- Account Terms
- To access and use the Services, you must register for a Health Hero Sante Barley account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required in our online form. Health Hero Sante Barley may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by Health Hero Sante Barley for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that Health Hero Sante Barley will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
- You are responsible for keeping your password secure. Health Hero Sante Barley cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Health Hero Sante Barley may result in an immediate termination of your Services.
2. Account Activation
2.1 Store Owner
- Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.
- If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Your Health Hero Sante Barley Store can only be associated with one Store Owner. A Store Owner may have multiple Health Hero Sante Barley Stores. “Store” means the online store or physical retail location(s) associated with the Account.
2.3 PayPal Express Checkout and Health Hero Sante Barley Payments Accounts
2.2 Domain Names
- Upon purchasing a domain name through Health Hero Sante Barley, domain registration will be preset to automatically renew each year so long as your Health Hero Sante Barley Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
Only one person can be the “Store Owner”, usually the person signing up for the Health Hero Sante Barley Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.
We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which are with various third parties.
Any domain you purchase through us will automatically renew unless you opt out.
3. General Conditions
Technical support in respect of the Services is only provided to Health Hero Sante Barley Users.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Philippines applicable therein, without regard to principles of conflicts of laws.
- You acknowledge and agree that Health Hero Sante Barley may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Health Hero Sante Barley’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Health Hero Sante Barley’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Health Hero Sante Barley Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Health Hero Sante Barley.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Health Hero Sante Barley or Health Hero Sante Barley trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to Health Hero Sante Barley Support.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Health Hero Sante Barley shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Health Hero Sante Barley’s prior written consent, to be given or withheld in Health Hero Sante Barley’s sole discretion.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
The Health Hero Sante Barley service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. Health Hero Sante Barley Rights
- We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Health Hero Sante Barley customer, Health Hero Sante Barley employee, member, or officer will result in immediate Account termination.
- Health Hero Sante Barley does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Health Hero Sante Barley employees and contractors may also be Health Hero Sante Barley customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
- Health Hero Sante Barley retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Health Hero Sante Barley reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a Health Hero Sante Barley account, we can freeze the account or transfer it to the rightful owner, as determined by us.
- “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Health Hero Sante Barley’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
Both you and Health Hero Sante Barley agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
6. Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, Health Hero Sante Barley shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- To the extent permitted by applicable laws, in no event shall Health Hero Sante Barley or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Health Hero Sante Barley partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Health Hero Sante Barley does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Health Hero Sante Barley does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Health Hero Sante Barley does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.
7. Waiver and Complete Agreement
The failure of Health Hero Sante Barley to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Health Hero Sante Barley and govern your use of the Services and your Account, superseding any prior agreements between you and Health Hero Sante Barley (including, but not limited to, any prior versions of the Terms of Service).
If Health Hero Sante Barley chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.
These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Health Hero Sante Barley don’t apply if they conflict with these terms.
8. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Health Hero Sante Barley Service. All Materials you upload remains yours. You can remove your Health Hero Sante Barley Store at any time by notifying our admin.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Health Hero Sante Barley to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Health Hero Sante Barley can, at any time, review and delete all the Materials submitted to its Service, although Health Hero Sante Barley is not obligated to do so.
- You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- Health Hero Sante Barley shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
Anything you upload remains yours and is your responsibility.
9. Health Hero Sante Barley Shipping
Health Hero offers Cash on Delivery service within Metro Manila ONLY due to Enhanced Community Quarantine. We have our own service courier within Metro Manila to provide faster delivery. We also offer straight payment delivery or Cash On Pick Up via LBC outside Metro Manila orders.
With the minimum purchase of ₱1500 and it will be shipped for FREE if the customer lives within Metro Manila.
If they fail to meet the minimum purchase, +180 for the shipping fee.
If they are living outside Metro Manila, we offer Cash On Pick-Up at any LBC Branch near them. Just send their shipping details and the nearest LBC Branch Address near them. Please note that the estimated delivery time is 1 week due to Enhanced Community Quarantine.
10. Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than Health Hero Sante Barley Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as Health Hero Sante Barley Payments, domain names, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
- Subscription Fees are paid before the turn over and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Health Hero Sante Barley’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Health Hero Sante Barley reserves the right to terminate your Account.
- For the avoidance of doubt, all sums payable by you to Health Hero Sante Barley under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Health Hero Sante Barley to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Health Hero Sante Barley shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
- You must maintain an accurate location in the administration menu of your Health Hero Sante Barley Store. If you change jurisdictions you must promptly update your location in the administration menu.
- Health Hero Sante Barley does not provide refunds.
A valid payment method (like a credit card) is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are not able to process payment of Fees using your payment method, we will try again in 3 days. If we are unable to process payment of Fees on the second attempt, we will make a third and final attempt three days later. If payment of Fees is unsuccessful after three attempts, Health Hero Sante Barley may freeze your store. You may be required to remit Taxes to Health Hero Sante Barley or to self-remit to your local taxing authority. No refunds.
11. Cancellation and Termination
- You may cancel your Account and terminate the Terms of Service at any time by contacting Health Hero Sante Barley Supportand then following the specific instructions indicated to you in Health Hero Sante Barley’s response.
- Upon termination of the Services by either party for any reason:
- Health Hero Sante Barley will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Health Hero Sante Barley for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your Store website will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Health Hero Sante Barley Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, Health Hero Sante Barley may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
To initiate a termination contact, Health Hero Sante Barley will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through Health Hero Sante Barley will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.
12. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from Health Hero Sante Barley. Such notice may be provided at any time by posting the changes to the Health Hero Sante Barley Site (Health Hero Sante Barley.com) or the administration menu of your Health Hero Sante Barley Store via an announcement.
- Health Hero Sante Barley reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
We may change or discontinue the service at anytime, without liability.
13. Feedback and Reviews
Health Hero Sante Barley welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Health Hero Sante Barley be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Health Hero Sante Barley (whether submitted directly to Health Hero Sante Barley or posted on any Health Hero Sante Barley hosted forum or page), you waive any and all rights in the Feedback and that Health Hero Sante Barley is free to implement and use the Feedback if desired, as provided by you or as modified by Health Hero Sante Barley, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Health Hero Sante Barley must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Health Hero Sante Barley reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
14. Privacy & Data Protection