These Terms apply to
The use of this Application, as well as any other agreements or relationships with the Owner that are enforceable under law. Capitalized terms have definitions in the document’s corresponding section.
This article has to be carefully reviewed by the User.
This App is made available by:
Smoking-Hub.com
Email address of the Owner: contact@smoking-hub.com
What the User should be aware of right away
- Please be aware that some elements in these Terms could only apply to specific User groups. Particularly, certain sections could only apply to Consumers or users who don’t meet the criteria to be Consumers. Each impacted sentence contains a specific reference to any such restrictions. If there is no such mention, all Users are subject to the provisions.
- The age requirement for using this Application and its Service is that the User must be an adult as defined by relevant legislation to access and use it.
Terms of Use
Unless otherwise noted, the terms of use described in this section apply to all uses of this Application.
In some circumstances, one or more terms of use or access may be applicable, and these instances are also included in this article.
Users affirm that they comply with the following conditions by using this Application:
Users are not limited to being consumers or business users; they must be considered adults under relevant legislation; and, unless otherwise stated or immediately apparent, the Owner or its licensors are the exclusive owners of all material available on this Application.
Content on this Application
The Owner makes every effort to guarantee that none of the content made available via this Application violates any laws that may be in force or the rights of third parties. It might not always be feasible to get such an outcome, though.
Users are respectfully requested to submit such concerns using the contact information provided in this document, ideally, in such situations, without prejudice to any legal prerogatives of Users to assert their rights.
All content rights for this Application are retained.
All intellectual property rights for any such content are owned by and reserved by the Owner.
Therefore, users are not permitted to utilize such content that is not essential to or inherent in how the Service should be used.
Users are not permitted to sell, sublicense, edit, transfer/assign to third parties, copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, or create derivative works from any of the content made available on this Application through them or their devices, even if they are not aware of it.
The User may download, copy, and/or distribute certain content made accessible through this Application, as specified on this Application, for their purely personal and non-commercial use, as long as they appropriately implement the copyright attributions and any other attributions the Owner may have asked.
Any legislative restriction or exemption to copyright that may be in place shall be unaffected.
Availability of outside resources
Users may access external resources offered by third parties using this Application. Users agree and recognize that the Owner has no control over these resources and is not accountable for their availability or content.
The terms and conditions of any such third party or, in the absence of such relevant statute legislation, govern any resources offered by third parties, including any potential transfer of rights in the material.
Users of this Application may view particular adverts offered by third parties. The advertising shown through this Application is not within the Owner’s control or supervision. Users will interact with the relevant third party if they click these advertisements.
The Owner disclaims all liability for any issues arising from any dealings with third parties, including any issues arising from access to or using third-party websites or material.
Acceptable use
These Terms and all relevant laws and regulations must be followed when using this Application and the Service.
Users are responsible for ensuring that their use of this Application and/or the Service does not infringe on any third-party rights, laws, or regulations.
Thus, the Owner reserves the right to take whatever action is necessary to safeguard its legitimate interests, including by prohibiting Users from using this Application or the Service, terminating agreements, and informing the appropriate authorities of any wrongdoing committed through this Application or the Service, such as judicial or administrative authorities, whenever Users engage in or are suspected of engaging in any of the following actions:
Offend the Owner or any third party; break laws, rules, and/or these Terms; breach any third-party rights; seriously jeopardize the Owner’s legitimate interests.
Responsibility and defense
Restrictions on liability
Australian Users
Nothing in these Terms excludes, limits, or changes any promise, condition, warranty, right, or remedy that the User may have under the Competition and Consumer Act 2010 (Cth) or other comparable State and Territory laws, and that cannot be excluded, limited, or changed. To the fullest extent permitted by law, our liability to the User is strictly limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again. This includes liability for a breach of a non-excludable right and liability that is not otherwise excluded under these Terms of Use.
US Users
This Application is exclusively made available “as is” and “as available.” The Service is used at the User’s own risk. The Owner disclaims any and all representations and warranties, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, to the fullest extent permitted by applicable law. No recommendation or information—oral or written—acquired by the User from the business or through the Service shall establish any guarantee unless otherwise explicitly specified above.
Without limiting those mentioned above, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not guarantee that the content is accurate, reliable, or correct, that the Service will meet Users’ needs, that it will be accessible at any given time or location, without interruption or security, that any defects or errors will be fixed, or that it is free of viruses or other harmful components. Users are entirely liable for any damage to their computer system, mobile device, or data loss resulting from any material they download or otherwise receive through the Service. Users are also responsible for any other content they obtain via the Service.
The Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services, and the Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or Service.
The online browser, mobile device, and/or users’ operating system may stop working correctly, making the Service unavailable. The Owner is not responsible for any perceived or actual harm brought on by the Service’s operation or use.
Federal law, several states, and other jurisdictions prohibit the exclusion and restriction of some implied warranties. Users may not be covered by the exceptions above. Users have certain legal rights under this Agreement and depending on your state, you may also have other rights. Where prohibited by relevant legislation, the disclaimers and exclusions under this Agreement shall not apply.
Exclusions from liability
The Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees will never, to the fullest extent authorized by relevant law, be responsible for:
Damage, loss, or injury brought on by hacking, tampering, or other unauthorized access to or use of the Service or User account or the information therein; any errors, mistakes, or inaccuracies of data; or any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees are liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount greater than the amount paid by User to the Owner under this Agreement in the preceding 12 months or the duration of this Agreement between the Owner and User, whichever is shorter.
Whether the alleged obligation is based on a contract, tort, negligence, strict liability, or any other basis, this limitation of liability section shall apply to the maximum extent authorized by law in the appropriate country, even if the business has been informed of the potential of such damages.
The aforementioned limits or exclusions may not apply to the User because certain countries do not permit the exclusion or limitation of incidental or consequential damages. The terms grant the User a number of legal rights, and depending on the laws in each location, the User may also have other rights. To the extent prohibited by applicable legislation, the disclaimers, exclusions, and limitations of liability set out in the terms shall not apply.
Indemnification
The User agrees to hold the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs, or debt, and expenses, including but not limited to legal fees and charges, arising from the use of the Website.
User’s use of and access to the Service, including any data or content transmitted or received by User; User’s breach of any of the representations and warranties stated in these terms; User’s violation of any third-party rights, including but not limited to any privacy or intellectual property rights; User’s breach of any statutory law, rule, or regulation; and any submitted content.
Typical clauses
Not A Waiver
Any right or condition under these Terms that the Owner fails to enforce shall not be deemed to have been waived by the Owner. No waiver of a term or any other term shall be deemed to constitute a subsequent or continuing waiver.
Disruption of services
The Owner retains the right to pause the Service for maintenance, system updates, or other modifications to maintain the highest quality of Service while properly alerting the Users.
The Owner may also stop providing the Service, subject to applicable legal restrictions. The Owner will work with Users to allow them to remove Personal Data or information in line with relevant legislation if the Service is discontinued.
Additionally, there’s a chance that the Service won’t be accessible due to events like “force majeure” beyond the Owner’s reasonable control.
Reselling of services
Without the Owner’s express prior written consent, whether given directly or through an authorized reselling program, Users are not permitted to reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of this Application and its Service.
Policy on privacy
Users can consult this Application’s privacy policy to learn more about how their Personal Data is used.
Rights to intellectual property
Any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Application, are the sole property of the Owner or its licensors and are subject to the protection provided by applicable laws or international treaties concerning intellectual property, without limiting any other specific provision of these Terms.
The Owner or its licensors are the sole owners of all trademarks, whether nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos used in connection with this Application. They are also subject to any intellectual property rights protections that applicable laws or international agreements provide.
Modifications to these Terms
These Terms are subject to amendment or other modification at any time by the Owner. The Owner will adequately notify the User of these modifications in such circumstances.
Such developments will impact only the relationship’s future with the User.
The User will be deemed to have accepted the updated Terms if they continue to use the Service. Users shall discontinue using the Service if they do not want to be bound by the modifications. Either party may terminate the Agreement if the other does not agree to the updated Terms.
Before the User’s approval, the appropriate earlier version will control the relationship. The User may obtain any prior understanding from the Owner.
The Owner shall state the date the amended Terms will take effect if relevant legislation obligates.
Agreement to Assign
While considering the User’s legitimate interests, the Owner may transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms. The provisions relating to modifications to these Terms will consequently apply.
Without the Owner’s explicit consent, Users are not permitted to assign or otherwise transfer their rights or responsibilities under these Terms.
Contacts
Please use the contact details provided in this document for any correspondence regarding the usage of this Application.
Severability
The legality of the remaining sections, which shall continue in full force and effect, shall not be affected if any provision of these Terms is found to be or is determined to be illegal or unenforceable under applicable law.
US users
Any invalid or unenforceable provision must be read, construed, and modified to the degree reasonably necessary to make it valid, enforceable, and consistent with the intent expressed in such condition. Any other communications, including but not limited to all past agreements, between the parties with respect to the subject matter hereof are superseded by these Terms, which serve as the complete Agreement between Users and the Owner. The utmost degree permissible by law shall be followed in enforcing these terms.
EU users
If any portion of these Terms is void, invalid, or otherwise unenforceable, the parties will try to reach a mutually agreeable solution to replace the void, invalid, or otherwise unenforceable sections.
If this is not done, the applicable statutory provisions, if authorized or indicated by the applicable legislation, shall take the place of the void, invalid, or unenforceable provisions.
Without limiting the preceding, the invalidity, unenforceability, or nullity of any one provision of these Terms shall not render the entire Agreement invalid unless the provision in question is so crucial to the Agreement that the parties would not have agreed to it if they had known it would be invalid, or if the Application of the remaining provisions would put an unacceptably high burden on one of the parties.
Governing law
Without respect to considerations of conflict of laws, these Terms shall be governed by the laws of the jurisdiction in which the Owner is headquartered, as specified in the applicable part of this document.
Exception for consumers in Europe
Nevertheless, if the User is a European Consumer and has their primary home in a nation where the law imposes a greater degree of consumer protection, the higher standard shall apply despite the above.
The court’s location
The courts in the location where the Owner is headquartered, as indicated in the applicable part of this document, have sole authority to settle any dispute arising out of or related to these Terms.
Exception for consumers in Europe
Any Users who are European Consumers, as well as Consumers residing in Switzerland, Norway, or Iceland, are exempt from the aforementioned restrictions.