TERMS AND CONDITIONS

Terms of Service

THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND BWDV, (“WE” OR “BWDV”), THE OWNER AND OPERATOR OF THE www.bwdv.co.za WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD TO IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE.

By signing up, you represent, acknowledge and agree that you are of legal smoking age and fully aware of the following warnings:

WARNING: Products included in BWDV contain nicotine (Unless stated), a poisonous and addictive substance. Products and accessories included in BWDV are only intended for committed smokers of legal smoking age and not by non-smokers, children, women who are pregnant or may become pregnant or any person with an elevated risk of, or pre-existing condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure or asthma. If you experience any side effects or possible side effects, stop using the product immediately and consult a physician. Products included in BWDV may be poisonous if inhaled, spilled on skin or orally ingested. Products included in BWDV are not smoking cessation products and have not been tested or guaranteed as such. Products included in BWDV have not been evaluated by the Food and Drug Administration nor is it intended to treat, prevent or cure any disease or condition. Products and accessories included in BWDV are only to be charged and used with their compatible charging devices, incorrect charging (including USB, car adapters and iPhone chargers) may cause risk of explosion. For their protection, please keep out of reach of children and pets.

WARNING: Products included in BWDV, specifically E-Liquid and liquid nicotine, should not be directly disposed of in the trash please mix it first with kitty litter, sawdust or other absorbent material and place it in a sealed bag or double bag and then dispose of it in your trash can. This applies to low nicotine concentrations below 10% by volume (100mg Strength).

1 – CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY

1.1 – Changes to the site

BWDV may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.

1.2 – Personal Information/Privacy

Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships. BWDV reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data.

 

2 – PASSWORDS; USE OF SITE

2.1 – Passwords

You may utilize the functionality on the Site that allows you to log in to this Site by using your log in credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook and LinkedIn (“Third Party Site Log-in Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy.  Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to this Site using your Third Party Site Log-in Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.

You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify BWDV if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.

2.2 – Use of Site; Prohibitions

Subject to your compliance with this Agreement, BWDV hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.

You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of BWDV or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.

2.4 – Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

3 – TERMS OF SALE

3.1 – Sales of Products and Memberships to End Users Only

BWDV sends electronic cigarette products that contain nicotine (the “Product(s)”) to end-user customers of legal majority age (18+ in the South Africa) who purchase to receive the Products for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

3.2 – Pricing

BWDV reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.

3.3 – Refund/Cancellation Policy

CANCELING YOUR ORDER: You may cancel your order at anytime, just contact us.

If you are dissatisfied with the Product for any reason, contact BWDV so that we can remedy the issue. Refund requests must be made directly to BWDV. All refund requests must be made within thirty (30) days of the date of shipment by BWDV. BWDV is not liable for products that are damaged or lost in transit to BWDV.

Promptly following BWDV’s receipt of your request (typically within five (5) business days), BWDV will credit the amount paid for the returned product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the bank card you used to make the original purchase.

BWDV will not provide a refund for a request that is received by BWDV more than thirty (30) days after the date of original shipment. BWDV also does not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

3.4 – Payment Methods; Automatic Membership Renewals and Membership Cancellation Policy

You agree to pay all fees charged to your account based on BWDV’s fees, charges, and billing terms in effect as shown on the payment page you first sign-up for on the Site. You are also responsible for paying any sales, shipping and handling fees that may apply to your purchase of Products based on the address that you provide as the shipping address when you register, and you authorize BWDV or the third party payment processing service. All payments shall be made in advance prior to shipping the Products. If you do not pay on time for any reason, BWDV reserves the right to either suspend or terminate your order and terminate these Terms of Service. All sales and payments will be in Rands.

3.5 – Shipping and Product Acceptance

The shipment date will be determined according to the advertised date. Shipping dates are estimates only. All shipments are sent via courier. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.

3.6 – Geographic Restrictions

The owner of the Site is based in Pretoria, South Africa. We provide this Site for use only by persons located in jurisdictions in which the Site’s Content, Services and Products are legal. We make no claims that the Site or any of its content is accessible or appropriate outside of the South Africa. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside South Africa, you do so on your own initiative and are responsible for compliance with local laws.

5 – PROPRIETARY RIGHTS

You hereby acknowledge and agree that BWDV or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.

BWDV, are trademarks of BWDV. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of BWDV. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, re transmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

6 – THIRD PARTY SITES; INDEMNIFICATION

6.1 – Third Party Web Sites

The Site may provide links to third party Sites that are not owned or controlled by BWDV, including, without limitation, Facebook, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. BWDV does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

6.2 – Indemnification

You agree to defend, indemnify and hold harmless the BWDV, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Site, including, but not limited to any use of the Site’s Content, Services and Products other than as expressly authorized in this Agreement or your use of any information obtained from the Site.

7 – DISCLAIMER OF WARRANTIES

THE SITE, CONTENT AND PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. BWDV, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “BWDV PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.

THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND BWDV. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BWDV OR ANY PERSON ON BEHALF OF BWDV SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.

NOTHING IN THIS SECTION 6 SHALL EXCLUDE OR LIMIT THE BWDV PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8 – LIMITATION OF LIABILITY

8.1 – IN NO EVENT SHALL ANY BWDV PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A BWDV PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 – IF, NOT WITHSTANDING THE FOREGOING, A BWDV PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, THE RELEVANT BWDV PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID BWDV FOR THE PRODUCTS OR MEMBERSHIP.

8.3 – NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT ANY BWDV PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH BWDV PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

10 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS

10.1 – Electronic Communications

Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. 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, to the extent permitted by applicable law.

10.2 – General Terms

BWDV may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in BWDV’s sole discretion, including without limitation breach of this agreement and/or violation of the Terms of Service, BWDV’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to BWDV or another user of the Site. This Agreement and the Privacy Policy constitute the entire agreement between you and BWDV regarding its subject matter. BWDV will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of BWDV to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. This Agreement is only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified BWDV Party shall be a third party beneficiary hereunder. BWDV may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, BWDV’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Memberships shall survive such termination.