These Website Terms (Terms) contains the terms and conditions upon which HERBA MEDITARI PTY LTD makes herbameditari.com.au (the Website) available to you (“you”, “your”).
By using this Website you will be deemed to have accepted, and agreed to be bound by, the clauses 1, 2, 3, 8,9,10,11,12 and 14 contained in these Terms. If you do not accept the terms and conditions contained in these Terms, you must not continue to use the Website.
By clicking ‘Ordering’ or otherwise proceeding with a purchase of Goods or Services offered on the Website, you will be deemed to have accepted, and agreed to be bound, additionally, by the clauses 4, 5, 6,7, and 13 contained in these Terms.
1.1 HERBA MEDITARI PTY LTD is a company registered in Australia with company number ACN ACN 614 654 974 and whose registered address is BDO Goods/Services Pty Ltd Level 10 12 Creek Street Brisbane QLD 4000 (Herba Meditari).
1.2 Defined words for these Terms are set out in Schedule 1.
1.3 From time to time Herba Meditari may vary these Terms. Every time you wish to use the Website, please check these Terms to ensure you understand the Terms. Such variation will apply to you and be incorporated into these Terms from the later that the relevant variation is stated to commence or if Herba Meditari notifies you of the variation.
1.4 These Terms were most recently updated on the 8 November 2022.
1.5 Herba Meditari may update these Terms from time to time, to reflect changes to Herba Meditari’s products, and accommodate user needs and Herba Meditari’s business priorities. Herba Meditari will try to give you reasonable notice of any major changes.
2. Licence to use Website
2.1 Herba Meditari grants you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the terms and conditions set out in these Terms.
2.2 You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.
2.3 You must not add any content to the Website:
2.3.1 unless you hold all necessary rights, licences and consents to do so;
2.3.2 that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
2.3.3 that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
2.3.4 that would bring Herba Meditari, or the Website, into disrepute; or
2.3.5 that infringes the intellectual property or other rights of any person.
2.4 The Website contains links to other websites as well as content added by people other than us. Herba Meditari do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
2.5 You acknowledge and agree that:
2.5.1 Herba Meditari retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in Herba Meditari’s sole discretion; and
2.5.2 the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
3. Use of Website
3.1 Customers will be notified of any planned suspension of Herba Meditari’s Website which will affect their use of the Course Material. Herba Meditari will endeavour to fix any unplanned downtime with minimal disruption.
3.4 The Website may from time to time have links to other websites not owned or controlled by Herba Meditari. Links to third party websites do not constitute Herba Meditari’s endorsement or approval of these websites. Herba Meditari is not responsible for the privacy or practises of third party websites. Herba Meditari encourages you to be aware of, and understand, the third party's privacy practices.
3.5 Although Herba Meditari make reasonable efforts to update the information on Herba Meditari’s Website, Herba Meditari makes no representations, warranties or guarantees, whether express or implied, that the content on Herba Meditari’s site is accurate, complete or up to date. You are encouraged to contact Herba Meditari if you identify issues which Herba Meditari should address.
4.1 To Order or request Goods or Goods/Services on this Website and to use certain other parts of the Portal, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website. By continuing to use this website you represent and warrant that:
4.1.1 all information you submit is accurate and truthful;
4.1.2 you have permission to submit Payment Information where permission may be required; and
4.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
4.2 It is recommended that you do not share your Account details, particularly your username and password. Herba Meditari accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended you do not save your Account details in your internet browser.
4.3 If you have any reason to believe your Account details have been obtained by another person without consent, you should contact Herba Meditari immediately to suspend your Account and cancel any further unauthorised Orders or payments that may be pending. Please be aware that Orders or payments can only be cancelled up until provision of Goods/Services has commenced. In the event that an unauthorised provision commences prior to you notifying Herba Meditari of the unauthorised nature of the Order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and in the case of Services may be charged for a billing cycle of one month.
4.4 Whilst every effort has been made to ensure that all general descriptions of Goods/Services available from Herba Meditari correspond to the actual Goods/Services that will be provided to you, Herba Meditari are not responsible for any variations from these descriptions as the exact nature of the Goods/Services may vary depending on your individual requirements and circumstances. This does not exclude Herba Meditari liability for mistakes due to negligence on Herba Meditari part and refers only to variations of the correct Goods/Services, not different Goods/Services altogether.
4.5 Where appropriate, you may be required to select a subscription plan.
4.6 Herba Meditari neither represent nor warrant that such Goods/Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
4.7 All pricing information on the Website is correct at the time of it going online. Herba Meditari reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
4.8 In the event that prices are changed during the period between an Order being placed for Goods/Services and Herba Meditari processing that Order and taking payment, then the price that was valid at the time of the Order shall be used.
5. Offer & Acceptance of Goods/Services
5.1 No part of this Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that Herba Meditari may, at Herba Meditari sole discretion, accept. Herba Meditari acceptance is indicated by Herba Meditari sending you an Order confirmation email.
5.2 Order confirmations under Clause 5.1 will be sent to you, in the case of:
5.2.1 Goods before they are packaged;
5.2.2 Services before the Services begin;
5.3 Order confirmation as set out in this clause 5 shall contain the following information:
5.3.1 Confirmation of the Goods/Services Ordered including full details of the main characteristics of those Goods/Services;
5.3.2 Fully itemised pricing for the Goods/Services Ordered including, where appropriate, taxes, delivery and other additional charges;
5.3.3 Relevant times and dates for the provision of Goods/Services;
5.3.4 When relevant, user credentials and relevant information for accessing those Services.
5.4 If Herba Meditari, for any reason, does not accept your Order, no payment shall be taken under normal circumstances. If in any event, any sums are paid by you in relation to that Order which was not accepted, you will be refunded within 14 business days.
5.5 Payment for the Goods/Services shall be taken via your chosen payment method immediately for:
5.5.1 the purchase of any Goods upon confirmation of acceptance of your Order;
5.5.2 for any set up fee that corresponds to the subscription plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) and/or as indicated in the Order confirmation you received for any Services with a subscription plan.
5.6 Herba Meditari aims to fulfil your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If Herba Meditari cannot fulfil your Order within a reasonable period, Herba Meditari will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the contract, which means Herba Meditari aims to fulfil your Order within any agreed timescales but this is not an essential term on the contract and Herba Meditari will not be liable to you if Herba Meditari do not do so. If any Services are to begin within 14 calendar days of Herba Meditari acceptance of your Order, at your express request, you will be required to expressly acknowledge that statutory cancellation rights will be affected.
5.7 Herba Meditari shall use reasonable endeavours to provide Goods/Services with reasonable skill and care, commensurate with best trade practice.
5.8 In the event that Goods/Services are provided that are not in conformity with your Order and thus incorrect, you should contact Herba Meditari immediately to inform Herba Meditari of the mistake. Herba Meditari will ensure that any necessary corrections are made within five (5) working days.
5.9 Additional terms and conditions may apply to the provision of certain Goods/Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
5.10 Herba Meditari provides technical support via Herba Meditari’s online support forum and/or phone. Herba Meditari makes every effort possible to respond in a timely manner but Herba Meditari do no guarantee a particular response time.
6. Cancellation of Orders for Services
6.1 Herba Meditari want you to be completely satisfied with the Goods or Services you Order from Herba Meditari. If you need to speak with us about your Order, then please contact customer care by email at Herba Meditari or write to us at Herba Meditari’s address. You may cancel an Order that Herba Meditari have accepted or cancel the a subscription. If any Specific Terms accompanying the Service contain terms about cancelling the Service or subscription, a cancellation policy may apply.
6.2 If you are a consumer based within the European Union, you have the statutory right to a “cooling off” period. This period begins once your Order is confirmed and the contract between Herba Meditari and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Goods/Services within this period and wish to cancel your Order, please inform Herba Meditari immediately using the following email: email@example.com
6.3 If Services are to begin within the cooling off period set out in clause 6.2 you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
6.4 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the services are complete.
6.5 If you cancel the Services after provision had begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Herba Meditari that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later that 14 calendar days after you inform Herba Meditari that you wish to cancel.
6.6 Cancellations of Services after the 14 calendar day cooling off period had elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
7.1 While Herba Meditari take ongoing precautions and follow recommendations regarding Website integrity, Herba Meditari do not guarantee that Herba Meditari’s Website will be secure or free from bugs, viruses or malicious software
7.2 You are responsible for configuring your information technology, computer programmes and platform to access Herba Meditari’s Website. You should use your own virus protection software.
7.3 You must not misuse Herba Meditari’s Website by knowingly introducing viruses, malware, spyware, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Herba Meditari’s Website, the server on which Herba Meditari’s Website is stored or any server, computer or database connected to Herba Meditari’s Website. You must not attack Herba Meditari’s Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2001 or similar legislation. Herba Meditari will report any such breach to the relevant law enforcement authorities and Herba Meditari will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Herba Meditari’s Website will cease immediately.
8.1 Herba Meditari encourage to you read and familiarise yourself with the materials on Herba Meditari’s Website relating to the use, features and operation of the Portal. Herba Meditari may change the content of such materials from time to time without notice.
8.2 From time to time, Herba Meditari may make additional support options available to you. Such support options will be subject to separate terms and conditions and may incur additional costs.
9. Intellectual Property
9.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, Herba Meditari own all intellectual property rights in the Website, Course Material and Portal.
9.2 By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
9.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
9.4 The licence in clause 9.2 will survive any termination of these Terms.
9.5 To the extent that any Content you input into the Portal embodies intellectual property rights:
9.5.1 you warrant to us that you are the owner of, or are otherwise authorised to use, the intellectual property rights subsisting in such Content;
9.5.2 nothing in these Terms will constitute the assignment or transfer to us of any intellectual property rights subsisting in such Content; and
9.5.3 you grant to us a non-exclusive, royalty-free licence to use the Content, and all intellectual property rights subsisting in such Content, for the purpose of supplying you with the Portal during the Term and otherwise performing Herba Meditari’s obligations to you under these Terms.
9.6 You acknowledge that the Portal is the subject of intellectual property rights owned by, or licensed to, Herba Meditari’s associated entities. You agree that you will not any time, conduct or permit any act which infringes the intellectual property rights subsisting in the Portal, including but not limited to:
9.6.1 modifying, adapting, translating, reverse engineering, decompiling or disassembling the Portal; or
9.6.2 reproducing the Portal except as otherwise expressly authorised by these Terms.
9.7 You agree that you will not use any of Herba Meditari’s Trade Marks without Herba Meditari’s prior written consent.
10.1 You hereby warrant to us that you:
10.1.1 have exercised your independent judgment in entering into these Terms and have not relied on any representation made by us or Herba Meditari’s servants, agents, which has not been stated expressly in these Terms, or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by us or Herba Meditari’s servants, officers, agents or representatives;
10.1.2 have full legal capacity to enter into, perform and be bound by these Terms and are not subject to any Insolvency Event or any other restriction that hinders or prevents your capacity to enter into, perform and be bound by these Terms; and
10.1.3 by tendering any method of payment in respect of any amount due to us, are the account holder or have the authority and consent of the account holder of such payment methods.
10.2 You acknowledge that the Website, Course Material and Portal is provided on an “as-is” basis and that, to the maximum extent permitted by law, Herba Meditari do not warrant or guarantee that the Website, Course Material or Portal will:
10.2.1 be free from errors or defects;
10.2.2 be continuously available or operational; or
10.2.3 incorporate particular functions or features.
10.3 In particular, Herba Meditari will retain the right to:
10.3.1 add or remove functions or features of the site at Herba Meditari’s sole discretion; and
10.3.2 restrict or limit access to the Website, Course Material and Portal for the purpose of conducing scheduled and unscheduled maintenance of the Website, Course Material and Portal.
10.4 To the full extent permitted by law Herba Meditari disclaim all guarantees, warranties or representations of merchantability, acceptable quality and fitness for any purpose, security, reliability, accuracy, timeliness, and performance of the Website including any content contained within the Website.
10.4.1 Notwithstanding clause 6.4:
10.4.1.1 Herba Meditari do not exclude or limit in any way, Herba Meditari’s liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Herba Meditari’s negligence or the negligence of Herba Meditari’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
10.4.1.2 Herba Meditari exclude all implied conditions, warranties, representations or other terms that may apply to Herba Meditari’s Website or any content on it.
10.4.1.3 Herba Meditari will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
10.4.1.4 use of, or inability to use Herba Meditari’s Website; or
10.4.1.5 use of, or reliance on any content displayed on Herba Meditari’s Website.
10.5 Subject to clause 5.5 and to the maximum extent permitted by the Australian Consumer Law 2010 (Cth) (“the ACL”) (and relevant state legislation):
10.5.1 our sole obligation to you is to provide the Website, Course Material and Portal in accordance with these Terms; and
10.5.2 in no event will we, or any of Herba Meditari’s servants, officers, agents or representatives, be liable to you for any:-
10.5.2.1 other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Website, Course Material and Portal or any goods or services provided to you under these Terms, and any indirect, special or consequential damages or injury to any person.
10.5.2.2 default or failure in performance of Herba Meditari’s obligations pursuant to these Terms resulting directly or indirectly from a Force Majeure event or your breach of any provision of these Terms; or
10.5.2.3 Liabilities caused by, or suffered by you in relation to, an error or defect in the Website, Course Material and Portal or errors or faults caused by any person.
10.6 If the Website, Course Material and Portal, or any other Goods or Services provided to you in accordance with these Terms, (jointly “Deliverables”) is supplied to you as a ‘consumer’ of goods or services (within the meaning of that expression in the ACL), then:
10.6.1 you will have the benefit of certain non-excludable rights and remedies in respect of the Deliverables; and
10.6.2 nothing in these Terms excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the ACL (or similar legislation) is so conferred;
PROVIDED THAT if the Deliverables are goods or services not ordinarily acquired for personal, domestic or household use or consumption pursuant to section 68A of the ACL (and similar provisions of relevant state legislation), Herba Meditari’s liability will be limited to:
10.6.3 the supplying of the Deliverables again; or
10.6.4 the payment of the cost of having the Deliverables supplied again.
11.1 You agree to at all times promptly indemnify, save and hold us (and Herba Meditari’s related bodies corporate) harmless from and against all and any claims, damages, liabilities, costs and expenses (including legal costs and expenses) arising out of:
11.1.1 your breach of any warranty or obligation under this Agreement;
11.1.2 any act of negligence committed by you or on your behalf in performing or omitting to perform any obligations under this Agreement;
11.1.3 any loss suffered by a third party in connection with any of your acts or omissions, and those of your employees or agents (if any);
11.1.4 any claim by a third party against us (or Herba Meditari’s related bodies corporate) arising out of or in connection with your entry into this Agreement with us.
12.1 These Terms terminate automatically if, for any reason, Herba Meditari cease to operate the Website.
12.2 Herba Meditari may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
13. TERMINATION OF ACCOUNT
13.1 Either party to these Terms may terminate your Account. If Herba Meditari terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, Herba Meditari reserve the right to terminate without giving reasons.
13.2 If Herba Meditari terminate you Account, any current or pending Order or payments on your Account will be cancelled and provision of Goods/Services will not commence.
14.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
14.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
14.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
14.4 This Agreement is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland.
Schedule 1 - Index
Account your user account on the Website;
Content any data generated or input by you into your Account;
Course Material that educational course material Ordered from the Website by you for
Force Majeure a circumstance beyond our reasonable control which results in our being unable to observe or perform on time, an obligation under this Agreement, including but not limited to:-
(a) acts of God, civil or military authority, changes in law, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, natural disasters or the elements; or
(b) strikes, labour disputes, sabotage, malicious damage, shortage of suitable parts, components or materials including ink, chemicals and paper, labour or transportation;
Goods each of those goods offered on the Website, confirmed in an Order and paid for using the Payment Information;
Goods/Services Those Goods and/or Services offered on the Website, confirmed in an Order and paid for using the Payment Information;
Insolvency Event any one or more of the following events in relation to a party (“affected party”), namely:
(a) an order or court application is made, or the affected party passes a resolution, for:-
(i) winding up; or
(ii) the appointment of a controller, provisional liquidator, trustee for creditors or in bankruptcy;
(b) an administrator, liquidator, receiver, receiver-manager or controller is appointed to the affected party or any of its property;
(c) the holder of a security interest takes possession of any of the Licensee’s property;
(d) the affected party (being a corporation) is taken under s459F(1) of the Corporations Act 2001 (Cth) to have failed to comply with a statutory demand;
(e) the affected party is taken under s40 of the Bankruptcy Act 1966 (Cth) to have failed to comply with a bankruptcy notice;
(f) the affected party becomes or is taken to become insolvent or unable to pay its debts, suspends payment of its debts, ceases or threatens to cease to carry on a material part of its business;
(g) the process or any court or authority is invoked against the affected party or its property to enforce a judgement or order for the payment of money or the recover of property, unless the Licensee can demonstrate to the other party’s satisfaction that there is no substantial basis for such order or judgement;
(h) the affected party dies, loses full legal capacity or otherwise becomes unable to manage its own affairs for any reason;
(i) the affected party takes any step that could result in the affected party becoming an insolvent under administration (as that term is defined in the Corporations Act);
(j) the affected party takes any step toward entering into a compromise or arrangement with, or assignment for the benefit of its members or creditors;
(k) any analogous event;
unless such event or events take place as part of a solvent reconstruction, amalgamation, merger or consolidation that has been notified to and approved by the other party;
Ordering each of those orders made by you for Goods/Services and “Order” will have a corresponding meaning;
Payment Information that information submitted onto the Website to process payment for Goods / Services offered on the Website;
Portal that portal accessible on the Website to access the Goods or Services;
Services each of those services offered on the Website, confirmed in an Order and paid for using the Payment Information;
Terms these website terms and conditions;