This website is operated by Hemp Black. Throughout the site, the terms "we", "us" and "our" refer to Hemp Black. Hemp Black offers this website, including all information and tools to you, the user, on the condition that you accept all terms, conditions, policies and notices stated here.
By engaging with our site (for example by purchasing from us, using any tools or leaving a comment) you agree to be bound by the terms and conditions set out below ("Terms & Conditions"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are vendors, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions carefully before using our website. By using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to the Terms & Conditions, then you may not engage with our website. If these Terms & Conditions are considered an offer, then acceptance is expressly limited to these Terms & Conditions.
Any new features or tools which are added to the current store will also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Section 1 - Online store terms
By agreeing to these Terms & Conditions, you represent that
- you are at least the age of majority in your state or territory of residence, or
- you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms & Conditions will result in an immediate termination of any transactions with you.
Section 2 - General conditions
We reserve the right to refuse service to anyone for any proper reason at any time.
You understand that your content (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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
Section 3 - Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the products and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the supply of any product without notice at any time.
We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products offered.
Section 5 - Products
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to –
- limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis;
- limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us; and
- discontinue any product at any time.
Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations.
Section 6 - Accuracy of billing and account information
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 7 - Returns policy
Please refer to our returns policy here.
Section 8 - Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever 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 and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Section 9 - Third-party links
Certain content and products available via our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 10 - User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), then you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are under no obligation –
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms & Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 11 - Personal information
Section 12 - Errors, inaccuracies and omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We have no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.
Section 13 - Prohibited uses
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, state or local government regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
Section 14 - Disclaimer of warranties: limitation of liability
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all products delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, except those that form part of the Consumer Guarantees under the Australian Consumer Law.
In no case will Hemp Black, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website or any products procured using the website, or for any other claim related in any way to your use of the website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
Section 15 - Indemnification
You agree to indemnify, defend and hold harmless Hemp Black and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 16 - Severability
If any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, then such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms & Conditions, such determination will not affect the validity and enforceability of any other remaining provisions.
Section 17 - Termination
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our website, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, then we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website (or any part thereof).
Section 18 - Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to the website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions will not be construed against the drafting party.
Section 19 - Governing law
These Terms & Conditions and any separate agreements whereby we provide you access to the website and our products will be governed by and construed in accordance with the laws of Australia.
Section 20 - Changes to the Terms & Conditions
You can review the most current version of the Terms & Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website and products following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
Section 21 – Contact information
Questions about the Terms & Conditions should be sent to us at [email protected]