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TERMS
AND CONDITIONS OF USE
Welcome! You have entered the website owned and operated
by CigarettesDJ.com (“CigarettesDJ.com ”), identified by the URL
CigarettesDJ.com
(the "Site"), but before proceeding further
please read carefully the following Terms and Conditions
of Use which will govern your use of the Site (”Terms
and Conditions” which expression shall include any
modification that may from time to time be made thereto by
CigarettesDJ.com ). By using the Site or by placing an order
through the Site you agree to and accept all these Terms
and Conditions and therefore have entered into an
agreement with CigarettesDJ.com governing your use of the
Site. In addition, when you use any current or future CigarettesDJ.com
service(s), you also will be subject to the
guidelines and conditions applicable to such service or
business.
USE OF SITE ACCESS
CigarettesDJ.com grants you a
limited non-exclusive license to access and make personal
and non-commercial home use of this Site. As such, you
cannot download the Site (other than page caching) or
modify the Site or its contents or any portion of the Site
or any of its contents, except with the prior written
consent of CigarettesDJ.com . This license does not include any
resale or commercial use of this Site or its contents; any
collection and use of any product listings, descriptions,
or prices; any derivative use of this Site or its
contents; any downloading or copying of account
information for the benefit of another merchant and/or
user; or any use of data mining, robots, or similar data
gathering and extracting tools. This Site or any portion
of this Site may NOT be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any
commercial purpose without prior express written consent
of CigarettesDJ.com . You may not frame or utilise framing
techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page
layout, or form) of CigarettesDJ.com and the Site without
CigarettesDJ.com ’s prior express written consent. You may not use
meta tags or any other "hidden text" utilising CigarettesDJ.com and the Site’s name or trademarks without
the prior written consent of CigarettesDJ.com . Any unauthorised use
automatically terminates the permission or license granted
by CigarettesDJ.com .
You are granted a limited,
revocable, and non-exclusive right to create a hyperlink
to the homepage of the Site so long as the link does not
in any manner whatsoever or howsoever portray or depict
the Site, or its products or services in false,
misleading, derogatory, obscene or otherwise offensive
light or manner. You may not use any CigarettesDJ.com logo,
the Site logo or other proprietary graphic or trade mark
as part of the link without CigarettesDJ.com ’s prior express
written consent.
YOUR PARTICULARS
When you register with CigarettesDJ.com , you agree to (i) provide true, accurate, current
and complete information about yourself as prompted by the
Order form (the "Order Data") and to (ii)
maintain and promptly update the Order Data to keep it
true, accurate, current and complete. You are responsible
for maintaining the confidentiality of your Order Data or
passwords and for restricting access to your computer, and
you agree to accept responsibility for all activities that
occur under your particulars. CigarettesDJ.com cannot and will
not be liable for any loss or damage arising from your
failure to comply with this Terms and Conditions. If you
are under 18 years of age, you can use the Site only with
involvement of a parent or guardian. CigarettesDJ.com reserves
the right to refuse service, remove or edit content, or
cancel orders at its sole discretion.
RISK OF LOSS
All items purchased from
the Site are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass
to you upon our delivery to the carrier.
TERMINATION
You agree that CigarettesDJ.com , at
its sole and absolute discretion, may terminate your use
of the Site for any reason, including, without limitation,
lack of use or if CigarettesDJ.com believes that you have
breached or acted inconsistently with or in disregard of
the letter or spirit of the Terms and Conditions. CigarettesDJ.com
may also at its sole and absolute discretion and at any
time, with or without notice, discontinue providing its
services or any part thereof. You agree that any
termination of your access to the Site under any provision
of this Terms and Conditions may be effected without prior
notice, and acknowledge and agree that CigarettesDJ.com may
immediately bar any further access to the Site. On the
happening of any of the afore-going, you agree that CigarettesDJ.com
shall not in any manner whatsoever or howsoever, be liable
to you or any third party for any termination of your
access to the Site.
INDEMNITY
You hereby agree to
indemnify and forever save CigarettesDJ.com , its affiliates,
directors, officers, employees, owners, agents,
information providers, licensors and licensees harmless,
from and against any and all losses, claims, demands,
damages, liabilities and/or costs and expenses, including
legal costs, on a full indemnity basis, which may arise
from your use of the Site, including, but not limited to,
any breach of any of the Terms and Conditions, or your
violation of any rights of another. You shall use your
best efforts to cooperate with us in the defence of any
claim. We reserve the right (but have no obligation), at
our own expense, to assume the exclusive defence and
control of any matter subject always to full
indemnification by you.
You hereby acknowledge and
agree that any breach of the Terms and Conditions will
result in irreparable harm and/or losses to CigarettesDJ.com
for which monetary damages would or may not be an adequate
remedy and, therefore, in addition to its rights and
remedies otherwise available at law, CigarettesDJ.com will be
entitled to equitable relief, including both a preliminary
or interlocutory and permanent injunction, if such a
breach occurs. You irrevocably waive any requirement for
the posting of a bond or other security if CigarettesDJ.com
seeks such an injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CigarettesDJ.com ON AN "AS IS" AND "AS
AVAILABLE" BASIS. CigarettesDJ.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON
THIS SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK.
CigarettesDJ.com DISCLAIMS ALL
EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND
CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND/OR
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CigarettesDJ.com MAKES NO REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTEES THAT THIS SITE OR THE FUNCTIONS
CONTAINED IN THE MATERIALS ON THE SITE WILL MEET YOUR
REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. CigarettesDJ.com
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM CigarettesDJ.com ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS. ALL SUCH WARRANTIES, REPRESENTATIONS,
CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. CigarettesDJ.com WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL OR SAVINGS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION, WHETHER IN CONTRACT,
NEGLIGENCE, TORT OR OTHERWISE OR ANY OTHER DAMAGES
RESULTING FROM ANY OF THE FOLLOWING (i) THE USE OR THE
INABILITY TO USE THE SITE, (ii) ANY DEFECT IN GOODS,
SAMPLES, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED FROM A USER OR A THIRD PARTY SERVICE PROVIDER
THROUGH THE SITE, (iii) UNAUTHORISED ACCESS BY THIRD
PARTIES TO YOUR DATA OR PRIVATE INFORMATION, (iv)
STATEMENTS OR CONDUCT OF ANY USER OF THE SITE, OR (v) ANY
MATTERS RELATING TO SERVICES ACQUIRED THROUGH THE SITE
HOWEVER ARISING, INCLUDING NEGLIGENCE.
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR SOLE
DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF
DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY
SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM
COMPUTER VIRUSES. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM CigarettesDJ.com OR THROUGH
OR FROM THE SITE SHALL CREATE ANY WARRANTY OR CONDITION
NOT EXPRESSLY STATED HEREIN.
UNDER NO CIRCUMSTANCES
SHALL CigarettesDJ.com BE HELD LIABLE FOR A DELAY OR FAILURE
OR DISRUPTION OF THE CONTENT OR SERVICES DELIVERED THOUGH
THE SITE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF
NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER,
TELECOMMUNICATIONS OR ANY OTHER EQUIPMENT FAILURES
ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES,
RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF
LABOUR OR MATERIALS, FIRES, FLOOD, STORMS, EXPLOSIONS,
ACTS OF GOD, ACTS OF TERRORISTS, WAR, GOVERNMENT ACTIONS,
ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR
NON-PERFORMANCE OF THIRD PARTIES.
APPLICABLE LAW
This Site is created,
owned and controlled by CigarettesDJ.com in Malaysia. The
Terms and Conditions shall be governed and interpreted in
accordance with the laws of Malaysia without giving effect
to any principles of conflicts of laws. Those who choose
to access the Site do so on their own initiative and are
responsible for compliance with local laws, if and to the
extent local laws are applicable.
By visiting or using the
Site or by placing an order through the Site you hereby
irrevocably accept, agree and consent to the exclusive
jurisdiction of the Courts in Malaysia in all disputes,
controversies or differences of whatsoever nature which
may arise, out of or in relation to the Terms and
Conditions, or the breach hereof relating to the use of
the Site.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing
our products on the Site. However, to the extent
permitted by applicable law, we do not warrant that the
product descriptions or other content available on the
Site is accurate, complete, reliable, current, or
error-free.
MODIFICATION
AND DISCONTINUANCE
We reserve the right at
any time and from time to time to modify or discontinue,
temporarily or permanently, the Site and the Terms and
Conditions (or any part thereof) with or without notice to
you. The amended and restated Terms and Conditions will be
posted on the Site and shall be effective immediately upon
posting. Posting by CigarettesDJ.com of the amended and
restated Terms and Conditions and your continued use of
the Site shall be deemed to be acceptance of the amended
terms. You agree that CigarettesDJ.com shall not be liable to
you or to any third party for any modification, suspension
or discontinuance of the Site. Please also review our
other policies posted on the Site. These policies also
govern your visit to CigarettesDJ.com ’s website.
WAIVER OF CONDITIONS OF
USE
The failure of CigarettesDJ.com
in any one or more instances to insist upon performance of
any of the terms or conditions contained herein, or to
exercise any right or privilege hereunder, or the waiver
by CigarettesDJ.com of any breach by you, of these terms or
conditions of sale, shall not be construed as thereafter
waiving such terms and condition, rights of privileges,
and the same shall continue and remain in force and effect
as if no failure or waiver had occurred.
LINKS TO OTHER WEBSITES
Links to third party
websites on this Site are provided solely as a convenience
to you. Please exercise discretion while browsing the
Internet using this Site. If you use these links, you will
leave this Site. CigarettesDJ.com has not reviewed all of
these third party sites and does not control and is not
responsible for any of these sites or their content. Thus,
CigarettesDJ.com does not endorse or make any representations
about them, or any information, software or other products
or materials found there, or any results that may be
obtained from using them. If you decide to access any of
the third party sites linked to this Site you do this
entirely at your own risk. CigarettesDJ.com will not be
responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content,
goods or services available on or through any such site or
resource.
INTELLECTUAL PROPERTY
RIGHTS
CigarettesDJ.com is the sole
owner or lawful licensee of all the rights to the Site and
all information, text, messages, illustrations, images,
logos, designs, icons, photographs, programs, music,
sound, video clips, directories, files, databases,
listings or other materials available on or through the
Site (collectively the "Content"). The Site and
the Content embody trade secret and intellectual property
rights protected under worldwide copyright and other laws.
All title, ownership and intellectual property rights in
the Site and the Content shall remain with CigarettesDJ.com
, its
affiliates or licensors of the Content, as the case may
be. All rights not otherwise claimed under this Terms and
Conditions or by CigarettesDJ.com are hereby reserved.
“CigarettesDJ.com", "CigarettesDJ.com " and related icons and
logos of CigarettesDJ.com in various jurisdictions are
protected under applicable copyright, trademark and other
proprietary rights laws. The unauthorised copying,
modification, use or publication of these marks is
strictly prohibited.
NOTICES AND COMMUNICATIONS
When you visit the Site or
send e-mails to us, you are communicating with us
electronically. You consent to receive communications from
us electronically. We will communicate with you by e-mail
or by posting notices on the Site. You agree that all
agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
SEVERABILITY
If any provision of the
Terms and Conditions shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the
validity and enforceability of any remaining provisions.
ENTIRE AGREEMENT
The Terms and Conditions
constitute the entire agreement between you and CigarettesDJ.com
and govern your use of the Site, superseding any prior
agreements between you and CigarettesDJ.com (including, but
not limited to, any prior versions of the Terms and
Conditions). You also may be subject to additional terms
and conditions that may apply when you use other CigarettesDJ.com
services, third-party content or third-party software. Any
assignment or transfer of either the Terms and Conditions
or any right granted hereunder is strictly prohibited.
HEADING
The headings of each of the Terms and Conditions are
for convenience of reference only and shall not form part
of the Terms and Conditions. Such heading shall be ignored
in the interpretation or construction of any of the Terms
and Conditions.
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