The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under
the South African and other copyright laws, and is the property of Electronic Cigarette Store. The collective work includes works that are licensed to the Electronic Cigarette Store. Copyright 2009 Electronic Cigarette Store ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy
portions of this site for the sole purpose of placing an order on the Electronic Cigarette Store or purchasing Electronic Cigarette Store 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 the
different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is
strictly prohibited, unless authorized by the Electronic Cigarette Store. You further
agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Electronic Cigarette Store used in the
site are trademarks or registered trademarks of the Electronic Cigarette Store. Warranty Disclaimer
This
site 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, Electronic Cigarette Store
disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Electronic Cigarette Store does not
represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or
that this site or the server that makes the site available are free of
viruses or other harmful components. Electronic Cigarette Store does not make any
warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some countries do not
permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability
Electronic Cigarette Store 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
site or the performance of the products, even if Electronic Cigarette Store 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.
Typographical Errors
In
the event that an Electronic Cigarette Store product is mistakenly listed at an
incorrect price, Electronic Cigarette Store reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Electronic Cigarette Store
reserves the right to refuse or cancel any such orders whether or not
the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order is
cancelled, Electronic Cigarette Store shall issue a credit to your credit card account
in the amount of the incorrect price.
Term Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Electronic Cigarette Store
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
Electronic Cigarette Store may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided
to Electronic Cigarette Store Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
South Africa 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 site
(including but not limited to the purchase of Electronic Cigarette Store products)
shall be in Kwa Zulu Natal, Richards Bay. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of Electronic Cigarette Store products) must be commenced within one (1)
year after the claim or cause of action arises. Electronic Cigarette Store 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. Electronic Cigarette Store may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Electronic Cigarette Store or other licensed
employee, host, or representative, as well as other members or visitors
on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
Electronic Cigarette Store does not and cannot review all communications and materials posted
to or created by users accessing the site, 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 site, Electronic Cigarette Store 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 site. However, Electronic Cigarette Store 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 Electronic Cigarette Store in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Electronic Cigarette Store, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors, Electronic Cigarette Store may
link to sites operated by third parties. However, even if the third
party is affiliated with Electronic Cigarette Store, Electronic Cigarette Store has no control over
these linked sites, all of which have separate privacy and data
collection practices, independent of Electronic Cigarette Store. These linked sites
are only for your convenience and therefore you access them at your own
risk. Nonetheless, Electronic Cigarette Store seeks to protect the integrity of its
web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).