Terms and Conditions
Hookah on Wheels
Terms and Conditions Agreement
Welcome to HookahOnWheels.net (the "Site"), owned by Hookah on Wheels Inc. (the "Company"). The Company provides access to the Site and its hookah delivery and other services (collectively, the "Services") subject to your agreement with these Terms and Conditions (the "Terms"). By using or accessing the Site, the Service or any of the Company's other offerings in any way, you agree to be bound by the Terms as well as any additional terms which may be located on the Site when purchasing any Services.
The Company reserves the right to modify or replace the Terms at any time, with or without notice, by updating this document and posting the effective date in the Terms. The most recent version of the Terms will be posted on the Service under the link "Terms and Conditions." By continuing to access the Service after the Terms is updated, you agree to accept the most recent version of the Terms in use on the Service.
Last modified March 11, 2017.
Terms and Conditions Highlights
- The buyer needs to be at least 21 to rent a hookah from us. If you lie, NO REFUNDS.
- The buyer is responsible to adhere to all the laws and regulations regarding smoking at their residence
- Any damage to the Hookah or it's accessories while at the buyer's place will result in a fee as described in section 2G
1. Use of the Service
(a) The Company provides delivery and rental of hookahs, shisha, and related products within the Delivery Radius (as defined below). By using the Site or ordering any of the Services, you represent and warrant that: (i) you are at least 21 years of age and can legally purchase and use tobacco products, (ii) all information you submit to the Company is complete, accurate and truthful, and (iii) you will maintain the accuracy of such information.
(b) By using the Site or the Service, you agree that will not:
- use the Service in any way if prohibited by law in your jurisdiction;
- use the Service in any way other than as intended;
- provide tobacco to any person under 21 years of age;
- tamper with the hookah or the shisha delivered;
- decompile, decode, index, or reverse engineer the Site;
- use the Service to harass, defame, intimidate, or impersonate any other person;
- modify, distribute, reproduce, or otherwise create derivative works of any part of the Site or its content;
- interfere with the Service's accessibility, up-time, connectivity, or security; or
- use the Service if you are aware of a medical condition that prevents you from using tobacco or hookahs.
(c) By accessing the Site we grant you a limited, non-transferable, non-exclusive, revocable, personal license to use the website for personal, non-commercial reasons, subject to the Terms (the "License"). Your License may be terminated or revoked at any time without notice by the Company.
2. Hookah Delivery Services
(a) Services may be purchased through the Site. You agree to pay the Company the service fees listed on the HookahOnWheels.net website (the "Service Fees") for purchases and deliveries within the cities and towns located on the Site, which may be subject to change at any time and without notice (the "Delivery Radius").
(b) Purchases will be processed through the Company's third party payment processor. You authorize the Company to charge your credit card or other payment information (your "Payment Information") for the Service Fees.
(c) The Service Fees are nonrefundable and will be earned upon ordering through the Site. Even if you cancel your order or are unable to produce identification (as required by section 2(d) of the Terms), the Service Fees will not be refunded.
(d) Upon delivery of a hookah or any other supplies, you will be required to present state issued identification indicating that you are at least 21 years of age. Failure to produce such identification will result in the cancellation of the Services without any refund.
(e) The Company is and will remain the owner of the hookahs and equipment delivered. You shall be permitted to use each delivered hookah and equipment, provided that all hookahs and equipment must be returned by 1:00 AM.
(f) When you are finished with a hookah rental, you may call the Company for pickup. If you do not call the Company, the hookah will be automatically picked up no later than by 1:00 AM. You agree to remain in the same location as the drop-off location until the hookah is picked up.
(g) Any damage to any hookah or its parts (or any missing hookah or parts) will result in a damage charge of $85.00 to your Payment Information. You authorize the Company to make this charge if it discovers any damage to any hookah or its parts (or any missing hookah or parts) last used by you.
(h) Hookah hoses and mouthpieces may be kept by you, pursuant to the Service Fees indicated on the Site.
(i) Additional shisha, charcoal burners, and other purchases will be charged additionally as provided for on the Site.
3. Compliance with Laws and Regulations; Indemnification
(a) You agree that you will not use a hookah or any product delivered by the Company in violation of any law, rule, or ordinance. In addition, you agree that you will not use the hookah on any property in which smoking or hookah use is forbidden. You agree that if asked to discontinue use of a hookah by a person with legal or contractual authority to prevent such use, you will comply.
(b) To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and the Company's owners, officers, employees, and affiliates (collectively, "Affiliates"), from and against all liabilities, claims, expenses, and damages, including attorneys' fees, arising from or related to (i) your use of, reliance on, and access to the Site or Service, (ii) your violation of the Terms, or (iii) you use of any hookah or other product delivered by the Company.
4. Intellectual Property
(a) All content provided on the Site is property of the Company and the Company reserves all rights in and to such content. The Service's content is protected by copyright, trademark, and other laws of both the United States and other countries. Without limiting the generality of this Section 4(a), you agree not to modify, reproduce, sell, sub-license, make derivates of, or otherwise use any of the content of the Site, including (but not limited to) the phrase "Hookah on Wheels" or any of the text or images found on the Site.
5. No Warranty; Limitation of Damages
(a) THE COMPANY PROVIDES THE SITE AND THE SERVICES, INCLUDING THE HOOKAHS, SHISHA, AND OTHER PRODUCTS, ON AN "AS IS," "WHERE IS," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, OR FITNESS. THE COMPANY MAKES NO GUARANTEES OR WARRANTIES AS TO THE TRUTH, ACCURACY, USEFULNESS, SUITABILITY, OR COMPLETENESS OF THE SITE THE CONTENT THEREIN. YOU AGREE TO USE THE SITE AND THE SERVICES AT YOUR OWN RISK.
(b) THE COMPANY AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR DAMAGES, LIABILITIES, INJURIES, OR LOSSES WHATSOEVER RESULTING FROM YOUR USE OR RELIANCE ON THE SERVICES (INCLUDING SMOKING HOOKAH), WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, SPECIAL, OR PUNITIVE. YOU UNDERSTAND AND ACKNOWLEDGE THAT SMOKING MAY POSE A HEALTH RISK.
(a) The Terms shall be governed and interpreted solely in accordance laws of the State of California, without regard to any principles of the conflicts of law. Any dispute arising under, or related to, the Terms shall be brought exclusively in the state and federal courts of San Luis Obispo County, California. You consent to the exercise of personal jurisdiction and venue by such courts.
(b) The parties agree to waive their rights to participate in any class or group litigation.
(c) Notwithstanding the terms of this Section 6, each party may bring an individual action to seek injunctive or other relief in any court of competent jurisdiction to (i) prevent the actual or threatened infringement of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights or (ii) prevent the tortious interference with a business practice.
(a) The Terms, coupled with any terms found on the Site during the purchase of any Services, represents the complete and entire agreement between you and the Company regarding the use of the Service and the Site.
(b) If any provision of the Terms is held to be invalid or unenforceable, the remainder of the Terms shall continue in full force and effect to the maximum extent allowed by law.
(c) Either party's failure or delay in exercising any right, power or privilege under the Terms shall not operate as a waiver of such right.