This website (https://smokai.com) is operated by SMOKAI LIMITED Throughout the site, the terms “SMOKAI”, “we”, “us” and “our” refer to SMOKAI LIMITED. SMOKAI offers this website, including all information and tools available from this site (collectively, the “Website”) to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
Our postal address is:
PO Box 44403,
You represent and warrant that you are an individual of legal age in your state, province or country of residence to form a binding contract. Your usage of our Website is at your own risk, and we will not be liable for any damage you suffer as a result of such use. You represent and warrant that you have the legal right to send, upload or otherwise communicate any data or information you communicate to us at any time.
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide our products (the “Products”) and Services to you.
2. YOUR SMOKAI ACCOUNT
You will need to set up an account and password to access some of our Services.
You must protect the security of your account and your password. You acknowledge that you are responsible for the activities that happen on or through your account.
3. PRODUCTS AND/OR SERVICES
Certain Products or Services may be available exclusively online through the Website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy (https://www.smokai.com/pages/return-policy). We reserve the right to refuse any return or exchange of Products for any reason.
You may not use our Products for any illegal or unauthorized purposes, nor may you, in the use of our Products or Services, violate any laws in your state, province or country of residence. You agree to not resell our products without our express prior permission.
We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All descriptions of Products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product and to refuse service to anyone for any reason at any time. Any offer for any Product or Service made on this Website is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
All SMOKAI Products offered on this website should be used as directed in the Products instructions and/or owner’s manual or on this Website. Any use of SMOKAI Products is at your own risk.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4. NO WARRANTIES
The Website and any information contained therewith are provided “AS IS”, without any representations or warranties, express or implied.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
• The Website or any information contained therewith will be constantly available, or available at all; or
• The information on the Website is complete, true, accurate or non-misleading.
The Website and any information contained therewith are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Website is at your own risk.
This Website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to update this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes on the Website.
Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on the Website, should be taken to indicate that all information in the Services or on the Website has been modified or updated.
5. LIMITATIONS OF LIABILITY
SMOKAI will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the use of, or otherwise in connection with SMOKAI products, the Website, online or offline:
• For any direct loss;
• For any indirect, special or consequential loss; or
• 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 SMOKAI has been expressly advised of the potential loss.
SMOKAI is not responsible for any User Submissions, as defined hereinbelow, on SMOKAI’s Website or social media platforms. User Submissions express the views of their authors only. You remain solely responsible for the content of your posted messages. Note that it is impossible for SMOKAI staff to confirm the validity of posts. SMOKAI does not actively monitor the posted messages, and as such, is not responsible for the content contained within.
6. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
The Website may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Website, shall be the exclusive ownership of SMOKAI.
You may use our Website only for the purpose of using the Services as provided, for informational, personal and non-commercial purposes and for no other purpose. No materials from the Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without SMOKAI’s prior written permission. You may not copy or distribute any graphics from the Website from their accompanying text, and you may not quote materials out of their context. The permission to use provided above does not include permission to copy the design elements, look and feel, or layout of the Website. All rights not expressly granted herein are hereby reserved by SMOKAI.
Any unauthorized use of the materials appearing on our Website may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties.
Our Website may contain functions that allow you submit feedback (in writing, images, audio, videos or other means) and participate in discussions with other users (“User Submission”). You retain ownership of any intellectual property rights that you hold in such User Submissions when you create, upload, submit, store feedback to or through the Website, you agree to give SMOKAI a royalty-free, perpetual, sublicenseable, irrevocable and worldwide license to use, host, store, reproduce, modify, translate and otherwise act with respect to such User Submissions to enable SMOKAI to operate and improve its Services.
7. USER SUBMISSION AND USE STANDARDS
Any and all User Submissions you make via the Website and any and all uses you make of the Website must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following standards:
• Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person;
• Not violate or try to violate the security features of the Website;
• Not be likely to deceive any person;
• Not promote any illegal activity, or advocate, promote or assist any unlawful act;
• Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;
• Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
• Not give the impression that they emanate from us or any other person or entity, if this is not the case.
A violation of any of the foregoing is grounds for termination of your right to use or access SMOKAI’s Website and Communities.
SMOKAI reserves the rights to remove or modify any User Submission submitted for any reason without explanation. SMOKAI reserves the right to take action against any account with SMOKAI’s Communities at any time. SMOKAI may, at its sole discretion, make or decide not to make User Submissions available on our Website and/or Communities. SMOKAI does not guarantee any User Submission will be promptly made visible following submission, or made visible at all.
8. PERSONAL INFORMATION
9. OTHER PARTIES
You accept that SMOKAI has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SMOKAI’s directors, officers or employees in respect of any losses you suffer in connection with the Website or use of any SMOKAI product.
SMOKAI may provide you with access to third party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such third-party tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of optional third-party tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available via our Website may include materials from third parties. Third party links on this site may direct you to third party websites that are or affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party contests hosted or any third-party materials, products or services made available on the Website. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12. GOVERNING LAW