Terms of Use

Disclaimer

The information contained on this website is intended as a reference only and not as medical or professional advice. Never begin a dietary or exercise programme without first consulting with a qualified healthcare professional.

Terms and Conditions

Our site is governed by the terms of use below. Your use of this site and placement of an order indicate your agreement to these terms. Terms and conditions shall supersede any subsequent terms or conditions included with any purchase order. Herbosophy reserves the right to make changes to this site and these terms and conditions at any time. By visiting herbosophy.com.au, you agree to our policies on pricing, privacy, customer service, and returns. If you have any queries or questions, we are always here to help. Simply contact us.

Acceptance of Orders

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Herbosophy reserves the right, at any time after receipt of your order, to accept or decline your order for any reason. We reserve the right to refuse any order without giving a reason. Our customer service policy means that we will communicate this to you at our first opportunity and without hesitation.

All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. To ensure your online safety, we may require additional verifications or information before accepting any order. If this does occur, please see it as an indication of our commitment to serve you in the best manner possible. The purchaser is responsible for inspecting ordered items for fault and notifying Herbosophy within 3 working days of receiving the goods should there be a fault.

Delivery

The delivery times provided by Herbosophy are estimates only. We aim to have all orders delivered within 2 days; however, we are not responsible for delays that may be incurred by Australia Post or any courier service we use. In the event that multiple items are ordered, part deliveries may be made where stock is not available. Our customer service representatives will do absolutely everything they can to contact you using the details provided. To ensure prompt delivery, please make sure you enter the correct delivery address. If you think you may not be home at the time of delivery, it may be advantageous to use your place of employment instead of home. Herbosophy cannot be held responsible for incorrectly entered delivery addresses.

Copy Errors

Herbosophy reserves the right to cancel any orders placed on products that have been incorrectly listed, whether it be with an incorrect price or with incorrect details. Herbosophy reserves this right regardless of whether your order has been confirmed and paid for. In the event that this does occur, a customer service representative will contact you as soon as possible, and the amount charged will be refunded.

No Warranty

Herbosophy is providing this site and its contents on an "as is" basis. Herbosophy.com.au and its officers, directors, employees, agents, licensors, suppliers, content providers, and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information, or services offered or sold on or through this site or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this site. herbosophy.com.au expressly disclaims all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose, and non-infringement. herbosophy.com.au does not warrant that the site or files available on the site will be free from corrupted data, computer viruses, or similar destructive or contaminating code. No oral or written statements by Herbosophy.com.au or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk.

The products, information, services, and other content provided on and through this site, including without limitation any products, information, e-mails, facsimilies, services, and other content provided on any linked site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information provided on this site and linked sites, including, without limitation, information relating to medical and health conditions, products, and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information, or services provided on or through this site, including without limitation any products, information, or services provided on any linked site, you should speak with a healthcare professional.

You should not use the information on this site for the diagnosis or treatment of any health problem or for the prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging before taking any medication or nutritional or herbal supplement, before starting any diet or exercise programme, or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such a product.

Unless otherwise indicated on this site, Herbosophy does not endorse or recommend any product or service offered, advertised, or sold on or through this site, including, without limitation, any product or service offered, advertised, or sold on or through any linked site. Herbosophy is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any linked site. You are advised that other sites on the Internet, including, without limitation, linked sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate, or that is inaccurate, untrue, misleading, or deceptive, or that is defamatory, libellous, infringing on others' rights, or otherwise unlawful. Herbosophy expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, and for any products and services that appear on any linked site or any site that links to this site.

Price and availability information on this site is subject to change without notice.

Limitation of Liability

Herbosophy and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with, or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorised access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental, or consequential damages (including without limitation damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services, or information, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability, or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Herbosophy and the user. The products, information, and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states, liability is limited to the fullest extent permitted by law. Notwithstanding the foregoing, the sole and entire maximum liability of Herbosophy and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information, or service purchased by you from Herbosophy on this site.

You agree to indemnify, defend, and hold harmless Herbosophy and its affiliates against all claims, demands, causes of action, losses, expenses, damages, and costs, including without limitation any reasonable solicitors fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on, or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site. All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.

Privacy and Child Protection

Herbosophy respects the privacy of its users in accordance with the terms of its Privacy and Child Protection Policy. Herbosophy.com.au 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 Herbosophy.com.au, 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 Herbosophy or its affiliates.

Your Usage of Site; Termination of Usage

You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorised use of your account, prior to your taking steps to prevent such occurrence by changing your password and notifying Herbosophy.

You agree to use this site only for lawful purposes and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights, or otherwise violates any applicable local, state, national, or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit, or create derivative works of any portion of the site or material thereon.

You further agree that you will not access the site by any means except through the interface provided by Herbosophy. You agree that you will not access this site from any territory where its contents are illegal and that you, and not Herbosophy and its affiliates, are responsible for compliance with applicable local laws.

You agree that Herbosophy may terminate or suspend your access to all or part of this site, without notice, for any conduct that Herbosophy, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, Herbosophy, or its affiliates.

Usage by Minors

Because of the nature of the World Wide Web, Herbosophy cannot prohibit minors from visiting this site. Herbosophy must rely on parents, guardians, and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. Herbosophy requires that (i) all purchases on the site be made by adults 18 years of age or older, and (ii) all users who provide personal information to Herbosophy be 18 years of age or older, or, if under 18, that such information be accompanied by verifiable parental consent as further set forth in our Privacy and Child Protection Policy.

Severability; Interpretation

If any provision of this agreement shall be deemed unlawful, void, or, for any reason, unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."

Entire Agreement; Amendments

This agreement constitutes the entire and only agreement between Herbosophy and each user of this site with respect to the subject matter of this agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site, and your use of this site shall be deemed acceptance of and assent to this agreement by you. Herbosophy may, in its sole discretion, amend this Terms of Use agreement from time to time.

Miscellaneous

The failure of Herbosophy or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty; Disclaimer" and "Limitation of Liability" provisions of this agreement are for the benefit of Herbosophy and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Privacy and Child Protection Policy

Herbosophy cares about the privacy of each user of its Web site ("user" or "you"), including those who trust us enough to place orders. In order to protect the privacy of its users, Herbosophy has adopted the following policy:

I. General Information

When you use the Web site some basic general information is collected. This information is used to improve the Web site and make your use of the Web site as enjoyable and efficient as possible. This general information is used internally in connection with Herbosophy business, including Herbosophy personal, marketing and advertising efforts.

II. Personal Information

When you set up an account on the Web site or purchase an item from the Web site, we collect personal information (which you provide) that may include your: (i) first and last name; (ii) billing address; (iii) shipping address; (iv) other shipping addresses; (v) email address; (vi) phone number; (vii) credit card account number; (viii) items purchased from us; and (ix) browsing, buying and selling patterns (collectively, "Personal Information").

III. Use/Sharing of Personal Information

Your name, shipping and billing addresses, and credit card number(s) are used by Herbosophy in order to provide you with the goods that you purchase on the Web site. We use your email address to provide you with information about your order and its status, and we may occasionally send out emails, including newsletters, to people who have placed an order online. Your phone number is used by Herbosophy in the event that our representatives need to contact you about an order you have placed. It is also used when marking packages for delivery, to ensure you are contactable by our delivery service should delivery difficulties be experienced. Personal Information is used internally in connection with Herbosophy business, including Herbosophy promotional, marketing and advertising efforts, in a manner which does not readily identify a user to any third party.

Credit Card Security

The Internet is a vast network of computers. Because the data passes from computer to computer, some Internet shoppers worry that unauthorized persons may intercept the data and gain access to credit card numbers, but shopping on a secure site is actually safer than handing a credit card to a waiter in a restaurant. Taking the steps below will lower the chances of interception of your credit card number:

Limit your online shopping to Internet merchants, such as Herbosophy , with sites equipped with Secure Sockets Layer (SSL) technology. SSL prevents unauthorized people from intercepting your data.

Use a browser, such as Firefox, Safari, Chrome or Internet Explorer, which supports SSL. These browsers show a symbol in the status bar, such as a key or lock, when you are on a site that uses SSL. Most banks will cover the cost of fraud resulting from unauthorized use of your credit card or may limit your liability.

Credit card information collected by Herbosophy is encrypted through Secure Sockets Layer before it is transmitted over the Internet.

Herbosophy fully cooperates with law agencies in identifying those who use our services for illegal activities, and may in its sole discretion disclose Personal Information or other information to satisfy any law, regulation, subpoena, or government request. Herbosophy reserves the right to release Personal Information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Use, even without a subpoena, warrant or court order, if we believe in our sole discretion that such disclosure is necessary or appropriate to operate the Web site, or to protect the rights or property of Herbosophy , its affiliates, or any of their officers, directors, or employees, agents, third-party content providers, suppliers, sponsors, or licensors. Herbosophy also reserves the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful.

IV. Collecting Information From Children Younger than 16

Herbosophy does not knowingly collect or use any Personal Information from children younger than 16 years of age without obtaining verifiable parental consent.