Terms of Service
Welcome to elsenutrition.com (the “Website”). The Website is owned and operated by Else Nutrition USA Inc. (the “Company”, “we”, “our”).
Please read the following terms and conditions of use and sale (the "Terms"), which constitute a binding agreement between you and the Company. The Terms define your rights and responsibilities regarding purchases made through the Website.
The Terms are an integral part of any additional terms or policies that apply between you and the Company, such as our Returns and Refunds Policy and Shipping Policy.
By accessing or using the Website, or by purchasing Else’s products offered for sale on the Website (the “Products”) you signify your acceptance of the Terms. If you do not agree to the Terms, you may not access the Website or use it in any manner, and you must not order any Products through the Website.
For any question, inquiries or customer service requests, please contact us by email email@example.com.
About the Website and our Product
THE WEBSITE IS PROVIDED FOR INFORMATIONAL AND ONLINE SALE PURPOSES ONLY. IT IS NOT, AND IS NOT INTENDED AS, A SUBSTITUTE FOR QUALIFIED PROFESSIONAL ADVICE, GUIDANCE, COUNSELING, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROFESSIONAL FOR MEDICAL OR HEALTH RELATED ISSUES.
IN CASE OF A MEDICAL EMERGENCY, CONTACT YOUR LOCAL MEDICAL EMERGENCY DISPATCH CENTER IMMEDIATELY.
Please review the following documents which form an integral part of the Terms and are incorporated into the Terms by reference. Each reference to the Terms herein should be read as a reference to the Terms including the documents set out below:
The Website is intended only for consumers residing in the United States seeking to ship the Products to a physical address in the United States. At this time, we will not accept orders from customers residing outside the United States ship Products outside of the United States.
In addition, the Website is intended for use only by users who are at least 18 years old. By using the Website or by ordering Products through the Website, you confirm that you are at least 18 years old. To that end, we may request, at any time, additional information in order to confirm your age. If we find that you are under the minimum age, we will decline orders that you place and may cancel orders you previously have placed.
Website use and Product purchase
Subject to the Terms, consumers may not purchase the Products on the Website for business or commercial purpose. For information regarding business or commercial purchases, please contact firstname.lastname@example.org
Price of the Product
The price of each Product, excluding Taxes and Shipping & Handling charges, is in US Dollars and is provided to you on and through the webpage that presents the Product. The Shipping & Handling charges and added Taxes are provided to you after you selected the shipping option and provided your shipping address. Other costs, such as taxes, are provided to you on before you finally confirm the order.
Prices and Product availability are subject to change without prior notice.
By completing and placing an order through the Website, you are obligated to pay the full price for the Products you ordered. However, we will not charge you until we ship the items you ordered.
In exceptional cases of a clearly obvious error in the price that was presented, we may suspend your order, contact you, advise you of the error and seek your further instructions in light of the correct Product price. We are not obligated to provide a product at an incorrectly indicated price, if the incorrect price is a clearly obvious error.
After you place an order, we will send you a confirmation email with the order details.
We use an encrypted secure payment mechanism that ensures the security of the information that you provide to us while paying for the Products.
We only accept payments with the payment methods presented on the Website. If we are unable to process your payment we reserve the right to cancel your order and to notify you by email. By placing an order through the Website, you warrant that the payment information you provided for the order are valid and correct and that you have the lawful right to be charged through that method of payment.
The risk of loss and title for Products you purchase passes to you when you come into physical possession of the products, or when a person identified by you takes physical possession of the Products. However, if you have not paid the applicable fee by that time, the Products’ title will not pass to you until you have fully settled the fees due.
Information about our shipping policy is set out here.
Acceptable use of the Website
The following terms define the acceptable use of the Website. You agree to abide by all applicable laws when using the Website. You further agree that you are solely responsible for all acts or omissions associated with the access and use of the Website.
While using the Website, you agree to refrain from –
- Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the Website;
- Interfering with, burdening or disrupting the functionality of the Website;
- Circumventing or manipulating the operation, or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Website;
- Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website, independently from the web pages on which they originally appear;
- Displaying content from the Website, including by any software, feature, gadget or communication protocol, which may alter the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users of the Website.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE.
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted there not compatible with your requirements, or you may object to their content, or find it to be annoying, improper, unlawful or immoral.
By linking to a particular website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability, or for any transactions made between you and such third party websites.
All intellectual property rights associated with the Website, the Product and their content, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company, or its third party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s computer code and any other element concerning its operation.
Our Products are protected by U.S. Patent No. 9,687,012.
It is forbidden to copy, duplicate, distribute, sell, make available, market or translate any information, including trademarks, images, pictures, texts and computer code from the Website, without the Company's explicit prior and written consent.
Trademarks on the Website (whether registered or not), the name “Else” as well as the Website's domain name – are the sole property of the Company, or respective third-party owners. It is forbidden to use them without the Company's, or their respective third-party owners’, prior and written consent.
Website changes and Availability
The Company may, from time to time, change the Website’s structure, layout, design or display, as well as the scope and availability of the information, Products, and content therein - all without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind. You will have no plea, claim or demand whatsoever against the Company ensuing from the introduction of aforesaid changes, from glitches or any kind of failure resulting from their introduction.
Termination and suspension
The Company may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Website and the Website’s business, or any part thereof. The Company is not obligated to give any notice prior to such discontinuation or suspension, and these Terms, as well as any additional terms and policies. Such discontinuation or suspension will not affect orders you have placed prior to the discontinuation or suspension.
In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate the Terms, if we have reason to believe that -
- You have breached the Terms; or
- You performed any act or omission that violates any applicable law, or is harmful or may be harmful to us or any other third party, including other users of the Website.
The following sections shall survive termination of the Terms: Intellectual Property, Disclaimers and Limitation of Liability, Indemnification, Applicable Law and Dispute Resolution and Local Laws.
Changes to the Terms
The Company may change the Terms from time to time. Revised Terms will be posted on the Website in lieu of the existing Terms, and will apply on a going-forward basis. Your continued use of the Website after the date that the amended Terms have been brought to your attention constitutes your consent to the amended Terms. Changes in the Terms will not apply retroactively to Products purchased prior to the effective date of the amendments.
Disclaimers and Limitation of Liability
OTHER THAN THE WARRANTIES SPECIFICALLY SET OUT IN THE TERMS, AND ANY OTHER NON-WAIVABLE WARRANTIES PURSUANT TO MANDATORY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED HEREUNDER "AS IS", “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY OTHER KIND.
WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, COLORS AND PACKAGING IMAGES DEPICTED ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, ARISING BY COMMON LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, COMPATIBILITY, PERFORMANCE, SECURITY AND DATA SECURITY, ACCURACY, TITLE OR NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE OF THE WEBSITE, ITS CONTENT OR THE PRODUCTS, WHETHER MADE BY THE COMPANY, A REPRESENTATIVE OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THE COMPANY WHATSOEVER. YOU AGREE AND ACKNOWLEDGE THAT USE OF THE WEBSITE, AND ITS CONTENT ARE ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE TO YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA or loss of PRODUCT credits OR LOYALTY CREDITS), COSTS, EXPENSES AND PAYMENTS, whether IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE, ITS CONTENT, THE PRODUCTS, OR ANY OTHER ASPECT OF these terms, including, without limitation, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, even if the company is advised of the possibility of such damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the company’s total and aggregate liability to you for any damage, loss or causes of action (whether in TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY), is limited to the amount you actually paid to the company in the twelve months preceding the event purportedly giving rise to the damage, loss or cause of action.
NOTHING IN THESE TERMS SHALL LIMIT OUR LABILITY UNDER LAW RESULTING FROM OUR WILLFUL MISCONDUCT, FRAUD, OR BODILY INJURY.
if you are a consumer then nothing in these terms shall limit any consumer’s legal rights. your STATUTORY rights as a consumer cannot be chaNged by these terms.
You agree to indemnify and hold the Company, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, harmless in respect of any claim, demand, damage, loss, loss of profit, payment, settlements or expense they incur (including attorney’s fees and legal expenses) in connection with your breach of the Terms, or your violation of any right of a third party in connection with the Website or the Products.
Notices from us to you, required under the Terms or otherwise necessary, may be given by email communication, or by posting on the Website.
Applicable Law and Dispute Resolution
The Terms, and any dispute, claim or controversy between you and us regarding the Products or the Website (a “Dispute”), shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. Any Dispute shall be adjudicated under the exclusive jurisdiction and venue of the state courts located in New Your County in the State of New York, and the federal district court for the Southern District of New York.
Notwithstanding anything to the contrary in this section, the Company may lodge a claim against you: (a) pursuant to the indemnification clause above, in any court adjudicating a third party claim against us; and (b) in connection with the infringement (or alleged infringement) of any Company intellectual property right, in any court of competent jurisdiction having personal jurisdiction over you.
Discounts do not apply to new or existing subscriptions. Unless otherwise stated, discounts only apply to the purchase of a single can of Else Toddler or Kids products and exclude Else Super Cereal products.
Whenever used in the Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and all "i.e." and "such as" notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality.
The Terms, including the additional documents referenced explicitly herein, constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
The Terms may only be modified by written amendment.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign, transfer or delegate your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment, transfer or delegation by you, without our prior consent, shall be null and void. Where necessary due to a merger, acquisition, change of control or the sale of all or substantially all of the Company’s equity or assets, Company may, upon notice to you, assign, transfer and delegate the Terms, in their entirety, including all of its rights, performance, duties, liabilities and obligations contained herein. With such assignment, transfer and delegation, Company is irrevocably released from all its duties, liabilities, and obligations herein.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
We are not responsible for any failure to perform or delay in performance of any order that is caused by events outside our control, such as strikes, civil commotion, fire, explosion, flood, earthquake, subsidence, epidemic or other natural disaster, transportation gridlock or standstill.
For any question, inquiries or customer service requests, please contact us by email email@example.com.
Last Updated: _____September 13, 2022_________