Last Updated August 29, 2019
Welcome to Ivan's Herbs
If you need to contact us, you can do so by:
- writing to us at 519 Nachtwachtlaan, 1058ET Amsterdam, The Netherlands
The most current version of these Terms can be accessed at any time at https://ivansherbs.com/pages/terms-of-use. Changes to these Terms will be notified via posting on the Site (or other written notice to you). Please read these Terms carefully before accessing and using the Site or Products.
Acceptance of Terms. By accessing and/or using the Site and/or Products, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Products.
Amendment of Terms. Ivan's Herbs may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Products after such posting constitutes your consent to be bound by the Terms, as amended.
2. Ivan's Herbs Platform
Ivan's Herbs Platform. The Ivan's Herbs platform enables consumers to purchase a range of herbal products that address health issues. Ivan's Herbs itself is not a licensed healthcare institution.
Membership Options. There are a number of ways to participate in Ivan's Herbs, such as various subscription plans, promotional plans, and non-subscription purchases. These options consist of different products, services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. From time to time we may permit non-subscribers to access certain products, services, content or features for a cost or at no cost. Ivan's Herbs makes no commitment on the quantity, availability, type or frequency at which such products, services, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
Subscription Plans. To enjoy full access to the Site and Products, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is 4 weeks (28 days) in length (a "Subscription Cycle"). Your Ivan's Herbs subscription automatically renews every 4 weeks, and we will automatically bill the subscription fee (prices in the EU will include all applicable taxes and non-optional charges) to your Payment Method every 4 weeks, until your subscription is cancelled or terminated. For example, if you purchase your Ivan's Herbs subscription on April 1, your subscription will automatically renew on April 29 (as further explained in "Subscription Cycles," below). You must provide us with a current, valid, accepted method of payment ("Payment Method"). We may update the accepted methods from time to time. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until canceled or terminated.
Use of Credits. Depending on the subscription plan you choose and purchase, you will be allotted credits to be used solely to purchase Products. You can choose how you use your credits across the various Products available to you. Credits never expire. If your subscription is canceled or terminated your credits can still be used to purchase Products. When your cycle automatically renews, you'll automatically receive your new allotment of credits. If you have any questions about how to use your credits, please contact us and we can help you. Credits have no cash value or any other value outside of the Ivan's Herbs platform and are not redeemable for cash.
Non-Subscription Purchases. Ivan's Herb's may permit you to purchase certain products or Products through the Site, in addition to your subscription or without having a subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
Use of Ivan's Herbs. Your Ivan's Herbs account is personal to you and you agree not to create more than one account. You must not use or exploit the Site and/or Products for commercial purposes. To use your Ivan's Herbs membership you must have access to the Internet. We continually update and test various aspects of the Ivan's Herbs platform. We reserve the right to, and by using the Site and/or Products you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Ivan's Herbs may take actions we deem reasonably necessary to prevent fraud and abuse.
You agree that the information you provide to Ivan's Herbs at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorised users. To use the Site you must have access to the Internet. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Products.
Eligibility Criteria. The availability of all or part of our Site and/or Products may be limited based on demographic, age, or other criteria as we may establish from time to time. You understand and agree that we may disallow you from subscribing to Ivan's Herbs or may terminate your subscription at any time based on these criteria. For example, you must be 16 years of age or older to use this Site and/or Product and/or to purchase a Ivan's Herbs subscription. You further understand that the Site and/or Products may not be available in every geography. Those who choose to access the Site do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, date, email or other electronic messages, or privacy.
**Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
3. Fees, Billing, Cancellation
Recurring Billing. By initiating your Ivan's Herbs subscription, you authorize us to charge you for your initial subscription period and a recurring subscription fee at the then current rate. Increases in the current rate will be notified to you by e-mail or other notice (such as when you log into your account). You acknowledge that the amount billed each 4 weeks may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed every 4 weeks in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable cancellation fee, as further explained below. Note that even if you do not use your subscription or access the Site and/or purchase Product, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.
Subscription Cycle. When you sign up and purchase your Ivan's Herbs membership, your first Subscription Cycle will be billed immediately. Unless we expressly communicated otherwise, your subscription will automatically renew every 4 weeks. Payment will be taken on the effective date of your auto-renew (a "Renewal Date"), provided that, if we are unable for any reason to take payment on a Renewal Date, we will take payment as soon as practically possible thereafter.
Refunds. Our subscription fees are nonrefundable, unless we specifically communicate otherwise at the time of purchase.
We will give a credit refund in full for certain Product where a guarantee is stated and the Product did not work, in view of the subscriber, in a satisfactory way.
Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicated otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the Ivan's Herbs website or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.
Payment Methods. You may edit your Payment Method information by logging onto our website and editing it in your account settings. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
Cancellation. Unless we communicate otherwise, you may terminate your subscription at any time before your subscription renews, by going into your account settings on the Ivan's Herbs website and letting us know you would like to cancel. Unless we communicate otherwise, following any cancellation you will continue to have access to all Products.
5. Prohibited Conduct
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
- Harass, threaten, stalk, disrupt or defraud users, members or staff of Ivan's Herbs, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
- Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user's account or signing up for more than one account;
- Share Ivan's Herbs passwords with any third party or encourage any other user to do so;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
- Upload material (e.g. virus) that is damaging to computer systems or data of Ivan's Herbs or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Site;
- Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
- Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
- Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
- Link to, mirror or frame any portion of the Site;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
- Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- Make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to users;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site or the content therein;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
- Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.
6. User Submissions
General. The Site provides certain features which enable you and other users to submit health surveys ("User Submissions"). You are requested to complete User Submissions with as much accuracy as possible. Ivan's Herbs guarantees complete anonymity and confidentiality with respect to all User Submissions. You understand and agree that anonymised and aggregated data from User Submissions will be made public.
Ivan's Herbs is responsible for the use or disclosure of information that you disclose in connection with User Submissions, including any personal information. Anonymized and aggregated data from User Submissions are displayed for information purposes only and reflect the opinions of the users making the submission. Ivan's Herbs is entirely responsible for the anonymity and confidentiality for all User Submissions that you make available through the Site.
Right to Remove or Edit User Submissions. Ivan's Herbs may not edit or remove any User Submission without notice.
Feedback. If you provide Ivan's Herbs with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site ("Feedback"), Ivan's Herbs shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Ivan's Herbs a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.
7. Ownership; Proprietary Rights
The Ivan's Herbs website are owned and operated by Ivan's Herbs. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Ivan's Herbs ("Materials") are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site are the copyrighted property of Ivan's Herbs or its subsidiaries or affiliated companies and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. All trademarks, service marks, and trade names used by us on the Site are proprietary to Ivan's Herbs or its affiliates and/or third-party licensors. Except as expressly authorized by Ivan's Herbs, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.
8. Third-party Sites, Products and Services; Links
The Site may include links to other web sites or services ("Linked Sites") solely as a convenience to users. Ivan's Herbs does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Ivan's Herbs makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk.
We ship every Tuesday. Products ordered or subscribed to before 12 noon Central European Time on Tuesdays are shipped out the same day. Delivery from our climate neutral delivery service can be expected the next day.
In no event shall Ivan's Herbs be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort, or otherwise, which arises out of or is any way connected with a product's performance or non-performance.
Ivan's Herbs has tried to ensure that the content posted on the site, including without limitation, the text, data, software, scripts, graphics, and materials ("Content") is correct at the time of publication.
To the fullest extent permissible by law, Ivan's Herbs disclaims all liability and responsibility arising from any errors, omissions, or inaccurate information in such Content and/or reliance placed on such Content and all terms, representations, conditions or warranties that might otherwise be implied in these terms are hereby excluded.
Unless otherwise expressly stated by Ivan's Herbs, all aspects of our Content or features made available through the Site and/or Products are provided "as is" and "as available" and we disclaim and do not accept any liability to you in respect of it or otherwise. It is your responsibility to ensure that the Site and Products offered vida the Site are suitable for your intended purposes.
We accept no liability as to the suitability or fitness of the site or services in meeting your needs and we exclude to the fullest extent permissible by law all express or implied warranties, representations, conditions or terms, including, without limitation: (i) That the Site and/or any Products are suitable for you or will meet your personal needs, (ii) regarding the adequacy of any Product or recommendation, (iii) that the Site and/or any Product, or any aspect thereof, will be available or permitted in your jurisdiction, (iv) that the Site, or any aspect thereof will be uninterrupted or error-free, that defects will be corrected, or that the Site and any downloadable software, content, services, or applications made available in conjunction with or through the Site or the server that makes them available are free of viruses or other harmful components, or (v) regarding the use of the site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise.
You understand and agree any material or data that you download or otherwise obtain through use of the Site is at your own discretion and risk and that you will be solely responsible for any injury, loss, or damages, including damage to your computer system or loss of data that results from the download of such material or data unless this is due to Ivan's Herbs' failure to exercise reasonable skill and care.
12. Liability in respect of Products and related information
You understand that Ivan's Herbs is not a licensed health institution. You are solely responsible for determining whether the Products available on or through the Site are right for you.
You understand that there are certain inherent risks and dangers in using the Products. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.
You acknowledge and agree that it is your responsibility to consult with your physician or other licensed health care professional prior to using Ivan's Herbs (including but not limited to consuming and using a Product) and to determine if and how using a Product is appropriate for you. Do not use Products if your physician or licensed health care provider advises against it.
You also understand and agree that the Site offer health and related information that is designed for information and educational purposes only. Nothing stated or posted on or otherwise available through any aspect of the Site is intended to be, and must not be taken to be the practice of medical, professional or counseling care. The use of any of the Content, recommendations and information provided on or through Ivan's Herbs is solely at your own risk.
The Site is continually under development and Ivan's Herbs makes no warranty of any kind, implied or expressed, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in research may impact the health or related advise that appear on or in connection with the Site. No assurance can be given that the advice of recommendations contained in or through the Site and/or Products will always include the most recent findings or developments with respect to the particular material or topic.
13. Limitation of Liability and Damages
Nothing in these terms (including but not limited to the "Disclaimers" above and limitations of liability below) is intended to exclude or limit any liability that we may have to you by operation of applicable law. This includes liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation.
Under no circumstances, including, but not limited to, negligence, will Ivan's Herbs or its affiliates, contractors, employees, agents or third-party partners or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages arising from or related to the use of the Site or Products, including those that result from the use or the inability to use the materials on the Site, or any other interactions with Ivan's Herbs, even if Ivan's Herbs or an Ivan's Herbs authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Ivan's Herbs' liability will be limited to the fullest extent permitted by applicable law.
14. Dispute Resolution
Generally, if a dispute arises between Ivan's Herbs and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Ivan's Herbs agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the Netherlands without regard to their conflict of law provisions. You agree that any claim or dispute you may have against Ivan's Herbs must be resolved by a court located in the Netherlands except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the Netherlands for the purpose of litigating all such claims or disputes.
Assignment. We may assign, transfer, novate or subcontract all of our rights and/or obligations under these Terms to any company, firm or person at any time without consent. The Terms will inure to the benefit of our successors, assigns and licensees.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This (including the documents referred to herein), as each may be amended as set forth herein, is the entire agreement between you and Ivan's Herbs relating to the subject matter herein.
Disclosures. The services hereunder are offered by Ivan's Herbs VOF, a General Partnership company incorporated and registered in the Netherlands with Chamber of Commerce number 75553155, whose registered office is located at: 519 Nachtwachtlaan, 1058ET Amsterdam, The Netherlands.
Notices. Notices will be sent to you at the email address that you provided to Ivan's Herbs during the registration process. Notices may be sent to us here. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
Appendix 1 - Model Cancellation Form
Complete and return this form only if you wish to withdraw from the contract. Please provide the following information upon submission:
- Message: I hereby give notice that I cancel my contract for the supply of the following service: the Ivan's Herbs subscription service.
- To: Ivan's Herbs, 519 Nachtwachtlaan, 1058ET Amsterdam, The Netherlands.
- Ordered on: ...
- Name of consumer: ...
- Address of consumer: ...
- Signature of consumer: (sign only if this form is notified on paper instead of via electronic mail).
- Date: ...