HerbyOrganics.com (the "Service" or the "Website") is an informational website (service), subject to your agreement with the terms and conditions set forth herein including, all exhibits hereto.
HerbyOrganics (TM), its logo, the brand, the offerings and the site HerbyOrganics.com are trademarked in New Zealand, and property of its owners. Any other trade marks, brand references or logos that appear on this website may be trademarks or service marks or owned by their respective owners, not affiliated with HerbyOrganics.com. HerbyOrganics.com and its affiliates do not control or endorse the content(s) of third party websites and related services.
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth here. If you do not wish to be bound by these terms and conditions, discontinue immediately the access and/or use of the Service. HerbyOrganics.com may modify this Agreement at any time without notifying anyone, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
You agree to abide by all the policies and terms & conditions posted on HerbyOrganics.com. We expect that you will exercise caution and best judgement when utilising the services that come with your user account at HerbyOrganics.com. Furthermore, by accessing HerbyOrganics.com you agree to comply with all applicable laws regarding your access to services.
You must be at least eighteen (18) years old to use or register for the services provided on the website.
In consideration of use of our Services, you agree to:
If any information provided by you is untrue, inaccurate, not current or incomplete, HerbyOrganics.com retains the right to terminate your account and refuse any and all current or future use of the Services.
You assume total responsibility and risk for your use of the website, and products/services offered therein. HerbyOrganics.com makes no warranty that it will meet your requirements or that it will be suitable, timely, secure, accurate or error-free. The website and all services and products are provided "as is" and on an "as available" basis. HerbyOrganics.com disclaims all warranties and conditions, express, implied or statutory, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
The Services obtained through the use of or in connection with this website will not carry any warranties from us, or providers of these services.
HerbyOrganics.com does not warrant that the website contains comprehensive information on any Product, Service or any categories of Services/Products whatsoever. In no event shall HerbyOrganics.com be liable for any losses, or special, incidental, consequential, economic, exemplary, or punitive damages (whether forseeable or not) including without limitation allergic reactions, non-suitability of food products/services from any cause whatsoever (including intentional or negligent conduct), whether in contract or tort, or damages arising from any errors, mistake, omission, interruption or delay in the course of establishing, furnishing, changing or terminating any service provided through the website, or for accuracy or completeness of any information provided in this website, even if HerbyOrganics.com has been advised of the possibility of such damages.
Any potential, probable or perceived risk for information gleaned, and/or purchases made through this website shall pass to customer immediately upon transacting and customer shall assume all risks. It is important that you do the transactions only when you are absolutely sure as HerbyOrganics.com considers ALL sales as full and final and non-refundable in any shape/form, and no store credits issued. HerbyOrganics.com does not provides refunds (in any form or amount) for any reason whatsoever.
The obligations of HerbyOrganics.com under this agreement are subject to, and HerbyOrganics.com shall not be liable for, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment or any consequence thereof caused or occasioned by, or due to fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, including without limitations, acts or omissions of third party service providers, or any other cause beyond the reasonable control of HerbyOrganics.com.
When/if you submit any content to the website and/or its affiliated social media presence linked and/or mentioned on the website, you grant HerbyOrganics.com, its affiliates, suppliers, distributors, and third party service providers a royalty-free, perpetual, irrevocable, non-exclusive rights (including any moral rights) and license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, in such content(s) has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any visitor to access, display, view, store, and reproduce such publicly visible contents for personal use. By accessing HerbyOrganics.com, you agree that you shall have no recourse against HerbyOrganics.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications, information and contents provisions/exchange to/with HerbyOrganics.com.
HerbyOrganics reserves the right to review any such contents brought into private/public areas of the website, and without notifying anyone, unilaterally take any action with respect to such content if we believe it may be in contravention of any laws, regulations, or offends any community's feelings, or may create liability for us in any form and/or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers, HerbyOrganics.com reserves the right to edit, copy, delete, in part or in full, any or all content provided by its Customers. HerbyOrganics.com may make these changes at any time for any reason without the prior consent or notification of such content's provider.
You may only use HerbyOrganics.com when and where it is legally permitted and used for lawful purposes. The content you distribute or request to receive (directly or indirectly) through account access, any products and services you may choose to offer (if permitted to do so), and any username you select:
You may not distribute unsolicited commercial messages ("spam") through your use of services provided by HerbyOrganics.com or take any other action, which imposes an unreasonable or disproportionately large load on our infrastructure, including without limitation, using excessive network bandwidth. In addition, you may not distribute spam that directs or encourages users to visit our Website through the account of another provider. At our option and without further notice, we may use anti-spam technologies that may terminate your access and/or messages without delivering them or prevent messages from reaching you. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of HerbyOrganics.com. You further agree not to use an inappropriate user name of any kind.
The entire contents of HerbyOrganics.com are protected by international copyright and trademark laws. The owner of the copyrights and trademarks for the brand HerbyOrganics, its logo and products/services in conjunction are HerbyOrganics.com, its affiliates or other third party licenser's. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the website, including text, graphics, code and/or software.
You may print and download portions of material from the different areas of the Website solely for your own non-commercial use. You hereby agree not to change or delete any copyright or proprietary notices from the materials downloaded or printed from HerbyOrganics.com.
Prices, weights and other details of information and/or products and services revised from time to time, without any notice.
You may order, purchase, or otherwise obtain services or merchandise through this Website from entities not affiliated with HerbyOrganics.com ("Sellers"). All matters concerning the merchandise and services obtained or desired from any Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. HerbyOrganics.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider HerbyOrganics.com nor will HerbyOrganics.com be construed as a party to such transactions, whether or not HerbyOrganics.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
HerbyOrganics.com may contain links that provide access to services provided by affiliates of HerbyOrganics.com. These links are provided solely as a convenience to you and not as an endorsement by HerbyOrganics.com of the content of such other websites. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of such services.
If we ask a third party to provide services through the Website or for your use, the provisions of this Agreement shall apply to your use of their services. HerbyOrganics.com is not responsible for the content on the Internet or WebPages that are contained outside the Website. HerbyOrganics.com makes no representations as to the quality, suitability, functionality or legality of any other websites to which we may provide links, and you hereby waive any claim you might have against HerbyOrganics.com with respect to such sites.
You agree to indemnify, defend and hold harmless HerbyOrganics.com, its parent companies, subsidiaries, affiliates, and any officers, directors, employees, consultants, and agents of any of them from any and all third party claims, liabilities, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from your use of information, products and services provided by HerbyOrganics.com, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property right or other right of any person or entity. The Agreement will inure to the benefit of HerbyOrganics.com and its successors, assigns and licensees.
Choice of Law, Jurisdiction, and Venue
This Agreement shall be governed in all respects by the laws of New Zealand, without regard to conflicts of laws principles; as such laws are applied to agreements entered into and to be performed entirely within New Zealand. Both you and HerbyOrganics.com submit to the exclusive personal jurisdiction of New Zealand and further agree that any cause of action arising under this Agreement shall be brought in a court in Christchurch, New Zealand.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced and remain in full force and effect.
HerbyOrganics.com may freely reassign this Agreement and upon such assignment HerbyOrganics.com will be relieved of any further obligation there under. You may not assign your and/or HerbyOrganics rights under this Agreement, in whole or in part, to any third party.
HerbyOrganics.com reserves the right to unilaterally amend this Agreement at any time without any notification whatsoever, and/or by posting the amended version on the Website and announcing on our Home Page that the amended agreement is available.
In this case, such amendments will be considered effective immediately when published.
All purchases made by you the Customer, on this website are final and not returnable, refundable or exchangeable whether partially or wholly. We do not issue any refunds or exchanges, whether partial/whole under any circumstances, therefore we caution you to make your purchases wisely and with a clear state of mind.
New Zealand dollar is the currency for all product and other prices mentioned on this site, unless otherwise stated.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HerbyOrganics.com.
A warning to those who intend to defraud this website. EFTPOS, Credit Card, Debit Card, Internet Banking or any other electronic or otherwise payment related fraud is a criminal offence in New Zealand, and we will aggressively prosecute anyone attempting to defraud HerbyOrganics.com and/or payment facility.
Tracking mechanisms have been established and will use all means available to prosecute persons attempting fraud to the fullest extent of the law.
Purchasing merchandise from HerbyOrganics.com is fully audited and HerbyOrganics.com co-operates with federal and local agencies incase of fraud, submitting all information present in the site related to you.
You can write to us at: herby@HerbyOrganics.com