1. Terms of access to the Website (Terms of Access)

This website (referred to in these Terms and Conditions as the Website) is owned and operated by Biochar Solutions Pty Ltd, who is referred to in these Terms and Conditions as “we”, “us”, “our” and similar grammatical forms.

The material on the Website is copyright © 2022 Biochar Solutions Pty Ltd or other copyright owners.

The Website is available for you to:

  1. Access and/or purchase any of our goods, conditional on your acceptance without alteration of the terms and conditions set herein. By continuing to access the Website and/or purchasing something from the Website, you are agreeing to these Terms of Access, including any additional terms and conditions and policies referred to within. These apply to all users of the Website, without limitation. 
  2. Upload material or information conditional on your acceptance without alteration of the Terms and Conditions set out herein. By continuing to provide and/or upload material or information about yourself, you are agreeing to the Terms and Conditions related to uploading material or information to our Website.
  3. When accessing the Website, you acknowledge that you are an adult, over the age of eighteen (18) years, or if applicable, you have given your consent to allow a dependent minor to use the Website. Our hemp oil is not for use by or sale to a person under the age of 18.
  4. When accessing the Website, you acknowledge that you will not use our Website or products for any illegal or unauthorized purpose that would result in a breach of any Australian State or Commonwealth laws, or international laws. We reserve our right to terminate your use of our Website, if your conduct on our Website breaches any laws. 

These Terms and Conditions should be read, prior to accessing or using our Website. If you do not agree with any of these Terms and Conditions, then you may not access or use this Website. If anything on this Website is considered an offer, then acceptance is expressly limited to these Terms and Conditions. 

Any breach of these Terms and Conditions by you, will result in the immediate termination of your use of the Website.

We reserve the right to refuse you access to the Website at any time. 

The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of any clauses.

Our store is hosted by WordPress with Woo Commerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

  1. Use of material on the Website
    1. Generally
      1. Except for the limited use set out in clause 2.1(b), or if we provide express written consent, you may not use the Website, or the material contained on it, for any purpose. This involves:
        1. the reproduction, duplication, copying, sale or exploitation of the material or any part or portion of the material in any material form;
        2. the distribution of the material in any material form;
        3. re-transmission of the material by any medium of communication;
        4. uploading or reposting the material to any other site on the Internet; and
        5. “framing” the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms and Conditions.

  1. Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
  2. You may not modify or copy:
    1. the layout of the Website; or
    2. any computer software and code contained in the Website.
  3. We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:
    1. re-sold or re-distributed in any material form;
    2. stored in any storage media; or
    3. re-transmitted in any media,

without our prior written consent.

  1. Links to other websites
    1. This Website contains links to sites on the Internet owned and operated by third parties or content from third parties and which are not under our control.
    2. In relation to the other sites on the Internet, which are linked to the Website, we:
      1. provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; 
      2. are not responsible for the material contained on those linked sites;
      3. have no responsibility or liability for the content and activities of these linked websites and are not responsible for examining the accuracy of these linked websites and make no warranty as to their content.
      4. shall incur no liability or damages arising from or relating to your use of those linked sites. 
    3. You use links contained on our Website entirely at your own risk. 
    4. We seek to protect the integrity of our Websites and welcome any comment about linked websites.
    5. It is your responsibility to review the policies of third party websites and make sure you understand them prior to accessing those websites.
  2. User comments on Website
    1. Any comment, feedback, idea or suggestion, whether provided on the Website, by email or post (called “Comments”) which you provide to us, whether with or without a request from us, becomes our property.  
    2. You acknowledge and agree that we may use your Comments, in their original or edited form, in promoting our website or in any other way, including copying, publishing, distributing or translating. We will not be liable for any similarities which may appear from such use.  
    3. You agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
    4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright. You also acknowledge that your Comments will not contain any virus or malware that could in any way affect the operation of the Website. 
    5. We reserve the right to remove or edit any Comment that you make, or that any third party makes, without providing a reason.
  3. Disclaimer 1
    1. We are making the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional or medical advice and gives no warranty, guarantee or representation about the accuracy, completeness, currency, reliability or timeliness or otherwise, of the information or material contained on the Website, or linked sites on the Internet, nor for the results you derive from your use of the goods.
    2. Our products should only be used in accordance with the directions provided for on the label. It should not be used for any other reason.
    3. To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:
      1. the accuracy, completeness, currency, reliability, timeliness or otherwise of any information or material contained or referred to on the Website or of any linked sites; 
      2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites; and
      3. your expectations for the goods.
    4. Whilst we take all due care in providing our services, we do not provide any representation, condition or warranty, of any kind, including either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose. 
    5. We will not be liable under any circumstances for any loss of profits, any damages, any fines, any prosecutions or any loss of freedoms or liberties (including but not limited to loss of driver’s license for example) of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
      1. acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
      2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.
    6. The Website and its material contain general information only and should not be relied upon for making decisions as a substitute for professional or medical advice. Any reliance on the Website or material is at your own risk.
    7. You expressly agree and acknowledge that your use or misuse of the goods for sale on our Website is at your own risk.
  4. Disclaimer 2
    1. We do not warrant, guarantee or make any representation that:
      1. the Website, or the server that makes the site available on the Internet are free of software viruses;
      2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
      3. errors and defects in the Website will be corrected.
    2. We are not liable to you for:
      1. errors or omissions in the Website, or linked sites on the Internet;
      2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
      3. defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

  1. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
  2. We reserve the right to correct any errors, omissions or defects in the Website, without notifying you, however, we have no obligation to do this, except as required by law. 

The statements and content contained in these Terms and Conditions have not been reviewed or evaluated by the Australian Government Department of Health, Therapeutic Goods Administration (TGA).

  1. Limitation of liability

Clause 2.4 (Disclaimer 1) or clause 2.5 (Disclaimer 2) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

  1. if the breach of an implied warranty or condition relates to services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again; and
  2. if the breach of an implied warranty or condition relates to goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of such goods; or
    3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
  1. Use of personal information gathered
    1. We and any people or legal entities authorised by us may gather and process the personal information:
      1. which you may provide when accessing the Website, such as your name, address, e-mail address, credit card information and other personal information about you; 
      2. this may be transferred over other networks, unencrypted, however, if your credit card information is transferred over other networks, it will be encrypted. 
      3. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
    2. We may authorise others to offer you goods and services using the information acquired, as described in clause 2.7(a).
    3. We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy in clause 5 for details of how we collect, store and use your personal information.
  2. Termination of access

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

  1. Alteration of Terms of Access

We reserve the right to amend, delete or replace any part of these Terms and Conditions:

  1. with or without further notice to you; and
  2. without giving you any explanation or justification for such change.

However, we have no obligation to update any material on our Website. 

Any new features that are added to this Website are subject to these Terms and Conditions. 

You should check this page frequently for changes and can view our Terms and Conditions on this page at any time. 

Your access to this Website following any changes to the Terms and Conditions in accordance with this clause, constitutes your acceptance of those changes. 

  1. Intellectual property rights

All logos, icons, brand names or service names identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners and may not be affiliated with, or endorse our products/goods. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

  1. Relevant jurisdiction
    1. If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
    2. These Terms of Access will be governed by and interpreted in accordance with the law of NSW of Australia, without giving effect to any principles of conflicts of laws.
    3. You agree to the jurisdiction of the courts of NSW of Australia to determine any dispute arising out of these Terms of Access.
  2. Entire Agreement
    1. These Terms and Conditions and any other policies and information contained on our Website, constitutes the entire agreement between you and us in relation to the subject matter it deals with.
    2. No party can rely on an earlier written document or anything said or done by or on behalf of another party.
  3. Waiver or variation
    1. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
    2. The exercise of a power or right does not preclude:
      1. Its future exercise; or
      2. The exercise of any other power or right.
    3. The variation or waiver of a provision of this Deed or a party’s consent to a departure from a provision by another party will be ineffective unless in writing executed by the parties.
  1. Terms of use relating you uploading material or information to our Website
    1. Uploading information

You represent and warrant in relation to any material or information you provide to the Website that:

  1. you are authorised to provide the material or information;
  2. the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
  3. the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
  4. the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
  5. the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Website.
  1. Licence to use intellectual property

By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trade marks and service marks (Intellectual Property) on to the Website, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:

  1. reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and
  2. allow us to sub-licence others the same rights granted to us in clause 2.2(a) above.
  1. Removal of information

In relation to any material or information included on the Website, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.

  1. Limit of liability

We and our respective directors, officers, employees, agents, affiliates, contractors, interns, suppliers, service providers and licensors have no liability for any injury, claim, costs, losses or damages of any kind, whether direct, indirect, incidental, punitive, special or consequential which you may incur, arising from:

  1. in relation to or in connection with any material or information supplied in respect of advertising on this Website; 
  2. as a consequence of removing any material or information from this Website; or
  3. your use of our goods for sale on the Website

Except as limited to the maximum extent permitted by law.

  1. Indemnity

You will at all times indemnify and keep indemnified us and our directors, officers, employees, agents, affiliates, contractors, interns, suppliers, service providers and licensors (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person, party, government department or authority against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

  1. any breach of these Terms of Use by you; and
  2. publication of or distribution of the material or information supplied by you.
  1. Use of personal information gathered
    1. We and any people or legal entities authorised by us may gather and process the personal information:
      1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
      2. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
    2. We may authorise others to offer you goods and services using the information acquired, as described in clause 3.6(a).
    3. We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy in clause 5 for details of how we collect, store and use your personal information.
    1. Sale of goods on the Website
      1. Sale of goods
        1. Goods on our website may be available in limited quantities and we make no warranty as to the availability of goods.
        2. We reserve the right to limit the quantities of the goods that we offer for sale. 
        3. We have undertaken all steps reasonably necessary to make the goods that are available for sale on our Website, appear as accurately as possible. We do not guarantee that the colour and size of the goods that you see on our Website will be exactly the same as the real colour and size of the goods, as your computer or mobile device may change the goods appearance. 
        4. All descriptions and prices of goods are subject to change at any time, without notice. 
        5. The information contained on the Website in relation to the goods may contain errors and we reserve the right to amend these errors at any time and without prior notice to you. An update date or similar on our Website should not be read to indicate that all information on our Website is accurate or updated. 
        6. We reserve the right to limit, cancel or refuse sale of our goods to any person, order, household or geographic location, without providing a reason, and to discontinue the sale of any of our goods at any time, without providing a reason. 
        7. We may determine restrictions on orders based on customer account numbers, credit card details, billing address or shipping address.
          1. In such an event, we will do all things reasonably necessary to notify you via the personal details you have provided, including your phone number, email address, billing address or mailing address. 
        8. We reserve the right to cancel or limit orders which we believe appear to have been made for a commercial purpose. 
  • Personal information
        1. You acknowledge that you must provide accurate account information including but not limited to, your name, phone number, email address, credit card details, billing address and mailing address, to the best of your knowledge.
        2. You agree to update your personal information, as soon as becoming aware that it has changed.
  • Returns, refunds and exchanges
      1. You may return a good that you purchase on our website if it is in its original, unused condition, unless one of the following exceptions apply:
        1. There is a manufacturers defect. In this circumstance, you may return the good that you purchase, after it has been used and you discover the manufacturers defect. 
      2. You must return a good within 30 days of purchasing. 
      3. To return, refund or exchange your goods you must do the following:
        1. Email returns@biocharsolutions.com.au 
        2. We will respond as soon as reasonably practicable, confirming your return, refund or exchange; and
        3. We will confirm with you by email and return postal address.
  1. Privacy Policy
    1. Biochar Solutions Pty Ltd is operated by WordPress with Woo Commerce, who is referred to in this Privacy Policy as “we”, “us”, “our” and similar grammatical forms.
    2. By using our Website and creating an account with us, you are accepting the terms of this Privacy Policy, and you are consenting to our collection, use, disclosure, retention and protection of your personal information as described in this Privacy Policy.
    3. We appreciate that your privacy is important to you, WordPress with Woo Commerce. Will continue to protect the personal information you provide us and we will manage your personal information in compliance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs).
    4. We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment.
  1. When do we collect information?
    1. We do not automatically collect personal information from you, such as your name, address, phone number, email address or other personally identifiable information about you (personal information). We collect three categories of information when you use our Website:
      1. the personal information you voluntarily provide — that is, we collect personal information with your informed consent;
      2. anonymous non-personal information about how you use our Website; and
      3. “cookie” based information that makes your use of our Website easier by recording your preferences so that when you return to our Website the “cookie” re-loads that information into your web browser.
    2. For example, we will collect personal information from you when you register on our Websites, place an order, subscribe to our newsletter, respond to a promotional offer, competition or survey or fill out a form related to any customer service feature operating on our Websites. 
    3. When you become a subscriber to us and WordPress with Woo Commerce. you will need to provide certain details so that we can establish and manage your customer account.
    4. When you log-into our Website using your Google or Facebook log-in (or use any other log-in connected to any other social media platform) you are allowing that social media platform to share your personal information with us (that is, your personal information related to your log-in with that social media platform, which may include your email address and other personal information).
  2. Why do we need to collect personal information?

We collect personal information when you volunteer that information in order to receive a service or good from our Website. The personal information collected on our Websites will be used to provide the services you have requested, such as setting up and managing your subscription to us or WordPress with Woo Commerce. or processing any purchases you may make at Biochar Solutions Pty Ltd. Your personal information may be used in relation to any survey, promotional offer or any competition you may enter on our Websites.

  1. What information do we collect?
    1. The type of information we collect from you will depend on what services on our Website that you use. The personal information we may collect includes your name, postal address, email address, telephone numbers and contact details and information for identification purposes. If you make online purchases from Biochar Solutions Pty Ltd or pay your subscription to us or WordPress with Woo Commerce. by credit card or debit card or direct debit from your bank account we will collect your card or bank account details.
    2. General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from Biochar Solutions Pty Ltd. The anonymous non-personal information that when collect and analyse in not personal information as described in the Privacy Act.
  2. Why do we use “cookies” and other web use tracking technologies?
    1. When you access our Website, a small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.
    2. We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.
    3. We collect information using “cookies” and other tracking technologies for the following reasons:
      1. to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;
      2. to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;
      3. to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and
      4. when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.
    4. Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.
    5. If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly. 
  3. How do we store your information?
    1. We use different technologies and procedures to help protect personal information from unauthorized access, loss, alternation, disclosure or use. Some of the safeguards we use are physical access controls, information firewalls and access authorisation controls to where your personal information is held in data centres. We also use data encryption when personal information is transferred to and from our service providers. Our commitment to data security means:
      1. we have procedures to limit access to personal information within our organisation; 
      2. we use security measures and technologies within our organisation to protect your personal information; and 
      3. we use service providers that can establish that they have secure controls relating to software security, access security and network security, including where credit card information is being transferred.
  4. What use do we make of your personal information?
    1. We will communicate with you in relation to any purchases you make from Biochar Solutions Pty Ltd in relation to the management of your subscription account with us or WordPress with Woo Commerce. which will include providing you with information about us or WordPress with Woo Commerce.
    2. We may send you information and updates about any other product, service or information that we provide to our customers; in addition we may send you occasional company news and information about other products and services or special promotional offers of our affiliated companies. If at any time you would like to stop receiving future commercial messages from us, we include detailed unsubscribe instructions at the bottom of each email.
    3. We may also release your personal information when we believe release is appropriate to comply with the law, enforce our subscription agreements, website policies and terms & conditions, or protect ours or others rights, property, or safety.
  5. How can I access the personal information that you collect?
    1. If you believe that your personal information has been misused, you can inform us of your complaint by writing to our email address and we will attempt to resolve the matter.

Biochar Solutions Pty Ltd

email: info@biocharsolutions.com.au  

  1. If you are not satisfied with the outcome of your complaint you may refer the matter to the Office of the Australian Information Commissioner (OAIC). Telephone: 1300 363 992.

enquiries@oaic.gov.au 

OAIC complaints page: http://www.oaic.gov.au/privacy/privacy-complaints 

  1. Third party links
    1. Our Websites may include links to websites operated by third parties or content from third parties. We have no responsibility or liability for the content and activities of these linked websites and are not responsible for examining the accuracy of these linked websites and make no warranty as to their content. Nonetheless, we seek to protect the integrity of our Websites and welcome any comment about linked websites.
    2. We are not liable for any damages relating to your use of third party websites.
    3. It is your responsibility to review the policies of third party websites and make sure you understand them prior to accessing those websites.
  2. Your consent

By using our Website, you consent to this Privacy Policy. 

  1. Changes to our Privacy Policy
    1. If we decide to change this Privacy Policy, we will post those changes on this page, and update the Privacy Policy modification date below. 
    2. You should check this page frequently for changes and can review our Privacy Policy on this page at any time.
    3. Your access to this Website following any changes to our Privacy Policy in accordance with this clause, constitutes your acceptance of those changes. 
    4. This Privacy Policy was last modified in November 2020.