The following are the terms of a legal agreement between each user of this website (referred to as “You” and “Your”) and The Herb Booth. By accessing, browsing and/or using this website (“Site”) You acknowledge and agree that You have read, understood and are bound by these terms (“Terms”).
The Herb Booth reserves the right to change or amend the Terms at any time and without notice. Your continued use of the Site means that You accept any changes to the Terms.
The Herb Booth reserves the right to change or discontinue any information or material contained in this Site, or any item or service offered by The Herb Booth, any time and without notice.
Use of Site
This Site is not intended to be a substitute for professional medical advice, diagnosis or treatment. You take full and total responsibility for the suitability of any item or preparation (“Product”) ordered by You from The Herb Booth for use by a third party or by You (“End User”).
Registration
You must be registered with The Herb Booth (“Registered”) to place an order through the Site. You can apply to be Registered through the Site.
By applying to be Registered You agree that You:
a) reside in Australia and are over 18 years of age; and
b) are a healthcare practitioner with training in, and knowledge of, Chinese Herbal Medicine and, if applicable, are registered under the relevant laws of the State or Territory in which You practice.
The Herb Booth reserves the right to:
a) request information from You to confirm any details supplied by You; and
b) decline to permit You to be Registered, at the absolute discretion of The Herb Booth.
In consideration of being Registered You agree:
a) not to use this Site for any purpose in violation of any local, state, national or international laws;
b) not to allow any other person or entity to use Your Registration other than a staff member of The Herb Booth;
c) not to impersonate another person;
d) that You are fully responsible for all activities that occur under Your Registration;
e) to promptly inform The Herb Booth if You become aware, or suspect, that any other person or entity has access to Your Registration details;
f) to promptly inform The Herb Booth of any change in Your contact details, qualifications, or other information provided by You on Registration; and
g) to always provide true and accurate information to The Herb Booth.
Orders
Orders may only be placed through the Site and not by any other means.
By placing an order through this Site You agree that You:
a) have undertaken a consultation with the End User;
b) possess sufficient knowledge of the ingredients contained in the Product which You are ordering and the likely effect of that Product on the End User; and
c) have used Your own judgement, based on Your consultation with the End User, as to the suitability of that Product for use by and/or administration to the End User; and
d) believe, to the best of Your knowledge, that the Product is suitable for use by and/or administration to the End User.
You acknowledge and agree that:
a) Products may contain animal, mineral and/or plant derived substances;
b) Products may contain traces or derivatives of wheat, gluten, bee products (including honey), milk, egg, soybeans, fish, shellfish, tree nuts, peanuts and/or other allergens (“Allergens”); and
c) it is Your responsibility to inform End Users of the nature and origin of substances contained in a Product (for example, where a Product contains substances of animal origin) and that a Product may contain Allergens.
Products will be supplied by The Herb Booth in accordance with Your order (subject to these Terms) and You acknowledge and agree that The Herb Booth is not expected to comment on, or confirm, the suitability, dosage, or duration of use, of any Product ordered by You for use by an End User and/or for use in relation to a particular condition.
Once an order has been placed, You acknowledge and agree that amendments can only be made via The Herb Booth cancelling Your order, and You placing another order with the corrected information. An order may only be cancelled provided it has not already been processed.
You acknowledge and agree that for each ingredient within Your order, The Herb Booth will dispense at least the quantity specified by You, and up to 0.1 grams over that quantity. The final net weight of a Product will not be more than 7.5% over the final net weight specified in Your order.
You acknowledge and agree that whilst the expiry date of the intermediate products may be many years, Product stability has only been verified by The Herb Booth for up to two months (62 days)beyond the date of preparation and hence the Product expiry date stands at two months beyond the date of preparation.
Quality Agreement
You accept that all Products prepared by The Herb Booth on Your behalf are done so under a contract manufacture arrangement as set out in the current Australian Code of Good Manufacturing Practice for Therapeutic Goods (“Code”). The contract is referred to in these Terms as a Quality Agreement (“Agreement”).
As long as an order is accepted through the website, The Herb Booth maintains that it is the holder of a Therapeutic Goods Administration (TGA) licence to manufacture therapeutic goods. The Herb Booth will not pass to a third party any of the work entrusted to The Herb Booth under this Agreement without Your prior evaluation and approval of the arrangements.
The Herb Booth will refrain from any activity which may adversely affect the quality of the product manufactured on behalf of You.
For each and every Product manufactured by The Herb Booth on Your behalf, The Herb Booth accepts the following responsibilities:
a) Maintaining a valid manufacturing licence.
b) Maintaining a site master file.
c) Setting specifications for intermediates and materials (including packaging and labels).
d) Qualifying and monitoring intermediate and material suppliers.
e) Purchasing intermediates and materials according to specifications.
f) Sampling and testing of incoming intermediates and materials, as appropriate.
g) Validating quality-critical processes and equipment and controlling change to those.
h) Generating and approving Batch Processing and Packaging Instructions, and Batch Processing and Packaging Record.
i) Assigning batch numbers.
j) Manufacturing Product according to Batch Processing and Packaging Instructions (including packaging and labelling).
k) Performing batch record review and label reconciliation where the Product is to be delivered to You and not directly to the End User.
l) Performing batch record review, label reconciliation and release for supply where the Product is to be delivered directly to the End User.
m) Generating, approving, maintaining and adhering to a quality assurance document system to govern the general management of equipment, premises, personnel, production (including deviations), document and record keeping, complaints and product recall, and self inspection.
For each and every Product manufactured by The Herb Booth on Your behalf, You accept the following responsibilities:
a) All complaints regarding product quality, regardless of the perceived significance, are immediately referred to The Herb Booth for handling.
b) Where the Product is to be delivered to You and not directly to the End User, a review of the Product that it is in accordance with the requested formulation, prior to supply to the End User.
In the event of a quality related complaint or product recall, You agree to release the contact information of the End User(s) involved to The Herb Booth and authorise The Herb Booth to contact those End User(s) directly, at its discretion.
State and Territory Law
You acknowledge that some items on this Site may be restricted from import or use in certain Territories and/or States of Australia.
You agree that it is:
a) Your responsibility to ensure that a Product ordered by You for an End User is not restricted from import or use in the State or Territory which the Product is to be sent to by The Herb Booth in accordance with Your order; and
b) The Herb Booth is not expected to check whether a Product ordered for an End User can legally be supplied or used in any particular State or Territory.
You agree to indemnify The Herb Booth and its directors, officers, employees and representatives, from any claim or demand made, or action commenced, by any person against You and/or The Herb Booth or for which The Herb Booth is liable in connection with any loss or damage suffered in connection with The Herb Booth supplying a Product in accordance with Your order in contravention of the laws of any State or Territory.
Privacy
You acknowledge and agree that it is Your responsibility to ensure the accuracy of any personal information provided by You to The Herb Booth, whether personal information of You, or personal information of an End User.
You acknowledge and agree that if You use the services of The Herb Booth for supply of Product to an End User, in accordance with privacy laws it is Your responsibility:
a) to inform the End User that You are providing their personal information to The Herb Booth and the purpose for which You are providing their personal information to The Herb Booth; and
b) to inform the End User that The Herb Booth may disclose their personal information to, or permit collection of their personal information by, third parties that assist The Herb Booth in carrying out their services; and
c) to gain consent from the End User for providing their personal information to The Herb Booth for the purposes outlined above.
You agree that, if You use the services of The Herb Booth to supply a Product to an End User, The Herb Booth will include Your personal information, including, but not limited to, Your name and contact details, on the package and/or label of the Product supplied to that End User.
The Herb Booth’s management of and practices with respect to personal information are in accordance with privacy laws and are set out in The Herb Booth’s Privacy Policy. By using this Site and providing The Herb Booth with Your personal information and the personal information of any third party You are taken to have read and understood The Herb Booth’s Privacy Policy.
Payment
Payment for orders must be made online by a credit card accepted by The Herb Booth, or otherwise by direct deposit. Currently no other forms of payment are accepted. The Herb Booth currently accepts Visa, MasterCard and American Express. The Herb Booth may accept other types of credit cards, and other types of payment, from time to time, at its complete discretion.
You must be lawfully entitled to use the credit card used to make payment for an order (whether as cardholder or as authorised representative of the cardholder), or be lawfully entitled to transfer the funds used to make a direct deposit payment for an order.
The Herb Booth uses a third party service provider to process payments for credit card orders (“Payment Provider”). By entering Your credit card details via the Payment Provider, You authorise The Herb Booth to charge Your nominated card for the amount of the order.
When You enter credit card details via the Payment Provider You can elect to have these details electronically stored for future payment transactions with The Herb Booth. Your credit card details will not be saved without Your permission. You acknowledge and agree that if You chose to have credit card details electronically stored You do so at Your own risk.
You acknowledge that once a payment transaction has been entered, it cannot be voided or stopped. No refunds or credit will be provided once an order has been paid for.
You are responsible for correctly entering all requested payment information. If incorrect information is entered, it may result in Your order being declined.
You acknowledge that all electronic and telephonic data transfers and electronic storage of credit card, or other details are potentially susceptible to interception by others. The Herb Booth does not guarantee that information that You submit through this Site or through the website or portal of the Payment Provider will not be monitored, read, or intercepted by others, and You agree that The Herb Booth will not be liable for any loss, damage or costs incurred by You or any other person if Your information is monitored, read or intercepted in this way.
Delivery
All Products ordered will be delivered by post to the delivery address nominated by You in Your order.
The Herb Booth will only post Products within Australia.
If You place a credit card paid order (subject to confirmation of payment for that order), or if Your transferred funds are received by The Herb Booth for direct deposit paid orders, before 2pm on a day which The Herb Booth is open for business, The Herb Booth will endeavour to fulfil and post that order on the same day, however, The Herb Booth does not guarantee that this time frame will be met.
Products are posted to the End User address specified in Your order. It is Your responsibility to ensure that address details are correct. The Herb Booth will not refund postage paid on any incorrect information.
Delivery is within 5 working days to most parts of Australia, however, The Herb Booth will not be responsible or liable for any delay in postal delivery, or lost orders.
Prices and Stock
The Herb Booth reserves the rights:
a) to vary prices for Products or services supplied through this Site at any time without notice; and
b) to vary or discontinue any Products or services supplied through the Site any time without notice.
The Herb Booth will not be responsible or liable for any item listed on this Site which is unavailable as a result of being out of stock or its supply discontinued by The Herb Booth.
Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
THIS SITE IS PROVIDED ON AN “AS IS” BASIS. THE HERB BOOTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OR USE OF THE SITE, INFORMATION OR CONTENT CONTAINED ON THE SITE, AND ITEMS OR PRODUCTS OFFERED FOR SALE OR INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HERB BOOTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. THE HERB BOOTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE PURCHASE OF ITEMS OR PRODUCTS FROM THIS SITE, OR THE USE OF ITEMS OR PRODUCTS PURCHASED FROM THIS SITE (INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES), EVEN IF THE HERB BOOTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing The Herb Booth makes no representations or warranties:
a) in respect of the accuracy, reliability or completeness of the information provided in, or linked to, from this Site, including without limitation, the accuracy of information relating to substances, formulas and dose ranges;
b) in respect of the accuracy, reliability or completeness of the information provided on the packaging or labels of any Product prepared or supplied by The Herb Booth; or
c) that access to the Site shall be continuous, uninterrupted, secure and error free.
Rights Reserved
The Herb Booth reserves the right, at any time and for any reason to do any of the following things without giving You prior notice:
a) refuse to fulfil an order placed by You, or to sell or supply You a Product; and
b) to restrict, suspend or terminate Your Registration and/or Your access to the Site.
Intellectual Property
Information on this Site including without limitation data, online graphics, images and web pages is protected by copyright (“Copyright Material”).
Except with the prior written consent of The Herb Booth, Copyright Material, trade marks (whether registered or unregistered) and other intellectual property on this Site must not be used or reproduced by You.
Liability
You agree to indemnify The Herb Booth and its directors, officers, employees and representatives, from any claim or demand made, or action commenced, by any person against You and/or The Herb Booth or for which The Herb Booth is liable in connection with any loss or damage suffered in connection with the use of any Product or this Site, including without limitation any loss or damage suffered in connection with the death of, or injury to, any person.
Links to Other Sites
The inclusion of a link to a website in this Site does not imply The Herb Booth’s endorsement of that website. If You decide to access linked third-party websites You do so at Your own risk.
Applicable Law
You agree that the laws of New South Wales govern the operation of this Site and the interpretation of these Terms. You agree to submit to the jurisdiction of the courts of New South Wales in the event of a dispute arising between You and The Herb Booth.
Validity
If any part of these Terms are invalid or unenforceable that invalidity does not affect the validity or enforceability of any other part of these Terms.