FREE SHIPPING TO AUSTRALIA
FREE SHIPPING TO AUSTRALIA

TERMS OF SERVICE | Premium Jane USA

Effective date: 25.10.2023

This website is operated by  PJ Marketing LLC USA (“Premium Jane”). Throughout the site, the terms “we”, “us” and “our” refer to Premium Jane. Premium Jane offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, or subscribing to regular purchases of our products, you engage in our “Service” and you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/ or contributors of content.

YOU MAY CHOOSE TO SUBSCRIBE TO OUR SERVICES AS DESCRIBED ON OUR WEBSITE FOR THE TERM YOU MAY CHOOSE DURING SUBSCRIPTION. IN SUCH CASE THESE TERMS WILL BE AUTOMATICALLY RENEWED FOR THE TERM DESCRIBED DURING SUBSCRIPTION AND YOU WILL BE CHARGED THEN CURRENT FEE FOR THE SUBSCRIBED PRODUCTS UNLESS YOU CANCEL AUTOMATIC RENEWAL.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

TERMS OF USE

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province 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 Service, violate any laws in your jurisdiction (including but not limited to copyright laws). All products available on this site are manufactured and sold in compliance with U.S. law. It is the sole responsibility of the customer to ensure that the products comply with local regulations in their jurisdiction. By purchasing from this site, customers acknowledge that they do so at their own risk.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your access to and use of the Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any 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 Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do not warrant or guarantee the accuracy, completeness or currency of the information made available on this site. 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 SERVICE AND PRICES

All amounts paid under these Terms for the products shall be quoted in Australian dollars but paid in U.S Dollars according to the exchange rate on the date of calculation. All amounts denominated in other currencies shall be converted into the U.S. dollar equivalent amount in accordance with the Exchange Rate on the date of calculation. Please note that your bank may charge additional fees that PremiumJane has no control over.

“Exchange Rate” means the value of a nation’s currency in terms of the AU dollar exchange rate in use by us on the day that payment for the product is taken. Prices for our products are subject to change without notice, unless you have subscribed to our products regular delivery pursuant to section 7 of these Terms and we will notify you about change.

We reserve the right to offer reduced prices or discounts to you at our discretion, including based on past purchases, purchased quantities or purchasing preferences. For the avoidance of doubts, we do not and will not discriminate against you on the basis of race, ability, sexual orientation, or gender expression when making exclusive offers or discounts to you.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time, unless you have subscribed to our services pursuant to section 7 of these Terms.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services 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 colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All sales on the premiumjane.com.au website are conducted on a Free On Board (FOB) basis. Once the products leave our U.S. facility and are handed over to the shipping carrier, responsibility and ownership transfer to the customer. Premium Jane is not liable for any customs issues, seizures, or legal actions arising from the importation of these products into your country. It is the customer’s responsibility to check local laws and regulations to determine whether they can purchase and receive these products in their region prior to making any purchase on the site.

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 email 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 – SUBSCRIPTION

By purchasing a bi-weekly, monthly, bi-monthly or other type of subscription to regular purchase and delivery of our products as may be displayed on our Website (“Subscription”), you hereby agree to be bound by the following Subscription terms. You must create or have an account in order to Subscribe. The Subscription commences from the day you submit your order to Subscribe and will automatically renew for successive Subscription periods at the original Subscription rate, unless we notify you about price or discount change prior to renewal. Premium Jane is not obliged to accept your Subscription order and may, at its discretion, decline to accept it. You may choose to have multiple Subscriptions based on the product you decide to regularly purchase, and in such case the products will be shipped separately as per your Subscription timeline.

If you do not pay us for the Subscription you made or if your automatic payment method fails we may suspend supply of the products until you have paid us the outstanding amount

Once you Subscribe we will ship you the products you selected. Please note that we cannot guarantee that  Subscription selection available in a particular timeframe will be available in any subsequent timeframe. We reserve the right to change the design of the existing products so their appearance may look differently than on the Subscription date.

SECTION 8 – CHARGEBACKS

You have the right to dispute a charge if they believe it is unauthorized or fraudulent. In the event of a chargeback, we will investigate the claim to determine its validity.

We will provide evidence of the transaction to the customer’s bank or credit card company.

If the chargeback is found to be legitimate, we will refund the customer’s payment. If the chargeback is found to be fraudulent, we will take appropriate legal action against the customer.

SECTION 9 – 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 shall 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).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 – THIRD-PARTY LINKS

Certain content, products and services available via our Service 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 11 – 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’), 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 send to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, contradict industry laws and regulations, have not been evaluated by the Food and Drug Administration and Federal Trade Commission, obscene or otherwise objectionable or violates any party’s intellectual property or other rights or these Terms of Service.

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 Service or any related website. You may not use a false email 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 12 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 – PROHIBITED USES

In addition to the other prohibitions set forth in the Terms of Service, 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, provincial or state 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 Service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE 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, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL PREMIUM JANE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, 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 SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE 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 SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, 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 SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CURRENCY DISCLAIMER. ALL FEES TO BE PAID UNDER THOSE TERMS FOR THE PRODUCTS IS TO BE PAID IN AUSTRALIAN DOLLARS. FOR FEES PAID IN OTHER CURRENCIES, THE CURRENCY EXCHANGE RATE TO BE APPLIED WILL BE BASED ON THE EXCHANGE RATE IN USE BY US ON THE DATE THAT PAYMENT FOR THE PRODUCT IS TAKEN.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Premium Jane, including our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, successors, and assigns, against any and all claims, demands, liabilities, damages, losses, expenses, or costs, including but not limited to reasonable attorneys’ fees, that may arise or result from any third-party claim or demand due to or arising out of your breach of these Terms of Service, any related agreements or documents referenced herein, or your violation of any applicable laws, regulations, or the rights of any third party. This indemnification obligation includes any claims arising from your misuse of our website, products, or services, as well as any content you post, transmit, or otherwise make available through our platform. You agree to fully cooperate as required by us in the defense of any claim and to not settle any matter without the prior written consent of Premium Jane.

SECTION 17 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – TERMINATION

The obligations and liabilities of you and us incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also 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 Services (or any part thereof).

You may cancel your Subscription through your Premium Jane account. If you cancel your Subscription prior to the payment date, you will not be further charged and will not receive the products and services you Subscribed to. Otherwise, if you will cancel your Subscription after the then-current payment date, you will still receive the products you were charged for, but no further packages will be sent to you.

SECTION 19 – WAIVER

No waiver by us of any term, condition or provision set out in these Terms of Service shall be deemed a further or continuing waiver of such term, condition or provision or a waiver of any other term, condition or provision, and our failure to exercise or enforce or delay in exercising and enforcing any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 20 – FRAUD PREVENTION

PremiumJane Hemp takes fraud very seriously and has implemented various measures to prevent and detect fraudulent activity.

We will investigate any suspicious activity on our platform, including but not limited to suspicious transactions, fake accounts, and unauthorized access.If fraud is detected, we will take immediate action to stop the activity and prevent any further damage.

We will cooperate with law enforcement and other authorities in any investigation or prosecution of fraudulent activity. We reserve the right to terminate accounts and take legal action against anyone engaged in fraudulent activity on our platform.

SECTION 21 – GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

SECTION 22 – DISPUTES RESOLUTION

At Premium Jane, we believe that receiving feedback is crucial for the ongoing enhancement and optimization of our systems and procedures. We value our customers’ opinions and welcome any complaints or suggestions they may have. We respect your right to express any concerns you may have regarding your interaction with us, and we will make sure to acknowledge them.

If you have a dispute with us, we encourage you to reach out to our service team to try and resolve the issue. If you are unable to reach a satisfactory resolution through customer service, you can submit a formal dispute in writing to our dispute resolution team.

Our dispute resolution team will investigate the issue and attempt to come to a fair and reasonable resolution. We may request additional information from you to help us understand the dispute and reach a decision. Once a decision has been made, we will notify you in writing of our decision and any actions we will take to resolve the dispute.

If you are not satisfied with our decision, you may have the right to pursue further action through legal means as determined in Section 23. We are committed to resolving disputes in a timely and fair manner and will do our best to reach a mutually agreeable solution.

SECTION 23 – ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

By proceeding with a purchase, customers acknowledge that they have read, understood, and agree to the terms and conditions, including the disclaimers and FOB terms outlined above.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us.

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