Last Updated: 25.01.2023
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service (each a “User” and collectively, “Users”).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of these Terms then you do not have permission to access the Service.
Certain features, functionalities, tools, and solutions of the Service may be subject to additional guidelines, terms, or rules, which may be posted on the Service from time to time. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms set forth the legally binding terms and conditions that govern your use of the Service. By accessing or using the Service, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). you may not access or use the service or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these terms, do not access and/or use the Service.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. About Herbiware
1.1 Herbiware provides, among other things, an online platform that enables people who use the Service (“Customers”) to find the products posted by the sellers who use the Service to sell their products (“Sellers”).
1.2 Herbiware does not recommend or endorse any specific products; or any other information that may be mentioned, written, or featured on Herbiware or linked to from Herbiware. Your reliance on any information provided by Herbiware; its employees; Sellers; or any third-party site, application, or other party that may be linked to or accessed through the Service; and any other parties featured or appearing on the Service is solely at your own risk.
1.3 Herbiware cannot and does not provide any warranties related to the information contained in or resulting from any use of the products that may be listed on or through the Herbiware Service. Any and all information accessed through the Herbiware Service is provided "AS IS" and without any warranty, either expressed or implied, including, but without limitation any implied warranty of merchantability or fitness.
1.4 Sellers who register for Herbiware’s Service must acknowledge and agree to this Terms of Service Agreement.
1.5 User agrees to comply with all of the terms and conditions hereof. The right to use Herbiware is personal to User and is not transferable to any person or entity.
1.6 Herbiware does not guarantee the products posted on the Site. Users may submit reviews of Sellers; however, such reviews do not constitute a guarantee, warranty, or prediction regarding the product. Herbiware will bear no responsibility or liability of any kind for any content that is generated or posted by any User or Sellers (“User-Generated Content”) or any advice you encounter on or through the Service, and any use or reliance on User-Generated Content is solely at your own risk.
1.7 Sellers are not Employees of Herbiware. Herbiware’s Service provides a platform for certain Sellers to offer products to Customers. Sellers are not employees of Herbiware.
1.8 User Responsibilities. Sellers are solely responsible for the accuracy and legality of any information, solicitations, or advertisements that they choose to post or place on or through the Service, including without limitation any User-Generated Content and any communications with potential clients on or through the Site or the Service are fully compliant with all applicable regulations, laws, and rules of professional conduct.
1.9 Payment of Sellers. The following terms shall govern the payment and Sellers:
(a) Herbiware Is Not A Party To Contracts. Customers may contract with Sellers on or through the Service. Such contracts are solely between the Sellers and the Customer. Herbiware is not and will not be a party to any contracts between or among Customers and Sellers that are submitted through our Service. Herbiware simply facilitates these contracts by supplying a platform for Customers to find Sellers.
(b) All Fees Are Paid To Sellers. Herbiware does not sell products and does not charge for such products. Payments made to Sellers via Herbiware’s platform are transferred directly to the Sellers’s payment account, less any applicable service and processing fees.
2.1 Account Creation. In order to use the Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service. Company may suspend or terminate your Account in accordance with this Agreement.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.3 No Reliance on User-Generated Content. For the avoidance of doubt, User-Generated Content posted on or through the Service, such as blog posts, articles, or videos, is provided for informational purposes only, with no assurance that such User-Generated Content is true, correct, recommended, or accurate.
2.4 No Liability for User Interactions. Herbiware may monitor communications and interactions on Service. Any liability, loss, or damage that results from any interactions among Users, Customers, and/or Sellers, including, without limitation, any postings that you input or receive through your use of the Service is solely your responsibility. At our discretion, we may monitor and/or record your general interactions with the Service, though we will not monitor or record the specific details of such interactions.
3. Access to the Services
3.1 License. Subject to the terms and conditions of this Agreement, the Company grants you a limited, non-exclusive and non-transferable license to the extent necessary and required to access, explore, and otherwise use this Service.
3.2 Fees & Payment. Company reserves the right to charge fees and to require payment of such fees for any or all Services used by Users. You agree to pay all applicable fees in connection with Services selected or used by you. Company reserves the right to change its prices and to institute new fees and other charges at any time and may, at its discretion, provide notice via email or by posting on the Service. Your use of the Services following this notification constitutes your acceptance of any new or increased charges and/or fees. Any fees paid hereunder are nonrefundable.
3.3 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
3.4 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue The Service (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
3.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Company or Company’s suppliers as the case may be. Neither these Terms, nor your access to the Service, shall be deemed to transfer to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
4. User Content
4.1 User Content. "User Content" means any and all information and content that a User submits to, or uses with, the Service (e.g., content in the User’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
4.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
4.3 Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
(a) You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
4.4 Enforcement. Company reserves the right (but has no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.
4.5 Feedback. If you provide Company with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and nonproprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third-Party Links & Ads
6.2 Other Users. Each user of the Service is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users of the Service are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Service, we are under no obligation to become involved.
6.3 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other users of the Service or any Third-Party Links & Ads).
7.1 Disclaimer. Herbiware is not a seller. We do not recommend or endorse any particular product. Herbiware does not offer advice regarding the suitability or appropriateness of any product. Herbiware and its officers, directors, employees, agents, representatives and affiliates, expressly disclaim any and all responsibility and liability arising from (a) your use of or reliance upon the service or the information that is made available on or through the Service, (b) any and all Services rendered by any third-party provider, partner, sellers, or affiliate featured on this Service, or (c) any claims that may directly or indirectly result from your reliance upon or use thereof.
7.2 Service Disclaimers. The Service is provided on an "as-is" and "as available" basis, and company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or noninfringement. We (and our suppliers) make no warranty that the Service will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the service, all such warranties are limited in duration to ninety days from the date of first use. The foregoing disclaimer may not apply to you if you reside in a state that does not allow disclaimers of implied warranties.
8. Limitation of Liability
To the maximum extent permitted by law, in no event shall company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Service, even if company has been advised of the possibility of such damages. Access to, and use of, the Service is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty us dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this Agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Term & Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
10. Copyright Policy
Company respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Company:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and email address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
11.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty calendar days following our dispatch of an email notice to you (if applicable) or thirty calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2 Governing Law and Jurisdiction. This Terms shall be governed by the laws of Thailand. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of Thailand.
11.3 Export. the Service may be subject to Thailand export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any Thailand technical data acquired from Company, or any products utilizing such data, in violation of the Thailand export laws or regulations.
11.4 Electronic Communications. The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard copy writing. The foregoing does not affect your non-waivable rights.
11.5 Third Party Rights. The provisions contained herein pertaining to disclaimers, exclusion of warranty, limitation of liability, and indemnification are for the benefit of Herbiware and its officers, directors, employees, agents, representatives, affiliates, third party providers, and partners. Each of these parties shall have privity of contract with respect to such terms to the extent necessary to assert and enforce these provisions directly against you on its own behalf.
11.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. For the avoidance of doubt, the relationship between any Sellers and Company is that of an independent contractor, and neither party is an agent or partner of the other. The relationship between Herbiware and each Sellers will be that of independent contractor, and neither of us nor any of our respective officers, agents or employees will be deemed, held, or construed to be partners, joint venturers, fiduciaries, employees, or agents of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
11.7 Headings. The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect the terms and conditions herein, nor shall they limit, influence, or otherwise affect the interpretation of the terms and conditions contained herein.
11.8 Severability. The terms and conditions contained herein shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
11.9 Copyright/Trademark Information. Copyright © 2023 Herbiware. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11.10 Taxes. You acknowledge and understand that Company’s prices, fees, and other charges do not include any taxes which may be applicable to your purchase and or use of the Service. For the avoidance of doubt, the term "Taxes" means all taxes, levies, imposts, duties, fines or similar governmental assessments imposed by any jurisdiction, country or any subdivision or authority thereof including, but not limited to state or local sales, use, property, excise, service, transaction, privilege, occupation, gross receipts or similar taxes, in any way connected with this Agreement or agreement required hereunder, and all interest, penalties or similar liabilities with respect thereto, except such taxes imposed on or measured by a party’s net income. All prices, fees and other charges payable under this Agreement or agreement ancillary to or referenced by this Agreement, shall not include any Taxes. You agree to bear and be responsible for all such Taxes. You shall make all payments required without deduction of any Taxes, except as required by law, in which case the amount payable shall be increased as necessary so that after making any required deductions and withholdings, Company receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such deductions or withholdings been made. If you are a tax-exempt entity or claims exemption from any Taxes under this Agreement, you shall provide a certificate of exemption upon execution of this Agreement and, after receipt of valid evidence of exemption, Company shall not charge you any Taxes from which it is exempt. Without limiting the foregoing, all references to payments made in this Agreement are exclusive of any taxes chargeable and where required by law, Taxes shall be itemized at the rate applicable, if any, and paid in addition thereto. You shall communicate to Company your tax identification number(s) attributed by (i) the country where you have established your business, and/or (ii) any other country where you have established a fixed establishment, to which the Services under this Agreement are provided. Company shall consider the Services under this Agreement to be for your business use and provided to the location(s) of you in accordance with the provided tax identification number(s). You shall comply with all applicable tax laws and regulations, and you shall provide Company all necessary assistance to facilitate the recovery or refund of any tax paid by Company in relation to the Services to the respective government or authority. You hereby agree to indemnify Company for any Taxes and related costs paid or payable by Company attributable to Taxes that would have been your responsibility under this section if invoiced to you. You shall promptly pay or reimburse Company for all costs and damages related to any liability incurred by Company as a result of your noncompliance or delay with its responsibilities herein. Your obligation under this Section shall survive any termination or expiration of this Agreement.