Terms & Conditions
When used in this Agreement, the following definitions and rules of interpretation shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Account” means the Account you create with Euphoria using your electronic mail (e-mail) account, or certain third-party social networking accounts including Facebook and Google, to access the Website;
“Applicable Law(s)” means the relevant commercial and/or digital laws of the UAE and any country or region from where you are accessing the Website;
“Content” means any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view on, access, or otherwise interact with through the Website;
“Intellectual Property” means all (i) patents, improvements thereof, patent applications and registrations, inventions (whether patentable or not) (ii) trademarks, trade names, trade-mark applications and registrations service marks, domain logos and designs; (iii) copyrights, copyright applications and registrations; (iv) trade secrets, know-how, and other intellectual property; and (v) computer systems and applications software, including all documentation and modifications thereof;
“Minor” has its meaning given to it under Clause 9.16;
“Order(s)” means any Product(s) purchased by the User, which shall be paid for in person;
“Euphoria” means Euphoric Smoking & Tobacco Devices Trading Co LLC holding trade license number 1023481 and their respective directors, agents, servants, officers, and employees;
“Policies” means any terms, conditions, and policies (separate from these Terms), made available on the Website;
“Product(s)” means any/all shisha Product(s) listed for sale on our Website;
“Product Description” means and includes the description, images, availability, limitations, and safety measures, of the relevant Product(s). The Product Description varies from one Product to another;
“Terms” means the clauses of these Terms and Conditions;
“Total Amount” has meaning given to it under Clause 7.2;
“Use” has meaning given to it under Clause 6.3 (ii);
“User” means the Account holder on the Website who is buying the Products on sale by Euphoria;
“VAT” means value added tax, deemed payable pursuant to the Federal Tax Authority regulations;
“Website” means the Website www.euphoria-uae.com owned by Euphoria to provide and facilitate e-commerce services such as the sale and purchase of Product(s) to the User.
3. USE OF THE WEBSITE
3.1 In order to use and access certain features of the Website, the User(s) may either: (a) create an Account using their e-mail address; (b) create an Account using certain third-party social networking including Facebook and Google; or (c) make direct purchases using the guest checkout option.
3.2 Should the User wish to create an Account, then the User must provide complete and accurate information, and warrant to update such information as and when required. The User must keep their password confidential and is solely responsible for maintaining the confidentiality and security of their own Account, all changes and updates submitted through their Account, and all activities that occur in connection with their Account. The User is encouraged to use strong passwords, with a combination of upper-case and lower-case letters, numbers, and symbols.
3.3 In creating an Account, you represent and warrant that all information provided to us in such process is true, accurate, and correct, and that you will update your information as and when necessary in order to keep it recent. You may not impersonate any person or entity, create, or use an Account for anyone other than yourself, provide an e-mail address other than your own, provide or use false information to obtain access to the Website that you are not legally entitled to claim, or otherwise mislead as to the origin of a card or other content. You acknowledge that any access to Euphoria using falsely claimed Accounts may cause us, or third parties, to incur substantial economic damages and losses for which you may be held liable and accountable.
3.5The Website shall include an external link to Euhoria Instagram page.
3.6 We may also select certain websites as priority responses to search terms that you enter, and we agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend, nor do we endorse, the content of any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within our Website, third-party websites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any service(s) advertised on the Website.
3.7 The User represents and warrants that you are at least eighteen (18) years of age and are able to enter into legally binding agreements, and are of legal age to smoke. Please note that you shall be requested to show proof of identification once the Product(s) are delivered to your designated delivery address.
3.8 We reserve the right to amend these Terms at any time without prior notice, and the Users’ continued use of the Website following the amendments represents the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using the Website.
3.9 We may, from time to time, decide to change, update, or discontinue certain features of the Website. You agree and understand that we have no obligation to store or maintain your Content or other information you provide, except to the extent required by the Applicable Law(s).
3.10 Some Content you see or otherwise access on, or through the Website, is used for commercial purposes. You agree and understand that we may place advertising and promotions on the Website alongside, near, adjacent, or otherwise in close proximity to your Content for commercial purposes.
3.11 In the event of any breach or violation of any Terms hereunder, Euphoria reserves the right to pursue legal remedies available under the Applicable Law(s).
4. PROHIBITED ACTIVITIES
4.1 The Content and information available on the Website are proprietary to Euphoria or licensed to Euphoria by third parties. Users agree that they shall not engage in any of the following activities in connection with your use of the Website:
i. post information on the Website that is obscene, defamatory, threatening, or malicious in nature, or any other material that is prohibited by the Applicable Law(s);
ii. publish any copyright material, or material protected by any other Intellectual Property rights, unless a legal right to use and post such material has been obtained and is valid at the time of posting;
iii. infringe or use Euphoria brand, logo(s), and/or trademark(s) in any business name, e-mail, URL, or other context unless expressly approved in writing by the owner of the Intellectual Property as applicable;
iv. attempt to circumvent any protective technological measure associated with the Website;
v. violate the restrictions of any robot exclusion headers on the Website, bypass, or circumvent their measures employed to prevent or limit access to the Website;
vi. access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any Content of the Website, including, but not limited to, User profiles and photos, using any robot, spider, scraper, or other automated means, or any manual process for any purpose not in accordance with these Terms, or without the express written authorisation from Euphoria;
vii. attempt to access or search the Website or any Content contained therein through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers (such as search engines like Google and Yahoo);
viii. download any Content unless it is expressly made available for download by Euphoria from the Website;
ix. post, upload, transmit, or otherwise distribute chain letters, pyramid schemes, advertising, or spam;
x. impersonate or misrepresent your affiliation with another person or entity;
xi. harvest or otherwise collect information about others, including telephone numbers for unlawful purposes;
xii. interfere with, or disrupt any of the associated computer or technical delivery systems;
xiii. interfere with, or attempt to interfere with, the access of any User, host, or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
xiv. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website; and
xv. use the Website, or any Content on the Website, in any manner not permitted by these Terms.
4.2 Users agree not to use the Website in any way or action that may:
i. cause damage to, or impair the performance of the Website, inclusive of its availability and accessibility to Users and Euphoria;
ii. be illegal, fraudulent, or harmful to any person or company in any direct or indirect manner; and
iii. use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
5. PROHIBITED ITEMS
You agree to not sell, purchase, or transmit photos, videos, graphics, links, or any other form of print or digital media of items that are not permitted to be sold, purchased, and listed for sale on the Website, through the Website, as per the relevant Applicable Laws. These prohibited items may include, but are not limited to:
i. Alcohol, drugs, narcotics, controlled substances in any form, and any related products thereof;
ii. Adult and mature content including any related products thereof;
iii. Gambling tools, machinery, and other items that facilitate gambling;
v. Illegal wildlife products;
vi. Nylon fishing nets;
vii. Live animals, insects, pets, marine life, and any other mammals and species;
viii. Counterfeit and replica items, unauthorised recordings, pirated copies, or any other unauthorised items;
ix. Used, reconditioned, and inlaid tyres;
x. Radioactive and nuclear material and any devices or containment units for the storage or transportation of these materials;
xi. Items that contradict Islamic faith and public morals as is expected in the UAE;
xii. Dangerous items;
xv. Food items;
xvi. Illegal items or items encouraging illegal activity;
xvii. Intangible items and advertisements for the provision of services;
xviii. Medicines and/or pharmaceutical items;
xix. Offensive materials; and
xx. Any other goods or items, the importation of which is prohibited under the Common Customs Law or any other law or regulation applicable in the UAE.
6.1 Ownership of Euphoria Content and Intellectual Property Rights
i. Subject to the express provisions of these Terms, we own, control, license, or reserve all Intellectual Property rights and Content used on the Website. You agree not to use, remove, alter, modify, create derivative works of, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website or Content. You must not use any part of the Content on our Website for commercial purposes without first obtaining a license to do so from us or our licensors;
ii. Any/all Content posted on the Website and/or submitted by the Users to Euphoria has been licensed to Euphoria for any/all purposes that Euphoria may deem necessary in order to run the Website. We authorise you to view or download a single copy of the material on the Website solely for your personal, non-commercial use, if you include the copyright notice located at the end of the material, for example: “©2021, Euphoria All rights reserved” and other copyright and proprietary rights notices that are contained in the Content;
iii. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property, and other Applicable Law(s). Content and features are subject to change or termination without notice in the editorial discretion of Euphoria. All rights not expressly granted herein are reserved to Euphoria and its licensors.
6.2 Your License to Euphoria Content
i. We grant you a personal, limited, non-exclusive, and non-transferable license to access and use the Website only as expressly permitted in these Terms. You shall not use the Website for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Website solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our Content in whole or in part, except as expressly authorised by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our Content or Intellectual Property rights;
ii. If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the materials. You may also be potentially liable for Intellectual Property rights infringement based on the circumstances.
6.3 Euphoria License to User Content
i. Upon submission of Your Content, you hereby grant Euphoria a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable, and transferable right to use Your Content and all Intellectual Property rights therein for any purpose or Use that we deem necessary;
ii. For the avoidance of doubt, “Use” means, but is not limited to, use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialise, and create derivative works of;
iii. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or our Users;
iv. You represent and warrant that Your Content is accurate, that the use of Your Content does not violate these Terms and will not cause injury to any person or entity, and that you will indemnify Euphoria from any/all claims resulting from Your Content;
v. We reserve the right, at any time and without prior notice, to remove, block, or disable access to whole or any part of Your Content or Your Account that we, for any reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Website or our Users at our sole discretion. Subject to the requirements of the Applicable Law(s), we are not obligated to return any of Your Content to you under any circumstances and assume no liability for any Content posted by You.
7. ORDER AND PAYMENT PROCESS
7.1 Should Users wish to place an Order through our Website, the User must click on the ‘Order Now’ tab. Users may then pick a Product(s) of their choosing and proceed to checkout.
7.2Upon checkout, the Total Amount to be paid is the sum of the Total Amount for all the Product(s) purchased (“Total Amount”). This shall include five percent (5%) VAT as per the applicable taxation laws. Euphoria reserves the right to change the prices at any time, without prior notice to the Users and at our sole discretion.
7.3 The methods of payment shall be either cash or card on delivery. Any additional fees and charges that arise out of your choice of opting for cash on delivery, including, but not limited to, delivery costs, would be solely borne by you. If you refuse to accept a cash on delivery order once it has arrived at your designated address, you may be blacklisted and your Account may be temporarily or indefinitely suspended and/or terminated.
7.4 Please note that the User shall be required to pay a security deposit of one thousand Dirhams (AED 1,000) which shall be fully returned back to the User once they have returned the Product(s), unless the circumstances in Clauses 7.11, 7.12, and 7.14 apply. Such security deposit shall be paid upon delivery.
7.5 Euphoria shall not be held liable for the inappropriate or incorrect use of any Product(s) listed, any injuries, and/or damages sustained from any use other than the intended use as per the Product Description.
7.6 Purchasing a Product in any other way than intended shall not be tolerated on our Website and may result in Account review and action, including temporary or indefinite suspension and/or termination.
7.7 We shall endeavor, to the best of our abilities, to ensure that all deliveries reach the User in a safe and timely manner.
7.8 The User shall be solely responsible for providing correct and accurate information with respect to their personal details, including, but not limited to, the designated address and contact details, and ensure that the User is available at the scheduled time of delivery (if applicable). Euphoria shall bear no liability whatsoever with respect to any/all delivery issues due to incorrect or inaccurate User information, and/or due to the User’s non-responsiveness and inability to receive the Order upon the scheduled time of delivery.
7.9 For any issues with regards to the Order(s) and/or Product(s), please contact our customer service, found under our ‘Contact’ section of our Website.
Breakages, Cancellations, Returns, and Refunds
7.10 Should you damage or break any equipment whist on hire you are liable to pay a fee of up to one thousand five hundred Dirhams (AED 1,500), and shall be able to keep the Product(s) in your possession.
i. You shall be provided with the contact details of the delivery aggregator should you wish to cancel any Order(s) placed. Please note that you shall not be able to cancel any Order(s) whatsoever once you have paid for the same upon delivery. In the event the User wishes to return a Product, they may only do so under the following circumstances:
7.11 Should you fail to return the Product(s) within twenty-four (24) hours, there shall be an extra hire charge as per every 24 hours of (AED 50) until all items have been returned/collected.
7.12 Should you fail to return the Product(s) entirely, you shall be liable to pay a fee of one thousand five hundred Dirhams (AED 1,500), and shall be able to keep the Product(s) in your possession.
7.13 The following Product categories cannot be returned under any circumstances due to health, safety, and hygiene reasons:
i. The shisha pipe; and
ii. any other Product(s) that may be deemed unsanitary to return.
7.14 Please note that the following charges shall apply should you lose and/or damage the following items:
i. Shisha (in whole or in part): one thousand five hundred Dirhams (AED 1,500);
ii. Shisha glass vase: Two hundred & fifty Dirhams (AED 250);
iii. Charcoal heater: one hundred Dirhams (AED 100);
iv. Shisha head: one hundred Dirhams (AED 100);
v. Kaloud: Fifty Dirhams (AED 50);
vi. LED light: Fifty Dirhams (AED 50);
vii. Charcoal clips: Fifty Dirhams (AED 50).
7.15 For any other situation, please contact our customer service, found under our ‘Contact Us’ section of our Website, who will be able to assist you based on your specific inquiry and/or complaint.
8. WARRANTIES AND REPRESENTATIONS
8.1 You agree and acknowledge that the Website is provided on an “as is” basis. Except as otherwise specifically set forth herein, Euphoria does not make, and hereby disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality, fitness for a particular use or purpose, technical performance, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade and services.
8.2 We make no warranty that the Website or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness, or reliability of any Content obtained through the Website. No information provided through the Website or by us, whether in oral or written form, will create any warranty not expressly made herein. Your reliance upon the Content obtained or used by you through the Website is solely at your own risk.
8.3 Euphoria does not endorse any Content posted, submitted, or otherwise provided by any User, or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection to such Content. You agree that we are not responsible for the accuracy, consistency, or completeness of information uploaded and displayed on our Website.
8.4 Euphoria takes no responsibility and assumes no liability for any Content posted, stored, transmitted, or uploaded to the Website by you (in the case of Your Content), or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.
8.5 Users acknowledge that Euphoria may store, record, or document any information exchanged between Users and Euphoria, and that Euphoria uses the most up-to date applications and security systems to ensure that all data entered online, through the Website, is encrypted.
8.6 Users must ensure the accuracy and authenticity of any and all information they supply to us through the Website including, but not limited to, personal data, as well as information supplied by the User on behalf of any third-party the User wishes to refer to Euphoria.
8.7 Users acknowledge that Euphoria will process personal data including, but not limited to, names and e-mail addresses in order to provide continued access to the Website, make improvements to the Website, and prevent unauthorised use of the Website.
8.8 Users agree that Euphoria is not responsible now or at any time in the future for any unauthorised access including, but not limited to, any virus or other harmful code that may infect the User’s computer, tablet, smartphone, or any other such device as a result of using the Website.
8.9 Users accept that Euphoria will not be held responsible and/or liable for any misrepresentations made by the User.
8.10 Users shall be responsible for obtaining, maintaining, and setting up any equipment and/or hardware required to access and use the Website and the User shall take responsibility for the protection of this equipment and/or hardware by using up-to-date virus protection, personal firewalls, and any other suitable measures the User deems necessary to ensure the security of the Website is not compromised.
8.11 Users accept that Euphoria shall not be held liable in the event the Website transmits information that has been accessed, altered, and/or corrupted.
8.12 Users accept that Euphoria may be required to suspend access to the Website for periodic maintenance and/or unforeseen downtime and may do so at its own sole discretion without serving any prior notice.
8.13 All interactions between Users and Euphoria must be carried out in a responsible, ethical, professional, and legal manner.
8.14 We may do any or all of the following without notice:
i. investigate your use of the Website as we deem appropriate to comply with any Applicable Law(s), regulation(s), government request(s), or legal process(es);
ii. terminate your access to the Website, and suspend your Account temporarily or indefinitely, upon our determining on whether you have violated these Terms; and
iii. edit the Website and any Content without giving you prior notice.
8.15 While using the Website, you make the following representations and warranties to Euphoria:
i. you are eighteen (18) years of age or older and are legally allowed to use the Website; and
ii. you acknowledge and understand that you are solely responsible for any information you may choose to disclose to Euphoria.
8.16 The Products advertised on the Website shall be made available to Users of the minimum age of eighteen (18). We are committed to protecting the privacy of children. Hence, we do not encourage persons under the age of 18 (“Minor”) to use the Website. We do not personally collect identifiable information from any person we know is a Minor.
8.17 In the event, a Minor has (i) created an Account; (ii) used an Account belonging to the parent/guardian/adult; and/or (iii) used the Website for any purposes, the Account holder and/or User warrants and represents that such actions are performed under the guidance of an adult after obtaining the relevant consent from the parent/guardian/adult. The User accepts that the Minor is bound by the same Terms and agrees that Euphoria is not liable or responsible for the User’s failure to act in accordance with this Clause 9.17.
8.18 When a User visits the Website or sends us e-mails, they are communicating with us electronically, and they hereby consent to receiving communications from us electronically. We will communicate with Users primarily by e-mail but may use other methods such as telephone if we deem necessary. Users agree that all agreements, notices, disclosures, and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with their current and active e-mail address.
8.19 We may share Users’ personal information with Euphoria partners and third parties licensed to access User personal information. This will include any third-party aggregators partnered with the Website, including, but not limited to, delivery aggregators, third-party payment facilitators, and any other platform and/or entity that we are engaged with in enhancing our business from time to time.
8.20 Users are responsible for taking all reasonable steps to ensure that no unauthorised person receives access to your passwords or Accounts. You grant us and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection to the operation of the Website. We do not assume any responsibility or liability for any information you submit, or third parties’ use or misuse of information transmitted or received using Website tools and services.
8.21 We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Website, and use of the Website in any manner other than expressly stated herein.
9.1 Users acknowledge and agree that smoking is injurious to one’s health and may cause early death. As such, Euphoria hereby expressly bears no liability whatsoever with regards to any User’s health conditions. Thus, we encourage our Users to consult medical professionals before engaging with any activities with the use of our Product(s).
9.2 Users acknowledge and agree that they are eighteen (18) years of age and are therefore legally allowed to engage with the activities provided through the use of our Product(s).
9.3 Users shall ensure that they do not utilise our Product(s) near children as smoking is dangerous to one’s health.
9.4 Pregnant women should avoid purchasing and using our Product(s) as smoking puts babies at risk for certain birth defects.
9.5 Users shall ensure that the Product(s) and charcoal heater(s) provided are switched off once they have finished utilising them, in order to avoid any fires. Please note that Euphoria shall bear no liability whatsoever in the case of a fire, resulting from the fault of the Users and/or the misuse of our Product(s).
9.6 Please note that once the Product(s) have been delivered to you, the User(s) shall bear any/all liability with regards to setting up and using the Product(s) as provided by our instructions.
How to set up and use the Product(s)
(1) You shall receive the following items once you have placed your Order(s):
1.1 Shisha body;
1.2 One (1) cups of tobacco flavors;
1.3 Ten (10) pieces of charcoal;
1.4 One (1) pair of tongs;
1.5 One (1) charcoal heater; and
1.6 One (1) disposable pipe;
(2) Turn on the charcoal heater and place three (3) pieces of charcoal in order to set up one (1) shisha, and wait until the three (3) pieces of charcoal become entirely red;
(3) Once the charcoal becomes entirely red, use the tong to put the pieces inside the metal kaloud for three (3) minutes in order to avoid burning your fingers;
(4) Add cold water and ice into the shisha body;
(5) Connect the disposable plastic pipe to the shisha device;
(6) Place the pre-made tobacco cup on the head of the shisha device;
(7) Place the hot metal kaloud on top of the cup with tobacco and wait for five (5) minutes;
(8) Remove one (1) piece of charcoal and place it into the charcoal heater;
(9) Please ensure that you do not touch the metal kaloud in order to avoid burning your hands;
(10) Once you have finished using the shisha, please store it in a safe place away from any children and/or pets until Euphoria comes to collect it.
10.2 We adopt standard data collection, storage, processing practices, and security measures in accordance with UAE ICT and TRA laws, in order to protect against unauthorised access, alteration, disclosure, or destruction of Users’ data stored on our Website.
11. LIMITATION OF LIABILITY
11.1 You understand and agree that in no event shall the officers, directors, employees, agents, or licensors of Euphoria be held liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection to the Content or any Product, including, but not limited to, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, or from: (1) the use or inability to use the Content; (2) unauthorised access to or alteration of Your Content; (3) statements or conduct of any User; (4) Product fault; (5) inaccurate information provided on the Website; (6) use or inability to use the Product; or (7) any other matter related to the Website and its Content, whether based on warranty, intellectual property, contract, tort (including negligence), product liability or otherwise.
11.2 We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data, or other proprietary material due to your use of our Website or to your downloading of any material posted on it.
11.3 We will not be held liable for any Content uploaded onto or downloaded from the Website. Any Content uploaded to or downloaded from the Website shall be the sole responsibility of the Users. Euphoria shall not be held liable for any Content which has been lost, stolen, destroyed or otherwise, whether uploaded to, or downloaded from the Website with or without the consent of the Users.
11.4 We shall not be held responsible for the quality, accuracy, or legitimacy of any information provided to Euphoria by Users, or to Users through the Website. You hereby acknowledge and agree that your acceptance of information provided to Euphoria is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations, or Content thereof made available to you.
11.5 Users agree that they will not bring any claim against Euphoria or any of our officers, directors, employees, agents, and licensors in respect of any losses they suffer in connection to the Website or these Terms.
11.6 Under no circumstances are Euphoria responsible for any fire damage caused to property or person(s) by its equipment due to misuse or handling by the user. The user accepts responsibility until all equipment has been removed from its property. The user Agees to placing no such claims for damage to personal property due to fire or burns from charcoal,tobacco or devices.
Users agree to indemnify, defend, protect, and hold each of us and our respective officers, directors, employees, agents, and licensors, harmless from and against any and all claims, actions, demands, liabilities, settlements, lawsuits, and costs of every kind pertaining to any violation of the law or these Terms. Such costs include, but are not limited to, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to, or use of the Website and the Content, or your violation of these Terms.
13.1 If Euphoria becomes aware of any possible violations by you of these Terms, then we reserve the right to investigate such violations. If, as a result of the investigation, we suspect or have reason to believe that criminal activity has occurred, then we shall refer the matter to any relevant applicable legal authorities.
13.2 Euphoria is entitled, except to the extent prohibited by the Applicable Law(s), to disclose any information or materials on the Website, including Your Content, to:
i. comply with Applicable Law(s), legal process(es), or governmental request(s);
ii. enforce the Terms;
iii. respond to any claims that Your Content violates the rights of third parties;
iv. respond to your requests for customer service, provided no confidential information is being divulged (customer service will only have access to details that will aid them in responding to queries regarding your Order(s), Account, or access to the Website); or
v. protect the rights, property, or personal safety of Euphoria, its Users, or the public, and all enforcement or other government officials, as Euphoria in its sole discretion deems to be necessary or appropriate.
13.3 In the event, the User has violated these Terms, Euphoria can temporarily suspend the User’s Account or indefinitely terminate the Account at our sole discretion.
If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful, or unenforceable to any extent, the Term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by the Applicable Law(s).
15.1 If we fail to insist upon strict performance of any of the Users’ obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.
15.2 Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).
16. THIRD-PARTY RIGHTS
These Terms are between the Users and us. No other third-party shall have any right to enforce any of its terms, unless expressly stated in these Terms, or as authorised in writing by Euphoria.
17. FORCE MAJEURE
17.1 Euphoria shall not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including, but not limited to, acts of God, internet failure, malfunction of data/database/software, service errors, updates to the Website (including, but not limited to, maintenance, repairs, bugs, fixtures, and any other technical issues on the Website), or otherwise, fire, flood, severe weather, explosion, war, riot, civil commotion, act of terrorism, industrial dispute (whether or not involving Euphoria employees), epidemics, pandemics, lockdowns, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities.
17.2 Euphoria reserves the right to postpone, cancel, or provide a refund as it deems fit in the event of a force majeure. Any refunds are subject to the sole discretion of Euphoria.
18. GOVERNING LAW AND JURISDICTION
18.1 These Terms shall be governed by, and construed in accordance with, the laws of the United Arab Emirates (UAE) and the respective Applicable Laws, including, but not limited to, the electronic transaction and e-commerce Laws of the UAE.
18.2 The parties irrevocably agree that the DIFC Courts shall have sole jurisdiction to settle any dispute or claim that arises out of or in connection to these Terms or its subject matter or formation (including non-contractual disputes or claims). The parties further agree and acknowledge that the Civil Courts of Dubai may be used to settle any disputes in the event that the dispute falls under the mandate of the laws of Dubai instead of the DIFC laws (pursuant to an order received from the DIFC Courts declaring the jurisdiction of the dispute falls under the Civil Courts of Dubai) and/or in the event of enforcing the DIFC Court judgment.