Please read these terms and conditions carefully. Together with our privacy policy and terms and conditions of supply, they govern our relationship with you in relation to our website www.herbclubproducts.com (“our site”).
We may change these terms and conditions at any time by updating this page and as such you should check them from time to time, to ensure you are happy with any changes. We will also post any changes on our site and may also notify you by email if we have your email address. Using or accessing our site indicates your acceptance of these terms and conditions. If you do not accept these terms and conditions, please do not continue to use our site.
We collect, use and process personal data and other information about your use of our site in accordance with our Privacy Policy. By using our site, you consent to such collection, use and processing.
We have made our site available to you for your own personal use. We may modify, withdraw or deny access to our site at any time. Our site and all the materials contained in them are protected by intellectual property rights, including copyright, and either belong to us or are licensed for us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on our site, as well as other content such as articles and other text. Our trade marks may not be used on or in connection with third party products or services without our express prior written consent, and may not be used in any way that is confusing for customers or derogatory. You may not copy, redistribute, republish or otherwise make the materials on our site available to anyone else without our consent in writing. You may not download, use or exploit the whole or any part of our site or their content for any commercial or money-making purpose without our prior written permission. You may not modify the whole or any part of our site or their content or pass-off the whole or any part our site or their content as your own work.
You acquire no rights or licences in or to the website and/or the content other than the limited right to use the website in accordance with these terms and conditions and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of our site.
We reserve the right (but are not obliged) to monitor interactive services and to remove without notice any material that, in our opinion, does not comply with these terms and conditions or is otherwise unsuitable. We shall not be deemed to have endorsed or approved any material that we do not remove, and we shall not be responsible or liable for any materials that are posted or uploaded to our site by you or any other user. If you have any complaints or concerns about any material on our site, please contact us.
We reserve the right (but are not obliged) to disclose your identity to law enforcement authorities and to any person who is claiming that material posted or uploaded by you is defamatory or constitutes a violation of their intellectual property, confidential information, privacy or other rights.
You agree to reimburse us in full for any loss, liability, damage, cost or expense that we suffer or incur as a result of your posting or contributing material in breach of these terms and conditions.
Whist we endeavour to ensure that our site are secure and free of viruses and other malicious or technologically harmful material (“viruses”), we cannot guarantee that it is. We strongly advise you to protect your computer with regularly updated anti-virus and firewall software.
You must not knowingly introduce viruses to our site, or use our site or its contents for any unlawful purpose. You must not attempt to gain unauthorised access to our site, the server on which our site are stored or any server, computer or database that is connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack or attempt to use it in such activity.
By breaching (not complying with) this section you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities, including by disclosing your identity to them.
These terms and conditions do not exclude our liability (if any) to you for:
- personal injury or death resulting in our negligence;
- fraud
- any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access our site. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
You acknowledge that your use of our site, including the content is at your own risk. If you are dissatisfied with our site, the terms and conditions or any of the content, your sole remedy is to discontinue use of the website.
We do not guarantee that our site will be compatible with all or any hardware and software which you may use. We do not guarantee that our site will be available all the time or at any specific time. We reserve the right to withdraw or modify our site at any time (and without notice) for repair, maintenance, updating or any other reason. We may restrict access to all or part of our site to users who have registered with us. We do not accept liability if the whole or any part of our site are unavailable or inaccessible at any time or for any period.
The information contained on our site is given for general information and interest purposes only. Whilst we try and ensure the information contained on the website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on our site. Our liability to you as explained above remains unaffected by this.
We may link to other sites which are not within our control. When we do this, we will try and make it as clear as possible that you are leaving our site. We are not responsible for these sites in any way. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit before using them or providing your personal data. You may not link to our site from another website without our consent in writing.
If at any time you breach (do not comply with) these terms and conditions, your right to use our site will be terminated. We reserve the right to take legal action against you to recover any losses, damage, liabilities, costs or expenses that we suffer or incur as a result of your breach of these terms and conditions and to enforce any right or remedy that we have at law.
Nothing on our site is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which govern the relationship between us in relation to your use of our site. If you make a contract with a third party who is named or referred to on our site, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.
These terms and conditions are governed by the laws of England and Wales and disputes in connection with them are subject to the exclusive jurisdiction of the English and Welsh courts.