thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Nurtured.Co, subject to the right of Nurtured.Co to assume, at its sole cost and expense, the defence of any Claim at any time prior to the settlement or final determination thereof.

Internet Security.

Nurtured.Co uses all reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Nurtured.Co will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Nurtured.Co shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Nurtured.Co does not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Nurtured.Co via the Site or the Internet, including, for example, personal information such as your name or address. Should you elect to send or receive e-mail communications of any kind to or from Nurtured.Co, You represent and warrant to Nurtured.Co that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. You absolve and release Nurtured.Co and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Nurtured.Co or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorised access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Notice and procedure for copyright infringement and other claims.
If you believe that your work has been used in a way that constitutes copyright infringement, please provide us with the following information:
A physical signature of the person authorised to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Nurtured.Co’s Copyright Agent for notice of claims of copyright infringement on the Site and Services can be reached as follows:
hey@nurtured.co

For any other claims or complaints, please notify Nurtured.Co at hey@nurtured.co with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement, made under penalty of perjury: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

Changes to these Terms; Termination.

Nurtured.Co reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site after the change to learn of changes to the Terms since their last visit. Nurtured.Co may suspend or terminate your ability to use the Site, or any services on the Site for failure to comply with these Terms, for providing Nurtured.Co with untrue or inaccurate information about yourself, for infringement upon Nurtured.Co proprietary rights, or for any other reason whatsoever or for no reason, in its sole discretion. You may terminate these Terms of Use at any time by ceasing all use of the Site, the Services and the Content. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of these Terms of Use are intended to survive and will survive the termination or expiration of these Terms of Use for any reason.

Governing Law.
The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Site. These Terms represent the entire agreement between you and Nurtured.Co with respect to the subject matter hereof and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of Australian Jurisdiction.

The Site and Services are controlled and operated from within Australia. Nurtured.Co makes no representation that the Site, Services, Site Materials, User Content, products, information or materials are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. If you choose to access the Site or Services from a jurisdiction other than Australia, you do so at your own risk and are responsible for compliance with applicable laws. The waiver or failure of Nurtured.Co to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof.

Reef Digital Assets;

By purchasing an item from the website you hereby consent that all of the non-physical products and digital assets are viewed as consideration and form the basis of a market place. The digital asset, therefore, shows proof that the reef is going to be built. The estimated time of construction is also indicated at the bottom of the purchase page for reefs that are going to be built. These are estimations and Nutured.Co will endeavour to start the project at the predicted time. All other digital certificates that do not state to be built are seen as already constructed.

Issues or delays with installation; In the event of unfulfilled reef whereby external issues have been had including but not limited to; retraction of approval, weather events, pandemics or other unintended scenarios that delay the project Nurture.Co reserve the right to reschedule to a suitable time or a new location. If however Nurture.Co is unable to reschedule time or location then a refund will be issued. The digital certificate will be delivered to your elected email address electronically. Please wait up to 24 hours to receive this. If for whatever reason this has not been delivered, please advise us at hey@nurtured.co and we will endeavour to resend the asset.

The purchase of the reef is for the specific squared centimetre section and size that will be placed underwater at a structurally and environmentally suitable location. The first email will be digital assets in the form of a certificate and the second will be a verification of specific location once the reef is created. This does not exclude any rights you have under Australian Consumer Law.

Research Reef and Permit Terms: Nurtured.Co and our research partners have obligations under each specific permit we enter into. These permittable obligations include locations, sizes, timeframes and other requirements that our organsiation must adhere to. As part of this some ‘research reef’ may need to be taken out of the Environment by Government authorities. While it is our aim and endeavour to apply for greater permits and more fixed infrastructure we are largely at the mercy of the Government and other regulative bodies. The support of consumers and businesses by purchasing our research reefs allow us to show further proof of the benefits of the reef and increase our changes of establishing indefinite licences and permits, to build reefs. As we reapply for licences the timeframes will be extended and each and every reef, will in most likelihood, be a permanent fixture. However, we do not claim that what we are selling as a digital certificate is a permanent fixture as each location has different permittable rules Nurtured.Co must follow.