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No
warranties
This
website is provided “as is”
without any representations
or warranties, express or
implied.
SmokeWOW.com
makes
no representations or
warranties in relation to
this website or the
information and materials
provided on this
website.
Without
prejudice to the generality
of the foregoing paragraph,
SmokeWOW.com does not
warrant
that:
l
this
website will be constantly
available, or available at
all;
or
l
the
information on this website
is complete, true, accurate
or
non-misleading.
Nothing
on this website
constitutes, or is meant to
constitute, advice of any
kind.
[If you require
advice in relation to any
[legal, financial or
medical] matter you should
consult an appropriate
professional.]
Limitations
of
liability
SmokeWOW.com
will not be liable to you
(whether under the law of
contact, the law of torts
or otherwise) in relation
to the contents of, or use
of, or otherwise in
connection with, this
website:
l
[to the
extent that the website is
provided free-of-charge,
for any direct
loss;]
l
for any
indirect, special or
consequential loss;
or
l
for any
business losses, loss of
revenue, income, profits or
anticipated savings, loss
of contracts or business
relationships, loss of
reputation or goodwill, or
loss or corruption of
information or
data.
These
limitations of liability
apply even
if SmokeWOW.com has
been expressly advised of
the potential
loss.
Exceptions
Nothing
in this website disclaimer
will exclude or limit any
warranty implied by law
that it would be unlawful
to exclude or limit; and
nothing in this website
disclaimer will exclude or
limit SmokeWOW.com
liability in respect of
any:
l
death or
personal injury caused
by
SmokeWOW.comnegligence;
l
fraud or
fraudulent
misrepresentation on the
part or SmokeWOW.com;
or
l
matter
which it would be illegal
or unlawful
for SmokeWOW.com to
exclude or limit, or to
attempt or purport to
exclude or limit, its
liability.
Reasonableness
By using
this website, you agree
that the exclusions and
limitations of liability
set out in this website
disclaimer are
reasonable.
If you do
not think they are
reasonable, you must not
use this
website.
Other
parties
[You accept that, as a
limited liability
entity,
SmokeWOW.comhas an interest
in limiting the personal
liability of its officers
and employees. You
agree that you will not
bring any claim personally
against SmokeWOW.com's
officers or employees in
respect of any losses you
suffer in connection with
the
website.]
[Without
prejudice to the foregoing
paragraph,] you agree that
the limitations of
warranties and liability
set out in this website
disclaimer will protect
SmokeWOW.com's
officers, employees,
agents, subsidiaries,
successors, assigns and
sub-contractors as well as
SmokeWOW.com.
Unenforceable
provisions
If any
provision of this website
disclaimer is, or is found
to be, unenforceable under
applicable law, that will
not affect the
enforceability of the other
provisions of this website
disclaimer.
Applicable
Laws
http://en.wikipedia.org/wiki/E-cigarette
Due
to the relative
novelty of the
technology and the
possible relationship
to tobacco laws,
electronic cigarette
legislation and
public health
investigations are
currently pending in
many
countries.
- In
Australia
, the
sale of electronic
cigarettes containing
nicotine is
illegal.
- In
Austria
and
Denmark
,
electronic cigarettes
are considered
medical
devices
, and
nicotine
cartridges
medicinal
products
.
Therefore electronic
cigarettes need to
be
CE-marked
, and
nicotine cartridges
registered as medicinal
products, before either
can be legally
sold.
- In
Canada
,
compliance of
electronic cigarette
use with public smoking
bans is currently under
review.
In March
2009,
Health
Canada
called
for the immediate
cessation of imports,
sales, and advertising
of electronic smoking
products containing
nicotine, and advised
Canadians not to
purchase or use any
electronic smoking
products. Under
the
Food and Drugs
Act
,
electronic smoking
products containing
nicotine require market
authorization before
they can be imported,
marketed, or sold. No
market authorization
has been granted for
any electronic smoking
product.
- In
Finland
,
cartridges containing
nicotine are illegal to
sell, or to purchase
with intent to sell,
but are not illegal to
purchase from overseas
sources for personal
use only.
- In
Hong
Kong
, the possession or the
sale of electronic
cigarettes is
illegal.
- In
Malaysia
,
electronic cigarettes
are considered
medical
devices
, and
nicotine
cartridges
medicinal
products
.
They can be purchased
over the counter at a
pharmacy with proper
prescription.
- In
The
Netherlands
, use
of electronic
cigarettes is allowed,
but advertising is
forbidden
pending
European
Union
legislation.
- In
New
Zealand
, the
Ministry of Health has
ruled that cartridges
containing nicotine
fall under the
requirements of the
Medicines Act, and
cannot be sold except
as a registered
medicine.
- In
the
United Kingdom
,
electronic cigarette
use is currently
unrestricted.
- In
the
United States
,
the
Food and Drug
Administration
(FDA)
considers electronic
cigarettes to be a
nicotine delivery
system, subject to its
approval. The agency is
currently investigating
electronic smoking
devices, and has barred
their import into the
US.
This
website
disclaimer
This
website disclaimer is
based on a precedent
created by
template-contracts.co.uk
and
published by
freenetlaw.com
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