Terms of use for www.zyn.com
1. Introduction
Welcome to zyn.com (the "Website"), a website owned and operated on behalf of Philip Morris Limited with its registered office at 10 Hammersmith Grove, London, W6 7AP (hereinafter referred to as "Philip Morris", "we" or "us"), which is part of the Philip Morris International Group. This website is intended only for adult (18+) consumers of nicotine-containing products who are residing in the United Kingdom (UK) and contains information about our products on ZYN.com. These Terms of Use (hereinafter referred to as the "Terms") apply to your use of this website .
Who are we? We are a member of the Philip Morris International group of companies. We have identified ourselves to you, and given our contact details, on the Website in connection with which you have been guided here.
How do you accept these Terms? If you use the Website, you accept these Terms. These are important provisions relating to your use of the Website. You should read them carefully before using the Website as they are binding on you.
Limits of liability. By using the Website, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the Website at your own risk; we do not assume any liability, or make any warranties (express or implied) with respect to it or its your use.
Use of nicotine products. Please carefully read "Important Information" section of the Website.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE.
2. Use of the Website
The Website is intended to be used by adult consumer of nicotine-containing products aged 18 and above who would otherwise continue to smoke or use other nicotine-containing products (“Intended User”), and who reside in the United Kingdom. If you do not meet these requirements, you must not use the Website.
To set up an account for the Website, you must give us some personal information to enable us to verify your eligibility to use it. Typically, this includes information about your status of a consumer of nicotine-containing products, name, age, country of residence and e-mail address/telephone number. We will hold this in accordance with our Privacy Notice, please also see the ‘Cookie Preferences’ section of the Website.
It’s important for you to provide us with accurate, complete and up-to-date information for your account. You agree to keep it accurate, complete and up-to-date. You agree that you won’t disclose your account password to anyone. You’re responsible for all activities that occur under your account, whether or not you know about them.
You may not use anyone else’s password or account. You may not attempt to gain unauthorised access to the Website. Should you attempt to do so, assist others to do so, or distribute instructions, software or tools for that purpose, we will terminate your account. If anyone other than you uses your account, we may suspend or terminate your account (see the section entitled “Modification and suspension of the Website”). You must promptly notify us of any unauthorised use of your username, password or other account information, or of any other breach of security of which you become aware that involves your account or the Website.
3. Modification and suspension of the Website
We reserve the right to modify, suspend, or terminate operation of or access to the Website, or any portion of it, at any time at our own discretion. For example, we may terminate operation of the Website for users if we have reason to believe that the Website is being used by someone who is not an Intended User.
We may also update the Website and change the content at any time. Although we make reasonable efforts to update the information on the Website, note that any content on it may be out of date at any given time, and we are under no obligation to update it.
We may also interrupt the regular operation of the Website, or any portion of it, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.
4. Use of the Website and Materials
The Website and all its contents (including messages posted on the forum, software, files, graphics, data, images, video, sound, branding and other material) (“Material”) are the exclusive property of us, our affiliates, or our licensors (or any combination of the foregoing), and are protected by law in your country as well as in other countries.
You acknowledge and agree that all intellectual property rights in all material or content supplied as part of the Website, including all copyright, trademarks and other intellectual property, remains at all times vested in us and our licensors. You may not use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, broadcast, edit, adapt or create a derivative work of, or reverse engineer, in any manner, any part of the Website or any Material.
The Website and the Material are provided solely for your personal, private use. You may not use them for any other purposes (for example, you may not use them for business or commercial purposes). Note the paragraph on “Limit of Liability”.
5. Linking
The Website may include links to other sites, some of them operated by PMI subsidiaries and some of them operated by third party websites. These links are provided for your convenience only. As we have no control over such websites, and we do not review them, please note that:
-we do not endorse them, we are not responsible for them, and we make no promise in relation to them: in particular we are not responsible for the terms on which such websites are made available or their privacy practices, their availability, their content, advertising, products, or other materials, services or information on or available from them; and
-if you access any such websites, you do so at your own risk.
-Different terms and conditions may apply to your use of any linked sites. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access through links to other sites are the sole responsibility of the person from whom such content originated.
You may not frame, link or deep-link the Website to any other website.
6. Privacy and cookies
To the extent that in the Website we collect any personal information about you, we will collect and process it in accordance with our Privacy Notice. Please read it to find out more about what personal information we collect about you, how we use it, with whom we share it, how we protect it, your rights and how you can exercise them.
This Website also uses cookies and similar technologies to collect certain visitor information automatically. To learn more about such technologies (including Google analytics cookies), how we use them, and how you can accept or refuse them, please see the Cookie Preferences page on zyn.com.
You should review our Privacy Notice before using the Website and, like these Terms, we may change them at any time.
7. Posting materials
You represent and warrant that all tangible and intangible materials and ideas, including text, drawings, designs, photographs, videos, sketches, that you post on the Website (“Posted Materials”) are your original work in which you own the related intellectual property rights. You also warrant that the Posted Materials do not and will not infringe any third party’s intellectual property rights.
By posting the Posted Materials on the Website you: (a) hereby grant to us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings) Posted Materials; (b) relinquish, to the fullest extent permitted by law and waive any moral rights in them (including the right to be named as the author of such Materials); and (c) acknowledge that we (and those whom we (directly or indirectly) permit) shall have unrestricted use of the Materials, including using, altering, duplicating, or combining them in all forms and for all media.
Although we do our best to provide an informative Website that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the Website is made available to you on an “as is” basis. Also:
(a) it is your responsibility – not ours – to ensure that the Website is suitable for your intended purposes when you use it;
(b) we accept no liability to you in respect of the Website (subject to the paragraph on “Limit of Liability”); and
(c) we accept no liability as to the suitability of the Website in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including:
-that the Website, or any content contained in or delivered via the Website or otherwise made available in connection with the Website, is accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;
-that access to the Website will be uninterrupted, or error-free; and
-that the Website, or the computer systems from which the Website is made available, are free of viruses or other harmful components.
9. Viruses
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 site will cease immediately.
10. Limit of Liability
We do not exclude or limit liability that cannot be excluded or limited by law, liability for death or personal injury caused by our negligence, or liability arising out of our fraudulent misrepresentation or gross negligence.
We will not be liable to you for any loss or damage arising out of your use of the Website in breach of these Terms, or caused by technologically harmful material or actions (such a virus or a distributed denial-of-service attack) that may affect your computer equipment, computer programs, data or other material in connection with your use of our Website or on any website linked to it.
You acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third-party equipment and services (including your own device or web browser), and that we do not guarantee, and will not be liable for, these in any way.
We will not be liable for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.
If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
11. Jurisdiction and Governing Law
The laws of England and Wales (the “Jurisdiction”) govern these Terms and your use of the Website. You irrevocably consent to the exclusive jurisdiction of the courts located in the Jurisdiction (and, insofar as the parties may validly agree, the courts in the town closest to our registered office), for any action to enforce these Terms. The Website has been designed to comply with the laws of the Jurisdiction.
12. Other important rights that we have under these Terms
We may transfer our rights and obligations under these Terms to another organisation and/or company, but this will not affect your rights under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our right to enforce any such failure against you, or that you do not have to comply with those obligations. If we do decide to waive our right to enforce a default or breach of these Terms by you, we will do so only in writing.
Each of the paragraphs of these Terms operates separately. This means that if any court or relevant authority decides that any of them are unlawful, illegal, or unenforceable, the remaining paragraphs will remain in full force and effect.
These Terms are not intended to give rights to anyone except you and us.
13. Further terms
If you wish to use certain sections of this Website or take advantage of any promotions we offer to you through it, they may be subject to other terms and conditions. If this is the case, this will be brought to your attention and in some cases you may be required to read and confirm your acceptance of any such terms and conditions before continuing.
14. Changes to these Terms
We may amend these Terms from time to time. If we do, we will notify you of such changes the first time you log on to the Website following such changes. If you then continue to use the Website, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.
15. How to Contact Us
Please contact us at contact.uk@zyn.com if:
·you believe that the Website infringes your intellectual property rights, or that it contains content that is illegal, offensive, or infringes your or a third party’s rights; or
·for any questions you may have about these Terms or the Website.
