This document was created using a Contractology template available at http://www.freenetlaw.com.
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.
What Data is being collected?
With your registration into one of our online courses or your purchase of a product from our Goods Shop, we collect your personal information which you provide at checkout including your name, shipping address, billing address, username, password, phone number, email address, credit card, and any other information you wish to provide in your user/student account.
We also collect information when you subscribe to a newsletter or email list, participate in a survey, contest, or special promotion, request customer support, or send us your personal information directly. We will ask that you provide consent when adding you to our mailing lists.
Use of Information
We use this information to fulfill your order and to document your registration as a student. We will not sell or redistribute your information to anyone.
Upon registration or placing an order, you agree to opt into receiving occasional emails where we may send you updates relating to your registration or order, information about our company, new courses and products, and special offerings. You may also add yourself to our general mailing list using the forms provided on our website.
You have the option to opt-out of our emails at any point. All emails provide an unsubscribe option for you to remove yourself from our mailing list. You can also contact us directly to have us manually remove this information. Use the email: [email protected]
Security of Data
Your Student Account information and credit card information for your orders which is provided at checkout is stored on our server. This information uses SSL (secure socket layer) technology.
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.
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.
The Personal Data may be freely provided by the User, or collected automatically when using this Application.
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.
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.
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
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
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.
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 © 2016. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
STUDENT CANCELLATION, WITHDRAWAL, AND REFUND POLICY FOR PAID ONLINE COURSES
Students enrolled with a payment plan are responsible for paying for the program in full. Should there be a declined or failed payment, students must manually confirm the payment through their student account. If a declined payment is not paid within 3 months, the Herbal Academy reserves the right to cancel the student’s enrollment entirely. In this case, students will lose all of their course progress and any payments made towards the course. To continue with the program, students would need to re-enroll in the course without payment credit for past payments.
Students 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. 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. After 7 days, there will be no refunds available.
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. For example, for an Introductory Herbal Course, which has an entire course cost of $195 and a first installment of $65, HA will keep 20% of $195 ($39). $39 is deducted from the paid first installment, and the student would be refunded $26.
COURSE TIME ACCESS AND EXPIRATION DATE POLICY
Please refer to the Course Information pages to identify how long you will have access into each program.
Students are provided 1 year to finish the Introductory Herbal Course and the Botany and Wildcrafting Course, 2 years to finish the Intermediate Herbal Course and Entrepreneur Herbal Course, 3 years to finish the Advanced Herbal Course, and 6 months to finish the Craft of Herbal Fermentation Course and the Herbs for ADHD, Cognition, and Focus Intensive. Students enrolled in the free Herbal Materia Medica Course and Becoming an Herbalist Course are provided 3 months to finish after starting. The clock on each course does not start until the student presses the start course button. Extensions may be available for a small fee if needed and within a reasonable amount of time.
Students must begin their program(s) within 12 months of purchase. Should students be enrolled in Path Packages (multiple programs), they must remain active in their studies 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 of the closure notice from the announcement date.
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.
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.
GOODS SHOP POLICIES
Shipping: All Goods merchandise orders will be shipped within 10 business days of being placed. 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:
24 South Road
Bedford, MA 01730
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.