SUN TO SEA: New Styles Available Online Now, Don't miss out

Company Information Black Montana PTY LTD trading as Lack Of Color ABN: 30 166 972 587 Lack of Color is able to provide fashion accessory design consulting services for businesses operating in the fashion industry. As an example, in the past we have custom designed specific hats for wholesale, to be sold in our customer’s stores under our brand. If you would like to know more about the design services we can provide or would like us to design a specific product for wholesale, please don’t hesitate to get in touch with our team.

1. The terms and conditions set out below are to be applied to the use of this website. By using this website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use this   website.

2. In these terms and conditions, the expressions “we”, “us” and “our” are a reference to ‘Lack of Color’.

1. By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

2. We will communicate acceptance of your offer after we receive confirmation of your payment being processed. We will send you an acknowledgement e-mail confirming acceptance of your order.

3. Please note, all purchases on sale items (items purchased with a promotional code of more than 15%) are eligible for exchange only. Exchanges will honour the value paid at checkout after discounts, excluding shipping fees. Customers are responsible for any additional costs required to exchange the item.

4. All items marked as final sale are not eligible for return or exchange, unless deemed faulty.

5. Returns Information: If for any reason, you are not happy with your order, Lack of Color is happy to offer a an exchange or refund to store credit or original payment method for items purchased at full price, providing that the product is in original condition with tags attached. We will happily discuss the details of your return with you further via email at returns@lackofcolor.com.au.

1. All prices stated on the website are in Australian Dollars (AUD).

2. If you are purchasing from overseas, we will bill any credit card in Australian dollars and your card company will convert the charges for you.

1. To make a purchase from our website, you must be 18 years of age or over, or have obtained the consent of your parent or guardian if you are under 18 years of age.

2. All purchases must be for personal use only. For wholesale enquiries please contact love@lackofcolor.com.au for further information.

3. Please note, all purchases on final sale items are final. We do not accept returns or exchanges of any kind, on final sale items unless deemed faulty.

4. Please note, a discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts. Only one discount or coupon code can be used per order. 

5. Any refunds that are granted will be issued for the full purchase price of the hat / product only, less shipping, as this cost has already been expended when shipping the original order out to you (unless deemed faulty). 

1. Pursuant to the Electronic Transactions (Queensland) Act 2001 (Qld), the parties consent to this Contract being provided to each other by electronic communication.

1. If shipping is within Australia, it will be via StarTrack. Please note, we have a processing time of 1-3 business days for all orders. If you have placed your order during a sale period, this timing may be exceeded. Please trust that we always do our best to get your orders out to you as soon as possible.

2. We cannot guarantee delivery times, however, you should receive your delivery within 1-4 working days. This timing may be exceeded during peak or sale times. Timing may also depend on your own arrangements for mail delivery times with StarTrack. We thank-you for your patience.

3. We ship worldwide and to all international destinations. International delivery times vary between 10 – 15 days depending on your location.

4. Orders to countries such as the United States, New Zealand and United Kingdom take approximately 10-15 business days. If you would like a shipping time estimate for your purchase, and you are outside of the regular destination countries, please contact us and we will give you a more precise shipping estimate for your destination country. Please note, delivery times do vary from country to country. 

5. International parcels are sent via the Australia Post EMS international service. You can track your parcel HERE.The EMS service usually crosses over to the local country's national postal system as soon as it enters the country. E.g. Parcels sent to the USA cross over to USPS when they enter the country. 

6. USA customers can track their items via the USPS website HERE.The tracking number remains the same. Please note, all items sent to the USA need to be signed for when being delivered. 

7. International orders have varied rates of shipping depending on your country/region, please see at checkout for an estimate (click ‘Calculate Shipping’ option). If you have not received your ordered items within this timeframe, please email us (love@lackofcolor.com.au) your full name and order number and we will investigate on your behalf. Lack of Color is not responsible for any delays caused by customs. Sometimes the shipping time exceeds the estimate due to factors outside of our control.

8. If you would like more information on the carrier of your parcel once it has reached the destination country, please email customer care (love@lackofcolor.com.au). We are more than happy to help!

9. You agree that you are responsible for any duty, taxes, and custom requirements or other like taxes, fees, levies, costs or expenses associated with importing products you purchase from us and shipping them internationally.

1. We will use reasonable efforts to deliver your order as soon as commercially practicable. The delivery of your order to the carrier is deemed to be a delivery of the products to you.

1. The products covered by each contract (i.e. accepted order) are at your risk upon delivery of the order to the carrier.

1. Unless otherwise provided in a contract with you, ownership of the products you purchase covered by the contract shall vest in, or be transferred to you at the time your order and payment is submitted on our website and we communicate acceptance.

1. We accept Credit Card, PayPal, Afterpay & Klarna.

1. All prices on the website include GST. All Australian domestic customers and deliveries sent to Australian delivery addresses will be subject to Australian GST as that term is defined under the GST Act.

2. The current rate of Australian GST is 10%.

3. When the goods are exported (i.e. sent to a delivery address outside Australia) then the GST component of the price will be removed and the export price will be exclusive of GST.

1. Your interactions with us are subject to our Privacy Policy. Lack of Color is committed to protecting your personal privacy. By using our website, you are agreeing to accept the terms of our current Privacy Policy as described therein. If you do not agree with any part of this policy, you may not use our website. Please also note that we may use cookies in delivering the website to you. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computer and stored on your computer’s hard drive.

1. Anyone that makes a purchase or registers to be on our database will need to enter their personal information such as their name, email address and date of birth. This information will be stored and may be used by Lack of Color to send you information about relevant products, latest developments and forthcoming events.

2. This information will never be sold, rented or given to another party. Please refer to our privacy policy for more information.

1. We take reasonable precautions to keep your personal information secure. Access to your personal information is permitted among the directors, officers, consultants and other employees only on a need to know basis. If the personal information that we have about you is no longer needed for the purposes stated in our privacy policy, we will take reasonable steps to destroy or permanently remove your personal information.

1. Cookies are used to collect data relating to your general internet usage and customise your experience on our website. This data includes IP addresses, browser versions, number of visits and other data relating to your navigation of the internet and our site. Cookies do not collect sensitive information like financial information or passwords. We hold personal information in our own secure databases and to some extent for marketing purposes in the databases of third parties engaged by us (subject to obligations regarding privacy and confidentiality) to conduct electronic direct marketing subject to all legislative requirements. User ID tracking for AdWords is also setup which allows better understanding of repeat customers.

You can refuse to accept cookies by activating settings on your internet browser however this can affect your overall browsing experience.

1. This website and its content are provided ‘as is’ and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only.

2. We do not represent or warrant that the information and/or facilities contained in the website are: (a) accurate, complete or current, or (b) that the website will be uninterrupted or error free, or (c) that any defects in the website will be corrected or (d) that the website or the server that makes the website available are free of viruses or any other harmful components.

3. Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

4. We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.

5. This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from our website, you do so at your own risk.

6. You waive all rights to bring or assert any claim against us, our agents, employees, or any related party, and hereby permanently and irrevocably release us from any and all liability for or relating to the use of our website.

DEFINITIONS

In these terms and conditions, the following words have the following meanings:

"Club Member" means individuals who sign up to and are accepted to join the Sunseeker Club.

"Club Member Email" means emails sent from Lack of Color (or representative, or a third party contracted by Lack of Color to provide services or support for the Sunseeker Club) to a Club Member, including emails about the individual's membership, the Sunseeker Club, special offers, discounts, competitions and events.

"Club Member Profile" means the profile or account, including the personal details of the Club Member.

"Effective Date" means 1 April 2022.

"Eligible Purchases" means all purchases from the Website except gift cards, delivery costs, and selected merchandise that Lack of Color determines will not be eligible for earning Points or redeeming Rewards. Purchases of Lack of Color merchandise made at Lack of Color Stockists will not constitute Eligible Purchases. Any purchases returned for a refund will not constitute Eligible Purchases.

"Lack of Color" means Black Montana Pty Ltd ABN 30 166 972 587 trading as Lack of Color, its related entities and its authorised representatives.

"Loyalty Program Terms and Conditions" means these terms and conditions as amended from time to time.

"Points" means the points (as the context requires):

a) allocated by Lack of Color to a Club Member's Eligible Purchase or other purchasing behaviour, incentive or promotion; and

b) capable of being redeemed by the Club Member for discounts off Eligible Purchases or other Rewards.

”Points Balance” means the net cumulative number of Points a Club Member has earned or redeemed at any time (including after adjustments for all discounts, returns etc., have been applied) in the prior 12 months.

"Rewards" means rewards, discounts off Eligible Purchases or other benefits given to or redeemable by Club Members as a consequence of achieving a specific Points Balance or other purchasing behaviours, incentives or promotions.

"Stockists" means those retail stores that are not owned or operated by Lack of Color that stock Lack of Color merchandise for sale from time to time, including those listed on the Website.

"Sunseeker Club" means the rewards program operated by Lack of Color, providing Club Members with the opportunity to earn Points and access to Rewards in accordance with these Loyalty Program Terms and Conditions.

"Sunseeker Club Membership Login" means the membership login number allocated to the Club Member.

"Technical Issues" means the technical malfunction of any telephone network, connection or lines, online computer systems, servers, providers, computer equipment, software, technical problems or traffic congestion on the internet or at any website or intranet site.

"Tier" means one of the tiers of the Sunseeker Club membership based on a Points range that entitles a Club Member to specific benefits and Rewards. As of the Effective Date, the tiers of the Sunseeker Club are 'Sunrise', 'Sunshine', Summer Sun' and 'Golden Hour'.

"Website" refers to the Lack of Color website lackofcolor.com.au or lackofcolor.com, where the details of the Sunseeker Club (including the most up to date Terms and Conditions) are found and where Club Members can monitor their Club Member status and Tier and Club Member Profile.

Other capitalised terms have the meaning ascribed to them where they first appear in the clauses below.

GENERAL

1. Individuals who apply to and are accepted to join the Sunseeker Club agree to be bound by these Loyalty Program Terms and Conditions.

2. The Loyalty Program Terms and Conditions document the operation of the Sunseeker Club, the use of the Sunseeker Club Membership Login, and any promotional activity and Club Member transactions.

3. Lack of Color may collect personal information from Club Members to accept an application to sign up for and facilitate the Sunseeker Club. Personal information will be handled pursuant to Lack of Color's Privacy Policy (available from the relevant Website). The Club Member agrees to consent to the terms of the applicable Privacy Policy as part of its application.

4. Lack of Color will not accept any liability for or responsibility for:

a) any Club Member Email that is misdirected, lost or not received.

b) any Technical Issues that may cause damage to any computer related to or used in connection with the Sunseeker Club or cause a Reward to be unable to be redeemed for whatever reason;

c) any tax liability incurred by a Club Member in connection with the Sunseeker Club or use of Rewards.

5. Lack of Color's decisions about all matters concerning the Sunseeker Club are final and binding.

6. Club Members acknowledge and accept that at any time and without notice:

a) the Sunseeker Club (or any feature of it) may be modified, suspended, cancelled or terminated by Lack of Color at any time, at its discretion;

b) the Loyalty Program Terms and Conditions may be modified at any time without prior notice and may be applied retrospectively;

c) at Lack of Color's election, it may payout any Rewards, reset Points Balances; or

d) modify, refuse or terminate a Club Member's account to the Sunseeker Club without notice or reason and at its absolute discretion.

Without limitation to the preceding rights, Lack of Color reserves the right to transfer Club Members to such other loyalty or rewards program owned, operated, managed or administered by Lack of Color, its 'related bodies corporates' or 'associated entities' (as defined in Corporations Act 2001 (Cth)).

7. These Loyalty Program Terms and Conditions must be read in conjunction with any additional conditions associated with Points, Rewards, or any Tier benefits notified from time to time, including without limitation with the Website Terms and Conditions and other relevant Lack of Color policies or terms and conditions.

8. Any failure or delay by Lack of Color in exercising its rights under these terms does not constitute a waiver of those rights. Any waiver by Lack of Color must be in writing and signed by an authorised officer of Lack of Color.

9. Lack of Color do not intend for these Loyalty Program Terms and Conditions to contravene any law. To the extent that any provision is invalid or unenforceable, it must be read down to be valid and enforceable. Otherwise, it must be severed to the extent of any invalidity or unenforceability without affecting the remaining provisions of these Loyalty Program Terms and Conditions.

MEMBERSHIP

10. Membership of the Sunseeker Club is voluntary and open to individuals who are 18 years or older with a unique email address.

11. An individual becomes a Club Member on the date they apply for a Sunseeker Club Membership Login, and their account is registered on the Website (the "Join Date").

12. An individual is deemed a Club Member when they submit an application to sign up online or use their Sunseeker Club Membership Login during a transaction, earn Points or convert Points for Rewards, or redeem Points or Rewards based on their applicable terms for redemption.

13. At any time, Club Members may only have one account to the Sunseeker Club and one corresponding Sunseeker Club Membership Login. Club Members may not transfer their account, Points or Rewards to another person.

14. Lack of Color may, at any time and at its absolute discretion, require a Club Member to provide to Lack of Color proof of identification (in a form requested by Lack of Color) for Lack of Color to verify the authenticity of a Club Member's membership and compliance with the Loyalty Program Terms and Conditions. Failure to provide proof of identification when requested may result in termination of a Club Member's involvement in the Sunseeker Club.

15. When applying to become a member of the Sunseeker Club and requesting a Sunseeker Club Membership Login, the individual will be required to provide certain information and follow the prompts listed in the application. Lack of Color (or its nominated third party) will record the individual's full name, email address, postcode, phone number, and birth date. Additional information may be requested and stored from time to time. Lack of Color may use a third party to host, store and manage the Sunseeker Club and its data.

16. A Club Member may update their Club Member Profile by visiting the Website and using their Sunseeker Club Membership Login. A Club Member is responsible for updating their Club Member Profile to include their current email, surname, phone and postal address. If a Club Member has not provided or updated Lack of Color with correct details, Lack of Color may not be able to contact the Club Member about their membership, which may result in lost Points or Rewards, or missing out on special offers or entry to competitions.

17. Lack of Color will allocate each Club Member to a Tier of membership in the Sunseeker Club from time to time. A Club Member may be moved, at any time, to a higher or lower Tier in the Sunseeker Club based on the Club Member's Points Balance.

18. A Club Member may end their membership at any time on the Website while logged in using their Sunseeker Club Membership Login or by contacting Lack of Color's Customer Service team by email.

19. By becoming a Club Member of the Sunseeker Club, an individual consents to Lack of Color (or a third party contracted by Lack of Color to provide services or support for the Sunseeker Club) contacting them to provide consumer or marketing information or to notify them of Rewards earned or expiring or other products and special offers.

SUNSEEKER CLUB MEMBERSHIP LOGIN

20. Once a Club Member has completed the application process, their Sunseeker Club Membership Login will be issued using the email notified during the prompts when signing up. Club Members cannot utilise the Sunseeker Club's benefits for purchases without completing and verifying their Sunseeker Club Membership Login.

21. The Club Member is responsible for maintaining the confidentiality of the Sunseeker Club Membership Login and any activities that occur under it. Lack of Color encourages each Club Member to use "strong" passwords. If a Club Member is ever concerned about their login details or thinks the details have been the subject of misuse, lost, stolen or otherwise compromised, the Club Member must immediately notify Lack of Color. Lack of Color does not accept any responsibility or liability for any loss of a Club Member's Sunseeker Club Membership Login or any unauthorised Rewards redemption.

22. To earn Lack of Color Rewards, the Club Member must use their Sunseeker Club Membership Login, including, but not limited to, requests for discounts, recording of purchases, redeeming Rewards or in response to any promotional activity specific to the Sunseeker Club.

23. Club Members can view their Rewards and balances by logging into their account online on the Website.

EARNING POINTS + POINTS BALANCE + SUNSEEKER CLUB TIERS

How Club Members Earn and Redeem Points

24. The Sunseeker Club operates by Club Members earning Points on Eligible Purchases when logged in to the Website using their Sunseeker Club Membership Login.

25. Club Members earn Points in the currency of the Eligible Purchase on the Website (being, unless otherwise stated, AUD for lackofcolor.com.au and USD for lackofcolor.com). Any references to any currency or amount in these Loyalty Program Terms and Conditions shall be read accordingly based on the relevant Website.

26. As of the Effective Date, 1 Point is earned for each $1.00 spent on an Eligible Purchase. Points cannot be earned, and Rewards cannot be redeemed using other Rewards as part of the transaction.

27. On the Join Date, Club Members will receive a one-time allocation of Points as notified by Lack of Color (the "Welcome Reward").

28. Only one Sunseeker Club Membership Login can be presented for each Eligible Purchase transaction.

29. Where an Eligible Purchase is made, the applicable number of Points allocated to that purchase will be issued based on the day the order is dispatched (not made) (the "Points Earned Date") and will be loaded onto the Club Member's Sunseeker Club Membership Login approximately 48 hours after the usual returns period for the Eligible Purchase has expired.

30. At its sole discretion, Lack of Color may update a Club Member account with Points or a Reward as a consequence of a purchasing behaviour, incentive or promotional activities.

31. Lack of Color reserves the right to withdraw, cancel, or vary the Points applicable to an Eligible Purchase or Reward without notice and at any time for any reason whatsoever in its absolute discretion, including if they are applied in error or obtained fraudulently. If a membership is terminated from the Sunseeker Club, all outstanding and future Points or Rewards will no longer be valid and will be rendered null and void.

32. Points and Rewards cannot be sold, transferred or assigned and are not redeemable for cash, cryptocurrency or any other currency like instruments, including (but not limited to) gift vouchers, gift cards, cheques and credit notes. Points or Rewards do not represent legal tender in any country.

33. When a Club Member returns a purchase for a refund, Lack of Color will deduct the net transaction amount from the Club Member's Points Balance if Points have been awarded. The Points or Reward (or both) previously awarded will be adjusted or reversed, which may result in the Club Member having a negative Points Balance.

34. If an online order is cancelled, Lack of Color may adjust or reverse the Points or Rewards (or both) previously awarded to a Club Member or redeemed by a Club Member in that transaction.

35. As noted in the definitions, redeeming Points for a specific discount on an Eligible Purchase is one example of a Reward. Club Members can redeem such Reward by selecting the number of Points they wish to apply to an Eligible Purchase. The checkout on the Website will show the conversion of Points to the discount. As of the Effective Date, 30 Points is equivalent to a discount of $1.00 off an Eligible Purchase. Lack of Color reserves the right to alter the conversion rate.

36. Club Members Points or Rewards can only be earned or redeemed once and only online at the checkout on the Website. Points and Rewards cannot be earned or redeemed by Club Members (as applicable) in Lack of Color Stockists' stores or other online stores. To redeem any Points or applicable Rewards when transacting online on the Website, a Club Member must ensure they are logged into their valid account.

37. Lack of Color will determine how Points will be earned or how a Reward will be applied across items purchased in a transaction. The Reward may not be split equally across all items. For example, when redeeming any applicable Reward, the Reward may be applied proportionally across each item purchased, based on the percentage each item represents of your total purchase.

38. Points cannot be earned, and Rewards cannot be redeemed in conjunction with any other offer unless otherwise indicated. Lack of Color reserves the right, in its absolute discretion, to exclude certain items and promotions from being able to earn Points or be redeemed by using Rewards.

39. Rewards can be redeemed as payment for purchases using a Buy Now Pay Later provider (like Afterpay or Klarna if offered) at the time of purchasing before the first payment takes place.

40. All Points and all Rewards have an expiry date, at which point they will no longer be available for redemption. Lack of Color reserves the right to change the expiry date of any Points or Reward at any time without notice.

Points Balance

41. A Club Member's Points Balance at any given time is shown:

a) in the account section in the dashboard, which a Club Member can access by logging in to the Club Member's Sunseeker Club account on the Website; or

b) if the Club Member is logged in, at the checkout section of the Website.

42. A Club Member's unused Points and Rewards will expire if they do not redeem them within 12 months of the Points Earned Date (being the date awarded by Lack of Color to the Club Member's account) (the "Sunset Date"). Any Points or Rewards not used by the Sunset Date will be removed/lost/cancelled.

43. Annually, on the anniversary of the Club Member's Join Date, the Club Member will be re-allocated to the relevant Tier based on their Points Balance.

Earning Points - All Tiers

44. If the Club Member has provided details of their birthday, they will be eligible to receive a birthday gift of Points (as notified by Lack of Color) added to their Points Balance annually on their birthday (the "Birthday Reward").

45. Points will be added to a Club Member's Points Balance for each Eligible Purchase. The number of Points to be earned for an Eligible Purchase is usually shown at the Website's point of sale/checkout. Unless otherwise stated, as at the Effective Date, when earning Points, every whole $1.00 is equivalent to 1 Point. Lack of Color reserves the right to change the conversion rate without prior notice.

46. Lack of Color may offer other limited-time opportunities to earn Points from time to time. These will be listed on the Website or notified by email to the Club Member. The limited-time opportunities are subject to the terms and conditions of that particular promotion as stated and these Loyalty Program Terms and Conditions.

Sunrise Tier

47. Club Members with a Points Balance of between 0 to 349 Points will be allocated to the Sunrise Tier.

Sunshine Tier

48. Club Members with a Points Balance of between 350 to 599 Points will be allocated to the Sunshine Tier and be given the following benefits:

  • "Early Access to Sale Benefit").
  • 49. When a Club Member first reaches 350 Points in their Points Balance, they will receive a discount (as notified by Lack of Color) off their next purchase, valid for 12 months from the date of issue (the "Sunshine Next Tier Reward").

    Summer Sun

    50. Club Members with a Points Balance of between 600 to 999 Points will be allocated to the Summer Sun Tier and be given the following benefits:

  • the Early Access to Sale Benefit;
  • offers for exclusive limited-time discounts or private sales for Club Members as offered by Lack of Color and notified from time to time (the "Exclusive Discount Benefit");
  • notification of and early access to any new collection before any other non-Sunseeker Club Member or Sunshine Tier Club Member) (the "Early Access to New Collection Benefit").
  • 51. When a Club Member first reaches 600 Points in their Points Balance, they will receive a discount (as notified by Lack of Color) off their next purchase, valid for 12 months from the date of issue (the "Summer Sun Next Tier Reward").

    Golden Hour

    52. Club Members with a Points Balance of greater than 1000 Points will be allocated to the Golden Hour Tier and be given the following benefits:

  • the Early Access to Sale Benefit;
  • the Exclusive Discount Benefit;
  • the Early Access to New Collection Benefit;
  • free shipping on all Eligible Purchases (the "Free Shipping Benefit").
  • 53. When a Club Member first reaches 1000 Points in their Points Balance, they will receive a discount (as notified by Lack of Color) off their next purchase valid for 12 months from the date of issue (the "Golden Hour Next Tier Reward").

    The Lack of Color mobile message service (the "Service") is operated by Lack of Color (“Lack of Color”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

    1. By consenting to Lack of Color’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Lack of Color through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

    2. You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Lack of Color. Your participation in this program is completely voluntary.

    3. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

    4. You may opt-out of the Service at any time. Reply via SMS using the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Lack of Color mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, reply HELP via SMS or email love@lackofcolor.com.au.

    5. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

    6. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

    7. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

    8. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

    1. Your use of our website is at your own risk.

    2. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. The limit of our liability will be the amount paid out by our insurers under any appropriate insurance policy we hold. In any event, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including but not limited to losses or damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages.

    1. You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

    2. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

    3. You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.

    4. You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.

    1. All intellectual property, including, copyright, trademarks and designs featured or displayed on the website are owned by us. Except as may be otherwise indicated in specific areas within the website, you are authorised to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.

    2. Lack of Color is a registered trademark owned by Black Montana Pty Ltd and must not be used or reproduced without our prior written consent.

    1. Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information, materials, content, audio and photographs obtained from this website.

    1. We reserve the right to amend or vary the Terms and Conditions or our Privacy Policy from time to time without giving any reasons. We encourage you to read this Terms and Conditions frequently to stay informed.

    1. These terms and conditions are governed by the laws in force in Queensland and the Commonwealth of Australia.

    1. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have any complaints or comments regarding Lack of Color or this website, please contactlove@lackofcolor.com.au.