Welcome to Herbal Healing Delivery and its related application and services. Please read carefully the following terms and conditions which you must abide by and shall be governed by at all times. These terms and conditions (User Terms) apply to your visit to and your use of our website at www.herbalhealingdelivery.com (the Website), the Service and the Application (as defined below), as well as to all information, recommendations and or services provided to you on or through the Website, the Service and the Application.
Herbal Healing Delivery Services
Herbal Healing Delivery offers information and a means to obtain products offered by third party delivery services, drivers, or vehicle operators (the “Delivery Provider”), which may be requested through the use of an application supplied by Herbal Healing Delivery and downloaded and installed by you on your single mobile device (smart phone) (the Application). All services provided by Herbal Healing Delivery to you by means of your use of the Application are hereafter referred to as the Service.
By using the Application or the Service, you enter into a contract with Herbal Healing Delivery (the Contract). In order to be able to use the Application or Service, you first need to sign up with Herbal Healing Delivery. When signing up, you are obligated to provide Herbal Healing Delivery with your personal information and medical marijuana recommendation patient information including Patient ID and Expiration Date. Upon successful completion of your signing up with Herbal Healing Delivery, Herbal Healing Delivery will provide you with a personal account that may be used while your Herbal Healing Delivery registration and medical marijuana registrations are valid and in good standing.
As a condition to using the Service or the Application, you must be 18 years of age or older, and possess a valid medical marijuana recommendation from a licensed and qualified physician who is practicing medicine in the state that you use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. If at any time your medical marijuana recommendation expires, is revoked, or is otherwise deemed invalid or null and void, you must cease using the Service and Application immediately. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.
Description of Basic Service and the Application
The Application allows you to send a request for delivery service to a Delivery Provider. The GPS receiver – which should be installed on the mobile device (smart phone) on which you have downloaded the Application – detects your location and sends your location information to the relevant Delivery Provider. The Delivery Provider has sole and complete discretion to accept or reject each request for delivery service. The Delivery Provider also has sole and complete discretion over whether to use the Application to receive the leads generated through the Application. If the Delivery Provider accepts a request, the Application notifies you and provides information regarding the Delivery Provider – including its name, vehicle license number, and customer service rating – and the ability to contact the Delivery Provider by telephone. The Application also allows you to view the Delivery Provider’s zone of origin, and the estimated amount of time until delivery.
Herbal Healing Delivery shall procure reasonable efforts to bring you into contact with a Delivery Provider in order to obtain delivery service, subject to the availability of Delivery Providers in or around your location at the moment of your request for delivery services.
For the avoidance of doubt: Herbal Healing Delivery itself does not provide delivery services, and Herbal Healing Delivery is not a delivery carrier. It is up to the Delivery Provider to offer delivery services, which may be requested through the use of the Application and/or the Service. Herbal Healing Delivery only acts as intermediary between you and the Delivery Provider. The provision of the delivery services by the Delivery Provider to you is therefore subject to the agreement (to be) entered into between you and the Delivery Provider. Herbal Healing Delivery shall never be a party to such agreement.
Use of the Application or the Service
You warrant that the information you provide to Herbal Healing Delivery is accurate and complete, and that your medical marijuana recommendation is valid at all times during the Service. Herbal Healing Delivery is entitled at all times to verify any information that you have provided and to refuse the Service or use of the Application without providing reasons. You warrant that your use of the Service is intended to and will only benefit you, and that you will be the sole consumer or user of any and all products received by any Delivery Provider. You warrant that you will not share, resell, wholesale, trade, gift or otherwise distribute any products received from a Delivery Provider.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. Herbal Healing Delivery is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. Herbal Healing Delivery reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
The use of the Application and the Service is free of charge. Herbal Healing Delivery reserves the right to introduce a fee for the use of the Application and/or the Service. If Herbal Healing Delivery decides to introduce such a fee, Herbal Healing Delivery shall inform you accordingly and allow you to either continue or terminate the Contract.
The rates that apply for the delivery services by the Delivery Provider may be found on the Website and/or through the Application. These may be modified or updated by Herbal Healing Delivery or the Delivery Provider from time to time. It is your own responsibility to remain informed about the current rates for the delivery services.
In the event Herbal Healing Delivery is authorized to process your credit card either for itself or on behalf of a Delivery Provider, Herbal Healing Delivery shall charge you for the delivery services provided to you by the Delivery Provider. You agree that you will pay for all products and delivery services you ordered from the Delivery Provider, and that Herbal Healing Delivery may charge your credit card account as provided by you including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Herbal Healing Delivery with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
Herbal Healing Delivery shall use a third-party payment processor (the Payment Processor) to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Herbal Healing Delivery is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Herbal Healing Delivery will obtain certain transaction details, which Herbal Healing Delivery will use solely in accordance with its Privacy and Cookie Notice.
Representations & Warranties; Indemnification
By using the Application or the Service, you further represent, agree, and warrant that:
- You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
- You will not authorize others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
- You will not use the Service or Application for unlawful purposes, including but not limited to receiving, sending, or storing any unlawful material or substance;
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the network;
- You will not try to harm the Service or Application in any way whatsoever;
- You will not copy, or distribute the Application or other Herbal Healing Delivery Content without prior written permission from Herbal Healing Delivery;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
- At any time, you will provide us with whatever proof of identity or proof of a medical marijuana recommendation that we may reasonably request;
- You will only use an access point or 3G data account (AP) which you are authorized to use;
- You are aware that when requesting delivery services by SMS if available in your jurisdiction), standard messaging charges will apply;
- You will not use the Service or Application with an incompatible or unauthorized device;
- You will comply with all applicable laws, regulations, rules, and ordinances from your home nation, the country, state, county, and/or city in which you are present while using the Application or Service.
Herbal Healing Delivery reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Herbal Healing Delivery, its affiliates, its licensors, and each of their officers, directors, Members, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach, or a violation or breach directly or indirectly caused by you, of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Delivery Providers arranged via the Application, or (c) your use or misuse of the Application or Service.
The information and/or services provided to you on or through the Website, the Service, and the Application is for general information purposes only and does not constitute advice. Herbal Healing Delivery will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application or the information therein are correct, up to date and accurate.
Herbal Healing Delivery shall not be liable for any damages of any type resulting from the use of or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct on the part of Herbal Healing Delivery.
Herbal Healing Delivery shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Herbal Healing Delivery’s aggregate liability shall in no event exceed an amount of $200 USD or, where applicable, the equivalent of that amount in the currency used by you for the payment of the delivery services to the Delivery Provider.
The quality of the delivery services requested through the use of the Application or the Service is entirely the responsibility of the Delivery Provider who ultimately provides such delivery services to you. Herbal Healing Delivery under no circumstance accepts liability in connection with and/or arising from the delivery services provided by the Delivery Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Delivery Provider. Any complaints about the delivery services provided by the Delivery Provider should therefore be submitted to the Delivery Provider.
In the event that you have a dispute with one or more other users, Delivery Providers, or others, you hereby release Herbal Healing Delivery, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
License Grant, Restrictions and Copyright Policy
For the purpose of this User Term, the following definitions apply:
Content means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.
Herbal Healing Delivery Content means Content owned or used by Herbal Healing Delivery, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
User means a person who accesses or uses the Service or Application.
User Content means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.
Collective Content means, collectively, Herbal Healing Delivery Content and User Content. Subject to your compliance with these User Terms, Herbal Healing Delivery grants you a limited, non-exclusive, non-transferable license:
- (i) to view, download and print any Herbal Healing Delivery Content solely for your personal and non-commercial purposes; and
- (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Herbal Healing Delivery. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Herbal Healing Delivery or its licensors, except for the licenses and rights expressly granted in these User Terms.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, Herbal Healing Delivery shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (License Grant).
You acknowledge that Herbal Healing Delivery only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Herbal Healing Delivery shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Herbal Healing Delivery be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Herbal Healing Delivery.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Herbal Healing Delivery, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Herbal Healing Delivery or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.
Herbal Healing Delivery reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Herbal Healing Delivery believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Herbal Healing Delivery.
You agree to promptly notify Herbal Healing Delivery in writing of any User Content which breaches these User Terms. You agree to provide to Herbal Healing Delivery sufficient information to enable Herbal Healing Delivery to investigate whether such User Content breaches these User Terms. Herbal Healing Delivery agrees to make good faith efforts to investigate such complaint and shall take such action as Herbal Healing Delivery in its sole discretion decides. However, Herbal Healing Delivery does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Subject to your compliance with these User Terms, Herbal Healing Delivery grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
Herbal Healing Delivery will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Herbal Healing Delivery may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Herbal Healing Delivery has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Herbal Healing Delivery reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Herbal Healing Delivery, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
Herbal Healing Delivery respects copyright law and expects its users to do the same. It is Herbal Healing Delivery’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. Please see Herbal Healing Delivery’s Copyright Policy at www.herbalhealingdelivery.com, for further information.
Intellectual Property Ownership
Herbal Healing Delivery alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Herbal Healing Delivery. Herbal Healing Delivery’s name, logo, and the product names associated with the Application and Service are trademarks of Herbal Healing Delivery, its affiliated companies or third parties, and no right or license is granted to use them.
App Store Sourced Application
With respect to any Application accessed through or downloaded from the Apple App Store (App Store Sourced Application), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. Herbal Healing Delivery reserves all rights in and to the Application not expressly granted to you under these User Terms.
You acknowledge and agree that (i) these User Terms are valid between you and Herbal Healing Delivery only, and not Apple, and (ii) Herbal Healing Delivery, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Herbal Healing Delivery and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Herbal Healing Delivery.
You and Herbal Healing Delivery acknowledge that, as between Herbal Healing Delivery and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Herbal Healing Delivery acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Herbal Healing Delivery and Apple, Herbal Healing Delivery, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and Herbal Healing Delivery acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Third Party Interactions
Term and termination of the contract
The Contract between Herbal Healing Delivery and you is concluded for an indefinite period.
You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on Herbal Healing Delivery’s website.
Herbal Healing Delivery is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of Herbal Healing Delivery, misuse the Application or the Service. Herbal Healing Delivery is not obliged to give notice of the termination of the Contract in advance. After termination Herbal Healing Delivery will give notice thereof in accordance with these User Terms.
Invalidity of one or more provisions
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
Modification of the Service and User Terms
Herbal Healing Delivery reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Herbal Healing Delivery may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Herbal Healing Delivery may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in Herbal Healing Delivery’s account information, or by written communication sent by regular mail to your address on record in Herbal Healing Delivery’s account information.
You may not assign your rights under these User Terms without prior written approval of Herbal Healing Delivery.
Privacy and Cookie Notice
Herbal Healing Delivery collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice.
Applicable law and Dispute Resolution
These User Terms are subject to the laws of the state of California without regard to any conflict of law principles. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, Disputes) shall be submitted and resolved exclusively by a private Arbitration service in Los Angeles County, California. You hereby waive you rights to pursue any rights in state or federal court. You hereby submit to the personal jurisdiction of Los Angeles County, and waive any right to make an objection based on personal jurisdiction or service of process.
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.
PLEASE NOTE THAT HERBAL HEALING DELIVERY IS AVAILABLE ONLY IN CERTAIN STATES OF UNITED STATES OF AMERICA