Terms & Conditions
Imperial Tobacco New Zealand website Terms & Conditions
Last Updated: 15 April 2019
1. Agreement to Terms and Conditions
a. These Terms and Conditions (“Terms”) govern the relationship between Imperial Tobacco New Zealand Limited (“ITNZ”) and you (“you”) regarding your access and use of all ITNZ websites (collectively, the “Website”).
b. By using the Website, you agree to the Terms.
c. After reviewing the Terms, please indicate your understanding and acceptance of the Terms by providing information about yourself, checking the box, and clicking the “I Agree” button, all at the bottom of the Terms.
d. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST NOT USE THE WEBSITE.
In these Terms, unless the context indicates otherwise, the following words have the following meanings.
Account means a blu.com account.
Credentials means your username, password and any other credentials in connection with your Account.
Dispute means any dispute or claim you make in connection with the Terms, your Account, ITNZ, or Imperial Brands.
Fontem means Fontem Ventures B.V. and Fontem Holdings 4 B.V.
Imperial Brands means Imperial Brands PLC and all subsidiaries, partnerships, associates and joint ventures of Imperial Brands PLC.
Intellectual Property includes Trade Marks, patents, copyrights, processes know-how, registered designs or other like rights and any right to apply for registration of any of the former.
Legal Age means the age of 18 years or older.
Losses means all losses, damages, costs (including but not limited to legal costs), and other expenses of any nature whatsoever.
Parties means you and ITNZ.
Personal Information has the meaning given by the Privacy Act.
Principles means the information privacy principles set out in the Privacy Act.
Privacy Act means the Privacy Act 1993 (NZ).
Trade Mark has the meaning given by the Trade Marks Act 2002 (NZ).
Transmit means transmit, submit, upload, post, or e-mail.
User Content means all words, communications, files, photos, pictures, documents, audio, films, telecasts, digital works, livestreams, videos, media, designs and devices that you upload, store, broadcast or share.
Vaper means a person who has attained the Legal Age and uses electronic cigarettes or wants to use electronic cigarettes.
Website Content means all content and other materials contained in the Website, including but not limited to the blu logo and all designs, text, graphics, pictures, information, data, software, User Content, other files and the selection and arrangement of the Website.
3. Restrictions on using the Website, nicotine products, and tobacco products
a. You may only use the Website or create an Account if you:
i. have attained the Legal Age; and
ii. are a Vaper; and
iii. are resident and currently situated in New Zealand.
b. You must not use the Website or create an Account if you:
i. have not attained the Legal Age; or
ii. are not a Vaper; or
iii. are not resident and currently situated in New Zealand.
c. You must not access the Website from any territory where the content or use of the Website is illegal.
d. ITNZ restricts access to the Website and ITNZ’s marketing contact list to individuals who have certified that:
i. they are Vapers; and
ii. they have attained the Legal Age; and
iii. they are resident in New Zealand and currently situated in New Zealand; and
iv. they have not been previously suspended or removed from the Website or engaged in any activity that could result in suspension or removal from the Website; and
v. they understand that they may break the law if they provide false or misleading information;
e. By accessing or using the Website, you represent and warrant that you have attained the Legal Age and that you have not been previously suspended or removed from the Website, or engaged in any activity that could result in suspension or removal from the Website.
f. ITNZ takes the prevention of underage use very seriously. If you have not attained the Legal Age, you should never use tobacco products, nicotine products, electronic cigarettes or personal vaporisers. Before adding you to ITNZ’s marketing contact list or selling or supplying you with any product, ITNZ independently verifies that you have attained the Legal Age.
g. You acknowledge and agree that you must have attained the Legal Age to purchase or consume electronic cigarettes or any other ITNZ products or to participate in any of ITNZ’s promotions or other offers on the Website or otherwise.
h. You must never consider that using tobacco products or nicotine products is safe. If you have any health concerns about using electronic cigarettes, nicotine products or tobacco products, ITNZ recommends that you consult with your physician.
i. ITNZ does not warrant or guarantee that compliance with the Terms is sufficient to ensure that you have complied with your obligations under applicable laws where you reside or where you use the Website. You are solely responsible for complying with all applicable local laws.
4. The Website and your Account
a. If you create an Account, you are responsible for maintaining the confidentiality of your Credentials and all activities that occur under your Account. You must not share your Account or your Credentials with any other person.
b. You must not provide any false, inaccurate, irrelevant, or misleading information when you register for an Account.
c. ITNZ may take any action it considers necessary to ensure the safety of your Account and your Credentials. This action may include without limitation cancelling your Account, changing your Credentials or requesting additional information to authorise activities relating to your Account or your Credentials.
d. You may close your Account at any time and for any reason.
e. By creating an Account, you consent to receive certain service-related electronic communications from ITNZ (e.g., via email or by posting notices to the Website). These communications may include notices about your Account (e.g. password changes and transactional information) and are part of your relationship with ITNZ.
f. You agree that any notices, agreements, disclosures or other communications that ITNZ sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
g. You should maintain copies of electronic communications from ITNZ by printing a paper copy or saving an electronic copy.
h. ITNZ may also send you surveys from time to time. With your consent, or as otherwise permitted by law, ITNZ may also send you promotional communications via email, including, but not limited to, newsletters, special offers, and other news and information ITNZ thinks will interest you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided.
a. Unless otherwise indicated in writing by us, the Website and all Website Content are the property of ITNZ or its licensors, as applicable, and are protected by New Zealand and international copyright and other laws.
b. Subject to these Terms, ITNZ grants you a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Website and Website Content. All rights not expressly granted in these Terms are reserved. You do not acquire any ownership interest in the Website or Website Content under these Terms, or any other rights to them other than to use the Website in accordance with the licence granted, and subject to all terms, conditions and restrictions of the Terms.
c. The licence granted by ITNZ under these Terms is subject to these Terms and does not include any right to, and you must not, directly or indirectly:
i. sell, resell or use commercially the Website or Website Content,
ii. distribute, publicly perform or publicly display any Website Content,
iii. modify or otherwise make any derivative uses of the Website or Website Content, or any portion thereof,
iv. use any data mining, robots or similar data gathering or extraction methods,
v. download (other than page caching) any portion of the Website or Website Content, except as expressly permitted by ITNZ,
vi. use the Website to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
vii. interfere with the Website or servers or networks used in connection with the Website;
viii. use the Website or Website Content other than for their intended purposes.
d. Any use of the Website or Website Content other than as specifically authorised in the Terms, without our prior written permission, is strictly prohibited and will terminate the licence granted by the Terms. Such unauthorised use may also violate applicable laws, including, without limitation, Intellectual Property laws and applicable communications regulations and statutes. Unless explicitly stated by us, the Terms must not be construed as conferring any right or license to any Intellectual Property rights of ITNZ or any third party, whether by estoppel, implication or otherwise.
e. ITNZ may revoke the licence granted under these Terms at any time.
Although this Website may be linked to other websites, ITNZ does not endorse, approve, certify or sponsor the linked Website unless specifically stated in the Terms. ITNZ is not the owner of, does not control and is not responsible for any content of any website linked to the Website. Your linking to other websites is at your own risk.
7. Governing Law
a. The Website has been designed to comply with New Zealand law. ITNZ does not represent that the content of this Website is appropriate for locations outside New Zealand.
b. These Terms take effect, are governed by, and will be construed in accordance with the laws from time to time in force in New Zealand. The Parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
a. ITNZ collects, retains, uses and discloses Personal Information under the Privacy Act and other relevant privacy or data collection laws, codes and regulations. ITNZ may also obtain Personal Information from you from public sources such as social media websites, and from third parties that provide ITNZ with marketing leads. ITNZ adheres to the Principles in relation to any Personal Information that it collects. You consent to all collection, use and disclosure of your Personal Information.
b. The types of Personal Information that ITNZ may collect or hold includes names, contact details, IP addresses, your date of birth, personal details, financial information, information about your dealings with ITNZ, and other Personal Information required by ITNZ for you to use the Website or create an Account.
c. ITNZ stores your Personal Information in different ways including electronically and in paper form. The security of your Personal Information is important to ITNZ and ITNZ takes reasonable steps to protect your Personal Information from misuse, interference, loss, unauthorised access, modification or disclosure. Some of the ways ITNZ does this include implementing security access procedures to databases and confidentiality agreements for ITNZ’s employees.
d. It is not possible for ITNZ to specify the period for which ITNZ will store your Personal Information. However, while ITNZ will store your Personal Information for the full duration required by law, ITNZ will not keep your Personal Information for longer than is required for the purposes for which the Personal Information may lawfully be used.
e. ITNZ requires your Personal Information to facilitate your use of the Website, your Account, promote products to you, and otherwise to enable ITNZ to carry out its business. The consequences if you do not provide your Personal Information are that ITNZ cannot promote products to you and you cannot use the Website or create an Account.
f. ITNZ may use Personal Information provided by you for the management of the Terms, research, product development and for the purposes of ITNZ’s business. You consent to all collection and use of your Personal Information for the purposes set out in this clause.
g. ITNZ may use the Personal Information provided by you for promotional or marketing purposes including but not limited to informing you about ITNZ’s new products or any change in existing products. You may elect to not consent to the use of your Personal Information for promotional or marketing purposes by sending ITNZ an email to the following email address: email@example.com.
h. ITNZ may further disclose your Personal Information if:
i. you have provided your consent;
ii. ITNZ is required to answer a subpoena;
iii. ITNZ believes it is necessary to assist in lessening or preventing a serious threat to life, health or safety of any individual, or to public health;
iv. ITNZ believes it is reasonably necessary in taking action in relation to suspected unlawful activity, serious misconduct, locating a missing person or as is required or authorised under Australian law or a court or tribunal order.
i. For the purposes of enabling ITNZ to carry out its business, ITNZ may disclose and you authorise ITNZ disclosing your Personal Information to Fontem and Imperial Brands.
k. You may request from ITNZ access to and correction or erasure of your Personal Information by contacting ITNZ at the following email address: firstname.lastname@example.org.
l. You acknowledge that ITNZ’s contact details are as follows:
Street address: 124-130 Richmond Street Petone 5012 New Zealand
Email address: email@example.com.
Telephone number: +64 04 5871500
9. Trademarks and Copyright
The copyrights and Intellectual Property to all content of this Website are proprietary to ITNZ or its third party licensors, and you may not reproduce, post on any other website, modify, distribute or Transmit any portion of this Website without the express written consent of ITNZ. Any name, logo, trademark, service mark or Intellectual Property contained on this Website is owned by or licensed to ITNZ and may not be used by you without the prior written consent of ITNZ. You may access this Website for your individual non-commercial use only.
10. Material you Submit
a. You are solely responsible and liable for all User Content that you Transmit in connection with the Website. In addition, ITNZ has no control over, and has no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Website. IF YOU CHOOSE TO SUBMIT TO ITNZ, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND ITNZ HAS NO LIABILITY. b. You agree that you will not, and will not permit anyone else to, directly or indirectly:
i. Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
ii. Transmit any User Content:
A. that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information;
B. that infringes any Intellectual Property or misappropriates any trade secret or right of privacy of any third-party;
C. that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or
D. that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
iii. forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Website.
c. Although ITNZ has no obligation to screen, edit or monitor User Content, ITNZ reserves the right, and has absolute discretion, to remove, screen or edit User Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense.
e. You acknowledge and agree that ITNZ may disclose or use any User Content that you Transmit for purposes that include, but are not limited to:
i. enforcing these Terms;
ii. complying with any laws, regulations or rules;
iii. responding to claims that any User Content violates the rights of third parties; or
iv. protecting the rights or property of ITNZ, its customers or the public.
11. Accuracy of Content
Although ITNZ makes all reasonable efforts to ensure that the content of the Website is updated and corrected, ITNZ makes no warranties in relation to its accuracy. ITNZ attempts to be as accurate as possible when posting Website Content. ITNZ does not warrant that product descriptions or other content is accurate, complete, reliable, current or error-free.
12. Indemnification and Disclaimers
a. You indemnify, hold harmless, and, at ITNZ’s option, defend ITNZ, Fontem and Imperial Brands from and against any and all Losses incurred by ITNZ, Fontem or Imperial Brands resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Website, any User Content that you Transmit to or through the Website, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Website or any of its features. You further agree that ITNZ has control of the defence or settlement of any third party claims, unless ITNZ exercises its option to require you to defend ITNZ. This indemnity is in addition to, and not in lieu of, any other indemnities set out in a written agreement between you and ITNZ.
b. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY MATERIAL FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ITNZ IS NOT RESPONSIBLE FOR:
i. ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGE ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE;
ii. THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS CONTAINED IN THE WEBSITE OR YOUR ACCOUNT;
iii. ANY COMPROMISE OF THE CONFIDENTIALITY OF YOUR ACCOUNT OR CREDENTIALS;
iv. ANY UNAUTHORISED ACCESS TO OR USE OF YOUR ACCOUNT OR ITS CREDENTIALS;
v. USER CONTENT;
vi. ANY MISTAKES OR EXCLUSIONS FROM ANY USER CONTENT;
vii. ANY HARM OR LOSS OF ANY KIND SUFFERED AS A CONSEQUENCE OF THE USE OF ANY USER CONTENT MADE AVAILABLE IN THE WEBSITE OR ELSEWHERE.
c. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
d. ITNZ RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART OF IT AT ANY TIME.
e. TO THE FULLEST EXTENT PERMITTED BY LAW, ITNZ DOES NOT
i. MAKE ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, TERMS OR CONDITIONS UNDER THE TERMS OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE;
ii. GUARANTEE OR MAKE ANY WARRANTY IN RELATION TO THE COMPREHENSIVENESS, ACCURACY, ACCESSIBILITY, TIMELINESS, SECURITY OR DEPENDABILITY OF THE WEBSITE;
iii. MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON A CONTINUOUS, PROTECTED, OR FAULTLESS BASIS.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ITNZ IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO OR USE OF THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ITNZ, OR FROM EVENTS BEYOND ITNZ’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLU RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
14. Dispute Resolution
a. If you have a Dispute, you must do the following before commencing any legal proceedings or seeking any other remedy against ITNZ:
i. provide full details of the Dispute to ITNZ in writing;
ii. allow ITNZ a reasonable amount of time to investigate and respond to the Dispute; and
iii. assist and cooperate with ITNZ while it investigates the Dispute.
b. To the maximum extent permitted by law, you must not commence any court or arbitration proceedings in relation to the Dispute if you have not complied with clause 14a.
15. Arbitration and Class Action Waiver
a. YOU AND ITNZ AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE WEBSITE THAT IS NOT RESOLVED UNDER CLAUSE 14 MUST BE SUBMITTED TO ARBITRATION IN ACCORDANCE WITH, AND SUBJECT TO, THE ARBITRATION RULES OF THE NEW ZEALAND DISPUTE RESOLUTION CENTRE AND THE 45 DAY EXPEDITED COMMERCIAL ARBITRATION RULES OF THE NEW ZEALAND DISPUTE RESOLUTION CENTRE. .
b. This arbitration provision survives termination of the Terms and the termination of your use of the Website or your Account.
c. REGARDLESS OF THE FORUM, UNLESS PROHBITED BY LAW, YOU AND ITNZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
d. Further, unless both you and ITNZ agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision is null and void. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
16. Fraudulent Activities
a. ITNZ may deactivate, disable and remove any suspicious or fraudulent Account with or without notice.
b. By creating an Account, you agree to:
i. provide accurate, current and complete information,
ii. maintain and promptly update, as necessary, information in your Account ,
iii. maintain the security of your Credentials,
iv. be responsible for the acts or omissions of any third party who uses the Website on your behalf, and
v. immediately notify ITNZ if you discover or otherwise suspect any unauthorised use or any security breaches in connection with the Website or your Account or your Credentials.
c. Any changes to your registration information may be made by contacting Customer Service.
d. If you provide information that is false, misleading, untrue, inaccurate, not current or incomplete, ITNZ may suspend or terminate your Account and prohibit you from using the Website.
17. Procedure for Making Copyright Claims
ITNZ expects users of the Website to respect the Intellectual Property of others. If you believe in good faith that any of the content on the Website infringes your copyright or any other Intellectual Property, please provide ITNZ the following written information:
a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed.
18. Modification of these Terms
These Terms may be revised at any time for any reason, and ITNZ may provide you notice of these changes by any reasonable means, including by providing notice through the Website. You can determine when ITNZ last updated the Website by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under law , by continuing to access, browse or use the Website, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. ITNZ strongly recommends that you periodically visit this page of the Website to review the Terms. If you do not agree to the revised Terms, you may not access or use the Website.
If any provision of these Terms and Conditions shall be deemed unlawful, void or, for any reason, unenforceable, that provision is to be severed from the Terms, and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and ITNZ relating to your access to and use of the Website. The Terms, and any rights and licenses granted under the Terms, may not be transferred or assigned by you without the prior written consent of ITNZ. No waiver of any provision of the Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and ITNZ’s failure to assert any right or provision under the Terms does not constitute a waiver of such right or provision. Except as otherwise provided in the Terms, the Terms are intended solely for the benefit of the Parties and are not intended to confer third party beneficiary rights upon any other person or entity.