Terms of service

Terms of Service

Overview

Welcome to NixHerb! References to “we”, “us”, and “our” refer to NixHerb. NixHerb operates this store and website, including all related information, content, features, tools, products and services associated with orders, to deliver a curated shopping experience to you (the customer) (collectively the “Services”). NixHerb is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively the “Terms of Service” or “Terms”), set forth your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including disclaimers and limitations of liability.

By accessing, using or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [INSERT LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use our Services.

Section 1 – Access & Accounts

By agreeing to these Terms of Service, you represent that you have reached the legal age of majority in your state or province of residence, and that you have consented to allow any minor dependents under your care to use the Services on any device owned, purchased or managed by you.

To use the Services, including browsing our online store or purchasing any products or services we offer, you may be required to submit certain information such as your email address, billing, payment and shipping details. You represent and warrant that all information you provide to our store is accurate, current and complete, and that you hold all necessary rights to submit such information.

You bear full responsibility for safeguarding the security of your account credentials and for all activities conducted under your account. You may not assign, sell, transfer or authorize your account to any third party.

Section 2 – Our Products

We have made every reasonable effort to accurately display our products and services within our online store. Please note, however, that product colors and appearances visible on your screen may vary due to differences in device type, display settings and configurations.

We do not guarantee that the appearance or quality of any purchased product or service will meet your expectations or match the depictions shown on our online store.

All product descriptions are subject to modification without prior notice, and all final interpretation rights are reserved by us. We reserve the right to discontinue any product offering at any time, and may limit the quantity of any product available to any individual, region or jurisdiction at our sole discretion.

Section 3 – Orders

Submitting an order constitutes an offer to purchase goods. NixHerb reserves the right to accept or reject your order for any reason at its sole discretion. An order is only deemed confirmed and binding once NixHerb formally accepts it, which occurs only after we receive and process full payment. Please review your order thoroughly prior to submission; once an order has been accepted, NixHerb may not honor cancellation requests. If we decline, modify or cancel your order, we will attempt to contact you via the email, billing address and/or phone number you provided at checkout.

Returns and exchanges for your purchases are governed exclusively by our Refund Policy [INSERT LINK].

You represent and warrant that all purchases you make are for your personal or household use only, and not for commercial resale or export purposes.

Section 4 – Pricing & Billing

All prices, discounts and promotions are subject to change without advance notice. The price applicable to your order is the rate valid at the time of checkout, which will be listed in your order confirmation email. Unless explicitly stated otherwise, displayed prices exclude sales taxes, shipping fees, handling charges, customs duties and import levies.

Prices published on our online store may differ from pricing at physical retail locations, third-party operated online shops or other retail platforms. We may run promotional offers from time to time that alter standard pricing, which shall be governed by separate promotional terms. In the event of a conflict between promotional terms and these Terms of Service, the promotional terms shall prevail.

You agree to provide up-to-date, complete and accurate purchase, payment and account information when making purchases through our store. You further agree to promptly update your account details, including your email address, credit card numbers and expiry dates, to allow us to complete your transactions and contact you as needed.

You represent and warrant that:

All credit card information you submit is true, correct and complete;
You are duly authorized to use the credit card for purchases;
Your credit card issuer will honor all charges incurred by you;
You will settle all accrued charges at the stated prices, including shipping, handling and all applicable taxes where required.

Section 5 – Shipping & Delivery

We accept no liability for shipping or delivery delays. All delivery timelines are estimates only and are not guaranteed. We shall not be held responsible for delays caused by carrier processing, customs clearance or circumstances outside our reasonable control. Title and risk of loss for all goods transfer to you immediately upon our handover of the items to the shipping carrier.

Section 6 – Intellectual Property

Our Services, including without limitation all trademarks, brand names, text, visuals, imagery, graphics, product reviews, video and audio content, as well as their design, selection and arrangement, are owned by NixHerb, its affiliates or licensors, and protected under United States and international patent, copyright and other intellectual property laws.

These Terms grant you a limited license to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not copy, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any materials contained within the Services. Nothing contained within these Terms shall be construed as granting you any license or right to use any patent, trademark, copyright or other intellectual property belonging to NixHerb, Shopify or any third party, except as explicitly stated herein. Unauthorized use of the Services may violate federal and state intellectual property legislation. All rights not expressly granted under this Agreement are reserved by NixHerb.

The name, logo, product and service names, designs and slogans of NixHerb are trademarks owned by NixHerb, its affiliates or licensors. You may not use these trademarks without NixHerb’s prior written approval. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing within the Services are trademarks of their respective owners.

Section 7 – Optional Third-Party Tools

You may be granted access to third-party customer tools that form part of the Services, over which we exercise no monitoring, oversight or control, and for which we cannot intervene in functionality.

You acknowledge and agree that we provide access to such tools on an “as-is” and “as-available” basis without warranties, representations or conditions of any kind, and without endorsement of any form. We shall bear no liability whatsoever arising out of or related to your use of optional third-party tools.

Your use of any optional tools made available via our website is undertaken entirely at your own risk and discretion, and you must verify and consent to the terms of service provided by the relevant third-party tool provider.

We may roll out new features (including new tools and resources) through the Services in the future. All such new functionality shall be deemed part of the Services and subject to these Terms of Service.

Section 8 – Third-Party Links

The Services may contain materials and hyperlinks to websites operated or supplied by third parties (including embedded third-party functionality). We do not review or evaluate the accuracy or content of any third-party materials or websites you choose to visit. If you elect to leave our Services to access third-party content or external websites, you do so entirely at your own risk.

We accept no responsibility for any damages or losses incurred from your access to third-party websites, or your purchase or use of any third-party products, services, resources or content hosted on external platforms. Please carefully review and understand all third-party policies and terms prior to completing any transactions. All complaints, claims, inquiries or concerns regarding third-party goods and services must be directed solely to the relevant third-party provider.

Section 9 – Relationship with Shopify

[Merchant Note: This section accurately describes the relationship between Shopify and your store and must not be deleted or modified.]

NixHerb is powered by Shopify to enable us to deliver the Services to you. However, all sales and purchases completed through our store are transacted directly with NixHerb. By using the Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of sales conducted between you and NixHerb, including any injury, damage or loss arising from the purchase of products and services. You hereby fully release Shopify and its affiliates from all claims, damages and liabilities arising out of or related to any purchases or transactions you conduct with NixHerb.

Section 10 – Privacy Policy

All personal data collected through the Services is governed by our Privacy Policy, accessible here [INSERT LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, available here [INSERT LINK]. Your use of the Services confirms that you have read and understood these privacy policies.

As the Services are hosted on Shopify’s infrastructure, Shopify processes personal data related to your access and usage of the Services to deliver and improve platform functionality. Information you submit to the Services will be transmitted to Shopify and other third parties located in jurisdictions outside your country of residence to facilitate service delivery. Please review our Privacy Policy [INSERT LINK] for full details on how we, Shopify and our partner vendors process your personal information.

Section 11 – Feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans or other content (collectively “Feedback”), you hereby grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial use, across all media formats. For example, we may exercise the rights granted under this license to operate, supply, assess, enhance, improve and market the Services, while fulfilling our contractual obligations and exercising our rights under these Terms of Service.

You further represent and warrant that:

You hold all necessary proprietary rights to all Feedback you submit;
You have disclosed any compensation or incentives associated with submitting the Feedback;
Your Feedback complies with all provisions set out in these Terms.

We are under no obligation to:

Treat your Feedback as confidential;
Provide monetary compensation for your Feedback;
Respond to your Feedback submissions.

We reserve the right (but not the obligation) to monitor, edit or remove any content we deem unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable at our sole discretion, or content that infringes third-party intellectual property rights or violates these Terms of Service.

You agree that your Feedback shall not infringe any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also warrant that your Feedback contains no defamatory, unlawful, abusive or obscene material, and shall not embed computer viruses, malware or any other malicious code that may disrupt the operation of the Services or any associated websites. You may not submit Feedback using false email addresses, impersonate another individual or entity, or otherwise mislead us or third parties regarding the origin of any Feedback. You bear full responsibility for all Feedback you provide and its factual accuracy. We accept no liability or legal obligation for any Feedback posted by you or any third-party user.

Section 12 – Errors, Inaccuracies & Omissions

Information displayed within the Services may occasionally contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping costs, delivery timelines and stock availability. We reserve the right to correct any errors, inaccuracies or omissions at any time, and to amend or update information or cancel orders without prior notice, even after you have submitted your order, if published information is proven incorrect.

Section 13 – Prohibited Uses

You may only access and use the Services for lawful purposes. You shall not access or utilize the Services, directly or indirectly, to:

Engage in any illegal or malicious activity;
Violate any international, federal, provincial, state or local statute, regulation, law or municipal ordinance;
Infringe or breach our intellectual property rights or the intellectual property rights of any third party;
Harass, abuse, insult, harm, defame, slander, intimidate or injure any of our staff or other individuals;
Disseminate false or misleading information;
Send, knowingly receive, upload, download, use or republish any material that breaches these Terms;
Distribute or facilitate the distribution of unsolicited advertising or promotional materials, including spam, chain letters, junk mail or other similar solicitation content;
Impersonate or attempt to impersonate any other person or legal entity;
Engage in any other conduct that restricts or inhibits any individual’s use and enjoyment of the Services, or conduct that we determine may harm NixHerb, Shopify, platform users or expose them to liability.

Additionally, you agree not to:

Upload or transmit viruses or any other malicious code that disrupts or impairs the functionality or operation of the Services;
Copy, duplicate, extract, sell, resell or exploit any portion of the Services for commercial gain;
Collect or harvest the personal identifiable information of other users;
Send spam, phishing, baiting or deceptive communications to abuse the Services;
Deploy any bots, web crawlers, scrapers, data extraction tools, automated devices, processes or AI agents (such as proxy-based AI) to access the Services, whether automatically or manually;
Interfere with, bypass or circumvent any security protocols, access authorization features, robot exclusion headers or other safeguards implemented to restrict unauthorized access to the Services.

If we determine you have breached any provision of these Terms, we reserve the right to suspend, disable or terminate your account immediately without prior notification.

Section 14 – Agents

14.1 This Section (“Agent Terms”) applies if you use, permit, enable or deploy any Agent to access, use or interact with the Services. An “Agent” refers to any software or service that acts autonomously or semi-autonomously on behalf of any individual or entity, or under their instruction, and operates on the user’s device without direct continuous human oversight.

14.2 No Agent may access, use or interact with the Services unless it consistently identifies itself and complies strictly with the requirements outlined in Section 14.4 below. Furthermore, we may bar any Agent from accessing, using or interacting with the Services at our sole discretion.

14.3 We may implement technical countermeasures to limit or block Agent access to the Services.

14.4 All Agents must:

(1) Disclose their identity in all HTTP/HTTPS requests by including the label “Agent/[Agent Name]” within the request’s user-agent string to signal that traffic originates from an automated Agent;

(2) Not conceal or obscure the fact that access originates from an Agent, including through mimicking human browsing patterns or solving CAPTCHAs and human verification challenges;

(3) Respond truthfully to any prompts or verification questions designed to distinguish automated traffic from human users;

(4) Not evade or bypass any controls implemented to restrict, limit or regulate Agent access to the Services.

Section 15 – Termination

We may terminate this Agreement or your access to the Services (or any portion thereof) at any time at our sole discretion without prior notice, though you shall remain liable for all outstanding charges accrued up to and including the date of termination.

Upon termination of these Terms, the following Sections shall remain in full force and effect: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other clauses intended to survive agreement termination by their nature.

Section 16 – Disclaimers

All information provided via the Services is for general reference purposes only. We make no guarantees regarding the accuracy, completeness or usefulness of such information. You rely on all platform content entirely at your own risk, and we shall not be held liable for any losses or obligations arising from reliance on materials published through the Services by you or any other visitor.

Unless explicitly stated otherwise by NixHerb, the Services and all products made available via the platform are supplied to you on an “as-is” and “as-available” basis without representations, warranties or conditions of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant, promise or guarantee uninterrupted, timely, secure or error-free access to the Services at all times. Certain jurisdictions prohibit or restrict the exclusion of implied warranties, so the above disclaimers may not apply to you in full.

Section 17 – Limitation of Liability

To the fullest extent permitted by applicable law, NixHerb, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, together with Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, data loss, replacement costs or comparable economic harm, regardless of legal theory (contract, tort including negligence, strict liability or otherwise), arising out of your use of the Services or any products obtained through the Services, or any other claim connected to your platform usage or purchased goods. This limitation applies even if we have been advised of the potential for such damages, including losses stemming from errors or omissions in platform content, or damage incurred through materials published, transmitted or otherwise made available via the Services or products.

Section 18 – Indemnification

You agree to indemnify, defend and hold harmless NixHerb, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against all losses, damages, liabilities, claims and expenses (including reasonable attorney fees) incurred by third parties arising from:

Your breach of these Terms of Service or any documents incorporated by reference herein;
Your violation of applicable law or any third-party proprietary rights;
Your access to and use of the Services.

We will notify you promptly of any indemnifiable claim, though delayed notification shall not release you from your indemnification obligations unless you suffer material prejudice as a direct result. We reserve the right to control the defense and settlement of all such claims at your expense, including the selection of legal counsel; we will not settle any claim imposing non-monetary obligations on you without your consent, which you may not unreasonably withhold. You shall fully cooperate with the defense of all indemnified claims, including provision of relevant supporting documentation.

Section 19 – Severability

If any provision contained within these Terms of Service is ruled unlawful, invalid or unenforceable, that provision shall be enforced to the maximum permissible extent allowed by applicable law, and the unenforceable portion shall be deemed severed from this Agreement. Such ruling shall not affect the validity or enforceability of all remaining clauses.

Section 20 – Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision set out in these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, alongside all policies and operational rules published on our website relating to the Services, constitute the entire binding agreement and understanding between you and us governing your use of the platform, superseding all prior or contemporaneous oral and written agreements, communications and offers between you and us (including all earlier versions of these Terms of Service). Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

Section 21 – 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; any purported attempt to do so shall be void and unenforceable. We reserve the right to transfer, assign or delegate these Terms and all our corresponding rights and obligations without requiring your consent or advance notification.

Section 22 – Governing Law

These Terms of Service, and all separate agreements under which we provide Services to you, shall be governed by and construed in accordance with the federal and state/regional laws of the jurisdiction where NixHerb’s principal place of business is located. You and NixHerb irrevocably consent to the exclusive personal jurisdiction of the courts within such jurisdiction.

Section 23 – Headings

All section headings used within this Agreement are included for organizational convenience only and shall not limit or alter the substance of these Terms in any manner.

Section 24 – Modifications to Terms of Service

The most current version of these Terms of Service shall be accessible on this page at all times.

We reserve the right to update, amend or replace any portion of these Terms of Service at our sole discretion by posting revised content to our website. It is your responsibility to regularly review our website to monitor changes. We will notify you of any material revisions to these Terms as required by applicable legislation, and all amendments shall take effect on the date specified within the formal notification. Your continued access to or use of the Services following the publication of revised Terms constitutes your acceptance of all such changes.