Terms of Service

1. Introduction & acceptance

These Terms of Service ("Terms") govern your access to and use of the Herbal Habits website and services ("Herbal Habits", "the platform", "we", "us"), operated by Herbal Habits (Pty) Ltd (registration number 2026/302352/07). By creating an account, listing a store, or otherwise using the platform, you agree to be bound by these Terms. If you do not agree, you may not use the platform.

These Terms are a binding agreement concluded electronically in accordance with the Electronic Communications and Transactions Act, 2002 (ECTA).

2. Definitions

"Shopper" / "Member": a user who browses the directory or holds a membership.

"Store owner" / "Vendor": a business that lists a store on the platform.

"Listing": a store's profile, content, deals, and information on the platform.

"Content": any information, text, images, reviews, or material submitted to the platform.

"Membership": a paid or free subscription giving access to certain features.

3. Eligibility & age restriction

You must be 18 years or older to use Herbal Habits. By using the platform, you confirm that you are at least 18. We may require age verification and may suspend or terminate accounts where this requirement is not met. The platform and its content are intended for a general adult audience.

4. Nature of our service: directory only

Herbal Habits is an online directory and information platform that connects shoppers with independent stores that sell herbal and related products. We are a listing and discovery service only.

We do not manufacture, sell, supply, endorse, or take responsibility for any products listed, described, or sold by store owners. Any transaction for products takes place directly between the shopper and the store owner, in person or through the store's own channels. We are not a party to those transactions.

Listings, store descriptions, and deals are created by store owners. We do not verify, guarantee, or warrant the accuracy, quality, safety, legality, or availability of any product or claim made in a listing.

5. No health or medical claims

Herbal Habits does not provide medical, health, or professional advice. Nothing on the platform is intended to diagnose, treat, cure, or prevent any disease or health condition, and nothing on the platform should be interpreted as a health or medical claim.

Information on the platform is for general informational and directory purposes only. You should consult a qualified healthcare professional before using any product. You use any product you discover through the platform entirely at your own risk.

Store owners are solely responsible for ensuring that their listings comply with all applicable laws, including those governing product claims, labelling, and advertising. We prohibit health and medical claims in listings (see our Content Guidelines), but we do not and cannot guarantee that store-provided content is compliant.

6. Accounts & registration

To access certain features, you must create an account with accurate, current, and complete information. You are responsible for keeping your login details confidential and for all activity under your account. Notify us immediately of any unauthorised use. We may suspend or terminate accounts that breach these Terms.

7. Membership & subscriptions (Shoppers)

Certain features require a paid membership. By subscribing, you authorise us (through our payment provider) to charge the applicable fees on a recurring basis until cancelled.

• Fees, billing frequency, and what each tier includes are shown at the point of purchase.
• Memberships renew automatically unless cancelled before the renewal date.
• You may cancel at any time; cancellation takes effect at the end of your current billing period.
• Except where required by law, fees already paid are non-refundable. We may, at our sole discretion, issue a refund outside of this policy; doing so in one instance does not create an obligation to do so again.

8. Store listings & vendor terms (Store owners)

If you list a store, you additionally agree that:

• You are a legitimate business authorised to sell the products you offer, and you comply with all applicable laws and licensing requirements.
• All listing content you provide is accurate, lawful, and not misleading.
• You will not include prohibited content, including health or medical claims (see our Content Guidelines).
• Your listing is subject to review, approval, and moderation by us. We may edit, suspend, reject, or remove listings that breach these Terms or our Content Guidelines.
• Listing tiers, fees, and features are shown at the point of purchase. Vendor subscriptions follow the same billing, renewal, and cancellation terms as section 7.
• You are responsible for your own transactions, customer service, product fulfilment, and compliance with the Consumer Protection Act, 2008 where it applies to your sales.

9. Payments

Payments are processed by our third-party payment provider, Peach Payments. By making a payment, you agree to their processing of your payment information. We do not store your full card details. You warrant that you are authorised to use any payment method you provide. We utilise a payment system that is reasonably secure in line with accepted technological standards, as required by ECTA.

10. User content & reviews

The platform allows shoppers to submit reviews, ratings, and other content, and allows store owners to submit listing content. You retain ownership of content you submit, but you grant us a non-exclusive, royalty-free, worldwide licence to host, display, reproduce, and distribute that content on and in connection with the platform.

You are solely responsible for content you submit and warrant that it is accurate, lawful, your own or properly licensed, and does not infringe any third party's rights or breach any law.

Reviews must reflect a genuine experience. You may not post reviews that are false, misleading, defamatory, or manipulated, or reviews in exchange for payment or incentive. We may moderate, decline to publish, or remove content that breaches these Terms or our Content Guidelines.

11. Our role in user content (intermediary)

Content submitted by users does not reflect our views, and we do not endorse or verify it. We act only as a platform hosting user-submitted content.

You can report a review, listing, or store post directly on the platform using the "Report" option shown against that content, which sends it to our moderation team. For unlawful content, or where the in-platform option isn't available, you may instead follow the take-down notification procedure under Chapter XI of ECTA by contacting us at hello@herbalhabits.co.za with sufficient detail to identify the content and the basis of your complaint. We reserve the right, but are not obliged, to monitor or moderate content.

12. Acceptable use

You agree not to:

• Use the platform for any unlawful purpose or in breach of these Terms;
• Post prohibited, false, defamatory, infringing, or harmful content;
• Make health or medical claims about any product;
• Impersonate others or misrepresent your affiliation;
• Interfere with, disrupt, or attempt to gain unauthorised access to the platform or its systems;
• Scrape, harvest, or collect data from the platform without our written permission;
• Use the platform to distribute spam or unsolicited communications. Breach of this section may result in suspension or termination and, where appropriate, referral to the authorities.

13. Giveaways & promotions

Store owners may run giveaways or promotions through the platform. Unless we expressly state otherwise, giveaways and promotions are run by the relevant store owner, not by Herbal Habits, and the store owner is solely responsible for them, including eligibility, selection of winners, prize fulfilment, and compliance with applicable law (including the Consumer Protection Act, 2008 and its rules on promotional competitions). We are not responsible for any giveaway or promotion or its outcome.

14. Intellectual property

The platform, including its design, branding, logos, text, and software (excluding user content and store content), is owned by or licensed to Herbal Habits (Pty) Ltd and is protected by intellectual property law. You may not copy, modify, distribute, or create derivative works from the platform without our written permission. The "Herbal Habits" name and logo may not be used without our prior written consent.

15. Third-party links & services

The platform may contain links to third-party websites, stores, or services that we do not control. We are not responsible for the content, products, policies, or practices of any third party. Your dealings with third parties are solely between you and them.

16. Disclaimers

To the maximum extent permitted by law, the platform and all content are provided "as is" and "as available", without warranties of any kind, whether express or implied. We do not warrant that the platform will be uninterrupted, error-free, or secure, or that any product, listing, or information is accurate, complete, safe, or fit for any purpose. This clause does not exclude any rights you have under the Consumer Protection Act, 2008 that cannot lawfully be excluded.

17. Limitation of liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, or consequential loss or damage arising from your use of the platform;
• We are not liable for any loss or damage arising from any product, transaction, listing, review, giveaway, or dealing between you and a store owner or other user;
• Our total liability to you for any claim arising from these Terms or your use of the platform is limited to the amount you paid us (if any) in the 12 months preceding the claim. Nothing in these Terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by our gross negligence, or under the Consumer Protection Act, 2008 where it applies.

18. Indemnity

You agree to indemnify and hold harmless Herbal Habits (Pty) Ltd, its directors, and its personnel against any claims, losses, liabilities, and reasonable legal costs arising from your breach of these Terms, your content, your transactions, or your use of the platform.

19. Suspension & termination

We may suspend or terminate your access to the platform, or remove any content or listing, at any time where we reasonably believe you have breached these Terms, our Content Guidelines, or the law, or to protect the platform or other users. You may close your account at any time. Provisions that by their nature should survive termination (including sections 14, 16, 17, and 18) will survive.

20. General

• Governing law: These Terms are governed by the laws of the Republic of South Africa.
• Jurisdiction: You consent to the jurisdiction of the South African courts.
• Dispute resolution: Before litigation, the parties will attempt in good faith to resolve any dispute. [Consider whether to require mediation/arbitration, flagged for legal review.]
• Changes: We may amend these Terms from time to time. The updated version will be posted here with a revised "last updated" date, and continued use of the platform constitutes acceptance. Material changes will be communicated where reasonable.
• Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
• Whole agreement: These Terms, together with our Privacy Policy and Content Guidelines, constitute the entire agreement between you and us regarding the platform.
• Contact: hello@herbalhabits.co.za