TERMS & CONDITIONS


These terms and conditions outline the rules and regulations for the use of Smoke Arsenal's Website, located at www.smokearsenal.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Smoke Arsenal if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.


Reservation Of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.


License

Unless otherwise stated, Smoke Arsenal and/or its licensors own the intellectual property rights for all material on Smoke Arsenal. All intellectual property rights are reserved. You may access this from Smoke Arsenal for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Smoke Arsenal
  • Sell, rent or sub-license material from Smoke Arsenal
  • Reproduce, duplicate or copy material from Smoke Arsenal
  • Redistribute content from Smoke Arsenal

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Smoke Arsenal does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Smoke Arsenal,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Smoke Arsenal shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Smoke Arsenal reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Smoke Arsenal a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.


Cookies

We employ the use of cookies. By accessing Smoke Arsenal, you agreed to use cookies in agreement with the Smoke Arsenal's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.


Hyperlinking To Our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Smoke Arsenal; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Smoke Arsenal. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Smoke Arsenal's logo or other artwork will be allowed for linking absent a trademark license agreement.


IFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.


Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.


Removal Of Links From Our Website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.


Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.


Indemnity Agreement for Excise Duty

This Indemnity Agreement (the "Agreement") is entered into by and between Smoke Arsenal inc., located at 290 Carlingview Dr, Etobicoke, ON M9W 5G1, and [Retailer Legal Entity Name], with its principal office at [Retailer Legal Registered Office Address] (collectively referred to as the "Parties," and individually as a "Party"). This Agreement shall become effective on the date of the last signature by the Parties (the "Effective Date").

WHEREAS:

1. The Retailer is engaged in operating physical retail outlets, e-commerce platforms, wholesale distribution channels, or a combination of these, and offers certain vaping products for sale or consumption, either manufactured domestically or imported into Canada, all of which are subject to the Excise Act, 2001 (the "Act").

2. The Parties maintain a non-exclusive supplier-retailer relationship, wherein Smoke Arsenal Inc. sells vaping products (the "Products") to the Retailer, which are regulated under the Act and the Customs Act.

3. The Retailer acknowledges its responsibility under the Act and the Customs Act to pay the applicable duties on the Products. The Retailer understands its obligation to remit vaping duty and any additional vaping duty required at the time of reporting to the respective governmental authorities.

NOW, THEREFORE, in consideration of the mutual promises, and other valuable consideration, the sufficiency of which is acknowledged by both Parties, the following terms are agreed upon:

1. Acknowledgment of Additional Excise Duty

The Retailer acknowledges that under the Act, particularly Section 158.58, and Section 3 of the Excise Duties on Vaping Products Regulations (the "Regulations"), vaping products intended for consumption, use, or sale to consumers in Ontario, Quebec, Northwest Territories, Nunavut, and any other provinces listed in Section 2 of the Regulations (collectively, the "Additional Duty Provinces") are subject to an additional excise duty and must be stamped as duty-paid for the applicable province.

By placing orders for Products with Smoke Arsenal Inc., the Retailer (a) affirms its understanding of and compliance with this Agreement, (b) represents that it has the legal authority to enter into this Agreement and bind any organization it represents, and (c) agrees to abide by the terms set forth herein. Should the Retailer fail to comply, it acknowledges that it cannot place orders with Smoke Arsenal Inc. and that Smoke Arsenal Inc. reserves the right to cancel existing orders without liability.

2. Representation and Warranty

The Retailer warrants that it will not place orders for Products intended for sale, consumption, or use in any Additional Duty Provinces unless those products are properly stamped for the applicable province. The Retailer acknowledges that the Regulations, effective as of July 1, 2024, allow for a transition period until September 30, 2024. After this date, all Products intended for Additional Duty Provinces must be stamped as duty-paid. The Retailer agrees to fully comply with the Act, the Customs Act, the Customs Tariffs, and all applicable legislative and regulatory requirements (collectively, the "Regulatory Requirements").

3. Indemnification

The Retailer agrees to indemnify, defend, and hold harmless Smoke Arsenal Inc. from and against any and all claims, losses, liabilities, damages, penalties, costs, or expenses, including reasonable legal fees, arising out of the Retailer’s use, sale, or distribution of Products in the Additional Duty Provinces or any breach of the Regulatory Requirements. In no event will Smoke Arsenal Inc. be liable for any incidental, indirect, or consequential damages, including loss of profits, goodwill, or business, arising from the Retailer’s non-compliance with this Agreement or the Regulatory Requirements.

4. Disclosure

Upon request by Smoke Arsenal Inc., the Retailer agrees to provide relevant documentation, including distribution records, to verify compliance with the Regulatory Requirements. This may be necessary if Smoke Arsenal Inc. is subjected to inquiries or penalties by the Canada Revenue Agency, Canada Border Services Agency, or other authorities. The Retailer also agrees to furnish, upon request, all relevant documents, records, and information pertaining to the Products for auditing and compliance verification purposes.

5. Binding Nature and Severability

This Agreement shall be binding upon and benefit the Parties, their successors, affiliates, and legal representatives. If any term of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, such term shall be severable, and the remainder of the Agreement shall continue in full force and effect.

6. Independent Legal Advice

Each Party acknowledges that it has had the opportunity to seek independent legal counsel prior to executing this Agreement. By signing, each Party confirms either obtaining such advice or waiving the right to do so.

7. Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of the Province of [Province], without regard to its conflict of law principles.

8. Termination

Either Party may terminate this Agreement by providing written notice to the other Party. Notwithstanding such termination, the provisions concerning indemnification, liability, and any disclaimers of warranties shall survive the termination of this Agreement.

9. Entire Agreement

This Agreement represents the entire agreement between the Parties concerning its subject matter and supersedes all prior agreements, representations, and understandings, whether written or oral, relating to the same.

10. Counterparts

This Agreement may be executed in multiple counterparts, including electronic signatures, each of which shall be deemed an original and all of which together shall constitute the same Agreement.


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