15/04/2024
NEW TERMS AND CONDITIONS OF THE WEBSITE DUE TO THE UPCOMING 2024 VA**NG LAWS:
1. Introduction
Welcome to TheCoilMan. These Terms of Service (ToS) govern your access to and use of our website and services.
By accessing, browsing, or otherwise using our website, you agree to be legally bound by these terms and all terms incorporated by reference. If you disagree with any part of the terms, you must not use our website.
2. Legal Compliance
TheCoilMan operates strictly within the bounds of Australian laws and regulations applicable to our business, including but not limited to the Public Health Act, the Therapeutic Goods Act, and associated regulations concerning va**ng and ni****ne products.
Our compliance is proactive and aligned with the highest standards of regulatory adherence, ensuring that all products offered (specifically coils and pods for therapeutic ni****ne v**es) are compliant with the latest legislative requirements.
3. User Agreement
Eligibility: To use our website and purchase products, you must be of legal age as defined by your state or territory. You affirm that you are not a minor and possess the legal authority to enter into this Agreement. Pop-up blockers do not legally exempt you from the Agreement.
Responsible Use: You agree to use our products for legal and intended purposes only. Products purchased from TheCoilMan are for personal use, and you commit to adhering to all local, state, and national laws pertaining to the use of such products.
Intellectual Property: All content on this website, including but not limited to text, graphics, logos, and software, is owned by TheCoilMan or licensed to us and is protected by international intellectual property laws. Unauthorised use of this material is strictly prohibited.
4. Product and Service Descriptions
TheCoilMan endeavours to ensure that all descriptions and prices of products are accurate at the time they are published on the website. However, we do not warrant that these descriptions or other content are accurate, complete, reliable, current, or error-free. All products comply with existing regulations and are intended for use as part of a smoking cessation plan prescribed by a healthcare provider.
5. Purchases and Payment
Contract Formation: By placing an order, you are offering to purchase a product on and subject to these ToS. All orders are subject to availability and confirmation of the order price.
Payment Methods: We accept various forms of payment as indicated on our website. By submitting an order, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your purchase order to that method.
6. Limitations of Liability
TheCoilMan is not liable for any injuries or health issues that arise from the use of our products. This limitation of liability is comprehensive and applies to all injuries, liabilities, and damages of any kind, including direct, indirect, special, incidental, exemplary, punitive, or consequential damages.
7. Indemnification
You agree to indemnify, defend, and hold harmless TheCoilMan, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this ToS or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
8. Termination and Modifications
TheCoilMan reserves the right to modify or discontinue, temporarily or permanently, the website or any services with or without notice. We reserve the right to change these ToS at any time, and your continued use of the website following any changes constitutes your acceptance of the new ToS.
9. Severability and Integration
This ToS constitutes the entire agreement between you and TheCoilMan regarding the use of the website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and TheCoilMan. If any part of these ToS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
10. Jurisdiction and Governing Law
This ToS and any dispute or claim arising from, or related to, its use is governed by and construed in accordance with the laws of Australia, without giving effect to any choice or conflict of law provision or rule.
11. Acknowledgment
By using TheCoilMan's website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
12. Contact Us
For any questions regarding these Terms of Service or any other policy, please contact us at [email protected].
13. Additional Terms & Conditions
By accepting below the Terms of Service, you are also accepting & entering into the legally binding agreement with our Terms and Conditions found here.
14. Protective Terms
The Agreement protects the users, owner, employees, law enforcement, parliamentary employees, regulatory organisations, health organisations, border force and customs, the TGA, the general public and is primary purpose is to ensure compliance with all parties. Please remember that we are pivoting our business model to primarily coils and pods which are not specified in the legislation. To cut through the legal jargon, we're in agreeance with the new laws, support them, promote the action taken against youth usage/uptake and based on our private encrypted user data, we conclusively can attest to our products being used only by adults for the usage of smoking cessation (up-keep & maintenance). TheCoilMan is in the process of moving on, to other safer industries, so our closure could occur at any time. In this case, all customer's will still be supported, have their orders shipped and as a last resort, immediate refund will be issued.
These are new times for the va**ng industry. TheCoilMan is legally protecting and pioneering an adaption to the new laws, that has occurred. In the event of any law enforcement activity,
TheCoilMan relies on both our limited liabilities and professional indemnity clauses, of both the business and the law firm that professionally and contractually certified these contractual terms as being 100% legally compliant, universally protective and allow operations to flow with no risk. Should these terms falter in any shape or term, we rely and our agreement is for us to amicably sue the law firm, who will cover our legal costs via their own insurance. Hence, voiding the effectiveness of any legal intervention. Furthermore our legal positioning in relationship to therapeutic v**e accessories required for maintenance of legal prescription v**es, omits us from any ties to the new legislation. We are setting the standard for the new age of va**ng in Australia and accept no responsibility for those who try to clone or copy our legal positioning.
Ultimately, we want to help smoker's quit ci******es. Clinical data continues to show ni****ne is useful in a broad range of mental illnesses. We support those through the regulations framework, with Schedule 4 ni****ne and therapeutic v**es being sold only via the pharmacy. These patients have been deemed suitable for va**ng via their Doctor. While we know va**ng is not risk-free, the product we sell are completely risk free. As we do not sell the e-liquids or v**e devices, our hands are free of any risk passed down to the consumer. We remain compliant to the highest quality products which are certified under European & United States regulations, including child-proof certifications. These safety certificates are available upon request and can be accessed by visiting the manufacturer's webpage. We refuse to sell anything illegal or potentially causing harm.
We are waiting for the introductory deadline of the 2024 ban on supply of v**es to run down our stocks of v**es and e-liquids. Once the deadline is set, we cease to sell these products are revert back to our business model detailed above which is highly compliant and highly important for public health and smoking cessation.
We wish you the very best experience with our 8 years old website, the business "TheCoilMan" and we endeavour to continue to fill the void for your replacement coils and pods, used for the strict usage of smoking cessation under the instruction from a licensed General Practitioner.