Terms & Conditions
The website located at www.cintaherbsandco.com (the “Site”) is a copyrighted work belonging to Jacaranda (M) Sdn Bhd (“Jacaranda”, “Company”, “us”, “our”, and “we”). Company markets, sells and delivers products directly to customers via post.
These terms and conditions (“Agreement”) sets forth the legally binding terms for your use of the Site. By accessing or using the Site, you are accepting this Agreement (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 this Agreement (on behalf of yourself or the entity that you represent). You may not access or use the Site or accept the Agreement if you are not at least 18 years old. If you do not agree with any of the provisions of this Agreement, please do not access and/or proceed to use the Site.
- User Content
- Third Party Sites & Ads; Other Users
- Limitation on Liability
- Term and Termination
You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time.
You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your confidential information. Jacaranda cannot and will not be liable for any unauthorized use of your information or loss or damage arising from your failure to comply with the above requirements.
If you order any of the products offered on this Site, you agree to pay the then-current applicable charges or price per product and any applicable shipping charges all as listed on the Site at cintaherbsandco.com .
Payments are generally non-refundable; provided that if you are dissatisfied with a product or products for any reason, we will refund the cost of that product or products only to you so long as you have contacted the Company’s administrator email within seven (7) days after delivery of the product(s) to the delivery address on your account and attaching copies of supporting evidence for such dissatisfaction. You hereby authorize Jacaranda and or its third party appointed merchant to bill your credit card as described above. Fees are not inclusive of all taxes, levies, or duties imposed by taxing authorities.
Title and Risk of Loss
Title and risk for such items passes to you upon our delivery to the carrier.
Subject to the terms of this Agreement, Jacaranda grants you a limited, non-transferable, non-assignable, non-exclusive, revocable, license to use the Site for your personal, non-commercial use.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site content must be retained on all copies thereof. Please see the Acceptable Use Policy in User Content section.
Please see the Acceptable Use Policy in User Content section.
Jacaranda reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Jacaranda will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof, except and if otherwise expressly set forth in Term and Termination.
“User Content” means any and all information and content that a user submits to, or uses with, the Site (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 makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Jacaranda. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Jacaranda is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
By submitting suggestions or other feedback regarding our Services (“Contributions”) in any way to Jacaranda, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Jacaranda is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Jacaranda shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Jacaranda may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Jacaranda rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Jacaranda under any circumstances.
Acceptable Use Policy
When using the Site or any services rendered by Jacaranda herein, you agree to the “Acceptable Use Policy” below. Specifically, you agree to:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by the Company concerning the Services; and
- Use the Services in a responsible manner.
Additionally, you agree not to:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Site;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using the Services;
- Use or attempt to use another’s account without authorization;
- Upload, post, transmit or otherwise make available or initiate any content that Is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; or Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Company or any user of the Services.
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, display, sell, rebrand, or otherwise transfer information found on the site (excluding content posted by you) except as expressly authorized by Company;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Service, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from Jacaranda to provide any service that is competitive, in Company’s sole discretion, with Company;
- Rent, lease, loan, trade, sell/re-sell access to Company or any information therein, or the equivalent, in whole or part;
- Remove any copyright, trademark or other proprietary rights notices contained in or on any Company website, including those of the Company and any of its licensors;
- Remove, cover or otherwise obscure any form of advertisement on the site;
- Infringe or use Company’s brand, logos or trademarks except as expressly permitted by Company;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Company’s website;
- Attempt to or actually override any security component included in the Service or underlying Company;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Company’s infrastructure.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site rendered by Jacaranda, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. 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.
Third Party Sites & Ads
The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. 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 Site user, we are under no obligation to become involved.
You hereby release and forever discharge us (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 relates directly or indirectly to, any interactions with, or act or omission of, other Site users or Third Party Sites & Ads.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
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 THE AMOUNT THAT JACARANDA RECEIVES FROM ANY PURCHASE MADE BY YOU (LIMITED TO PUR PURCHASE).
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (including your Company Account), at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement.