Thanks for choosing Herb Island Australia (“Herb Island”, “Herb Island Australia “, “we”, “us”, “our”). By using the Herb Island service, websites, and software applications (together, the “Herb Island Service” or “Service” or “The Site”), or accessing any content or material (including but not limited to text, images, videos) that is made available by Herb Island through the Service or hosted on our servers (the “Content”) you are entering into a binding contract with the Herb Island entity indicated at the bottom of this document.
1.1. We emphasize: These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.2. Age: – Herb Island cares about the safety of children, and thus it is important that you must be at least 13 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age. Additionally, if you are below the age of 18, you warrant and represent to us that you have explicit parental/guardian consent to use this website. If you are below the age of 13, please do not use this website.
You may view pages from our website in a web browser subject to the other provisions of these terms and conditions. We only grant you a limited revocable license to use the Site for your own non-commercial use. You must not download any material or content from our website or save any such material to your computer, except for the purpose of personal usage.
2.1. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website. Any unauthorized use whatsoever of any Content or the Site for any purpose is strictly prohibited.
2.2 .A. Unauthorized usage : (including but not limited to the following). You must not: republish material from our website (including republication on another website); sell, rent or sub-license material from our website; show any material from our website in public; exploit material from our website for a commercial purpose; redistribute material from our website. Do not use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); use any meta tags or any other “hidden text” utilizing any Trademarks; engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to us; reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, or other users of the Site; interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content; attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or otherwise violate this agreement or any of its terms. You will not frame or utilize framing techniques to enclose any Content (including any images, text, or page layout); you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands.
2.2 .B. Wrongful Usage: You must not: use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; use any of our data collected from the Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) You must not use data collected from our website to contact individuals, companies or other persons or entities.
2.3. Restrictions: – We reserve the right to restrict access to areas of our website, or our whole website, at our discretion, without any advance notice or liability; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
2.4. Scope: – This agreement includes only narrow, limited grants of rights to content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by us and other third parties.
2.5. Accuracy: – You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading in any way. Doing so voids any obligations from our end.
3. Registration and accounts
You may register for an account with our website by completing and submitting the account registration form on our website, or by using third party registration tools (Such as Facebook Login and so on). Using these third party tools implies that you have also entered into a contract with said third party, we encourage you to go through your agreement with them. We are NOT RESPONSIBLE for the security of any data you submit via third party websites.
3.1. Unauthorized Use: You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorised use of your account. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Site using your name, username, or password.
3.2. Your account: You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, be longs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion.
Do not sell, transfer, or assign your account or any account rights. Your account (on our website) must not be liable to mislead. Please do not use your account or user ID for or in connection with the impersonation of any person.
3.2 .B. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
3.3. Cancellation and suspension of accountAt Herb Island, we take safety of our consumers seriously, and may take action that we may feel is in the interest of some or all members of our organization or our users.
A. We reserve the right to suspend your account; cancel your account; and/or edit your account details, at any time in our sole discretion without notice or explanation, without liability.
B. You may cancel your account on our website, and can ask for assistance for the same. However, some content and data submitted by you may remain on our servers even after deletion due to technical limitations, for which we are not responsible in any way.
3.3 Your content: In these terms and conditions, “your content” means all user generated content, that is all works and materials including without limitation – text, graphics, images, audio material, video material, audio-visual material, scripts, software and files, that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
A. License – You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, archive, adapt, publish, translate and distribute your content in any existing or future media, and/or reproduce, store and publish your content on and in relation to this website and any successor website.
B. You grant to us the right to sub-license the rights licensed under Section 3.3 A and to the right to bring an action for infringement of the same.
C. You may edit your content to the extent permitted using the editing functionality made available on our website.
D. We reserve the right to delete, unpublish or edit any or all of your content, without any notice, prior or otherwise, without liability.
4. Limited warranties
While Herb Island prides itself in being a caring organization, please understand that we do not warrant or represent the completeness or accuracy of the information published on our website, nor that the material on the website is up to date. We do not warrant any time frame for the website or any service on the website to be active or remain available.
4A. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
4B. To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
5. Limitations and exclusions of liability
OUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. The site is provided on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis. Therefore, to the fullest extent permissible by law, Herb Island and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
We hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.
5.2. Under no circumstances will any Herb Island be responsible or liable for any loss or damages of any kind, including but not limited to personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to the Site (including the Content and the User-Generated Content); your use of or inability to use the Site, or the performance of the Site; any action taken in connection with an investigation by Herb Island or law enforcement authorities regarding your access to or use of the Site; any action taken in connection with copyright or other intellectual property owners or other rights owners; any errors or omissions in the Site’s technical operation; or any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
5.3. Waiver of Injunctive or Other Equitable ReliefIf you claim that you have incurred any loss, damages, or injuries in connection with your use of the site, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, user-generated content, product, service, or intellectual property owned, licensed, used or controlled by us.
6. Breaches of these terms and conditions
If you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: send you one or more formal warnings; temporarily suspend your access to our website; permanently prohibit you from accessing our website; block computers using your IP address from accessing our website; contact any or all of your internet service providers and request that they block your access to our website; commence legal action against you, whether for breach of contract or otherwise; suspend and/or delete your account and/or all data generated and submitted to us by you or from your account.
7. Updates to this Agreement
7.1. We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. It is your responsibility to check this page for any updates, we are not responsible or obliged to furnish you with any information about the same.
7.2. If you have given your express agreement to these terms and conditions, we will not ask for, and assume, your express agreement to any revision of these terms and conditions. For your convenience, we may mention the last date of revision to the agreement on the top of the page.
8. This Agreement
8.1. Assignment – You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
8.2. Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
8.3. Third party rights A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
8.5. Law and jurisdictionThese terms and conditions shall be governed by and construed in accordance with [English law]. Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].
9. Statutory Declarations
10. Our Details
This website is owned and operated by [herbisland].
We are registered in [ ] under registration number [ ], and our registered office is at [ ].