These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to VapingMad’s use of cookies in accordance with the terms of VapingMad’s Privacy Policy.

License to use website.

Unless otherwise stated, VapingMad and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use.

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this 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.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without VapingMad’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without VapingMad’s express written consent.

Restricted access.

Access to certain areas of this website is restricted.  VapingMad reserves the right to restrict access to other areas of this website, or indeed this entire website, at VapingMad’s discretion.
If VapingMad provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

VapingMad may disable your user ID and password in VapingMad’s sole discretion without notice or explanation.

User content.

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to VapingMad a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to VapingMad the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or VapingMad or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

VapingMad reserves the right to edit or remove any material submitted to this website, or stored on VapingMad’s servers, or hosted or published upon this website.

Notwithstanding VapingMad’s rights under these terms and conditions in relation to user content, VapingMad does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties.

This website is provided “as is” without any representations or warranties, express or implied.  VapingMad makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, VapingMad does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability.

VapingMad will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if VapingMad has been expressly advised of the potential loss.

Exceptions.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit VapingMad’s liability in respect of any:

  • death or personal injury caused by VapingMad negligence;
  • fraud or fraudulent misrepresentation on the part of VapingMad; or
  • matter which it would be illegal or unlawful for VapingMad to exclude or limit, or to attempt or purport to exclude or limit, its liability.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties.

You accept that, as a limited liability entity, VapingMad has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against VapingMad’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect VapingMad’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as VapingMad.

Unenforceable provisions.

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity.

You hereby indemnify VapingMad and undertake to keep VapingMad indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by VapingMad to a third party in settlement of a claim or dispute on the advice of VapingMad legal advisers) incurred or suffered by VapingMad arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Ordering.

All orders for goods will be deemed an offer by you to purchase goods pursuant to these terms and conditions and are subject to acceptance by VapingMad. VapingMad may choose not to accept an order for any reason.

By purchasing, you agree that all details provided to VapingMad are correct, that the credit or debit card being used is owned by you, and that there are sufficient funds to cover the cost of the goods ordered.

In the event where the goods ordered by you are not available from VapingMad stock, you will be notified by email or phone and given the option to either wait until the goods are available from stock or cancel the order and receive a full refund within 30 days.

Once your order has been placed and completed online you will be sent an automated e-mail confirmation of the order. Any delays in processing times and/or stock updates will be advised after this email confirmation.

All VapingMad PRE-ORDER sales and offers are final. By entering a PRE-ORDER arrangement, you agree to immediate payment for the PRE-ORDER status and no credit/refund will be offered outside of the VapingMad Warranty and Return Policy.

VapingMad may cancel an order at any time and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time without notice. If an order is cancelled, any payment made for the goods will be refunded in full.

Pricing and payment.

The price of the goods shall be that which is stated on the VapingMad website or via legitimate VapingMad promotion including social media platforms.

Any pricing errors will result in your order being suspended until which time we can contact you via your preferred contact method. In the instance that VapingMad cannot contact you, VapingMad will render the order cancelled and the amount received from you pertaining to the order will be refunded by the same manner in which it was paid.
All orders must be paid for in full before any goods will be delivered. All products are subject to availability and remain the property of VapingMad until paid for in full.

All individual prices listed on the VapingMad website are EXCLUSIVE of GST unless otherwise specified. GST is added to the total order of goods if applicable.

Delivery.

VapingMad aims to process and arrange delivery for a standard order within 48hrs of the automatic email order confirmation. Orders requesting express postage will be treated with priority and dispatched within 24 hours of receiving the automatic email order confirmation. VapingMad does not hold responsibility for delays in delivery through Australia Post or relevant delivery services.

Orders are delivered as soon as possible.The terms of delivery mentioned our site site are only an indication and do not count as final. VapingMad can put additional information concerning these terms of delivery on the internet site or make this information known in another written way. This information is only meant as an indication.

If a product is ordered by the purchaser is momentarily out of stock, information will be given about the availability. The purchaser will be informed of the delay by e-mail or by telephone.

Deliveries will be made to the address indicated by the purchaser at the conclusion of the agreement.
VapingMad will organise the delivery by mail or by any other means to be chosen by VapingMad, for the account of the purchaser. Delivery by mail or in any other way will take place after the receipt of the payment for the products by VapingMad. The ownership is handed over at the delivery itself. Damaged goods will not be warranted by VapingMad. Claims will need to be made with Australia Post or relevant delivery service directly
and by the purchaser.

Delivery will be made at risk of the client. VapingMad can not be held responsible for local restrictions because of legislation.

Delivery will be arranged as soon as the entire payment has been received from the purchaser.
VapingMad cannot be held responsible for damage or loss to the goods during shipping. VapingMad will not be held responsible for detained packages and the purchaser will need to contact Australia Post as VapingMad will not warrant any damage in the shipping process.

Breaches of these Terms and Conditions.

Without prejudice to VapingMad’s other rights under these terms and conditions, if you breach these terms and conditions in any way, VapingMad may take such action as VapingMad deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation.

VapingMad may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment.

VapingMad may transfer, sub-contract or otherwise deal with VapingMad’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability.

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement.

These terms and conditions, together with the Privacy Policy, Shipping Policy and Returns Policy, constitute the entire agreement between you and VapingMad in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction.

These terms and conditions will be governed by and construed in accordance with Australian law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Queensland.