Home | TERMS OF USE

TERMS OF USE

  1. INFORMATION ABOUT US – WHO WE ARE AND HOW TO CONTACT US
    1. Welcome to shisha.com! Any reference to the “Site” is a reference to shisha.com.
    2. Shisha.com is operated by AIR IP Holdings Limited, a company incorporated in the Dubai International Financial Centre (UAE), with commercial license number 3237 and registered office at Unit OT 20-33, Level 20, Central Park Offices, Dubai, United Arab Emirates (“we”, “us”, “our”).
    3. If you have any questions or complaints about shisha.com, please contact us at support@shisha.com or if available where you are, using the live chat option on the Site.
  2. OUR TERMS OF USE
    1. Your contract for the use of the Site is with the company set out in paragraph 1 and is governed by these terms.
    2. By visiting and using shisha.com you agree to be bound by these terms. If you do not agree to be bound by these terms, you are not allowed to use the website.
    3. Shisha.com is for use only by those who are aged 18 or over. We reserve the right to limit your access where we have reasonable suspicion that a user is underage.
  3. DATA PROTECTION

    Our Privacy Policy (“Privacy Policy”) applies to the use of the Site and the terms contained in the Privacy Policy are incorporated in the terms of use of the Site. To access the Privacy Policy click here. By using the Site you further acknowledge and agree that transmissions via internet are never completely secure or private. You understand that any message or information you send to the Site may be accessed or read by third parties, even if there is a specific notice that a particular transmission is encrypted.

  4. REGISTRATION AND ACCOUNTS
    1. You don’t need to set up an account to use the Site but by doing so we will share with you additional information about news and upcoming promotions and competitions that we think will be of interest to you. You must be 18 years or older to set up an account.
    2. You may register for an account with the Site by completing and submitting the account registration form on the Site and clicking on the verification link in the email that the Site will send to you.
    3. You must not allow any other person to use your account to access the Site.
    4. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    5. You must not use any other person's account to access the Site.
    6. User login details
      1. If you register for an account, you will be asked to choose a user ID and password upon confirming your email address.
      2. Your user ID must not be liable to mislead and must comply with the content rules stipulated in the account set-up; you must not use your account or user ID for or in connection with the impersonation of any person.
      3. You must keep your password confidential.
      4. You must notify us in writing immediately if you become aware of any disclosure of your password.
      5. You are responsible for any activity on the Site arising out of any failure to keep your password confidential and you may be held liable for any losses arising out of such a failure.
  5. CANCELLATION AND SUSPENSION OF ACCOUNT
    1. We may:
      1. suspend your account;
      2. cancel your account; and/or
      3. edit your account details,
      4. at any time in our sole discretion without notice or explanation where we have reasonable belief that the account has been misused or by emailing you to this effect if we are suspending, cancelling or editing your account for any other reason.
    2. You may cancel your account on our website at any time by using your account control panel on the Site or by contacting us.
  6. WEBSITE TERMS OF USE
    1. Changes to the Site.We may update and modify the Site periodically to reflect changes in our products, the needs of our users and our business priorities or to comply with any legal or regulatory requirements.
    2. Changes to these Terms. We may also update these terms from time to time by posting the revised version on the Site. Any such changes will be effective from the date on which they are made publicly available on the Site. By your continued use of the Site you agree to any such changes to the terms of use. We will try to give you reasonable notice of any changes to the terms.
    3. Suspension or withdrawal of our Site.We do not guarantee that the Site, or any of its content, will always be available or uninterrupted.We may suspend, withdraw or limit the availability of all or part of the Site for operational and business reasons.We will try to give you reasonable notice of any suspension or withdrawal.
    4. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
    5. We are not responsible for the websites we link to.When our website contains links to other sites and resources offered by third parties, these links are provided for informational purposes only.Such links should not be construed as recommendations or endorsement by us of such linked websites or of any other information that you may obtain from them.
    6. We have no control over and do not take any responsibility for the content of such external sites or third-party resources.
  7. INTERACTIVE SERVICES
    1. We may from time to time provide interactive services on the Site, including, without limitation:
      1. Video-sharing facilities;
      2. Chat rooms; and
      3. Bulletin boards (“interactive services”)
    2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
    3. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
    4. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
    5. We do not store terrorist content.
  8. CONTENT STANDARDS
    1. These content standards apply to any and all material which you contribute to the Site (“Contribution”), and to any interactive services associated with it.
    2. We will determine, in our discretion, whether a Contribution breaches these Content Standards.
    3. A Contribution must:
      1. be accurate (where it states facts);
      2. be genuinely held (where it states opinions);
      3. be in the spirit of the co-operative and informative aims of the Site; and
      4. comply with the law applicable in the country from which it is posted.
    4. A Contribution must not:
      1. be defamatory, obscene, offensive, hateful or inflammatory;
      2. bully, insult, intimidate or humiliate;
      3. promote sexually explicit material;
      4. include child sexual abuse material;
      5. promote violence;
      6. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      7. infringe any copyright, database right or trade mark of any other person;
      8. be likely to deceive any person;
      9. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      10. promote any illegal content or activity;
      11. be threatening or invade another's privacy;
      12. impersonate any person or misrepresent your identity or affiliation with any person;
      13. give the impression that the Contribution emanates from us, if this is not the case;
      14. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; nor
      15. contain a statement which you know or believe may induce or encourage the commission, preparation or instigation of acts of terrorism.
    5. You warrant that any Contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
    6. When we consider that a breach of these content standards has occurred, we may take such action as we deem appropriate, including:
      1. immediate, temporary or permanent withdrawal of your right to use the Site;
      2. immediate, temporary or permanent removal of any Contribution uploaded by you to the Site;
      3. issue of a warning to you;
      4. legal proceedings against you; and /or
      5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
    7. We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
  9. UPLOADING CONTENT TO THE SITE
    1. Any Contribution or content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you hereby grant us and other users of our site a perpetual, royalty-free, non-exclusive, transferable licence to use, store, copy, reproduce and prepare and display derivative works containing such content and to distribute and make it available to third parties anywhere in the world.
    2. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
    3. We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out above.
    4. You are solely responsible for securing and backing up your content.
  10. INTELLECTUAL PROPERTY AND RIGHT TO USE THE SITE
    1. You acknowledge and agree that we or our licensors retain at all times all copyrights, trademarks, and all other intellectual property rights in all material or content provided as part of the Site.You are only allowed to use this material as expressly authorized by us or our licensors.
    2. You acknowledge and agree that the material and content included in the Site is made available to you exclusively for your personal and non-commercial use. Any other use of the material and content of the Site is strictly prohibited.You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works from such material and content, and not to assist or facilitate any third party to do so.
    3. We are not responsible for programming errors or viruses and we do not guarantee that the Site will be free from programming errors or viruses.
    4. You are responsible for configuring your computer technology, computer programs and platform to access the Site.You must use your own virus protection software.
    5. You must not misuse our website by introducing viruses, Trojans, malware, ransomware or other malicious or technologically harmful material.You must not attempt to gain unauthorized access to the Site, the server where it is stored, or any server, computer, or database connected to the Site.You must not attack the Site using a denial of service attack or a distributed denial of service attack.By violating this provision, you would be committing a criminal offense under the Computer Misuse Act 1990. We will report any violation to the relevant legal authorities and cooperate with those authorities by providing their identification.In the event of a violation, your right to use the Site will immediately cease.
    6. The Site can only be used for legal purposes and in accordance with the law.You agree to comply with all laws, statutes and regulations in force in relation to the Site and any transaction carried out on or through it.
  11. OTHER SERVICES
    1. Additional terms and conditions may apply to specific parts or features of the Site, including purchases, contests, promotions or similar features, all of which are hereby made a part of these Terms of Use. You agree to abide by such additional terms and conditions. This includes, where applicable, that you are of the appropriate legal age to use a service or feature. In the event of any conflict between these Terms of Use and the terms and conditions provided or applicable to a particular portion of the Site or to any services offered on or through the Site, the latter shall govern your use of that portion of the Site or service.
  12. LIABILITY/OTHER IMPORTANT TERMS
    1. We will be responsible for foreseeable loss and damage caused by us.If we do not comply with these Terms, we will be held liable for any loss or damage you suffer that is the foreseeable result of our breach of this contract or of our failure to use reasonable care and skill in compliance.Loss or damage is foreseeable if it is clear that they will occur or if, at the time of entering into the contract, both you and we knew that they could occur.
    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 orfor fraud or fraudulent misrepresentation.
    3. 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 Site. We will ensure that the transfer does not affect your rights under the contract.
    4. This contract is only between you and us.Therefore, no other party has any rights under this contract.
    5. Each paragraph works separately so if a court determines that any paragraph of this contract is not legal, the relevant paragraph shall be restricted to the legally permissible content or shall be replaced by a valid term of contract 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 the contract shall remain in effect without the illegal paragraph.
    6. These Terms are available in English and German.The English version will be binding to the extent of any conflict and as permitted by current law.
    7. 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 this contract, does not mean that you should not take such action nor will it prevent us from taking action against you at a later time.
    8. You confirm that, by accepting these terms, you have not relied on any representation made other than the content of these terms and agree to waive all compensation in the event of such additional representation.Your legal rights are not affected by these terms.
    9. These terms and any claim or dispute arising out of or in connection with any contract made under these terms shall be governed by the law of the Dubai International Financial Center (DIFC), United Arab Emirates. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.You can file a claim to enforce your rights as a consumer in relation to these terms in the courts of your country of residence, as the laws of your country of residence may also apply to provide you with certain levels of consumer protection.In addition, you also have the right to file a claim with the courts of the DIFC, United Arab Emirates.
    10. If you wish to file a claim, please use the following service address and submit documentation using only an internationally recognized courier service: Legal Department, AIR IP Holdings Limited trading as shisha.com, Unit OT 20-33, Level 20, Central Park Offices, Dubai, United Arab Emirates and cc an electronic copy to dataprivacy@shisha.com.
    11. Consumers have the possibility to use alternative dispute resolution. The following link of the EU Commission (also called ODR platform) contains information about online dispute resolution and serves as a one-stop shop for the out-of-court settlement of disputes arising from online sales contracts or online service contracts (https://ec.europa.eu/consumers/odr.).