Terms of service

OVERVIEW
Welcome to Health Hercules. The terms “we”, “us” and “our” refer to Health Hercules. Health Hercules operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). Health Hercules is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors and product appearance may differ from how they appear on your screen due to the device you use to access the store and your device settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match exactly what is depicted in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Health Hercules reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Health Hercules confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Health Hercules may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer promotions from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorized to use that payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Health Hercules, its affiliates, or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.

Except as expressly provided in these Terms, nothing grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of Health Hercules, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted are reserved by Health Hercules.

Health Hercules names, logos, product and service names, designs, and slogans are trademarks of Health Hercules or its affiliates or licensors. You must not use such trademarks without prior written permission of Health Hercules. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor and do not control or manage.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features will be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review the third party’s policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Health Hercules is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Health Hercules. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Health Hercules, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Health Hercules.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify and with third parties that may be located in other countries than where you reside to provide services to you. Review our privacy policy for details on how we, Shopify, and our partners use personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant Health Hercules a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback, (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback, and (iii) your Feedback will comply with these Terms. We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of any party’s intellectual property or these Terms.

You agree your Feedback will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You also agree your Feedback will not contain unlawful, abusive, or obscene content, or contain any computer virus or malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of Feedback. You are solely responsible for Feedback you make and its accuracy. We assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose, (b) to violate any laws or regulations, (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person, (e) to transmit false or misleading information, (f) to send or use any material that does not comply with these Terms, (g) to transmit any unsolicited advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations, (h) to impersonate or attempt to impersonate any person or entity, or (i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Health Hercules, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or malicious code, (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, (c) collect or track the personal information of others, (d) spam, phish, pharm, pretext, spider, crawl, or scrape, or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services, in whole or in part, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any contents.

Except as expressly stated by Health Hercules, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow disclaimers of implied or other warranties, so the above disclaimer may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent provided by law, in no case will Health Hercules, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including any errors or omissions in any content, or any loss or damage incurred as a result of use of the Services or any content or product made available through the Services, even if advised of their possibility.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Health Hercules, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such determination will not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, including prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws and courts in the jurisdiction where Health Hercules is headquartered, without regard to conflict of law rules. You and Health Hercules consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
Headings are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at returns@healthhercules.com.

Our contact information is below:
Health Hercules
returns@healthhercules.com
10/14 Harrington St, Arundel QLD 4214, Australia