TERMS & CONDITIONS
Welcome to H2MIRACLEWATER.COM.
H2MIRACLEWATER.COM is a Trade Brand of Hilarion FZE .
This Terms and Conditions sets out how “Hilarion FZE” uses and protects any information that you give H2MIRACLEWATER.COM when you use this website.
H2MIRACLEWATER.COM provides access to H2MIRACLEWATER.COM Website (the “Website”) and selling you our products according to the conditions set out on this page. H2MIRACLEWATER.COM is a trade name for Hilarion FZE, UAE based company.
Please read these conditions carefully before using the H2MIRACLEWATER.COM Website. By using the H2MIRACLEWATER.COM Website, you state your agreement to be bound by these conditions. In addition, when you use any current or future H2MIRACLEWATER.COM service, you will also be subject to the terms, guidelines and conditions applicable to that service (“Terms”). If these Conditions of Use & Sale are inconsistent with such Terms, Terms will control.
- Your Account
When using the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, in order to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure, and should inform us immediately if you have any reasons to believe that your password has become known to others, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information provided when registering. You can access and update much of the information you provided us with in the My Account area of the Website.H2MIRACLEWATER.COM reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Please review our Privacy Notice, which also governs your visit to H2MIRACLEWATER.COM, to understand our practices.
- Express Checkout
After purchasing a product from us for the first time, we will automatically activate the Express Checkout option for you to make use of. Express Checkout ordering is the fastest and easiest way to order safely and securely products from H2MIRACLEWATER.COM.
- Access to H2MIRACLEWATER.COM
We will do our utmost to ensure that the Website’s availability will be uninterrupted and that transmissions will be error-free. However, due to the dynamics of the Internet, this cannot be guaranteed. In addition, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
- Licence for Web site access
This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. H2MIRACLEWATER.COM Website, or any portion of it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited, for any commercial purpose, without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of H2MIRACLEWATER.COM without express written consent. You may not use any meta tags or any other “hidden text” utilizing H2MIRACLEWATER.COM’s trademarks without the express written consent of H2MIRACLEWATER.COM. Any unauthorized use terminates the permission or license granted by H2MIRACLEWATER.COM. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of H2MIRACLEWATER.COM as long as the link does not portray H2MIRACLEWATER.COM, its affiliates, their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of H2MIRACLEWATER.COM’s logos or other proprietary graphic or trademark as part of the link without our express written consent.
- Site operation
United Arab Emirates is our Country of Domicile.”Hilarion FZE” controls this Site from the U.A.E. COMPANY makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
- Your conduct
You must not use this Website in any way that causes, or may cause, interruption, damage to the website or impairment of the availability or accessibility of H2MIRACLEWATER.COM or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, as you must understand that you, and not H2MIRACLEWATER.COM, are responsible for all electronic communications and content sent from your computer to us, thus using it for lawful purposes only. You must not use the Website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
- to cause annoyance, inconvenience or needless anxiety
- Applicable law
- Multi-currency priced transaction
The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
- Office foreign assets control (OFAC) sanctioned countries
“Hilarion FZE” will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs.
- Representation by you
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to”Hilarion FZE” through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
- Permitted use
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by”Hilarion FZE” to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by”Hilarion FZE” to do so. The content and software on this Site is the property of”Hilarion FZE”. The cardholder must retain a copy of transaction records and Merchant policies and rules.
- No commercial use
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain”Hilarion FZE”’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication.”Hilarion FZE” will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
- Links and search results
The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web.”Hilarion FZE” has no control over these sites or the content within them.”Hilarion FZE” does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive.”Hilarion FZE” does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against”Hilarion FZE” for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at firstname.lastname@example.org
- Intellectual Property Claims
You acknowledge and agree that”Hilarion FZE” will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At”Hilarion FZE”’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to”Hilarion FZE” or perfect these rights, titles or interests in”Hilarion FZE”’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES.”Hilarion FZE” MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. COMPANY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF COMPANY WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
- License granted to you
By providing materials to”Hilarion FZE”, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted”Hilarion FZE” an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you.”Hilarion FZE” may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against”Hilarion FZE” for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to”Hilarion FZE”. Any communication or materials you send to”Hilarion FZE” will be treated as non- confidential and non-proprietary and may be disseminated or used by”Hilarion FZE” for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws.”Hilarion FZE” is not responsible for the acts or omissions of any advertiser or sponsor.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
- Reviews, comments, communications and other content
Users of this Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. H2MIRACLEWATER.COM reserves the right (but not the obligation) to remove or edit any content.If you do post content or submit material, and unless we indicate otherwise, you grant:
- H2MIRACLEWATER.COM non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- H2MIRACLEWATER.COM and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose to do so.
You agree that the above-mentioned rights are irrevocable during the entire period of protection of your intellectual property rights, associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to H2MIRACLEWATER.COM, including the execution of deeds and documents, at the request of H2MIRACLEWATER.COM.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that at the time that the content or material is submitted to H2MIRACLEWATER.COM: (i) the content and material is accurate; (ii) the use of the content and material you supply does not breach any applicable H2MIRACLEWATER.COM’s policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify H2MIRACLEWATER.COM and its affiliates for all claims brought by a third party against H2MIRACLEWATER.COM arising out of, or in connection with, a breach of any of these warranties. To the extent permitted by law, H2MIRACLEWATER.COM takes no responsibility and assumes no liability for any content posted by you or any third party.
- Copyright, authors’ rights and database rights
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of H2MIRACLEWATER.COM, or its content suppliers and is protected by international copyright, authors’ rights and database right laws. The compilation of all content on this Website is the exclusive property of H2MIRACLEWATER.COM and is protected by international copyright and database right laws. All software used on this Website is the property of H2MIRACLEWATER.COM or of our software suppliers and is protected by international copyright and authors’ rights laws.You may not systematically extract and/or re-utilise parts of the Website’s contents without H2MIRACLEWATER.COM’s express written consent. Above all, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or several times) for the re-utilisation of any substantial parts of this Website, without H2MIRACLEWATER.COM’s express written consent. Additionally, you may not create and/or publish your own database that features substantial parts of this Website (e.g. our prices and product listings) without H2MIRACLEWATER.COM’s express written consent.
H2MIRACLEWATER.COM, and its Logo and other marks indicated on our Website are trademarks or registered trademarks of Hilarion FZE. H2MIRACLEWATER.COM’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of “Hilarion FZE”.
- Our contract
When you place an order to purchase a product from H2MIRACLEWATER.COM, we will send you an e-mail confirming receipt of your order and containing its details. Your order represents an offer to purchase a product from us, which is accepted when we send you an e-mail confirmation that we’ve dispatched that product to you (the “Dispatch Confirmation E-mail”). That acceptance will be complete at the time we send you the Dispatch Confirmation E-mail. Any products on the same order, which were not confirmed to have been dispatched in a Dispatch Confirmation E-mail, do not form part of that contract.H2MIRACLEWATER.COM products are covered by a 365-day warranty against defects in materials and workmanship. Our 365-day warranty covers all H2MIRACLEWATER.COM products from the invoice date.
Please review our Returns Policy, which applies to products purchased from us. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy.
- Pricing and availability
We list availability information for products sold by us on the Website, as well as on each product information page. We cannot be more specific about availability beyond what we say on that page or elsewhere on the Website. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products on you order turn out to be unavailable. Concerning items sold by H2MIRACLEWATER.COM, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the dispatch process. Despite our efforts, a small number of the products in our catalogue are misprized. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. All prices exempt of VAT inclusive unless stated otherwise.
When ordering goods from H2MIRACLEWATER.COM for International delivery you may be subject to import duties and taxes, which are levied once the package reaches its specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict their total cost. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from H2MIRACLEWATER.COM, you are, to all effects, the importer of record and must comply with the laws and regulations of the country where the goods are delivered to. We value your privacy and understand that you may be concerned about how information regarding your order is used and shared. For that matter, we would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
H2MIRACLEWATER.COM does not sell products to be purchased by children. If you are under 18, you may only use H2MIRACLEWATER.COM with the consent and participation of a parent or guardian.
- Electronic communications
When you visit H2MIRACLEWATER.COM or send us e-mails, you are communicating with us electronically. We’ll interact with you by e-mail or by posting notices on the Website. For contractual purposes, you acquiesce to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications provided by us to you in this manner satisfy any legal requirement as long as those communications be in writing. This condition does not affect your statutory rights.
H2MIRACLEWATER.COM will be responsible for any losses you suffer as a result of us breaching these conditions, if these losses were reasonably foreseeable tothe both of us when you first you started using the Website, or when a contract for the sale of goods by us to you was established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that wasn’t reasonably foreseeable to the both of us when you began using the Website or when a contract for the sale of goods by us to you was formed. H2MIRACLEWATER.COM does not limit in any way our liability by law for the death or personal injury caused from our negligence or breach of duty or by our gross negligence or wilful misconduct.
- Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in effect at the time you use the Website or when you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and take action in any other situation where you breach these conditions.
- Governing law and jurisdiction
This Agreement shall be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts shall have exclusive jurisdiction in any dispute.
Notice and Procedure for Making Claims of Infringement
H2MIRACLEWATER.COM is the trade name for Hilarion FZE. We will put all our efforts to answer promptly to the owners of intellectual property rights who complete and submit the Notice Form below, wishing to convey their concerns of any alleged infringement.
Upon receiving a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant H2MIRACLEWATER.COM the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world,in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify H2MIRACLEWATER.COM for all claims brought by a third party against H2MIRACLEWATER.COM arising out of or in connection with the submission of a Notice Form.
Important Warning: giving false, misleading or inaccurate information in the Notice Form to H2MIRACLEWATER.COM may result in civil liability. You should contact a solicitor should you have any questions.
H2MIRACLEWATER.COM Notice Form:
If you believe that your intellectual property is being violated by an item or information on the H2MIRACLEWATER.COM site, you may fill out the Notice Form below, using the corresponding numbered paragraphs to frame your communication. This signed form can be sent via PDF or Fax to:
Email PDF: email@example.com
Subject Line: Hilarion FZE
(We will accept a signed PDF via email with the subject line “H2 Miracle Water Claim of Infringement” or Fax, unless by prior agreement we have both agreed to an alternative receipt mechanism).
Please fill out the Notice Form using the corresponding numbered paragraphs to frame your communication:
H2MIRACLEWATER.COM Notice Form
H2MIRACLEWATER.COM (trade name for Hilarion FZE) I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:
- Contact information: Your and/or your company’s name, address, telephone number and contact email address;
- Listing’s Item Number and Allegation of Infringed Right:(a) The listing’s Item number or detailed description of where the information that you claim is infringing your rights is located on the site.(b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for this Item number.
- Include the following statement: “I act in good faith when I say that I strongly believe that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use of it/them otherwise permissible under law.”
- Include the following statement: “I assert, under penalty of perjury, that the information in this notification is true and correct and that I am the intellectual property owner or one authorised to act on behalf of the intellectual property owner for the rights described above.”
- Sign the Notice Form.
If you believe that any content on, or advertised for sale on, the Website contains a defamatory statement, please notify us immediately by copying the Notice to H2MIRACLEWATER.COM of Defamatory Content below into your word processor program, completing it in accordance with the instructions laid out in the Notice Form and send a signed printed copy to: Defamation Notices, H2MIRACLEWATER.COM Legal Department, Hilarion FZE t/a H2 Miracle Water CREATIVE TOWER, P.O. BOX 4422, FUJAIRAH, UAE. Please note that this procedure is exclusively for notifying H2MIRACLEWATER.COM of Defamatory content, or advertised for sale, on the H2MIRACLEWATER.COM Website. Please provide your address, telephone number and e-mail address when sending us the Notice.
Important Warning: giving false, misleading or inaccurate information in the Notice to H2MIRACLEWATER.COM of Defamatory Content may result in civil and criminal liability.
Notice to H2MIRACLEWATER.COM of Defamatory Content
In the matter of www.h2miraclewater.com
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
- I refer to the Website www.h2miraclewater.com (“the Website”). I make this statement in support of my giving H2MIRACLEWATER.COM notice that, via the Website, it is causing or contributing to the publication of a defamatory statement.
- The defamatory words appear on the Website at [please cut and paste the address of the relevant Web page from the Web site where the defamatory words appear].
- The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
- These words are defamatory because [please state why you consider the words to be defamatory].
- The defamatory words are untrue because [please explain why the words you complain of are untrue and what you believe the truth to be].
- I understand that this statement may be used in any court proceedings that may arise out of, or relating, to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.