Welcome to the Terms of Service for the Nysteia.com website and any associated services. This is an agreement (“Agreement”) between, Videoscape Pty Ltd trading as Nysteia (“Nysteia”), the owner and operator of nysteia.com (the “Site”), any Nysteia services (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service.

Throughout this Agreement, the words “Nysteia,” “us,” “we,” and “our,” refer to our company, Videoscape Pty Ltd trading as Nysteia and our Site or any Services, as is appropriate in the context of the use of the words.

By using our Site or any Services you agree to be bound by this Agreement and the Privacy Policy. We may amend this agreement at any time and will notify you if we do so. If you do not agree to these Membership Terms and Conditions, please cease using our Site and Service immediately.

Users of our Service must be 18 years of age or older, at a minimum you must be over the age of 13 with a parent’s permission to use our Site and Service. Users must be 18 years or older to subscribe and become a member of our website.

Disclaimer

We provide visitors with the knowledge, tools and inspiration we believe they will benefit from, to the best of our ability.

This website constitutes general information and should not be interpreted as individualised medical advice.

Any statements listed on our Site or Service have not been evaluated by any national or international agencies.

None of the content offered on the nysteia.com website is meant to diagnose, treat, alleviate or relieve any medical or health conditions.

Please note that the information we provide at nysteia.com is not intended to replace consultation with your doctor or other qualified medical professional.

It is your responsibility to inform your physician of any changes you make to your lifestyle and discuss these with him or her.

For questions or concerns about any medical conditions you have or suspect that you have, please promptly contact your doctor.

Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified medical professional because of something you have read on our Site.

If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

Privacy Policy

Nysteia.com stores and uses personal information in order to provide you with good service. We will never sell your information, and will only share or disclose it with relevant third parties.

We are committed to protect your information and use leading technologies and encryption software to safeguard your data, and keep strict security standards to prevent any unauthorized access to it.

The information we store

Comments, Ratings, Favourites, Questions and similar information

When you submit information to nysteia.com to comment on posts and articles, rate a recipe or video, answer a question, or mark content as favourite, the internet address you’re using will be stored in addition to the information you’re entering.

Member information

A member’s name, email address and internet address used when ordering a membership will be stored. We also store data on your order and how members use the site (video views, ratings, last visit etc.).

Your stored personal information and order information are displayed on your account page once you have become a member.

We also store your answers to surveys you may reply to via email or on nysteia.com.

Access Logs

Nysteia.com stores standard access logs of all visits to the site. This includes access time, URL, internet address, and browser information.

Cookies

Nysteia.com uses cookies. These are small text files that are stored on your computer. They make it possible to place orders, to manage your account information, and to better serve you when you visit the website.

Some cookies are stored on your computer until you delete them. It you want to avoid storing cookies, you can turn off the feature in your web browser. However, this means that for example you cannot log in or sign up to become a member.

Our publishing system Drupal may store a number of temporary or permanent cookies to enable logging in and to facilitate entry of comments on the site. We also store temporary cookies when you register and pay for membership.

Sharing of information with third parties

In general, nysteia.com will not share your details with any third party unless absolutely required to do so by law. The exception is third-party providers nysteia.com uses to provide our services.

Below is a list of the third-party providers nysteia.com uses and what information these have access to:

Site Transactions – Recurly, Braintree and PayPal

Nysteia.com uses Braintree and PayPal to process payments. When you pay, the information required to process the payment is handled through SSL encryption offered by our payment-service provider Recurly and through Recurly’s systems to Braintree (or PayPal if you use that payment option). Account information required for recurring payments is securely stored in accordance with finance industry best practices (PCI Compliant).

Site Performance – Cloudflare

Nysteia.com uses content delivery network (CDN) services to speed up access to the site. As requests to nysteia.com pass through these services they will get standard access information for each request sent.

Google Analytics

Nysteia.com uses Google Analytics to help us understand how our website is used and therefore Google Analytics stores cookies on our site.

MailChimp

Nysteia.com uses MailChimp to send our newsletters and some other e-mails. For those who are signed up to the newsletters MailChimp will store e-mail information, and information about how you interact with individual e-mails (like open- and click rates).

Member Surveying and Feedback – Promoter.io

Nysteia.com uses Promoter.io to get feedback from members of our website. Promoter.io stores this information.

Sharing buttons and widgets for Social Media – Getsocial.io

Nysteia.com uses Getsocial.io to track social sharing of our website content, so that we can see what material is popular with our members. Getsocial.io stores this information.

Sharing buttons and widgets for Social Media

Nysteia.com uses social-media technology to allow you to share nysteia.com content to services such as FaceBook and Twitter. These services use their own third-party cookies.

Vimeo and YouTube

Nysteia.com uses video services (Vimeo, YouTube, etc.) that stores their own third-party cookies.

Nutritional Information

Before relying on any nutritional information on this site, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. We do not give any warranty that the information is free from error or suitable for your purposes.

Fitness Level

Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

Pursuant to the Australian Consumer Law, you assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.

Testimonials

Please be aware that any testimonials on the Site (e.g.: Success Stories) may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.

User Accounts

Nysteia.com may assign you a password and account information in order to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with the Terms. nysteia.com has no obligation to investigate the authorization or source of any such access or use of the Site.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify nysteia.com of any unauthorised use of your password or identification or any other breach or threatened breach of this Site’s security.

Payment

In order to purchase any nysteia.com subscription you will be required to provide us with your credit card information. Please be aware that all credit card information will be shared with our third-party payment processors such as Recurly, Braintree and PayPal. By ordering an nysteia.com product or service, you agree that we may charge you the price listed at the checkout screen on our Site. If you have any issues with payment do not hesitate to please contact us via our Customer Support page.

The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services. We reserve the right to alter, update, and / or change the prices for our services at any time. We may conduct such modifications to our pricing due to changes in the exchange rate values applicable at the time.

All prices are in US dollars unless otherwise stated.

Our License Grant to You

We make our Service available to you through our Site. When you use our Service, we grant you a personal, non-exclusive, revocable, limited license to use our Service and access our Site. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.

This license may be terminated if you violate any provisions listed in this Agreement or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that may damage the rights of Nysteia or if your activities are in violation of any applicable laws. If you wish to terminate this license please simply stop using our Service or notify us.

Site Availability

We do not guarantee that the Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Site or Service will work as advertised, or that they will give you the desired results.

Disclaimers

Your use of this site is at your risk. The information, materials and services provided on or through this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Nysteia nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web site. Although we in good faith believe that the information provided will help you live a healthier life, using our products or information may not give you the results you desire or may cause negative health consequences.

The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Except for the purposes of any “consumer guarantees” as defined by the schedule 2 of the competition and consumer act 2010 (“consumer act”), we hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and / or malware transmitted by this website or by any third-party Content or third-party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.

In regards to any breach or failure to comply with any “consumer guarantees”, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.

Limitations and Liability

For the purposes of this clause: “Australian Consumer Law” means schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation; “Consumer Guarantee” means right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services that cannot lawfully be excluded; and “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.

  1. Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, Videoscape Pty Ltd trading as Nysteia does not assume any responsibility or liability for any damages to you. In no event will Nysteia, or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site or any products or services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
  2. With the exception of Consumer Guarantees, we exclude:
    1. any term, condition or warranty that may otherwise be implied by custom, law or statute;
    2. any liability for loss caused by our negligence; and
    3. any liability for Consequential Loss.
  3. To the extent permitted by law, our liability in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option to any one or more of the following:
    1. In the case of goods, to:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the cost of having the goods repaired.
    2. In the case of services, to:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on our site.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our site, products, and service within the last six months, whichever is greater.

Indemnity

You agree to defend, indemnify and hold harmless Videoscape Pty Ltd trading as Nysteia its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • your use of and access to the nysteia.com Site and Service;
  • your violation of any term of these Terms of Service;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that any of your content caused damage to a third party.

This defence and indemnification obligation will survive this Agreement and your use of the Nysteia Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

Privacy and Child Protection

Videoscape Pty Ltd trading as Nysteia respects the privacy of its users in accordance with the terms of Videoscape Pty Ltd trading as Nysteia Privacy Policy. Videoscape Pty Ltd trading as Nysteia reserves the right to monitor the Site and to disclose any information recorded or posted on, submitted to or transmitted through the site to the extent, in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpoena or government request, (ii) to operate the site, or (iii) to protect the rights or property of Videoscape Pty Ltd trading as Nysteia.

Choice of Law

This Agreement shall be governed by the laws in force in the state of Queensland, Australia. The offer and acceptance of this contract is deemed to have occurred in Queensland, Australia.

Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Queensland, Australia.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Nysteia shall have the sole right to elect which provision remains in force. This Agreement is deemed to be the entire Agreement between you and Nysteia.

Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Termination of Your Service

If we determine that any of your actions may harm Nysteia, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you must cease using our Site and pay to us all outstanding amounts owed. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.

Assignment

You may not assign your rights and / or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and / or obligations under this Agreement to any other party at our discretion.

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.

Electronic Communications

The communications between you and Nysteia use electronic means, whether you visit the Site or Service or send Nysteia e-mails, or whether Nysteia posts notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Nysteia in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Nysteia provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

General

  1. This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
  2. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
  3. No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
  4. The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.
  5. We may assign this Agreement at any time. You may assign this Agreement with our prior written consent.
  6. We may subcontract any of our obligations under this Agreement to any person.

The right to request and modify personal information

You have the right to order a copy of the data we have on you. You may also request that we correct personal information, or that we remove your personal information completely.

To order a copy or request a change of your personal information, please contact us via our Customer Support page.

Additional membership terms

Subscription to become a member of the website costs $99 USD per year.

Once subscribed we consider you a member of the website, Nysteia will never sell your personal information, and will never share or disclose your personal information except to relevant third parties, detailed in this document.

Members can cancel their automatic renewal if desired. Once cancelled they will not be charged on the date of their renewal anniversary. We do not offer refunds.

Automatic renewal of your membership will be charged as close as possible to the anniversary of your original subscription each year. You can keep track of upcoming payments and other billing related matters can be managed via the Accounts page.

If you have questions about these terms, please contact us via our Customer Support page.

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HERE ARE THREE BENEFITS YOU CAN DISCOVER WHEN YOU SUBSCRIBE TO NYSTEIA: