1.2 Please make sure you have read these Terms carefully, especially the limitations of our liability, before using the Website.
1.3 By using this Website, you agree to and accept these Terms. You should print a copy of these Terms or save them for future reference.
1.4 We may amend these Terms from time to time. Please review them regularly to ensure you understand the terms that apply each time you use the Website. These Terms were most recently updated on 01 August 2014.
1.5 If you purchase any products ("Products") via the Website, your purchase will also be governed by our Terms and Conditions of Sale.
2. INFORMATION ABOUT US
2.1 This Website is operated by Sellro Ltd, a company registered in England and Wales under company number 08081947 with its registered office at Unit 66 Millmead Business Center, Millmead Road, London, N17 9QU. ("eShisha Club", "we", "our" or "us").
2.2 To contact us, please see our Contact Us page or email us at firstname.lastname@example.org or write to us via post at Customer Services, eShisha Club. Unit 66 Millmead Business Center, Millmead Road, London, N17 9QU.
3. ACCESSING OUR WEBSITE
3.1 You agree that you will only use the Website for your own personal, non-commercial use.
3.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
3.3 You are responsible for ensuring that you have all hardware and software necessary in order to access the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3.4 You agree that you will not:
(a) use the Website to in any way infringe the privacy or other rights of other users of the Website or any third party;
(b) use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
(c) do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data;
(d) do anything that subjects the Website or eShisha Club to any derogatory treatment or brings (or might bring) the Website or eShisha Club into disrepute;
(e) misuse or do anything that disrupts all or any part of the Website, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful; or
(f) state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to the Website.
4. INTELLECTUAL PROPERTY OWNERSHIP
4.1 All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on this Website (“Content”) are owned by us or used with permission.
4.2 Although you can copy any part of this Website to your own computer for your personal use, you may not copy or incorporate any of the Content available on the Website into any other work, including your own website, or use the Content in any other public or commercial manner. You may not post or redistribute any portion of our Website unless you have a license from us to do so. We retain full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.
5. DATA PROTECTION
6.1 You understand and you agree that we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for: (i) loss of profits or goodwill; (ii) loss of data; (iii) intangible losses; or (iv) any indirect, incidental, special and consequential damages, arising out of or in connection with these Terms or your use of or inability to use the Website or your reliance on the content of this Website, even if you have advised us of the possibility of such losses.
6.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
6.3 Nothing in these Terms limits or excludes our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
6.4 This Website may refer to products or services of third parties or link to third party sites or information. We do not endorse or make any warranties or representations about those products or services and accept no responsibility for the content of websites linked on our Website. Any links to other websites are provided for your convenience only. We will not be liable for any loss or damage that may arise from your use of them. You need to make your own decision as to whether to use third party products, services and websites.
6.5 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
7. FORCE MAJEURE
We will not be liable in any way for loss, damage or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Terms caused by any circumstances beyond our control, which include but are not limited to vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, strike, lock-out or other industrial disputes (whether or not involving our employees) or shortage of materials or fuel at the market rates existing when the order is accepted, legislative or administrative interference.
8.1 These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous statements and any previous terms and conditions relating to the use of the Website.
8.2 If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
8.3 If we fail to insist that you perform any of your obligations under these Terms, or if we delay or do not enforce our rights against you, this does not mean that we have waived our rights against you and does not mean that you do not have to perform your obligations.
8.4 These Terms are between you and us. Except in relation to any company within our group, no other person may enforce any of these terms by virtue of the Contract (Rights of Third Parties) Act 1999.
8.5 We will send notices and other communications to you at the e-mail address you have provided to us. You must send all notices and other communications to us using one of the communication methods referred to in clause 2.2. Any notices sent by e-mail or via the Contact Us form will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by first class post will be deemed to have been received on the next working day. Any notices issued by us that appear on our Website will be deemed to have been received when you next use the Website, unless expressly stated otherwise.
8.6 We may change, modify or revise these Terms at any time. Any changes made to the Terms will apply to all orders placed on or after the date on which the changes to the Terms are uploaded on our Website. It is your responsibility to check that you have read and agree with the latest Terms on the Website.
8.8 These Terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.