The HerbiDoor Website Terms and Conditions
By using Our Website, You agree to these Terms and Conditions. We reserve the right, in Our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using this Website after We post any changes to these Terms, You agree to accept those changes, whether or not You have reviewed them. If You do not agree to these Terms, You should not use Our Website and, if applicable, You should arrange to cancel Your registered user account or (any) subscription with us.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE.
- “HerbiDoor” is the Intellectual Property of Matthew Goss (ABN 14185761373), and also refers to proprietary Vegan Meals created by and exclusively owned by HerbiDoor. As used herein, references to “HerbiDoor” as a party means and refers to HerbiDoor and its owner(s), parent company(ies), affiliated entities, employees, and assigns.
- “Member” refers to a person who has acquired a HerbiDoor membership subscription. “Membership” refers to a Member’s HerbiDoor subscription.
- “Parties” mean HerbiDoor and You. HerbiDoor and You are each a “Party.”
- “Terms” mean and refer to the Terms and Conditions set forth herein.
- “Trainer” means and refers to the HerbiDoor employee, agent, or contractor who will assist You with Your fitness goals, as further defined herein.
- “We,” “Us,” and “Our” mean and refer to HerbiDoor.
- “Website” means and refers to this and any other website operated by HerbiDoor
- “You” and “Your” means the Member who has executed this Agreement by acquiring a membership subscription.
By registering to use the Website, or procuring a Membership, You represent that You have reached the age of majority where You Live. You further represent that that You have the Legal capacity to accept these Terms and to use the Website in accordance with these Terms.
The HerbiDoor Membership and Subscription
HerbiDoor can change any paid-for Membership subscription price detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to You at the time You submit Your application for Membership.
We may make offers for Trial Membership to new subscribers at any time. Where We offer You a Trial Membership of HerbiDoor (“Trial Membership”), such Trial Membership will run from the day after Your application to register with HerbiDoor has been accepted by HerbiDoor and continue for the Trial Membership offer period as indicated on the Website.
Trial Memberships are only available to new Membership subscribers of HerbiDoor and for the Limited periods as set out on the Website. Previous Membership subscribers or those subscribers who have already benefited from a Trial Membership subscription to HerbiDoor do not qualify for a further Trial Membership.
If You do not want to continue Your subscription after Your Trial Membership comes to an end. You must contact Us at least 24 hours before Your Trial Membership period ends by submitting a cancellation request to Us via Our support email address, otherwise, Your subscription will automatically continue and You will be charged the full HerbiDoor monthly Membership Subscription rate. Our support team will then direct You to the steps necessary to cancel Your membership on Our Website.
If You wish to cancel Your HerbiDoor Membership subscription at any time after a Trial Membership or discounted periods as set out in these terms. You must give Us the following notice by submitting a cancellation request to Us via Our support email address to cancel Your subscription.
For monthly Membership subscriptions, We require at least thirty (24) hours’ notice of cancellation. For annual Membership subscriptions, We require at least thirty (30) days notice of cancellation. Our support team will then direct You to the steps necessary to cancel Your membership on Our Website.
A Member is responsible for paying all sums due to HerbiDoor in connection with their Membership in accordance with these Terms. The first Membership fee payable in accordance with these terms is due when the Membership account is set up and payment of the Membership subscription fee is a condition of Membership.
Every calendar month (or calendar year depending on the type of subscription applied for) Your Membership account will be charged the subscription fee for the following months (or year’s) subscription, together with any other fees for the following months subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past month (for example. for additional personal training costs incurred in the previous calendar month) (“Fees”).
Failure by the Member to use any of the services available for a Member through its subscription to HerbiDoor does not relieve the Member of his/her payment obligations under these Terms.
Potential registrants and/or Members can pay by Credit Card or Debit Card.
Payment details, together with details of the subscription package applied for, shall be collected by Us through Our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to Stripe/PayPal’s online payment system for processing.
You acknowledge that We hold data regarding the subscription package that is being signed up for by the Member, including the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees are due.
The Member further acknowledges and agrees that by sending a request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount).
You specifically authorize Stripe/PayPal to collect payment for Fees from the Member’s Credit Card or Debit Card provided to Stripe/PayPal and to forward payment of the Fees to us.
You agree that You will NOT send credit card details to HerbiDoor directly and that ALL credit card transactions shall be processed through Stripe/PayPal via the Website. The HerbiDoor cannot be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by Stripe/PayPal may apply, and can be found at www.paypal.com and www.stripe.com.
HerbiDoor reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no ways relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event HerbiDoor starts collection processes of any type, You will be Liable for all collection costs, including Legal fees and expenses.
In addition to any Fees, HerbiDoor may also charge applicable value added or other tax.
You have Our permission to electronically copy and print hard copies of pages from this website for Your personal use only, and only to the extent necessary to place an order or shop with us.
Any commercial use of such copies is strictly prohibited. Unless We give You written permission in advance, any other use of any Website, its content and its information, including Linking or framing to any Website, is strictly prohibited.
All aspects of Our Website is protected by international law and international copyright and trademark laws, including all design elements, text material, logos, taglines, and metatags, hashtags, photographic images, personal stories, HerbiDoor icons, video and audio clips, downloads.
No material on any Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever.
HerbiDoor intellectual property and logo are proprietary marks of HerbiDoor, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by HerbiDoor
User Communication/Authorization to use Photographs
HerbiDoor is pleased to hear from users and welcomes Your comments regarding Our services. You alone are responsible for any communication, message, and/or other content that You post, upload, submit, transmit or share with HerbiDoor on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively ‘User Communications’).
By transmitting or posting any User Communications, You represent and warrant that such User Communications are Your own original work and will not infringe or violate any copyright. trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. HerbiDoor does not endorse or sponsor any User Communications submitted by You or other Members.
You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law.
HerbiDoor will fully cooperate with any law enforcement authorities or court order requesting or directing HerbiDoor to disclose the identity of anyone posting any such information or materials.
You grant HerbiDoor permission to use any and all photographs taken by HerbiDoor or its agents or employees, or submitted by You to HerbiDoor (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of HerbiDoor or any product or service sold and marketed by HerbiDoor.
You agree that this authorization to use Photographs may be assigned by HerbiDoor to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in HerbiDoor’s sole discretion.
You agree not to charge a royalty or fee, and not to make any other monetary assessment against HerbiDoor in exchange for this Release and Assignment. You hereby release and forever discharge HerbiDoor from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns.
You agree that this Release is irrevocable.
HerbiDoor reserves the right to terminate any Member’s Membership and/or service for any reason (including paid-for subscriptions and/or guest subscriptions) after providing email notice to the Member.
No Medical Advice Provided
The content on this Website and any information (including but not Limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as ‘information’) provided by HerbiDoor is provided for informational purposes only, and is not intended to be a substitute for professional medical advice.
This dietary program is not intended for use by children under the age of 18. The dietary needs of minor children are different than adults. You should consult Your physician or other qualified health providers before beginning this or any other dietary program. At any time You have questions regarding a medical condition, You should seek the advice of Your physician or other qualified healthcare providers.
None of the contents of this Website or any information provided by HerbiDoor is intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on this Website or any information provided by HerbiDoor, are solely the opinions of the authors.
HerbiDoor, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the Website or any information provided by HerbiDoor. Reliance upon any opinion or advice provided on the Website, via telephone, online chat. or emails at Your own risk.
Food Allergy Disclaimer
HerbiDoor makes every attempt to provide accurate nutrition and ingredient information for every product on Our menu.
We take food safety very seriously: however, there is always a risk of cross-contamination.
There is also a possibility that manufacturers of the commercial foods We use could change the formulation at any time, without notice.
Please be aware that Our facility handles nuts and foods that may contain nuts or nut oils.
Customers concerned with food allergies need to be aware of these risks and understand that the consumption of foods provided by HerbiDoor is at their own risk.
Links to Other Websites
This Site may contain links to other websites. HerbiDoor assumes no responsibility for the content or functionality of any non-HerbiDoor website to which We provide a link.
THE MATERIALS ON THIS WEBSITE ARE PROVIDED ‘AS IS” WITHOUT WARRANTIES OF ANY KIND. EITHER EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION. WARRANTIES OF TITLE. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. HERBIDOOR EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS WEBSITE. YOUR USE OF ANY WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE. HERBIDOOR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF ANY WEBSITE.
HerbiDoor will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event.
As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of HerbiDoor.
Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. HerbiDoor shall not be required against its will to adjust any labour or other similar dispute except in accordance with applicable law.
Limitation of Liability
YOU AGREE THAT NEITHER HERBIDOOR WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS.
YOU AGREE THAT IN NO EVENT SHALL HERBIDOOR’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO HERBIDOOR FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST HERBIDOOR OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
You agree to protect, defend, indemnify and hold harmless HerbiDoor, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct.
Your indemnity obligation includes, but is not limited to, any third party claim against HerbiDoor for liability for payments for, damages caused by, or other liability relating to, You.
Assignment of Rights
HerbiDoor may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without HerbiDoor express written consent.
If You have any questions or complaints concerning any of the Terms, You may contact HerbiDoor by email at [email protected], or by regular mail at PO Box 260, Nobby Beach, Queensland, Australia 4218
Digital Millennium Copyright Act
If You believe that materials or content available on any HerbiDoor Website infringes any copyright You own, You or Your agent may send HerbiDoor a notice requesting that HerbiDoor remove the materials or content from the HerbiDoor Website.
If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send HerbiDoor a counter-notice. Notices and counter-notices should be sent to HerbiDoor, Attention Legal Department, at PO Box 260, Nobby Beach, Queensland, Australia 4218, or by email to [email protected].
Arbitration, Governing Law, Solicitors’ and Attorneys’ Fees
Any claim or grievance of any kind, nature or description that You have against HerbiDoor including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in South East Queensland, Australia.
You agree not to file suit against HerbiDoor or any of its affiliates, subsidiaries, officers, directors, employees, successors or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and HerbiDoor.
In the event that You and HerbiDoor are unable to reach agreement on an Arbitrator, You and HerbiDoor will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of South East Queensland, Australia.
The arbitrators selected by You and HerbiDoor will have no further involvement in the arbitration. The Arbitrator will determine the rules governing the arbitration. The decision of the Arbitrator will be final and binding on You and HerbiDoor and may be reduced to a judgment in any court of competent jurisdiction.
This agreement to arbitrate survives any termination or expiration of the Agreement.
This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Queensland without regard to any choice of law provisions.
You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement.
There is no right or authority for any claim You have against HerbiDoor to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against HerbiDoor may not be joined or consolidated with claims brought by anyone else.
Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
Nothing in this Agreement prevents HerbiDoor from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect HerbiDoor’s rights prior to, during, or following any arbitration proceeding.
You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and solicitor’s fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or HerbiDoor commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and solicitor’s fees incurred on the motion to compel from the other Party.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by HerbiDoor of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.