Terms & Conditions
WEBSITE TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Additionally, If you do not agree with the following terms and conditions, you are prohibited from using the site and must discontinue immediately.
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity you and THE INDICA COMPANY (“Company”, “we”, “THE INDICA COMPANY”, “our”, or “us”), concerning your access to and use of the www.TheIndicaCompany.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”).
Additional terms, conditions, or documentation maybe posted on the Website and are hereby expressly incorporated by reference. In our sole discretion THE INDICA COMPANY, can make changes or modifications to these Terms and Conditions at any time and for any reason whatsoever. You waive any right to receive specific notice of each such change. You are responsible to review these Terms and Conditions and stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date of such revised Terms and Conditions are posted.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be in opposition to applicable law or regulation, or would subject THE INDICA COMPANY to any registration requirements within such jurisdiction or country. Individuals, Entities, or any other person who choose to access the Website from other locations do on their own initiative and are solely responsible for compliance with applicable local laws, if and to the extent local laws are applicable.
The Website is intended for users who are at least 21 years old or of legal age in your jurisdiction. Person under the age of 18 are not permitted to use or register for the Website or place orders on the Website whatsoever. Person under the age of 18 must be legal in their jurisdiction to view these materials or be valid medical marijuana patients.
This Website contains, pictures, and information about Smoking-Related products, and other adult material not to be used, consumed, or viewed by anyone under the age of 21 unless with valid medical marijuana permission or legal in their jurisdiction. Additionally, you agree to use the products offered herein for its legal and intended use only!
We reserve the right to refuse service or Website access to anyone for any reason at any time.
We only accept international orders to the select countries, subject to change based on international customs laws.
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, use of the Website, or access to the Website or any contact on 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 and Conditions.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version THE INDICA COMPANY’S Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and 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 following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
INTELLECTUAL PROPERTY RIGHTS
Content on this Website unless otherwise indicated, including but not limited to text, databases, website designs, audio, video, photographs, graphics, code and functionality (Collectively referred to as “Content”) and the trademarks, service marks, and logos (Collectively referred to as “Marks”) is copyrighted as collective work under the United States and other copyright laws, and is the property of THE INDICA COMPANY. The collective work includes works that are licensed to THE INDICA COMPANY ALL RIGHTS RESERVED. The Content and Marks are provided on the Website “As Is” for your information and personal use only. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with THE INDICA COMPANY or purchasing THE INDICA COMPANY products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from different areas of the site solely for your own non-commercial use, or to place an order with THE INDICA COMPANY or to purchase THE INDICA COMPANY products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by THE INDICA COMPANY.
Provided that you are eligible to use this Website, you are granted a limited license to access and use the Website to download or print a copy of the any portion of the Content to which have properly gained access exclusively for non-commercial and personal use.
ACCURACY OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website 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 Website is at your own risk.
You are responsible for making yourself informed regarding any product before purchasing from this Website.
This Website 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 Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
We are not responsible for the accuracy of information contained in user-generated content nor do the views, opinions, or statements made in such content necessarily reflect the views, opinions, or knowledge of THE INDICA COMPANY administrators, owners, or affiliates. User-generated content is considered content created by anyone who is not an administrator, owner, or affiliate of THEINDICACOMPANY.COM and can include but is not limited to customer reviews or third-party links on or directed to this Website. We are not responsible for any claims made in user-generated content nor do we implicitly or explicitly agree with any such claims or opinions. We do not attest to the accuracy or validity of any statements made in user-generated content whether posted on this Website or linked to this Website.
This Website and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, THE INDICA COMPANY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose and non-infringement. THE INDICA COMPANY does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. THE INDICA COMPANY does not make any warranties or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
MANUFACTURER WARRANTIES: We are not responsible for any manufacturer claims, defects or damage caused by a manufacturer’s products. By purchasing from our website, you understand the nature of the products and the dangers that may occur if misused.
THE INDICA COMPANY does not warranty or accept returns for consumable or personal hygiene items that have been opened or used. Consumable items include but are not limited to glass pipes, grinders and personal hygiene items include items such as atomizers and mouthpieces. THE INDICA COMPANY does not manufacture any items sold on THEINDICACOMPANY.COM and offers no warranties or guarantees of any products. Any items that have been used or altered in any way may not be returned.
This Website and the materials and products on this Website are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, THE INDICA COMPANY disclaims all warranties, express or implied. THE INDICA COMPANY does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. THE INDICA COMPANY does not make any warranties or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
LIMITATION OF LIABILITY
THE INDICA COMPANY shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Website or the performance of the products, even if THE INDICA COMPANY has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you.
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, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall THE INDICA COMPANY, 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 service 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 shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless THE INDICA COMPANY 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 attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
THIS WEBSITE CONTAINS INFORMATION REGARDING CANNABIS, SMOKING AND VAPE PRODUCTS. YOU MUST BE OF LEGAL AGE (21 YEARS OF AGE) TO ENTER, VIEW OR USE THIS WEBSITE, OR BE LEGAL IN YOUR JURISDICTION, OR HAVE A VALID MEDICAL MARIJUANA RECOMMENDATION.
Falsification of your age for the purpose of purchasing products from this website is strictly illegal and is punishable to the fullest extent of the law. Purchasing any products from this website on the behalf of a minor is prohibited and is punishable by law. We reserve the right to ask for identification upon our discretion.
By using and purchasing from this Website, you are confirming that you are of LEGAL age to purchase products and you are not in violation of any applicable local government regulations concerning glass pipes or vapor products. We do not sell to anyone under the age of 21, unless with valid medical marijuana recommendations and legal age in your jurisdiction. Our products are meant as collectable glass art and can be used as functional art as well.
Providing false declarations of age under penalties of perjury is a CRIMINAL OFFENSE.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Website 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 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.
Certain content, products and services available via our Website may include materials from third-parties.
Third-party links on this Website 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.
In an attempt to provide increased value to our visitors, THE INDICA COMPANY, may link to sites operated by third parties, including those used for credit card processing and age verification. However, even if the third party is affiliated with THE INDICA COMPANY, THE INDICA COMPANY has no control over these linked sites, all of which have separate privacy and data collection practices, independent of THE INDICA COMPANY. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, THE INDICA COMPANY seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work).
THE INDICA COMPANY does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, THE INDICA COMPANY is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, THE INDICA COMPANY reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to THE INDICA COMPANY in its sole discretion.
CHANGES IN SERVICE AND / OR PRICING
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue any products from the site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of providing products to THE INDICA COMPANY.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website 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 the 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 the site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website or related Website has been modified or updated.
THE INDICA COMPANY does ship to international customers in select foreign countries via direct international shipping carrier and also ships to shipping warehouses and freight forwarders. THE INDICA COMPANY and its parent company are not responsible for customs, duties, shipping errors, damage, or lost packages caused by shipping warehouses/freight forwarders. THE INDICA COMPANY its affiliates and its parent company will make every effort to accommodate special shipping instructions when shipping directly to an international customer but accept no liability or responsibility for customs clearance issues or delays or seizure/confiscation of international shipments. International customers are responsible for following the customs rules and regulations of the destination country and must notify THE INDICA COMPANY customer service of any relevant international shipping requirements for the destination country. All customs duties and taxes for direct-ship international orders will be billed to the purchaser separately by the shipping carrier. All sales are FINAL for international orders.
CHOICE OF LAW
Your use of this Website shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website) shall be in the state or federal courts located in Illinois. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of THE INDICA COMPANY Products) must be commenced within one (1) year after the claim or cause of action arises. THE INDICA COMPANY’S failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. THE INDICA COMPANY may assign its rights and duties under this Agreement to any party at any time without notice to you.
In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and 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 and Condition, 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 Website (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site 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 and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and 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 the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES.
Visiting the Website, sending us emails, and completing online forms constitute electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting by any means other than electronic means.
THE INDICA COMPANY will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to the use of the Website. We perform regular routine backups of data, however, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that THE INDICA COMPANY shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising form any such loss or corruption of such data.