Terms & Conditions – shishaart.com
1. INTRODUCTION – WHO WE ARE AND HOW TO CONTACT US
1.1. Welcome to shishaart.com (“Website”).
1.2. This website is operated by PVG Trading L.L.C, a Dubai mainland company with trade licence number: 1024490 and registered office address at The Binary by Omniyat, Business Bay, Property No: 806, Plot No. 177, Dubai (hereinafter referred to as “Shisha Art”, “we”, “us”, “our”).
2. OUR TERMS AND CONDITIONS
2.1. These Terms and Conditions (“Terms”) govern your use of the Website. Please read them carefully.
2.2. They will also govern any purchase you make via the Website of the following Services:
2.2.1. Shisha Rental Service; and
2.2.2. Shisha Catering Service.
For the voidance of doubt, these Terms will not govern a purchase of the Shisha Outsourcing Service which is a B2B service subject to separate contractual terms.
2.3. By using and if applicable, purchasing from this Website, you agree to these Terms. If you do not wish to be bound by these Terms, you must not use the Website.
2.4. Users of shishaart.com must be 18 or over and the services offered are intended for existing smokers located in Dubai. We reserve the right to limit access to the Website where we have reasonable suspicion that a user is underage. Please note that you will be required to show proof of age upon delivery and that any purchase made by someone who turns out to be under 18 will be null and void.
3.1. In order to use and access certain features of the Website, users may need to create an account using an e-mail address (“Account”). Users can make purchases without creating an account by using the guest checkout option.
3.2. When setting up an account, you must use true and accurate information and you agree not to impersonate any person or entity or create or use an Account for anyone other than yourself.
3.3. You are encouraged to use strong passwords, with a combination of upper-case and lower-case letters, numbers, and symbols and must keep your login details confidential to avoid unauthorised access to your Account. We are not responsible for any misuse of your Account caused by weak passwords or failure to keep your login details confidential or for any misrepresentations made by the user.
3.4. We may:
3.4.1. suspend your Account;
3.4.2. cancel your Account; and/or
3.4.3. edit your Account details,
in our sole discretion where we have reasonable belief that the Account has been misused or is in anyway violating these Terms.
3.5. We also ask that you keep your details up to date. You can update your details in the Account settings.
3.6. You may cancel your Account on our Website at any time through the Account settings or by contacting us at the email/ phone number set out above.
4. THIRD-PARTY SITES
4.1. The Website may include advertisements and/or external links to third-party websites (“External Sites”). We do not endorse, represent, or control the content of any External Sites (unless otherwise expressly stated in these Terms) and therefore shall not be held responsible for or assume any liability towards the content displayed on or the functionality or performance of External Sites.
5. CHANGES TO THESE TERMS
5.1. We reserve the right to amend these Terms at any time without prior notice by posting updated Terms on the Website.
5.2. Your continued use of the Website following the amendments is your agreement to be bound by the Terms as amended. We would therefore encourage you to check these Terms regularly to ensure you are aware of any changes.
5.3. We may, from time to time, decide to change, update, or discontinue certain features of the Website. You agree and understand that we have no obligation to store or maintain any content you have provided (for example, photographs or customer reviews) except to the extent required by the applicable law(s).
6. PROHIBITED ACTIVITIES
6.1. Users agree to only use the Website (and its content) as permitted by these Terms and in particular, agree not to:
6.1.1. cause damage to, or impair the performance of the Website;
6.1.2. post, upload or transmit any information on the Website that is obscene, defamatory, offensive, discriminatory, threatening, or malicious in nature, or any other material that is prohibited by the applicable law(s);
6.1.3. upload or submit for uploading any material which is protected by copyright and any other intellectual property rights (or IPRs as this is defined in section 9) without the express consent of the owner of the IPRs. For example, generally, you must not reproduce, copy or create derivative works from the shishaart branding and logo or any images, text or layout of the Website because this is owned or licensed by Shisha Art but you may download content which is expressly made available for download by Shisha Art from the Website;
6.1.4. copy or use Shisha Art’s brand, logo(s), and/or trademark(s) in any business name, e-mail, URL, or other context without our prior written consent;
6.1.5. misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
6.1.6. attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to the Website;
6.1.7. attack our Website via a denial-of-service attack or a distributed denial-of service attack;
6.1.8. attempt to circumvent any protective technological measure associated with or used on the Website;
6.1.9. attempt to access or search the Website or any content contained therein through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
6.1.10. harvest or otherwise collect information about others from the Website for unlawful purposes; and
6.1.11. interfere with, disrupt or attempt to interfere with or disrupt any of the associated computer or technical delivery systems, the access of any user, host, or network to the Website.
6.2. Where required, we will report any breach of this section to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7. CONTENT & OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
For the purposes of this paragraph and these Terms, Intellectual Property Rights shall be abbreviated to “IPRs” and shall mean: patents, utility models, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
7.1. Shisha Art’s Content and IPRs
7.1.1. Unless specified otherwise in these Terms, we own, control, licence or reserve all IPRs in all content and information available on the Website (for example, the shisharart branding and logo, the text, the images and the layout).
7.1.2. Any use of this content not expressly permitted by these Terms is a breach of these Terms and may violate our or a third party’s IPRs, and other applicable laws. Content and features are subject to change or termination without notice in the editorial discretion of Shisha Art. All rights not expressly granted herein are reserved to Shisha Art and its licensors.
7.2. Your Content and Shisha Art’s Right to Use Your Content
7.2.1. We may from time to time ask for your feedback and suggestions in relation to our products and services and those of our group companies (including asking you to participate in customer surveys or product testing) (“Feedback Content”) and also invite you to share your photographs or videos of our services (for example, in order to deal with a complaint/ return or for our Website and brand communications).
7.2.2. When you submit any Feedback Content to us, you hereby assign (transfer) the IPRs in that content to Shisha Art so we become the owners of that content and also agree to irrevocably waive any claims and assertions of moral rights you have in such content.
7.2.3. When you submit other content (e.g non-Feedback Content) to us, you hereby grant to Shisha Art a perpetual, worldwide, non-exclusive, irrevocable, fully-paid, royalty-free, assignable, sub-licensable, and transferable right to use such content and all IPRs contained in that content for any purpose or use that we deem necessary and again agree to irrevocably waive any claims and assertions of moral rights you have in such content.
7.2.4. For the avoidance of doubt, “use” in this context means, but is not limited to copying, displaying, distributing, modifying, translating, reformatting, incorporating into advertisements, products and other works, analysing, promoting, commercialising, and creating derivative works.
7.2.5. Whilst we do not have to use any content you submit, if we choose to, you accept that you are not entitled to any payment or other compensation in relation to such use and that we will have full editorial control over such use.
7.2.6. You confirm that any content you submit is your own, original and not copied, accurate and does not violate any of these Terms.
7.2.7. We reserve the right, at any time and without prior notice, to remove, block, or disable access to whole or any part of your content that we, for any reason, consider to be objectionable, harmful to our users or the Website or otherwise in violation of the Terms.
7.2.8. Subject to the requirements of the applicable law(s), we are not obligated to return any content you post or submit to the Website to you under any circumstances and assume no liability for any such content.
8. ORDER AND PAYMENT PROCESS
8.1. Users can place an order for services by clicking on the “Book Now” button or tab, selecting the service you want and completing checkout. The total amount to be paid for all service selected shall include 5% VAT as per the applicable UAE taxation laws. Shisha Art reserves the right to change the prices at any time, without prior notice to the users and at our sole discretion (although price changes will never have retroactive effect).
8.2. The price includes delivery.
8.3. Except as set out in section 9.6, all equipment provided as part of the service always remains the property of Shisha Art. The disposable hoses and tobacco consumables provided however are included the price and do not need to be returned.
8.4. Your order (and the contract for services) will be complete once you receive an order confirmation from us.
8.5. You can pay via the Website or by cash or card on delivery.
8.6. If you refuse to accept a payment on delivery order once it has arrived at your designated address, may be blacklisted, and your Account may be temporarily or indefinitely suspended and/or terminated.
8.7. Please note that users opting for hotel delivery are required to pay a cash security deposit of AED 500 upon delivery. The deposit will be securely held and will be returned to you in full upon returning all equipment to us. If any of the equipment is damaged, we may deduct the appropriate amount from the deposit in accordance with section 9.7.
8.8. We always try our best to deliver the service in a safe and timely manner but we will not be responsible for any delay or failure to deliver where an incorrect address or contact details have been given or if customers are not available to take delivery at the time we have specified. We request that you double check that the delivery address and contact details provided are accurate and that you are available at the indicated time of delivery. We will re-deliver where possible but this is in our sole discretion.
9. CANCELLATION, RETURNS AND REFUNDS
9.1. When you place your order, you will be given the name and contact details of your delivery driver and server and should contact them should you wish to cancel or amend an order. You can also contact our customer service team – please see section 1.3 for details.
9.2. Please note that, unless you give us 48 hours’ notice, we may charge you for your cancelled order unless the following circumstances apply, in which case you will be able to cancel without liability and we will refund any advanced payment or you can transfer payment to another booking:
9.2.1. upon delivery, the equipment or products provided are defective or have been damaged during delivery; and
9.2.2. you provide photographic evidence of the issue and retain the original (inner and outer) packaging and if possible a description of the issue.
9.3. Kindly note that Shisha Art shall bear no liability whatsoever for any equipment or product(s) which are damaged or lost following delivery.
9.4. Please note that we reserve the right to restrict use of the Website temporarily or permanently and/or the service to users who persistently cancel orders without good reason or otherwise use the Website and/or service in bad faith.
9.5. If you fail to return any of the equipment provided within 24 hours of delivery (or upon the expiry of any extended period agreed), a penalty equal to the amount paid for the service will be payable for every 1 day delay, up to a maximum of 4 days.
9.6. If you fail to return the equipment entirely, you will be liable to pay a fee of AED 1,000 after which you may keep the equipment.
9.7. Apart from the disposable hoses and any tobacco consumables provided as part of the service, the following equipment must be returned to us at the end of the service and the following charges apply for equipment that is not returned or is returned but damaged:
Shisha (whole or part)
10.1. We assume that users are existing shisha users and aware of how to smoke shisha and prepare the equipment in a safe manner and whilst our servers will be on hand to help you set up, it is still of paramount importance that you follow the instructions for use which can be accessed here (https://shishaart.com/faq.
10.2. Please note that once the service has been delivered to you and set up by our server, you will be responsible for your continued safe use of the equipment in line with the instructions for use and Shisha Art will not be responsible for any property damage or injury or other loss suffered or sustained during this time due to improper use of the equipment.
10.3. In particular, users must not leave a charcoal heater or shisha device unattended whilst in use and must switch off the equipment and specifically the charcoal heater(s) provided immediately after use.
10.4. Users acknowledge and agree that as a regular user of shisha products, tobacco products, products containing nicotine and other non-nicotine related products, you are aware of the risks and side effects associated with smoking and nicotine use and also understand that you should not use such products around children.
10.5. You also understand that shisha should not be used by someone who:
10.5.1. is under 18 years of age;
10.5.2. is allergic/ sensitive to nicotine;
10.5.3. should avoid using tobacco or nicotine for medical reasons;
10.5.4. has an unstable heart condition, severe hypertension or diabetes; or
10.5.5. is pregnant or breast-feeding.
11.1. We will be responsible for foreseeable loss and damage caused directly by us or our service. If we do not comply with these Terms, we will be liable for any loss or damage you suffer that is the foreseeable and which results directly from that breach or of our failure to use reasonable care and skill in complying with these Terms.
11.2. We do not exclude or limit our liability in any way where it is not legal to do so. This includes liability for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
11.3. Subject at all times to sections 11.1 and 11.2 and as permitted by applicable law(s) we do however limit our liability to you in the following ways and as otherwise set out in these Terms:
11.3.1. You agree and acknowledge that the Website is provided on an “as is” basis. Except as otherwise stated in these Terms, Shisha Art does not make any warranties (express or implied and including but not limited to about quality, fitness for a particular use or purpose, technical performance, quiet enjoyment or non-infringement) in relation to the Website or the services we provide.
11.3.2. We make no warranty that the Website or the content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Whilst we try our best to ensure the Website is kept up to date we make no warranty as to the accuracy, completeness, or reliability of any content obtained through the Website and your reliance upon the Website is solely at your own risk.
11.3.3. We do not guarantee that the Website will be secure or free from bugs or viruses.
11.3.4. Users are responsible for configuring their devices and computer programmes to access our Website and should use their own virus protection software, personal firewalls, and any other suitable measures.
11.3.5. Users accept that Shisha Art shall not be held liable in the event the Website transmits information that has been accessed, altered, and/or corrupted.
11.3.6. Users also accept that Shisha Art may be required to suspend access to the Website for periodic maintenance and/or unforeseen downtime and may do so at its own sole discretion without serving any prior notice.
11.4. We may do any or all of the following without notice:
11.4.1. investigate your use of the Website as we deem appropriate to comply with any applicable law(s), regulation(s), government request(s), or legal process(es); and
11.4.2. terminate your access to the Website, and suspend your Account temporarily or indefinitely, during such investigation and/or upon finding that you have violated these Terms.
12.1. Severability. Each paragraph of these Terms works separately so if a court determines that any paragraph is not legal, the relevant paragraph shall be restricted to the legally permissible content or shall be replaced by a valid term which reflects the intent of the parties in as far as possible. If it is not possible to amend or replace the illegal paragraph, the rest of these Terms (and our contract with you) shall remain in effect without the illegal paragraph.
12.2. Waiver. The fact that we do not insist that you take immediate action to enforce your rights under these Terms, or if we delay in taking action against you in connection with a breach of these Terms, does not mean that you should not take such action nor will it prevent us from taking action against you at a later time.
12.4. Third-Party Rights. These Terms are between each user of the Website and us only. Therefore, no-one else has any rights under these Terms.
12.5. Force Majeure. Shisha Art shall not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or our contract to provide a service to you that is caused by events outside our reasonable control, This includes, but is not limited to, acts of God, internet failure, malfunction of data/database/software, service errors, updates to the Website (including, but not limited to, maintenance, repairs, bugs, fixtures, and any other technical issues on the Website), or otherwise, fire, flood, severe weather, explosion, war, riot, civil commotion, act of terrorism, industrial dispute (whether or not involving Shisha Art’s employees), epidemics, pandemics, lockdowns, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities. Shisha Art reserves the right to postpone, cancel, or provide a refund as it deems fit in the event of a force majeure.
12.6. Governing law and Jurisdiction. These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (“DIFC”) and the DIFC Courts shall have sole jurisdiction to settle any dispute or claim that arises out of or in connection to these Terms or its subject matter or formation (including non-contractual disputes or claims). The parties further agree and acknowledge that the Civil Courts of Dubai may be used to settle any disputes in the event that the dispute falls under the mandate of the laws of Dubai instead of the DIFC laws (pursuant to an order received from the DIFC Courts declaring the jurisdiction of the dispute falls under the Civil Courts of Dubai) and/or in the event of enforcing the DIFC Court judgment.