Terms and Conditions

Please read carefully the following terms and conditions. Unless you agree all the notices and accept all the terms and conditions as below; otherwise you cannot use or connect to the HerbEra online services.

1.           Intellectual Property Rights:-

1.1        M. Way International Co. Ltd. is the beneficial owner of all intellectual property rights of "HerbEra.com". All contents, concepts, graphics and information in "HerbEra.com" are not allowed to be used or copied, whether in whole or in part by any other party without the contest of company in writing.

1.2         HerbEra.com and its products and services in "HerbEra.com" are registered trademarks. Other products and company names may be the trademarks of their respective owners. All these registered trademarks are protected by common laws.

2.      Disclaimer

2.1        All information, including news, services, treatment methods and prescriptions, is only for general reference which are not intended or implied to be a substitute for professional medical advice or medical care. Users are advised to obtain medical advice from qualified doctors before undergoing any new treatment.

2.2        Statement made in websites, newgroups, message boards, e-mail, forum, conferences and chats or otherwise reflect only the views of their authors.

2.3        The company will not be liable or responsible whatsoever for any loss, injury, illness, death, damage or otherwise of any nature or degree (including any indirect, consequential or punitive damage) howsoever caused to or suffered by any user/s, any one claiming through such user/s or any other persons (the claimant) in any way which arises out of or is incidental to the use, reliance or treatment of the information and services herein provided regardless of whether such loss, injury, illness, death, damage or otherwise is caused in whole or in part by any pre-existing physical, health or medical condition of the claimant.

2.4        The company hereby disclaims all warranties and conditions with respect to any information or services available on the site including all implies warranties and conditions of merchantability and fitness for a particular purpose.

3.           Link to Third Party Sites

           "HerbEra.com" may link up with other sites that are outside the control of the company, the company shall not be responsible for the contents and information of any such linked sites or links contained in such links sites.

4.           Online Service Agreement

           "HerbEra.com" is an Internet-based online information and communication service. By accessing "HerbEra.com", you agree to be bound by the terms and conditions of this agreement. If you do not wish to be bound by this agreement, you should not access HerbEra.com. HerbEra.com may modify this agreement at any time without prior notice. Your continued access to HerbEra.com shall be deemed your conclusive acceptance of the modified agreement.

5.           Obligations of the Users

           By accessing HerbEra.com, you hereby agree to :-

5.1        maintain all equipment required for your access to and use HerbEra.com.

5.2        maintain the security of your user identification, password and other confidential relating to your HerbEra.com account.

5.3        Be responsible for all charges resulting from use of your HerbEra.com account, including any unauthorized use prior to your notifying HerbEra.com of such use and taking steps to prevent its further occurrence by changing your password.

5.4        Not to express any obscenity, libel, slander and improper message, graphics or information.

6.           On-line communications

           Your participation in on-line communication is not edited, censored, or otherwise controlled by "HerbEra.com" which cannot and does not screen contents provided by you. Nevertheless the foregoing, "HerbEra.com" reserves the right to monitor contents thereon and to remove some or part/s thereof which "HerbEra.com" in its sole discretion determines to be harmful, offensive, or otherwise in violation of this agreement.

           You may send and receive electronic mail, engage in conference and chats, download and upload files and otherwise use "HerbEra.com" as permitted by this agreement and applicable law. Such activities shall be subject to review, modification and deletion without notice or any reason by the forum manager or its representative responsible for the "HerbEra.com” area where your uploading or other activities take place.

           You may not, under any circumstances, do any of the following things:-

a)           use simultaneous, unattended or continuous connections to "HerbEra.com" with one account.

b)           Post or transmit any message image, data or otherwise which is in the opinion of "HerbEra.com" to be indecent, improper or in violation of the law, unsolicited by or constitutes an interference to users of "HerbEra.com" of indeed other internet users by any means in a manner that is contrary to any applicable law. "HerbEra.com" reserves the right to take such actions as it deems appropriate to rectify the situation.

c)           Upload or download files that contain software or other material protected by copyright and intellectual property right of any third parties.

d)           Or otherwise use "HerbEra.com" in a manner that adversely affects the availability of its resources or causes repeated interference to other users.

           You represent and warrant that you own otherwise control the rights or have the necessary consents to do so upon uploading a file on "HerbEra.com" every time and you agree to grant to every other user the right to download and use such file.

           Your failure to observe any of the foregoing limitations or obligation may result in civil or criminal liability.

7.1        All personal data provided by the users to "HerbEra.com" through the subscription and services of "HerbEra.com" or otherwise will not be processed or disclosed by "HerbEra.com" save as permitted by this agreement as below or as required or allowed by application law or legal process.

7.2        You agree that "HerbEra.com" may share with other parties information gathered during your use of "HerbEra.com" and/or the internet in a form that shall not enable the recipient to identify any user in the following circumstances:-

a)           If you use "HerbEra.com" to purchase or otherwise obtain physical goods or services not delivered by means of electronic transmission during "HerbEra.com" session, the company that sells or provided such physical goods or services will obtain such information.

b)           If you use "HerbEra.com" to purchase or otherwise obtain digital delivery of or access to specific content, goods or services specifically delivered of made accessible to you by means of electronic transmission during a "HerbEra.com" session and the company providing such content, goods or services may obtain such information.

c)           If you obtain dial-up access to "HerbEra.com" from a third independent internet access provider, such information relating to you may be obtained by the internet access provided.

7.3        Such information that you provide during the "HerbEra.com" sign-up or subscription process will be used to create an entry of your name in the "HerbEra.com" user directory.

7.4        Although such information will not be disclosed directly to a third party except as described in this agreement, "HerbEra.com" may use such information to forward special offers or communications from selected companies to "HerbEra.com" users via "HerbEra.com".

7.5        "HerbEra.com" may, in its complete discretion, review uploaded files, conference, bulletin boards, forum and chats, etc. and authorize restrictions on access thereto. "HerbEra.com" will not review the contents of e-mail except as required or allowed by applicable law or legal process.

7.6        To protect the privacy of such information, "HerbEra.com maintains its user account information in a secured database.

8.           User Representations

           You represent and warrant that you are at least 18 years of age and that you have the legal capacity to enter into this agreement and to use "HerbEra.com" in accordance with this agreement. You agree to be financially responsible for your use of "HerbEra.com" and anything related thereto and to comply with your obligations as stated in this agreement.

9.           Termination

           This agreement may be terminated by either party at any time upon reasonable notice being served on the other party. "HerbEra.com" reserve the right to terminate or suspend your "HerbEra.com" membership without prior notice.

10.        Notice

10.1     You may send notice to "HerbEra.com" at any time via electronic mail to "HerbEra.com" : info@herbera.com or by registered mail to the following address: HerbEra.com, M.Way International Co. Ltd.,  1/F., Flat G, Sun Kai Mansion, 38-46 Hennessy Road, Wan Chai, Hong Kong.

10.2     "HerbEra.com may deliver notice to you under this agreement by means of electronic mail, a general notice on "HerbEra.com", fax, of by mail.

11.        Governing Law

           This agreement shall not be governed by and constructed in accordance with the laws of the Hong Kong Special Administrative Region. You agree that your right to commence any legal action or proceeding is restricted to one year after the claim of cause of action arises.