Terms Of Use and Sale
Welcome to hookah fruits pty ltd.
this document contains very important and crucial information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you and your business. Please read it carefully.
these terms require the use of arbitration on an individual basis to resolve disputes in some circumstances, rather than jury trials or class actions.
by placing an order for products or services from hookah fruits pty ltd, you acknowledge that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions.
you may not order or obtain products from hookah fruits™ if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with hookah fruits pty ltd, or (c) are prohibited from accessing or using this website or any of this website’s contents, or any of hookah fruits’ goods, by applicable law.
These terms of use are entered into by and between You and HOOKAH FRUITS PTY LTD (“Company”, “We,” or “Us“,“ HOOKAH FRUITS™”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of hookahfruits.com, including any content, functionality, and services offered on or through hookahfruits.com (the “Website“), whether as a guest or a registered user. Before you use the HOOKAH FRUITS™ Website at www.hookahfruits.com/ www.hookahfruits.com.au, please read the following terms which govern your use of the Site. By using the Site, you agree to follow and be bound by the terms and conditions of this Agreement.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company.
If you do not agree to these terms, you must not access or use the Website.
Changes to the Terms of Use and Sale
We may revise and update these Terms of Use and Sale from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you.
HOOKAH FRUITS™ reserves the right, at any time, to modify, alter, or update these Terms and Conditions, and by using this Website, you agree to be bound by such modifications, alterations, or updates.
General
HOOKAH FRUITS™ is not responsible for typographical errors. Customers are encouraged to review the terms of sale periodically for modifications. No HOOKAH FRUITS™ employee or agent has the authority to vary any of the policies of the terms and conditions governing any sale. HOOKAH FRUITS™’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
This Site may contain links to other independent third-party Websites (“linked sites”). These linked sites are provided solely as a convenience to our visitors as a source of information. The content on such linked sites is not under the control of HOOKAH FRUITS™, and we are not responsible for and do not endorse the content of any such linked sites, including any information or materials contained on such linked sites.
The conditions of use and privacy policy of any third-party website may differ substantially from the conditions of use and legal notices that apply to your use of this website. Please review the conditions of use for all third-party websites for more information about the terms and conditions that apply to your use of the third-party websites.
HOOKAH FRUITS™ does not promise that the Site or any content, service or feature of the Site will be error-free or uninterrupted, that any defects will be corrected or that your use of the Site will provide specific results. If notwithstanding the other provisions of these terms of use, HOOKAH FRUITS™ is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content, HOOKAH FRUITS™’s liability shall in no event exceed the dollar amount paid by you for the products you purchased on the Site.
All Website content, including but not limited to prices, product data and images, and Product availability is subject to change without notice. We make no warranty or guarantee that the information on our website is error-free, complete, or current. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed, and your Credit Card (Master, Visa, AMEX, etc.) or PayPal is charged. If your order is cancelled after your payment has been processed, we will issue a full refund to the method of original payment.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or another automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website
Personal Data
All information we collect via this Website is subject to our Privacy Policy, located at https://hookahfruits.com/privacy-policy By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
User Contributions
We provide Visitors and Registered Users with access to the Services as described below.
Visitors: Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites, and (ii) email us.
Registered Users: Registered Users can do all the things that Visitors can do, and: (i) purchase products through our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the HOOKAH FRUITS™ community.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Minor Compliance
The products offered on this Site are strictly for adult use only. By using the Site, you agree that you are at least 18 years of age. Minors under the age of 18 must not use this Site. We do not sell HOOKAH FRUITS™ Flavours to anyone under the age of 18. By accepting these terms and conditions, you are indicating you are of legal age to purchase products. It is illegal to misrepresent your age.
We cannot be held responsible for Minors purchasing products illegally. You take the responsibility that any product from this website will not be bought for the person(s) or received by the person(s) under the age of 18 years.
Surgeon General Warning
Smoking HOOKAH FRUITS™ is healthier than tobacco. However, it is not a safe alternative to smoking cigarettes and tobacco. Smoking may cause any health disease such as lung cancer and heart disease. Hookah/Shisha smoking can cause cancers of the mouth and throat, even if you do not inhale. Hookah/Shisha smoking increases the risk of infertility, stillbirth and low birth weight.
- Do not eat HOOKAH FRUITS™ Flavours
- Keep out of reach of children
- Smoking may cause health problems
- Do not smoke HOOKAH FRUITS™ Flavours during pregnancy
- Do not smoke HOOKAH FRUITS™ Flavours if you’re allergic to the ingredients
- Do not smoke HOOKAH FRUITS™ Flavours if you are under the age of 18 years
- You must check the Products instructions before using them
Ordering
Putting your order with HOOKAH FRUITS™ Store is an offer that we reserve the right to reject or approve at its discretion. Unless the HOOKAH FRUITS™ Store accepts your offer with your order confirmation, no contract will be created. You will receive an Acknowledge e-mail when you have been confirmed.
Shipping Policy
We ship HOOKAH FRUITS™ products widely in Australia, so whether you are in Sydney, Melbourne, Adelaide, Perth, Brisbane, or anywhere else in the country, we can easily deliver them to you. Also, we provide international shipping services for customers who are interested in our products and willing to purchase them online. Domestic orders generally ship between 1 to 6 Business Days based on the shipment services and international shipping is estimated to be around 3 to 7 Business Days of approval; however, some orders may take up to 10 Business Days or Longer based on the location. If one or more items are unavailable at the time the order is placed, the entire order will be placed on backorder until we receive the missing item(s) in stock. You are responsible for checking the status of your order every day. we will contact you if your order has been on backorder for more than one week. Risk of damage or loss, and title, pass to you upon our safe delivery of your package(s) to the carrier.
We are not responsible for any postage delays once the order has been handed over to the postal organisation for transport. Any delays are out of our control once the item has been handed over to Australia Post (or courier service). Transit times are strictly estimates/averages, and we cannot promise that your item will arrive within that specified timeframe. Please note that some far/remote destinations might be subject to a small postage surcharge even after the order has been placed/paid for.
Couriers may leave a card if nobody is home to accept the parcel(s) if safe drop and signature is requested at the time of order (such as express post) and paid accordingly. Couriers may also offer the possibility to book redelivery online if the capability is available. Please note that we cannot be held responsible for any lost/stolen parcels if you choose the couriers or if you are not willing to pay for a safe drop and signature request. Please be advised that normal post does not cover a safe drop or seeking a signature at delivery, and you will be held responsible for any lost/stolen parcels. Please use the “leave at premises unattended” redelivery option, as this voids any insurance. Make sure to request the standard signed-for redelivery option at all times.
If the receiver gives the courier authority to deliver without a signature or the receiver gives the courier authority to leave, we are not held liable in the event the parcel goes missing. Thus, HOOKAH FRUITS™ will not be able to refund or resend the parcel.
For Bulk Orders which have been placed through our Wholesale Enquiry, we will arrange for the shipment of the products to you in accordance with the terms agreed upon at the time of purchase. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursements for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
The title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Return Policy
We hope that our customers enjoy what they have purchased. In this regard, if they are unhappy for any reason with any online purchases, we will try to look after them and work with them to resolve these issues. Please follow the directions below for website returns.
If you want to return items, please send us an e-mail at [email protected] and provide the reason why you have intended to do that. The Buyers who have purchased from this Website must be returned within 14 Business Days starting from the date your package has been received. It is recommended that you initiate the return process as soon as possible to ensure that we receive your package at the appropriate time. When processing your return, all products must be in their original condition (unused and without damage) and accompanied by a copy of your invoice/shipping receipt in the box. All returns must be shipped back to Level 33, Australia square, 264 George St, Sydney, NSW 2000, Australia within 14 Business Days of receipt. Depending on your location, there will be a 2-14 Business Days transit time for your package to arrive at our business address. Once received, returns are processed within 2 Business Days, and a credit will be deposited into your account within 5-7 Business Days. Besides, the return shipping and handling costs must be paid by the customer. In addition, there is a 20% restocking fee to cover the shipping and processing costs of HOOKAH FRUITS™. Original shipping and handling costs incurred for shipping returns are non-refundable.
In the case that you would like to return a product because it arrived damaged/faulty, please send an e-mail to [email protected] with a photo of the damaged/faulty immediately upon receipt and providing details of your problem. Then allow 2 Business Days for us to process that return, but once we do, we will reach out to you to see if you would prefer a refund or exchange. However, delays in reporting the problem will complicate the process and may result in the denial of your claim, especially if it is damaging the packaging. All returns must be shipped back to Level 33, Australia square, 264 George St, Sydney, NSW 2000, Australia within 14 Business Days of the received e-mail. Depending on your location, there will be a 2-14 Business Days transit time for your package to arrive at our business address. Once received, returns are processed within 2 Business Days, and a credit will be deposited to your account within 5-7 Business Days. Also, you may be responsible for the return shipping and all related expenses.
If you receive the Wrong Items, please send us an e-mail to [email protected] and attached a copy of your invoice/shipping receipt within 2 Business Days of receiving your order so that we can start the claims process promptly. All returns must be shipped back to Level 33, Australia square, 264 George St, Sydney, NSW 2000, Australia within 14 Business Days of receipt. Depending on your location, there will be a 2-14 Business Days transit time for your package to arrive at our business address. Once received, returns are processed within 2 Business Days, and a credit will be deposited to your account within 5-7 Business Days. In this case, you are not responsible for the return shipping and all related expenses.
If your order is Lost or you haven’t received it, send an e-mail to [email protected] and attached a copy of the Invoice which has been e-mailed to you. We will be replying to you in 1 Business Day to solve your problem.
We will not be held responsible for any loss or damage occurring during return postage. If you choose local pick-up as a delivery method, it is your responsibility to check upon pick-up that your order is correct and not missing any merchandise.
Intellectual Property Notice
All materials including images, illustrations, designs, icons, photographs, logos, slogans, content, source code and other written and visual materials on this Website and any of its affiliates are the Exclusive Copyright, Trademark, and/or otherwise noted Intellectual Property (IP) owned and/or licensed by HOOKAH FRUITS PTY LTD. Any misuse of this or any affiliate website may be punishable by law. All worldwide rights, titles and interests in and to the Property are owned or licensed by HOOKAH FRUITS™.
All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited by Australian and international law.
You, as the user, have a limited license to download or copy the Property on this Site for personal, non-commercial use only. Violation of the HOOKAH FRUITS™ Intellectual Property (IP) Notice will result in the automatic revocation of this license. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Property on the Site, the Site as a whole, or any related software without the prior written permission of HOOKAH FRUITS PTY LTD. You may not use any meta tags or any other hidden text utilising any of the Property, including HOOKAH FRUITS™’s name or web address, without the express written consent of HOOKAH FRUITS™. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site using robots, data mining, automated agents, or any other data gathering or extraction tools without prior written permission of HOOKAH FRUITS™.
Our designated copyright agent to receive notices relating to alleged copyright infringement, including DMCA Notices is:
HOOKAH FRUITS PTY LTD
Level 33, 264 George St, Sydney, NSW 2000, Australia
[email protected]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Trademarks
The Company name, the terms ‘’Hookah Real Sliced Fruits®’’, ‘’HOOKAH FRUITS™, and the ‘’Hookah Real Sliced Fruits Logo®’’ the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. To obtain more information, Please check our Trade Mark page.
Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request the removal of those materials (or access to them) from the Website by submitting a written notification to our copyright agent designated below. Such written notification must be provided in accordance with applicable local law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), if you are a resident of the United States, the written notice (the “DMCA Notice“) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe in having been infringed or if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
User Comments, Feedback and Other Submissions
All comments, reviews, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to HOOKAH FRUITS™ or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain HOOKAH FRUITS™’s Property. Such disclosure, submission or offer shall constitute an assignment to HOOKAH FRUITS™ of all worldwide rights, titles and interests in all intellectual property rights in such comments, feedback, suggestions, and other submissions.
Payment
All products ordered on this Site must be paid for in advance. We are not responsible for any payment error occurring during the checkout process due to issues related to our payment providers.
Payment for all products can only be made via PayPal, Credit Card, Debit Card and ZipPay. We cannot legally accept any other form of payment (Bank transfer is automatically disabled with products in your shopping cart). Coupons will be provided by e-mail from HOOKAH FRUITS™ genuine address ([email protected]) to get discounts for some products!
Pre-order deposits, where applicable, are non-refundable, this includes made-to-order or special-order items. Pre-order arrival dates are strictly estimated only. Delays can occur and are out of our control (extended customs controls, for example).
Made-to-order and special-order items have to be paid in advance, and all payments are non-refundable. In general, there is no change of mind return possible for a particular order and made-to-order items. We are not responsible for any delays that can happen with special order items, and especially made-to-order items (e.g. customs checks, shipping delays). All delivery dates are estimates and can vary to a reasonable degree. Any pre-payment made for wholesale orders is non-refundable (i.e. items ordered especially for you). Strictly no use of discount vouchers allowed on any made-to-order, particular order, or wholesale orders. By default, all codes have been disabled for these products. However, we reserve the right to revoke any stated offer and to correct any errors in existing orders, i.e. cancel discounts.
Duties, Taxes and Licenses
Purchasing products within Australia contains 10% GST. Outside Australia, the purchaser is responsible for remitting any additional taxes to the appropriate taxing authority.
International shipping fees do not include possible Customs Duties, Fees, or Taxes in your delivery country. All duties, taxes and licenses incurred while shopping at this Website are the sole responsibility of the overseas customer. HOOKAH FRUITS PTY LTD cannot be held responsible for any orders with pending taxes, duties or licenses. Any unpaid taxes forwarded to HOOKAH FRUITS™ will be charged to the customer. Please check with your local customs office before ordering. We are not responsible for items seized or destroyed by your local border control. Please check in advance if you are allowed to import the goods you want to order from us. Shipping fees will not be refunded for orders that have been returned to us by foreign customs, a 20% restocking fee will apply to the value of the items. Seized items/orders are strictly non-refundable.
Legal Compliance
You must use the HOOKAH FRUITS™ Products for legal purposes only. You shall not transmit through HOOKAH FRUITS™ any material which violates or infringes in any way upon the rights of others, which is illegal, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/ or to terminate your access to this Website for any breach of this provision or any other provision of this Agreement.
Quality of Goods
HOOKAH FRUITS™ inspects each piece before shipping to ensure quality; however, the consumer and end-user assume all risks of use associated with our products. We may not be held liable for damages arising from the use of our products.
Customer Service
Customer Service is available 24/7, and we aim to answer all your enquiries as fast as possible. Please contact us using the contact form at https://hookahfruits.com/contact/ In addition, you can send an email to [email protected], WhatsApp (+61424444220), and Instagram (hookahfruits/ hookahfruits.au).
Wholesale Goods
For wholesale enquiries use the wholesale form on https://hookahfruits.com/wholesale-enquiry or send an email to [email protected], and we will be in contact soon. Different terms & Conditions may apply, as discussed during the ordering process.
These Terms and Conditions shall be governed by and construed following the laws of Sydney, Australia. The Buyer and the Business agree to submit to the non-exclusive jurisdiction of Sydney and the Federal Court of Australia.
Warranty/Disclaimer of Liability
You acknowledge that use of this Site is at your sole risk. We do not warrant that the website, its servers, or e-mail sent from this Website and/ or Mailchimp are free of errors, viruses, or other harmful components, and there is no warranty as to the results obtained through the use of the Site. This Site and all contents of the Site are provided on an “AS IS” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Site, that your use is at your sole risk, and that you assume full responsibility for all costs associated with all necessary serving or repairs of any equipment you use in connection with your use of the Site. We shall not be liable for any damage of any kind related to your use of the Site, and this Website shall not be liable for any damages of any kind related to your use of the website.
Our liability to you, if any, shall not exceed the total of the Invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. HOOKAH FRUITS PTY LTD shall not be liable for any damage that you may suffer arising out of the use, or inability to use, the services or products provided hereunder. We shall not be liable for unauthorised access by third parties to your transmission facilities, premises or equipment or for unauthorised access to or alteration, theft, loss or destruction of users’ network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/ or the Site.
Certain state laws do not allow limitations on warranties or exclusion or limitation on certain damages. If any part of this Agreement does not apply to you or is held invalid, void or unenforceable, that provision is deemed severable, and will not affect the remaining enforceable provisions of this Agreement.
HOOKAH FRUITS™ is in no way liable for any damages to your person or Property arising from the use of the advertised/sold products. The use of any of these products is at your own risk, and you agree to this when buying from this website, effectively waiving any liability claims.
Web Browser Cookies
Our website uses cookie technology to help us provide you with a better experience with the use of our website. You may configure your web browser to refuse the use of cookies; however, it is not recommended and may result in the loss of functionality on our website.
Limitation on Liability
To the fullest extent provided by law, in no event will the collective liability of the company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to the company for the applicable content, product, or service out of which liability arose.
the foregoing does not affect any liability that cannot be excluded or limited under applicable law. Our sole and entire maximum liability in connection with any breach of any statutory condition, warranty, or guarantee under the australian consumer law that cannot be excluded is limited to (at our election) the provision of the relevant goods or services again or payment of the cost of the provision of the relevant goods or services again.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of NSW, Sydney, Australia without giving effect to any choice or conflict of law provision or rule (whether of NSW Sydney, Australia or any other jurisdiction).
Dispute Resolution
If you have any queries or concerns about the Website or these Terms of Use, please send an email to [email protected], and we will try to resolve the matter to your satisfaction. Where any complaint or dispute is not able to be resolved via informal processes, you agree to the following:
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of Victoria, Australia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
At Company’s sole discretion, it may require You to submit to final and binding arbitration in respect of any disputes or claims arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination. Such arbitration will be conducted in NSW Sydney, Australia under the ACICA Rules of the Australian Centre for International Commercial Arbitration.
Integration
The terms and conditions contained in this Agreement constitute the entire Agreement between the parties and supersede all prior and contemporaneous oral and written agreements and representations merged herein. No employee, agent, or other representatives of HOOKAH FRUITS PTY LTD has the authority to bind HOOKAH FRUITS™ or its suppliers with respect to any statement, representation, warranty, or other expressions unless specifically outlined in this Agreement.
No trade usage, regular practice or course of dealing between the parties may be used to modify this Agreement. Any modification of the Agreement must be made by mutual assent of the parties and must be outlined in writing.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these terms of use, or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and HOOKAH FRUITS PTY LTD regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by HOOKAH FRUITS PTY LTD., Level 33, 264 George St, Sydney, NSW 2000, Australia
All other feedback, reviews, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].