HERB N' OASIS, LLC
Terms & Conditions
1. Welcome to the Herbnoasis.com services and Website
The Website, services and any other online platform is owned and operated by ""Herb N'' Oasis, LLC"" with Company Number xxxxxxxx and business address; 35 Melbourne St. #5 Boston, MA 02124 USA. This terms and conditions page sets out the rules and guidelines for using the Herb N'' Oasis, LLC services; it also describes the laws that govern both our services ("services") and our users ("Members"). When we refer to "You" within the document, we mean Users, or Members, where we refer to ""we” ""us” ""Our"" refers to Herb N'' Oasis, LLC. We are committed to providing transparent mental health services, baked goods, and private event services through the Herbnoasis.com website.
By signing up for our services, you agree to assume full responsibility for and agree to pay on demand all costs, charges, and expenses of the Herb N’ Oasis services provided to you. Please note no extensions granted to you and no delays on the part of the Herb N' Oasis in enforcing any rights against you shall in any way release you from your financial obligations to make payment.
These terms have been created in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA Privacy Rule) and the HITECH (the Health Information Technology for Economic and Clinical Health Act of 2009) and the regulations thereunder (including 45 CFR Sections 164.308, 164.310, 164.312, and 164.316).
1) Welcome
2) Criteria for using the Herbnoasis.com services
3) Copyright License
4) Confidentiality
5) Our services in detail
6) Order Purchase
7) Personal Information and Privacy
8) Accounts and Registration
9) Become a Consultant or Clinician (Service Providers)
10) Account Responsibility
11) Sessions, Booking and Payment
12) Charges and Chargeback Fees
13) Clinician or Service Provider's Responsibilities
14) Other Sites
15) Copyrights and other Intellectual Property
16) Acceptable User Conditions
17) Variations
18) Breaches of these Terms and Agreements
19) Refunds and Cancellation Procedures
20) Your Liability to Us
21) Severability
22) Legal Disclaimer and Warranties
23) Exclusion of Liability
24) Communications
25) Children Privacy
26) No Reliance
27) Entire Agreement
28) Indemnity
29) Data and Security
30) Governing Law and Jurisdiction
31) Miscellaneous
32) Comments and Complaints
2. Criteria for using the Herbnoasis.com services
To be allowed entry for our Services, you must verify that you have attained the legal age of (21 years of age) and entering into a binding contract. If you are using our Services on behalf of a third party or other persons, you represent that you have authority to act on behalf of that entity and bind that entity to this Agreement.
3. Copyright License
Copyright (C) 2021(S) Herb N' Oasis, LLC services. Subject to the express provisions of these terms and conditions.
● We, together with our licensors, own and control all the copyright and other intellectual property rights in Herbnoasis.com website and the Material on our Website; and
● All the copyright and other intellectual property rights in Herbnoasis.com website and the Material on our Website are reserved.
4. Confidentiality
For purposes of this Agreement, "Confidential Information" means any information, proprietary to or maintained in confidence by either the user or Herb N' Oasis, will be treated as Confidential Information of the each party with the same degree of care accords to its own Confidential Information, but in no case less than reasonable care; and it will not use, disseminate, or disclose to third parties any Confidential Information of the other party ("user or Herb N' Oasis"), except for the purpose of providing the Services, and for any other purpose it was authorize.
These terms and conditions or any order for Herb N' Oasis products or services shall be deemed the Confidential Information of both Herb N' Oasis and the User.
5. Our Services in detail
Herb N' Oasis, LLC provides a mental health, baked goods (Cafe), and private event services via the Website. We offer several services, for the benefit of our supporters, users, and members.
Herb N' Oasis, LLC reserves the right to refuse a user access to the Herb N' Oasis, LLC services and website' at its own discretion. The user or member will have to register for an account in-order to use the services. Our services are divided into three parts namely
a. The Oasis Center
b. The Baked Goods Services (Cafe),
c. Private Event Services
The Mental Health & Companion Services (Oasis Center) – We offer an assessment procedure to be eligible for an Emotional Support Animal which recognizes your rights under the United States Fair Housing Act and Air Carrier Access Act. We also provide therapy through an assessment and diagnosis process; supporting the individual, couple, or undefined unit. Our services are strictly for users who are 21 years and older.
The Baked Goods Services (Cafe) – We have unreeled deep rooted passion for real food that work well with your allergies. We receive orders for our delicious cookies (3/6/12/45 count).
Private Event Services –We transform spaces into a wellness-inspired private oasis. Individuals and/or groups share their wellness needs and are taught how to maintain a balanced environment for long term benefits.
To access our services and Website, you must be a registered member of the Herb N' Oasis, website. Please note that an email confirmation from "Herb N' Oasis" will determine your access to any of our services posted on the Website.
6. Personal Information and Privacy
When you register an account with us, or place an order for one of our services; we may collect and store some Sensitive PII about you ("personal identification information"). Herb N' Oasis is committed to ensuring that your personal information is protected. If you provide information to the Herb N' Oasis website by which your identity can courteously be determined, it will only be used in accordance with the HIPAA Privacy Rule and the Herb N' Oasis privacy statement. Sensitive Personal Information can be defined as
● Name
● DOB
● Phone number
● Health or medical information (other than food allergies);
● Financial account information (other than payment information entered securely when making a purchase on the Website)
7. Accounts and Registration
To access the website Services, you are required to register for an account via the Herb N' Oasis, LLC website. You will be required to provide a username and password or provide additional personal information ("when you place an order"). Alternatively. Some of this information may be of a confidential nature and may include Sensitive personal identifying information ("PII").
Please note that our collection, use and disclosure of your Information is governed by these terms and conditions and any other Policy provided by us.
8. Become a Consultant or Clinician (Service Providers)
To offer services via the Herb N' Oasis website, you will be directed to register as a Consultant or Clinician and agree to be bound by the Herb N' Oasis Terms and conditions. By registering or using the Site as a service provider to offer, post or provide a service, you represent that you, will provide us some personal information, necessary to create an account for you. You also warrant that you or your employees, agents, and subcontractors who may perform the services for you, are genuinely and fully qualified and experienced, and also licensed, certified, bonded, and insured, as required by applicable laws or regulations and in relation to the specific service they are performing.
9. Account Responsibility
When you register an account with us to use our services, you are required to be responsible for all of the following
a. Keep Your Password Secure. If you have been issued an account by Herbnoasis.com in connection to use one of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Herbnoasis.com, are responsible for any activity occurring in your account, whether or not you authorised that activity. If you become aware of any unauthorised access to your account, you should notify Herbnoasis.com immediately, or change your password.
b. Keep Your Details Accurate. We may send notices to the email address provided to us by you on our Website. You must keep your email address, and, where applicable, your contact details and payment details associated with your account current and accurate.
c. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
d. You can cancel your account at any time. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease notwithstanding the foregoing.
10. Sessions, Booking, Payments and Tax
Herb N' Oasis may collect VAT or other indirect taxes at the applicable rate, as per applicable tax rules, at the time of purchase of any products or services or at the time you use the Website. The User agrees to pay all fees or charges specified on the initial Order form found on the service or product page. Unless specified otherwise on the Order of this Agreement. Sessions are by appointment only after booking confirmation.
To secure an appointment with a therapist or consultant Online booking via the Website is highly recommended. To make payments for our service you can use any of the payment options; Debit Card, Credit Card, or ACH (bank deposit).
11. Order Purchase
We provide purchase services to some of our Products or Services. This service includes a mental health services, Café and Private Event Services. Accordingly, you acknowledge that Herb N' Oasis will charge you a fee in order for you to have access and use our services under these Terms.
Please note that each payment transaction will be facilitated through an online payment processing application provided by a third-party vendor(s) and accessible through our Website. You will receive an invoice through your Email.
12. Charges and Chargeback Fees
As a registered user or client you acknowledge and agree that your insurance company will not be responsible for any charges incurred from using the Herb N' Oasis services, treatment or consultation. Furthermore, I agree to be liable for any insufficient funds or chargeback fees originating from my account which may result in additional charges incurred to my account. All payments must be made through the Herb N' Oasis website.
13. Clinician or Service Provider's Responsibilities
As a registered and approved clinician on the Herb N' Oasis website you are required to:
i. Maintain and secure the privacy of all health information, provided by members of the platform in respects to the services.
ii. Agree to collect, process, store, and disclose health-related information only according the HIPAA Privacy Rule and the Herb N' Oasis terms.
iii. You agree to provide Herb N' Oasis notice of service duties carried out upon request via the website and privacy practices
iv. You agree to abide by the terms and conditions found in this Agreement currently in effect.
We reserve the right to change terms and privacy practices, at any time. Revised notices will be posted on the Herb N' Oasis website.
14. Other Sites
Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and Herbnoasis.com does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such Website. The inclusion of a link in any of our Website does not imply Herbnoasis.com endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
15. Copyrights and other Intellectual Property
The Sites contain valuable trademarks and service marks owned and used by Herbnoasis.com, including but not limited to, name, pictures, logo, videos, the Herb N' Oasis, LLC design, and the tag line (collectively, the "Herbnoasis.com Marks"). Any use of the Herbnoasis.com Marks without the prior written permission of Herbnoasis.com is strictly prohibited. The materials and layout of the Sites, and other content or Marks (collectively, the "Site Content"), are the sole and exclusive property of Herbnoasis.com and Herb N' Oasis, LLC.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
16. Acceptable User Conditions
Your use of and access to this Herbnoasis.com website and the services are subject to the following ("Acceptable Use Conditions"), and you agree that failure to comply with any one of these Conditions will constitute a breach of these Terms.
I. We collect your first name, surname, email address, and other relevant information which helps us to create an account for you.
II. The Website and services are open only to residents of the United States.
III. Users or Members must be aged 21 years or over and verification may be requested.
IV. You can delete your account at any time by following the option in your account or contacting us that you want your account deleted. We reserve the right to disable or delete any bill which has been inactive for 24 months or more. You can register again if your account has been deleted unless you have been barred from using Herb N' Oasis, LLC website.
V. You will not promote any illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
17. Variations
We are constantly developing and improving our Services. In the future we may decide to add or remove some services or features, including, for example, if you do not comply with this terms or if we are investigating suspected misconduct. You agree to be bind with the new changes and features available on this Website.
18. Breaches of these Terms and Agreements
If you breach any of these terms and conditions in any manner, or if we reasonably suspect that you have breached the terms on this Agreement in any way, we retain the rights to;
● Send you one or more formal warnings;
● Temporarily suspend your access to our Website;
● Permanently prohibit you from accessing our Website;
● Black lists all computers using your IP address from accessing our Website;
● Contact any or all of your internet service providers and request that they block your access to our Website
● Begin legal action against you, whether for breach of contract or otherwise; and/or
● Suspend or delete your account on our Website.
Where we suspend or prohibit or block your access to our Website or a part of our services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account)
19. Refunds or Cancellation
As a user or client of the Herb N' Oasis services, you are entitle to a refund but terms and conditions apply. For more information about our refunds and cancellation procedure please visit our refunds and cancellation page.
20. Your Liability to Us
You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly).
21. Severability
If any provision or provisions of this terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
22. Legal Disclaimer and Warranties
The service (and any associated products, features, content, third-party content, third-party websites, third-party applications, user content, Herb N' Oasis technology or software and any other content ("collectively the "Herb N' Oasis offerings") are provided on an "as is" and "as available" basis. Without limiting the generality of the foregoing, Herb N' Oasis (and its parent, successors, affiliates, subsidiaries, contractors, service providers, employees, officers, directors, suppliers, licensors, partners and agents ("Herb N' Oasis parties") expressly disclaims all warranties or representations of any kind, express, implied or statutory, regarding the Herb N' Oasis offerings, including, without limitation, any implied warranty of quality, accuracy, performance, availability, merchantability, quiet enjoyment, fitness for a particular purpose, title or non-infringement.
23. Communications
By using this Website and services, you
• Consent to receive communications from Herb N' Oasis in an electronic form such as email, to provide special deals, and promotion;
• Agree that all terms and conditions, agreements, notices, disclosures, and other communications that Herb N' Oasis, LLC provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing.
This subparagraph does not affect your statutory rights.
24. Children Privacy
We respects the privacy of children, and we are committed to complying with the Children Online Privacy Protection Acts COPPA and the UN Convention on the Rights of the Child. This site does not knowingly collect, use, or disclose personal information from children under the age of 21 without prior parental consent, or do we provide Herb N' Oasis services to children under 21 years of age. However, we may provide our service to children under 21 years of age but in the supervision of a parental guardian.
25. No Reliance
You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.
26. Entire Agreement
This Agreement is the entire Agreement between the user and Herb N' Oasis and supersedes any prior understandings or agreements (written or oral).
27. Indemnity
We reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any case without the prior written consent of Herbnoasis.com. Herbnoasis.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
28. Data and Security
Herbnoasis.com takes reasonable steps to protect the information provided via the Website from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using the Website you agree to be bound by that policy.
However, no Internet or email transmission is ever fully secure or error-free. Therefore, you should take special care in deciding what information you send to us via the Website or email. Please keep this in mind when disclosing any information via the Internet
29. Governing Law and Jurisdiction
This Agreement shall be governed and construed in all respects by the Dorchester District Court and the United States of America laws. You agree that any claim or dispute you may have must be resolved by arbitration. You and Herb N' Oasis, LLC both agree to submit to the non-exclusive jurisdiction of the Dorchester District Court.
30. Miscellaneous
Herbnoasis.com may modify the terms herein contained at any time. Such modifications shall be communicated by email and shall be binding on you.
● All disputes relating to these terms and any services made by Herbnoasis.com to you shall be governed by the laws of the Dorchester District Court without reference to its conflict of laws principles and is subject to the exclusive jurisdiction in the United States.
● Herbnoasis.com is subject to existing laws and legal process and nothing contained in these Terms is in derogation of Herbnoasis.com right and obligation to comply with the Law or governmental, court and requests of enforcement agencies.
● If any part of these terms are held to be invalid or unenforceable including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the condition and is nevertheless good and enforceable and the remainder of these terms shall continue in effect.
You may not assign any rights or obligations against Herbnoasis.com without our prior written consent. Herbnoasis.com reserves the right to transfer any right or obligation against you upon notice to you. Upon such assignment, the assignee shall be bound by the Terms in the same manner as Herbnoasis.com shall cease to have any liability to you.
31. Comments and Complaints
If you believe that your privacy has in anyway been violated, or perhaps you have a comment about one of our services; you may file a complaint with us or with the Secretary of Health and Human Services in Washington, D.C. We will not penalize you for filing a complaint with us or the Secretary, and it will also not affect your ability to use services.
To file a complaint with us or receive more information contact:
Phone: (857) 267-1145
Email: info@herbnoasis.com
Address: 32 Melbourne St. Apt. #5, Dorchester MA, 02124 USA.
To file a complaint with the Secretary of Health and Human Services write to
200 Independence
Ave., S.E., Washington, D.C.
20201 or call 1-877-696-6775.