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This document was created using a Contractology template available at http://www.freenetlaw.com.

INTRODUCTION

These Terms and Conditions and Privacy Policy govern your use of Herbal Academy’s website, www.theherbalacademy.com; by using this website, you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 21 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 21 years of age.

 

Legal information

Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.

This privacy policy relates solely to this Application.

Data Controller and Owner

Herbal Academy, 24 South Road, Bedford, MA 01730,

Madelmann [at] theherbalacademy [dot] com

Types of Data Collected

The owner does not provide a list of Personal Data types collected.

Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.

The Personal Data may be freely provided by the User, or collected automatically when using this Application.

Any use of Cookies – or of other tracking tools – by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.

Failure to provide certain Personal Data may make it impossible for this Application to provide its services.

Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.

Mode and Place of Processing the Data

Methods of Processing

The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.

Place

The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.

Retention Time

The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.

Additional Information about Data Collection and Processing

Legal Action

The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.

The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.

Additional Information about User’s Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

System Logs and Maintenance

For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.

The Rights of Users

Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.

This Application does not support “Do Not Track” requests.

To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to This Privacy Policy

The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller removes the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.

COPYRIGHT

The Herbal Academy owns the intellectual property rights in the website and material on the website. Unless otherwise specified, the entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Herbal Academy and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to Herbal Academy. Copyright © 2023. All rights reserved.

LICENSE TO USE WEBSITE

The Herbal Academy owns the intellectual property rights in the website and material on the website, unless otherwise specified. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Herbal Academy’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Herbal Academy’s express written consent.

RESTRICTED ACCESS

Access to certain areas of this website is restricted. Herbal Academy reserves the right to restrict access to areas of this website, or indeed this entire website, at Herbal Academy’s discretion.

If Herbal Academy provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Herbal Academy may disable or change your user ID and password in Herbal Academy’s sole discretion without notice or explanation.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Herbal Academy a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Herbal Academy the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Herbal Academy or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Herbal Academy reserves the right to edit or remove any material submitted to this website, or stored on Herbal Academy servers, or hosted or published upon this website.

BLOG CONTRIBUTOR CONTENT

By submitting blog Articles to the Herbal Academy, Writers hereby assign to Herbal Academy all exclusive rights to publish the blog Articles, and all previously submitted articles of Writers, on the Herbal Academy website, unless otherwise specified in writing.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied.  Herbal Academy makes no representations or warranties in relation to this website or the information and materials provided on this website.

All content on the website is provided to you on an “as is” “as available” basis without warranty of any kind expresser or implied, including but not limited to implied warranties of merchantability, or fitness for a particular purpose. Herbal Academy makes no warranty as to the accuracy, completeness or reliability of any content available through the website. You are responsible for verifying any information before relying on it.

Use of the website and the content available on the website is at your sole risk. Information contained on this site is not intended to be a substitute for medical treatment or diagnosis. All persons should consult their medical care provider prior taking or relying upon any herbal product, especially women who are pregnant or nursing, and persons with known medical conditions.

Without prejudice to the generality of the foregoing paragraph, Herbal Academy does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Through this website you are able to link to other websites which are not under the control of the Herbal Academy. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

LIMITATIONS OF LIABILITY

Herbal Academy will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Herbal Academy has been expressly advised of the potential loss.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Herbal Academy’s liability in respect of any:

• death or personal injury caused by Herbal Academy’s negligence;
• fraud or fraudulent misrepresentation on the part of Herbal Academy; or
• matter which it would be illegal or unlawful for Academy to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You accept that, as a limited liability entity, Herbal Academy has an interest in limiting the personal liability of its officers, contractors, and employees.  You agree that you will not bring any claim personally against Herbal Academy’s officers, contractors, or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Herbal Academy’s officers, employees, agents, subsidiaries, successors, assigns, and contractors, and sub-contractors as well as Herbal Academy.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify Herbal Academy and undertake to keep Herbal Academy indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Herbal Academy to a third party in settlement of a claim or dispute on the advice of Herbal Academy’s legal advisers) incurred or suffered by Herbal Academy arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Herbal Academy’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Herbal Academy may take such action as Herbal Academy deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

VARIATION

Herbal Academy may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

Herbal Academy may transfer, sub-contract, or otherwise deal with Herbal Academy’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

REFUND POLICY FOR PAID ONLINE INTENSIVES AND WORKSHOPS

There are no refunds for intensive workshops.

INTERNATIONAL STUDENTS AND CUSTOMERS

All website prices are listed in USD. Contact your bank for current exchange rates.

STUDENT CANCELLATION, WITHDRAWAL, AND REFUND POLICY FOR PAID ONLINE COURSES

Students enrolled with a payment plan are responsible for paying for the course in full. Payments for payment plans are withdrawn automatically each month and there is no option to stop payment once the student has enrolled with a payment plan unless enrollment is canceled within the first 7 days after enrolling. By downloading the monograph or recipe PDF documents within the first 7 days of enrolling, students are agreeing to pay for the course, and no cancellations of payment plans are allowed. No refunds or cancellation of payment plans will occur for students who have accessed 50% or more of any course within the first 7 days of enrollment.

Should there be a declined or failed payment, students must manually confirm the payment through their student account. The Herbal Academy will perform multiple automated attempts to collect the payment of a failed or overdue installment to fulfill this agreement until accounts with failed payments are paid in full. If a failed or declined payment is not paid within 3 months, the Herbal Academy reserves the right to cancel the student’s enrollment entirely and remove student access to their course, including any and all course progress and quiz records to date. In this case, students will not be refunded previous payments made towards the course. To continue with the course, students shall be required to re-enroll in the course without payment credit for past payments.

Students enrolled in all first edition courses may be refunded 80% of course registration price within the first 7 days of the registration date. There are no refunds after 7 days of course registration.

Non-transferred students enrolled in the second edition Introductory and Intermediate Herbal Courses, may be refunded 80% of course registration price within the first 7 days of the registration date, unless the monograph or recipe PDF documents are downloaded. There are no refunds or payment plan cancellations if these documents are downloaded. Students will be asked to confirm this action before downloading these PDF documents. There are no refunds after 7 days of course registration.

For students registering for online courses that have official launch dates, cancellation up to 7 days after the launch date will be refunded at 80% of the registration price (see exceptions above). After 7 days, there will be no refunds available.

Students with active accounts in good-standing or students with paid-in-full expired accounts may elect to transfer to a second edition of a course. This transfer is not considered a registration and is optional. An administrative fee will be applied at the time of transfer. Transferring to a new edition is permanent and is not reversible. No refunds will be granted for transfer administrative fees or for any tuition paid on first edition courses that are past 7 days of registration.

All payment plans will remain active unless cancellation occurs within the first 7 days. For those students paying in installments, refunds are calculated based on the entire course cost, not the first installment. When calculating refunds for accounts paid in installments, HA will keep 20% of the cost of the course.

COURSE TIME ACCESS, LIFETIME ACCESS, AND EXPIRATION DATE POLICY

Please refer to the course and product information pages to identify how long you will have access to each program.

Lifetime Access Terms:

Lifetime Access is access to the course, portal, or product that you purchased for as long as the particular course, portal, or product version is offered by the Herbal Academy. Access will cease when that particular course, portal, or product is no longer offered by the Herbal Academy. Herbal Academy reserves the right to revoke any access and use of any course, portal, or product at any point in time should it be decided, or in situations when obligated to disable access to the content due to legal or policy reasons. Lifetime Access may not apply to free courses, workshops, intensives, and other courses or offerings that specify time access other than Lifetime Access on their enrollment pages. It’s important to note that Lifetime Access is to the course, portal, or product, but not to the educators, support team, or community groups.

Time-Based Access Terms:

If you register for a course with time-based access as noted on the course enrollment page at the time of registration, your Student Dashboard will reflect the amount of time you have in the course. The clock on each course as noted in the Student Dashboard does not start until the student presses the “Start Course” button. Extensions may be available for a small fee on expired courses, offering an additional amount of time.

Transferred Course Terms: 

Students transferring from a prior edition to a new edition of an active course will have their access period reset when they transfer to the new course edition and will need to start from the beginning of the course. Access to previous courses and quizzes will be removed. Prior certificates earned will remain in the Student Dashboard.

Students with paid-in-full expired courses may transfer to a new edition of a course and must start the course from the beginning. Access to previous courses and quizzes will be removed. Prior certificates earned will remain in the Student Dashboard.

Course Access Terms: 

Students must begin their program(s) within 12 months of purchase. Should students be enrolled in multiple programs, they must remain active in their Student Dashboard with no more than 12-month breaks between courses. 

Reasonable notice will be given to all active students if the Herbal Academy foresees closure. From the time the Herbal Academy announces closure of the school, students must finish their program(s) within the allotted course access period provided of the closure notice from the announcement date.

COURSE TRANSFERS

Once enrolled, students may not transfer from one course to another or from a single course registration to a Path Package. The exception is for students enrolled in the Introductory or Intermediate Herbal Courses who wish to transfer to the new edition of these courses. Transfer into the new edition is permanent and not refundable.

Students transferring from a prior edition to a new edition of an active course will have their access period reset when they transfer to the new course edition and will need to start from the beginning of the course. Access to previous courses and quizzes will be removed. Prior certificates earned will remain in the student dashboard.

Students with paid-in-full expired courses may transfer to a new edition of a course and must start the course from the beginning. Access to previous courses and quizzes will be removed. Prior certificates earned will remain in the student dashboard.

COURSE EXPANSIONS

The Herbal Academy may expand existing course material from time to time. When possible, currently enrolled students will have the option to transfer into expanded courses and upon doing so may be charged an administrative fee to cover the cost of the expanded course development and content.

AFFILIATE POLICY AND DISCLOSURE

For our affiliate program policy please see: https://theherbalacademy.com/affiliate-program/

The Herbal Academy websites may be in an affiliate relationship and/or another material connection, to suppliers of goods and services that may be linked here, and may be compensated for showing ads or linking to the supplier’s website.

TEACHER ROLES

Herbal Academy associates and course instructors share their experience and knowledge through online courses, blog articles, articles in The Herbarium, and in the Academy forums. Information shared by instructors should not be misconstrued as medical advice.

FORUMS AND COMMUNITY GROUPS POLICY

The Herbal Academy Forums and Community Groups provide a place for students to share tips, projects, and ideas, as well as news that might be of interest to the Herbal Academy community. The forums are not a place to seek medical advice. Members are expected to be polite, respectful, and use good Internet etiquette when interacting with other members in Herbal Academy Online Forums and Community Groups. Information shared and discussed on Herbal Academy Online Forums and Community Groups is not intended to be a substitute for medical treatment or diagnosis.

By joining the Herbal Academy’s Forum or Community Groups, you agree to engage in courteous discourse with all members and refrain from providing or asking for medical advice, personal attacks, uncordial comments, and other negative dialogue. Not abiding by these and other guidelines set forth in the groups will lead to your removal from the group.

Shipping: All Goods merchandise orders (except Herbal Starter Kits) will be shipped within 10 business days of being placed. For Herbal Starter Kits: Please allow for 14 days turnaround and standard shipping. First batch shipments will be sent on December 6, 2018. Elderberry may be sent in a separate package due to ordering limitations. Orders will be delivered using UPS and/or USPS. The shipping rate will be calculated based on weight and location.

Before you check out, you will be able to review your total cart costs including shipping fees.

Backorders: If a product runs out of inventory, that item will be placed on backorder. If your order contains multiple items, some on backorder and some not on backorder, the part of your order that is in stock will be shipped immediately. When the backordered item is restocked, we will ship you the remainder of your order without charging additional shipping fees for that item.

Exchanges: Products may be exchanged if they are unopened. You are responsible for the shipping and packaging fees to return your order. You will not be charged an additional shipping fee to be sent an exchanged item.

Returns for Unopened Merchandise: Unopened merchandise in its original, intact packaging may be returned within 30 days of purchase for a full refund less original shipping fees. You are responsible for the shipping and packaging fees to return your order. Please email us via our contact us form to let us know about your return. Include the original packing slip or provide some other indication of who you are in the return package.

Returns for Opened Merchandise: Opened merchandise may be returned within 30 days of purchase for a refund less original shipping and a re-stocking fee of $5. Refunds will not be issued for used or damaged merchandise. You are responsible for the shipping and packaging fees to return your order. Please email us via our contact us form to let us know about your return. Include the original packing slip or provide some other indication of who you are in the return package.

Send returns to:

Herbal Academy
24 South Road
Bedford, MA 01730

ENTIRE AGREEMENT

These terms and conditions, together with information sent to you at registration for courses, memberships, or other products, constitute the entire agreement between you and Herbal Academy in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.