Terms of service

OVERVIEW
This website is operated by E XHALE (PTY) LTD. Throughout the site, the terms “we”, “us”, “our”, "company" and "E-XHALE" refer to E XHALE (PTY) LTD. E-XHALE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. "E-XHALE and subsidaries" refers to brands, employee and other company parties distributed and/ or sold. Brands included in our Terms of Service are E-XHALE, LIPI & JUICE KLOUD and may be referred to as “we”, “us”, “our” and "E-XHALE".

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to the Terms, you must not use the Website.

SECTION 1 - ONLINE STORE TERMS

  1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence to which in South Africa is 18 years and older. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
  2. You agree that you will only use the Website for your own personal, non-commercial use.
  3. You declare that by using this Website, you are 18 years or older.
  4. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
  5. You are responsible for ensuring that you have all hardware and software necessary in order to access the Website. You should use your own virus protection software when accessing the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
  6. You agree that you will not:
    1. use the Website to in any way infringe the privacy or other rights of other users of the Website or any third party;
    2. use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
    3. do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately;
    4. do anything that subjects the Website or us to any derogatory treatment or brings (or might bring) the Website or us into disrepute;
    5. data mine, screen or web scrape or crawl this Website, its pages or its content or use any process or processes that send automated queries to this Website unless you have obtained our prior written consent;
    6. misuse or do anything that disrupts all or any part of the Website, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful; or
    7. state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to the Website.
    8. We do not guarantee that the Website will be secure or free from bugs or viruses.
7. OUR CONTENT
  1. All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trade marks, logos and other content available on this Website (“Content”) are owned by us or used with permission.
  2. Although you can copy any part of this Website to your own computer for your personal use, you may not copy or incorporate any of the Content available on the Website into any other work, including your own website, or use the Content in any other public or commercial manner. Our status (and that of any identified contributors) as authors of the Content must always be acknowledged. You may not post or redistribute any portion of our Website unless you have a license from us to do so. We retain full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.
  3. You may not change any of the notices regarding copyright, trade marks or other marks that may accompany the Content. You may link to the home page of our Website, but may not use our Content in your own site. You may not deep link (i.e. link to any page other than the home page) to our Website or frame our Website on other websites without our specific written permission.
  4. Unless otherwise specified, all trade marks used on this Website are the property of E-XHALE or our group companies.
  5. If you print-off, copy or download the Content in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
8. PROMOTIONS AND COMPETITIONS
  1. We may from time to time run promotions and/or competitions to build brand loyalty, grow brand awareness, reward and/or incentivize our customers.
  2. Promotions are unless specifically stated otherwise subject to limited duration or limited stock availability as stated in promotion specific material.
  3. Promotions are conducted independently of each other and you cannot use promotional items of one promotion to benefit from another concurrently running promotion.
  4. Promotions may be subject to further specific terms and conditions which will be stated in the promotion specific material.
  5. Competitions will be subject to the general competition rules as stated in this Website and such further competition specific terms and conditions as stated in the competition specific material.
  6. Please note that unless specifically stated to the contrary only 1 (one) promotion can be applied per cart.
9. LIABILITY
  1. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. use of, or inability to use, the Website; or
    2. use of or reliance on any content displayed on the Website.
    3. If you are a business user, please note that in particular, we will not be liable for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. loss of business opportunity, goodwill or reputation; or
      5. any indirect or consequential loss or damage.Please note that we only provide the Website for domestic and private use. You agree not to use our Website for any commercial or business purposes.
  2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
  3. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
  4. Nothing in these Terms limits or excludes our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
  5. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
  6. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms of service.
10. EVENTS OF CIRCUMSTANCES BEYOND OUR CONTROL
  1. We will not be liable in any way for loss, damage or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Terms caused by any circumstances beyond our control, which include but are not limited to vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, pandemics, strike, lock-out or other industrial disputes (whether or not involving our company employees and/ or representatives).
11. ADDITIONAL IMPORTANT TERMS OF SERVICE
  1. Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail.
  2. Our reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to their subject matter. We and you will be legally bound by these Terms.
  3. All products purchased online are subject to availability. We reserve the right to substitute any product with another without giving notice.
  4. If a court finds part of these Terms illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If a court or relevant authority decides that any of these Terms are unlawful, invalid or unenforceable, this will not affect the validity of the remaining Terms which will remain in full force and effect.


SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall E-XHALE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless E-XHALE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

SECTION 19 - CHANGES TO TERMS OF SERVICE

1. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

2. Payment options accepted
Payments are made via our portal, we do not accept EFT payments or cash deposits for online orders.

3. Card acquiring and security
Card transactions will be acquired for E XHALE (PTY) LTD via PayGate (Pty) Ltd who are the approved payment gateway for all South African
Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
website. Users may go to www.paygate.co.za to view their security certificate and security policy.

4. Customer details separate from card details
Customer details will be stored by E XHALE (PTY) LTD separately from card details which are entered by the client on DPO PayGate’s secure site.
For more detail on DPO PayGate refer to www.paygate.co.za.

5. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR) or otherwise specified.

6. Country of domicile
This website is governed by the laws of South Africa and E XHALE (PTY) LTD chooses as its domicilium citandi et executandi for all purposes under
this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature Port Elizabeth, South Africa, 6070.

7. Variation
E XHALE (PTY) LTD may, in its sole discretion, change this agreement or any part thereof at any time without notice.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@e-xhale.com

SECTION 21 - IDEMNITY & RISK OF USE

  1. Warning E-XHALE and its subsidiaries and/or linked parties are not responsible or/and accountable for any bodily injury or/ and death as a result of use of products sold and/or distributed. E-XHALE referred further as the Company, reference to “you” shall include all parties/ customers/ individuals with intention to use and/ or consume the product contained within packet to which this is stated on. By opening the products packet/ box/ container and use and/ or consumption of its contents you are agreeing to all possible dangers and risks to which may result in bodily injury or/ and death and shall not hold the brand, company, partners or/ and any linked parties responsible. The company does not manufacture, assemble or have any control over the such quality control to which results in the final product, and therefore is not responsible for any defects to which may result in bodily injury or/ and death. This product contains chemical contents including nicotine (EC 200-193-3) to which is harmful, by opening the packet/ box/ container and consuming contents you agree that company is not responsible for any bodily injury or/ and death as a result of correct use or improper use. This product is restricted to a minimum age of 18+ by company or higher in the respective country, the company is not responsible should a minor be in possession of the company’s products. Through the use and/ or consumption of this product you are agreeing to all aforementioned terms and conditions, with acknowledgement that company has the right to change these terms and conditions without notice and/ or updating the packet/ box/ container. The packet/ box/ container services as an indemnity waiver, that all risks associated with the use/ consumption of this product is not the responsibility of company, by using or/ and consuming this product you are agreeing to all of the aforementioned risks. Similar warnings are available on products sold, as a customer ensure to read all warnings prior to use and understand risks in this Terms of Service.
  2. E-XHALE and subsidiary products sold puff counts indicated is an "Up to [Puffs]" communicates a maximum limit or/ and range, not a guarantee of puff count, user results will vary.  “Up to [Puffs]” should be read as a marketable range and not what guaranteed results will be. “Up to [Puffs]” range refers to from one puff of device up to marketed range of puffs, which will differ per user. There is no industry standard to measure a "Puff", however we approximate a variable of device inhalation at the optimum airflow resistance under one-point-five (1.5) seconds, with thirty (30) second intervals to obtain best longevity of device.
  3.  “Usable e-liquid: [ ml]” should be read as the approximate e-liquid usable, e-liquid can vary per device. A tolerance of up to twice below or greater the stated “Usable e-liquid: [ ml]” to be read & understood prior to opening of the device packet/ box/ container. As a customer you are able to return the product for a full refund or similar compensation at place of purchase, noting T&C’s regarding company returns & replacements. The brand and subsequent companies rely on third party factories in different countries for all product specifications information provided and manufacturing, and should be deemed as an approximation including but not limited to the packaging “Usable e-liquid: [ ml]”, variances may occur.
  4. Nicotine strength accurate to within industry standard tolerance. Actual concentration may vary due to manufacturing and storage conditions. Nicotine “free” or “0%” products can be manufactured in the same environment resulting in traces of nicotine and/ or other chemicals.
  5. All devices sold may contain traces of other ingrediants which may not form part of the primary ingrediants list on packaging.
  6. Product Use Warning – Choking & Pouch/ Mint Integrity
    1. Choking Hazard. Nicotine pouches are not edible and pose a choking risk if swallowed. Nicotine Mints pose a choking risk. These products are small and must be kept out of reach of children and pets. Accidental ingestion may cause serious health complications and requires immediate medical attention.
    2. Risk of Pouch Breakage. While nicotine pouches are manufactured to maintain integrity during use, physical damage (e.g. biting, tearing, exposure to heat or moisture) may cause the pouch to rupture or leak nicotine-containing contents. This may cause irritation or adverse effects if swallowed or exposed to sensitive areas of the mouth.
    3. Safe Handling. Users are advised to place pouches gently between the gum and lip, without chewing, biting, or manipulating the pouch during use. Do not sleep with a pouch in your mouth. Discard used pouches responsibly.
  7. Indemnification
    1. By purchasing and using this product, the customer agrees to indemnify and hold harmless E-XHALE and subsidiaries against any claims or liabilities arising from: Choking or ingestion; Improper use or misuse; Pouch leakage or breakage; Adverse reactions due to individual sensitivity or misuse.
  8. Product Use Warning: 
    1. WARNING: CONTAINS NICOTINE
    2. Nicotine is a highly addictive chemical. Use of this product can be harmful to your health.
    3. Products Covered. This warning applies to:
        1. Nicotine pouches (oral, non-combustible),
        2. Nicotine mints and lozenges,
        3. Vaping devices and e-liquids (disposable devices & device batteries included)
        4. 0% Nicotine products (traces of nicotine may be found)
    4. Health Risks & Usage Cautions:
        1.  Nicotine Addiction.
        2. These products contain nicotine, which is addictive and may pose health risks including increased heart rate, elevated blood pressure, and dependency.
        3. Not a Smoking Cessation Product.
        4. These products are not intended to diagnose, treat, cure, or prevent any disease, and are not registered as medical products. They should not be used as a substitute for clinically approved cessation aids unless indicated by a health authority.
        5. Risk of Choking or Ingestion.
    5. Vape and/ or e-cigarette containing lithium ion battery Use Hazards:
      1. Do not use if the vape device is damaged, leaking, or overheating.
      2. Do not attempt to modify devices or refill sealed units unless designed for that purpose.
      3. Not for Use By:
        1. Persons under the age of 18 (or as legally defined in your jurisdiction)
        2. Pregnant or breastfeeding women
        3. Persons with:
          1. Heart disease
          2. High blood pressure
          3. Diabetes
          4. Lung or respiratory conditions
          5. Or who are sensitive or allergic to nicotine or other ingredients
  9. Regulatory Disclaimer
    1. Use of these products is at the user’s own risk. E-XHALE and subsidaries makes no medical claims and assumes no liability for health outcomes related to improper or prolonged use.
    2. By purchasing and using these products, you agree to the following:
      1. You are of legal age to purchase nicotine products;
      2. You understand the health risks associated with nicotine use;
      3. You waive any claims against E-XHALE and subsidaries for misuse, side effects, or legal restrictions in your jurisdiction.

Last updated: January 2025