ABOUT HERB VALLEY

We welcome you to herbvalley.com.au (the “Site”, “us”, “we”, or “Herb Valley”). Herb Valley is an online store making health and wellbeing related products available to purchase. Herb Valley also provides health information for you to read. Before you use the Site it is very important to note that the Site is a source for product sale and information and should not be a substitute for medical advice, diagnosis or treatment. The following terms constitute an agreement between you and Herb Valley. This agreement governs your use of the Site. These Terms and Conditions explain our Site rules, terms and conditions. Please read and understand the Terms and Conditions before you use this Site. By using this Site you agree to the Terms and Conditions and consent to the information practices disclosed in our Privacy Policy. Please note that we offer the Site “AS IS” and without warranties. These Terms and Conditions and any supplemental terms, policies, rules and guidelines posted on the Site supersede all previous agreements. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

CHANGES TO THESE TERMS AND CONDITIONS

We may change these Terms and Conditions at any time as appropriate in our unfettered discretion. You will be bound by the Terms and Conditions as they exist at the time of your use of the Site (i.e. you will be bound by the most recent version of the Terms and Conditions, as amended). If you disagree with the changes to these Terms and Conditions, discontinue your use of the Site. We may from time to time add new services, substitute a new service for an existing service or discontinue an existing service. Information about new services will be included on the Site, and the use of new services will be governed by these Terms and Conditions. Your use of any service or of the Site after the changes take effect signifies your agreement to the new terms and conditions. You must review the Terms and Conditions each time you visit the Site.

YOUR ACCOUNT OBLIGATIONS

It is your responsibility to ensure that all information (as prompted by the registration form) that you enter is up to date and accurate. It is also your responsibility to ensure that if any of your details change that you update your account accordingly. This allows us to provide you with services which are relevant and meaningful to you and that allow you to have a more enjoyable experience using the Site. It also enables us to provide you with any products purchased on the Site in a timely manner. If you provide us with inaccurate or incorrect information, we will not be responsible for any loss or delay occasioned by reason of your omission, error or provision of misleading, inaccurate or incorrect information. If you do not provide us with the correct information we are under no obligation to refund any purchases made from the Site where we have sent the products to you at the address you provided and which have not been returned to us. If we are required to re-send products to your correct address, we reserve the right to charge you an additional amount for this service. It is your responsibility to maintain the integrity of your password and membership details. You are fully responsible for all activities and behaviour that is performed using your password and registration details. If there is any unauthorised use or other breach of security, you must notify us immediately. More important information about your account details and privacy is available in ourPrivacy Policy.

YOUR PERSONAL INFORMATION

The Herb ValleyPrivacy Policyexplains the information practices that apply to the personal information you have provided to us or which we have collected.

CONTENT YOU POST OR SUBMIT

The Site includes a community area, where individuals can post personal stories and participate in discussions. The community area can be accessed and viewed by others, including the general public. Postings are not confidential. If you are concerned about the confidentiality of the material you are positing or if you do not wish for it to be shared with others on the Site or in any other forum (including on websites not controlled by us) then you should not share that material on the community area of the Site. Any material posted on the community area of the Site is the opinion of the person who submitted the post and not the opinion of Tianda Pharmaceuticals (Australia) Pty. Limited or its related entities (as defined in the Corporations Act 2001 (Cth.)). If you use the community area of the Site, you must be polite and courteous and must not post any material which is inflammatory, derogatory, illegal, misleading or which may offend. Whilst we do not place any general restriction your ability to recommend relevant healthcare and wellbeing related products, you must not advertise on any part of the Site including the community areas any product whether or not you receive any payment or remuneration from the owner or distributor of that product. If we consider any posting by you to go beyond recommending a product and constitutes advertising, we may remove your post in our absolute discretion. While some community areas are monitored for topicality, we have no obligation to prescreen postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content by using the Contact Us form, and we reserve the right to remove postings for any reason. We are not, however, responsible for any failure or delay in removing postings. You may not post information in the community area of the Site that violates these Terms and Conditions. You (or the author) continue to own the copyright in your postings but, by submitting postings to public areas of the Site, you grant us an irrevocable license to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and to responsibly promote your postings in any medium and any manner we choose, and to use your name to attribute your postings to you if we so choose. You acknowledge that you have contributed to the postings on a voluntary basis and that you will not be entitled to any amounts collected by us in relation to the postings.

YOUR USE OF CONTENT

All of the content available on or through the Site is owned by us, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the content on the site for personal, non-commercial purposes only. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the content, or exploit the content for commercial gain. We may terminate your access or suspend access to the Site, without notice, for conduct that we believe may be in violation of any applicable law or is harmful to the interests of us, another user, service providers or other third party affiliates.

WE MAKE NO WARRANTIES

We provide the Site and any services offered through the Site “as is”, “with all faults” and “as available.” We and our suppliers make no express or implied warranties or guarantees about the Site, the content on the Site or services offered through the Site. To the extent permitted by law, we and our suppliers disclaim implied warranties that the content and services offered through the site, including any products sold through the Site, are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the Site or from services offered through the Site will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by Herb Valley representatives shall create a warranty. You use the site and the services (including products, product information and purchases through the Site) at your own risk.

ORDER ACCEPTANCE AND ORDER LIMITATION

When you receive a confirmation of your order this does not signify our acceptance of your order nor our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason, even if you have been informed that your order has been accepted or confirmed. We reserve the right without notice to you to supply you with less than the quantity ordered of any item in which case you will only be charged for the quantity of products supplied to you. Herb Valley will monitor and where appropriate limit the purchase quantities of products at its sole discretion.

PAYMENT METHODS

Herb Valley accepts VISA and MasterCard payments. Your correct billing address, telephone number and other details as requested are required and they must match the address and phone number your credit card issuing bank or institution has on file for you. Incorrect information may cause a delay in processing your order for which we are not liable. To protect the security of your credit card details we do not store credit card details. Your credit card is charged as soon as your order is placed. There is no surcharge on VISA and MasterCard payments.

REFUNDS AND EXCHANGE

Herb Valley abides by the Australian Consumer Law (found at: www.accc.gov.au which provides rights for consumers to return, refund or exchange goods. Herb Valley customers may request a refund, return or exchange for products on the grounds set out below within 7 days from receipt of delivery. Products may be returned for refund or exchange for the following reasons only: pre-delivery damage; short dated items (i.e. products which expire within 6 months of the invoice date unless the expiry date of the product is specified on the Site at the time the order was placed or is something that a reasonable person would expect having regard to the nature of the product ordered); the products are faulty; the products do not match samples or do not perform as expected, or are undersupplied or unfit for resale. Herb Valley will only provide a refund or exchange because you have changed your mind when goods are returned in the manner referred to below under the heading “CANCELLATIONS AND CHANGE OF MIND”. Herb Valley is not able to provide a refund or exchange if the product has been opened or used. Herb Valley is not able to provide refunds on items that are free, giveaways, samples, discount items, clearance items or sales items - in the case that products are not refundable or exchangeable, they will be marked clearly with ‘not refundable” or the like, within the product description before sale. Any costs associated with postage, handling or shipping for the return of products must be paid by you and Herb Valley will not be liable for those costs. Herb Valley may, in its sole discretion, offer you reimbursement or discounts equivalent to the cost associated with return postage however is not required or liable to do so. Please contact [email protected] with your request and provide the relevant invoice number, product, quantity, expiry date of the products and reason of return. A photograph of the goods clearly showing evidence for the reason for return, refund or exchange is required as part of the request. In the event that we are unable to meet supply of products ordered or unable to replace any returned products a refund may be processed to the credit card which you used to pay for your items. In the event of dispute, Herb Valley’s decision shall be final and conclusive.

DELIVERY

Herb Valley uses Australia Post for deliveries. Herb Valley has the option of Standard Postage (Australia Post - Parcel Post) or Express Postage. Standard Postage may take up to 10 working days to be delivered within Australia. Express Postage may take up to 3 working days to be delivered within Australia. Within Australia, Standard Postage is AUD $9.95 (incl GST) flat rate and AUD $14.95 (incl GST) for Express Postage. Free shipping is available for Standard Postage on orders above AUD $66 (incl GST). These postage rates and options will be displayed during the checkout process. Depending on the quantity ordered, items will be packaged in satchels or boxes and will be dispatched within 48 hours from confirmation of payment. Please Contact Us if you require any changes to your order. Special delivery request or arrangements may incur additional delivery charges. Order processing and delivery times may vary in peak times such as holiday periods and during some promotions or specials. INTERNATIONAL SHIPPING Herb Valley uses Australia Post Air Mail for delivery to addresses in New Zealand, China, Hong Kong and United States. Herb Valley can organise shipment of items to other international address. Please Contact Us to request a quote and include your items, delivery address and contact details. Air Mail may take up to 15-20 working days to be delivered to international delivery addresses. International Shipping prices are based on order weight and will be quoted to customers prior to submitting orders.

CANCELLATIONS AND CHANGE OF MIND

Once an order has been placed on the Site, it may only be cancelled in accordance with these terms. To request a cancellation customers must email Herb Valley as soon as possible. In most circumstances orders are processed the same or next business day - orders that have been dispatched cannot be cancelled and therefore will be delivered to the customer. The customer must arrange and pay for the postage back to the Herb Valley warehouse. Once the warehouse has received the returned goods and the goods and packaging are in the original condition or the cancellation is due to circumstances consistent with Australian Consumer Law a full refund for the goods will be provided.

TYPOGRAPHICAL ERRORS

There may at times be mistakes in price on Herb Valley due to a range of reasons including a typographical error or error in pricing received from our suppliers. In this situation Herb Valley has the right to refuse or cancel any order placed for the product listed at the incorrect price. In this event there will be appropriate corrective communication.

WE DO NOT PROVIDE MEDICAL ADVICE

Herb Valley contains health related information. All information supplied has no warranty. The information contained is for informational and product benefit purposes only. The information (including but not limited to News items, Health Topics, FAQ’s, About Us, Product descriptions, Product packaging/labels) are not intended to diagnose, treat, cure, or prevent any disease or condition. No warranty is given that any information on or linked to this site is complete and/or accurate. You should not rely on information provided on the Site as a substitute for professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health, you should always consult with a medical professional. The use of information supplied provided on this site is solely at your own risk. You take full and total responsibility for what you do with this information. Herb Valley does not recommend any specific tests, medical professionals, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so at your own risk. Always seek the advice of a medical professional when starting any medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other party’s medical condition. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. Nothing stated or posted on this site or available through any services are intended to be the practice of medical or counselling care. Developments in medical research may impact the health, fitness and nutritional information that appears here. No assurance can be given that the information contained in this site will always include the most recent findings or developments with respect to the particular material. Your access or use of this Site and the services offered on it does not create in any way a practitioner/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our contributors. Herb Valley does not provide any warranties, guarantees or have any liability for any loss or damage (including death) suffered as a result of the use of information provided on the Site and you assume all risk for any advice followed if obtained from the Site.

ELECTRONIC CONTRACTING AND NOTICES

Your use of the Site constitutes your agreement to and electronic signature on these Terms and Conditions and also constitutes your consent to enter into agreements with us electronically. You agree that we may send to you in electronic form to the email address you provide in registration/subscription or by displaying the information on the Site any notices such as invoices, disclosures, reports, documents, communications or other records regarding the services offered on the Site and any notices required to be given by reason of these terms and conditions or at law will be deemed to be given if given in this manner.

NO SPAM

You may not use contact information provided by our users, or obtain information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your access to the Site immediately and take other legal action if you violate these provisions including any action available under the Spam Act 2003 (Cth.). If any action is taken against Herb Valley or its directors, officers, employees, representatives as a result of your use of the Site and information on it in breach of the Spam Act 2003 (Cth.) or other legislation relating to the sending of unsolicited bulk communication, you agree to indemnify and hold harmless Herb Valley and / or its directors, officers, employees, representatives for any loss or damage suffered arising out of your misuse of the Site.

LINKS TO OTHER SITES

The Site contains links to other websites which may contain material and/or content that is objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

APPLICABLE LAW

The Terms and Conditions and the Use of the Site will be governed by the laws in Australia. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the laws of the state of New South Wales. You agree to having the legal matter dealt with in a court in Sydney, New South Wales, Australia.

COPYRIGHT AND TRADEMARKS

Herb Valley is owned and managed by Tianda Pharmaceuticals (Australia) Pty Ltd. All material appearing on this site, including overall look and feel (design), site design, artwork, logos, images, graphics, icons, typefaces and other material is subject to applicable copyright laws. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties. All trademarks appearing on the Site are the property of their owner. No right, license or interest to such trademarks is granted by this Agreement.

INTERNATIONAL USE

The Site and services provided through the Site, including the information provided on the Site, are designed for and intended for users in Australia. We make no representation that the Site or services provided on it are applicable to, appropriate for, or available to users in locations outside Australia. Accessing the Site and its services from territories where the content is illegal is prohibited. If you choose to access the Site and services from a location outside Australia you do so on your own initiative and risk and you are responsible for compliance with local laws.

ADDITIONAL TERMS

Services on the Site may have additional terms (such as Terms and Conditions for a promotion) that will further govern your use of that particular service and supplement these Terms of Service. If you choose to use or partake in any such service, you will be presented with any relevant additional Terms and Conditions at that time. By using those services, you agree to comply with the additional guidelines and rules provided.