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”).
1.3.
If you have any questions or complaints about this
Website, please contact us at
shishaart@air.global
or on
+971 50 4603 686.
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.
2.5. Our Privacy Policy (“Privacy Policy”) also applies to the use of the Website and the terms contained in the Privacy Policy are incorporated into these Terms. To access the Privacy Policy click here (https://shishaart.com/privacy-policy)
2.6.
These Terms, together with the Privacy Policy, constitute
the entire agreement between you and us in relation to your
use of and purchase of Services via the Website. You confirm
that you have not relied on any representation made other
than the content of these Terms and the Privacy
Policy. Your statutory legal rights are not affected by
these Terms.
3.
ACCOUNTS
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.
4.2.
External Sites may collect your data (including personal
information) and send cookies or otherwise. You are
responsible for reviewing the External Site’s terms and
conditions and privacy policy hereby acknowledge that you
access, browse, link, and/or bookmark the External Sites at
your own risk.
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) | AED 1,000 |
Shisha Bottle | AED 100 |
Charcoal Heater | AED 100 |
Shisha Head | AED 50 |
Kaloud | AED 50 |
Charcoal Clips | AED 20 |
10.
WARNING
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.
LIABILITY
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.
GENERAL
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.
12.3.
Transfer of contract. We can transfer the contract that is formed between you
and us under these Terms to another third-party
organization. If this happens, we will inform you in
writing or by posting updated terms of use on the Website.
We will ensure that the transfer does not affect your rights
under the contract.
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.