TOS

Terms Of Service

 
Welcome to Botaniceutics Ltd. and Botaniceutics.com. By accessing or using the website features (the "Website"), you accept the following conditions of use (the "Conditions"). Also, by using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. You may not use the Website if you cannot or will not accept these Conditions.

Jurisdiction
Botaniceutics Ltd. and Botaniceutics.com plus its directors, employees, owners or any other company representatives will not be held liable for damages or injury arising from the use of this website or the products that may be obtained from this website.
This site--Botaniceutics Ltd. and Botaniceutics.com (plus excluding linked sites) is administered and controlled by Botaniceutics.com in accordance with the laws of Thailand applicable therein. The user agrees that Botaniceutics Ltd. will be governed by and construed in accordance with Thai law without giving effect to any principles of conflicts of laws. You agree that all disputes, controversies or claims arising out of or in connection with Botaniceutics.com shall be submitted to and be subject to the jurisdiction of the courts of Thailand. You submit to the exclusive and final jurisdiction of the courts of Thailand to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Botaniceutics.com.

General
All products and services of Botaniceutics Ltd. and Botaniceutics.com are subject to the terms and conditions of the applicable agreements governing their use or sale.
These Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern.
The information, material and content provided in the Site (the "Information") may be changed at any time without notice. Changes may be made to these Terms at any time without notice by updating this website posting. You the user agree to review these Terms regularly and your continued access or use of the Site will mean that you agree to any changes of these terms.

Indemnity
You hereby agree to indemnify and hold Botaniceutics.com, and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Content and/or this Web Site, or any content you submit, post, or transmit through this Web Site, your use of this Web Site, your connection to this Web site, your violation of this Terms and Conditions of Use Agreement, or your violation of any rights of another.

Not Offering Advice
Do not use the information contained on this site for diagnosing, treating, curing or preventing a health problem. Carefully read all information provided by the manufacturers of the product on or in the product packaging and labels before using any product. Always consult your own physician for advice and treatment.

Internet E-Mail
Please be aware that unprotected e-mail communication over the Internet is not always confidential, subject to possible interception or loss, and is also subject to possible alteration. Do not send anything that you deem to be confidential. Botaniceutics.com is not responsible for and will not be liable to you or any one else for any damages in connection with an e-mail sent by you to Botaniceutics.com or an e-mail sent by Botaniceutics.com to you at your request.

Force Majeure (Acts of God)
Botaniceutics.com shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to back-orders of requested products, mail delays, customs delays or lost shipments. Botaniceutics.com shall also not be responsible to notify the Customer in the event of such delays. The Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases.
Please be aware that by placing an order for product or services to Botaniceutics.com, you shall be responsible to ensure, that the sale, delivery and shipment of the products will not violate any import, export or other law or regulation in your home country and jurisdiction. The Content of this website does not constitute an offer or solicitation to buy or sell any product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation.

Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
Botaniceutics.com also endeavors to use and disclose your personal information only in limited circumstances. Botaniceutics.com will do so if it is necessary to protect any copyright or intellectual property in the material in the website, or if it is necessary to enforce the Botaniceutics.com Website Terms and Conditions of Use.
Except as specifically stated in this Privacy Policy, we will not share your personally identifiable information with a company that is not associated with Botaniceutics.com

Consequences
Botaniceutics.com holds the right to suspend or terminate your Botaniceutics.com account if you violate this Terms of Use Agreement. If your violation causes harm to others, you agree to indemnify and hold Botaniceutics.com harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this Agreement or your use of this Web Site (Botaniceutics.com), it shall be resolved through good faith negotiations between the parties.
If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the law and regulations of Thailand. Arbitration shall be conducted in accordance with the rules of the Thailand courts. The arbitration award shall be final and binding, and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration. The venue for any arbitration shall be in the Bangkok, Thailand.

DISCLAIMERS
Botaniceutics.com provides the site and the information on an "as is, where is and as available" basis. To the fullest extent permitted by law, Botaniceutics.com does not make any express or implied warranties, representations, endorsements or conditions with respect to the site or the information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currentness, reliability and fitness for a particular purpose. Further, Botaniceutics.com does not represent or warrant that the site will be available or meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of data and/or equipment and to take all precautions to scan for computer viruses or other destructive properties.
You acknowledge and agree that Botaniceutics.com does not endorse the content of any member or any site accessed via links or other means from the site and it is not responsible or liable for such content even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another person.
Botaniceutics.com is not liable for any personal injury, including death, caused by your use or misuse of the site or content or by any products you purchase from a third party. In no event shall Botaniceutics.com or any third parties be liable for any damage (including, without limitation, incidental and consequential damage, personal injury/wrongful death, lost profits, or damage resulting from lost data or business interruption) resulting from the use or inability to use the web site or the content whether based on warranty, contract, tort or any other legal theory, and whether or not Botaniceutics.com is advised of the possibility of such damage. Any liability of Botaniceutics.com shall be limited to the actual damage incurred by you, not to exceed U.S. $500.

I HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON ME AND MY ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES.
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