1.1. Please make sure you have read these Online Terms and Conditions carefully, especially the limitations of our liability, before using the Website or the App (both as defined below).
1.2. These Online Terms and Conditions ("Terms"), together with all information and documents referred to in them, govern your use of this website (the "Website") and our mobile application (the “App”) (collectively, the “Online Services”). Use includes accessing, browsing, or registering to use our Online Services.
1.3. By using our Online Services, you agree to and accept these Terms.
1.4. We may amend any aspect of these Terms from time to time. Please review them regularly to ensure you understand the terms that apply each time you use the Online Services. These Terms were most recently updated on April 27, 2022.
1.5. If you purchase any products ("Products") via the Online Services, your purchase will also be governed by our Online Conditions of Sale.
1.6. Depending upon your chosen device's operating system, you may access the App through an app on your device or through a web browser. Depending on how you have accessed the App, only certain parts of these terms may be applicable to that access as the context requires.
1.7. The ways in which you can use the App may also be controlled by the rules and policies of the app store from which you download the App, such as Google Play (play.google.com). Their rules and policies will apply instead of these terms where there are differences between the two.
1.8. Imperial Tobacco maintains the Online Services ONLY for adult vaping consumers of legal age to purchase vaping products in their jurisdiction of residence. The use of the Online Services by persons who are not of legal age to purchase vaping products in their jurisdiction of residence is strictly forbidden. By using the Online Services, you certify that you are of legal age to purchase vaping products in the jurisdiction where you reside and that you have not provided false information on entry or on your registration and have not impersonated anyone else.
1.9. It is a strict condition of your use of the Online Services that all the information you provide for any reason be correct, current and complete. If Imperial Tobacco has any reason to believe that the information that you provided is not correct, current or complete, or that you are not of legal age to purchase vaping products, or reside in a jurisdiction where the Online Services are not available, Imperial Tobacco reserves the right to refuse to grant you access to the Online Services and to suspend or close your account at any time.
1.10. If you do not agree to the Terms, you must not use the Online Services.
2.1. The Online Services are operated by Imperial Tobacco Company Limited ("we", "our" or "us").
3.1. We hereby grant you a limited, non-exclusive, and non-transferable licence to download, install and/or use the App on your device (up a maximum of three devices) for personal, non-commercial purposes only and in accordance with these Terms.
3.2. The App has not been developed to meet your individual requirements. Please check that the features and functions of the App (as may be described on the relevant app store site) meet your requirements.
3.3. You agree that you will only use the Online Services for your own personal, non-commercial use and will not use the Online Services for any commercial or business purpose.
3.4. We do not guarantee that our Online Services, or any content on them, will always be available or be uninterrupted. Access to our Online Services is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Online Services without notice. We will not be liable to you if for any reason the Online Services are unavailable at any time or for any period.
3.5. You are responsible for ensuring that you have all hardware and software necessary to access the Online Services. You should use your own virus protection software when accessing the Online Services through your chosen device. You are also responsible for ensuring that all persons who access our Online Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3.6. We do not guarantee that the Online Services will be secure or free from bugs or viruses.
4.1. You agree that you will not:
4.1.1. use the Online Services to in any way infringe the privacy or other rights of other users of the Online Services or any third party;
4.1.2. use the Online Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
4.1.3. do anything that may cause damage to the Online Services or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data. You must not attack our Online Services via a denial-of-service attack or a distributed denial-of-service attack. 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 Online Services will cease immediately;
4.1.4. do anything that subjects the Online Services or Imperial Tobacco to any derogatory treatment or brings (or might bring) the Online Services or Imperial Tobacco into disrepute;
4.1.5. data mine, harvest, screen or web scrape or crawl the Online Services, its pages or its content or use any process or processes that send automated queries to the Online Services unless you have obtained our prior written consent;
4.1.6. misuse or do anything that disrupts all or any part of the Online Services, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful;
4.1.7. state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to the Online Services.
4.1.8. infringe our intellectual property rights or those of any third party in relation to your use of the Online Services;
4.1.9. copy the Online Services, except as permitted by these Terms;
4.1.10. translate, merge, adapt, vary, alter or modify the whole or any part of the Online Services, nor permit the Online Services or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Online Services on devices as permitted in these Terms;
4.1.11. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Online Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited as a matter of law;
4.1.12. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Online Services; or
4.1.13. rent, lease, sub-license, loan, provide, or otherwise make available the Online Services in any form, in whole or in part to any person without prior written consent from us.
5.1. All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on the Online Services (“Content”) are owned by us or used with permission. You have no intellectual property rights in, or to, the Online Services or the Content other than the right to use them in accordance with these Terms.
5.2. Although you can copy any part of the Online Services to your own device for your personal use, you may not copy or incorporate any of the Content available on the Online Services into any other work, including your own website, or use the Content in any other public or commercial manner. Our status (and that of any identified contributors) as authors of the Content must always be acknowledged. You may not post or redistribute any portion of our Online Services unless you have a license from us to do so. We retain full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.
5.3. You may not change any of the notices regarding copyright, trademarks or other marks that may accompany the Content.
5.4. You may link to the Online Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but may not use our Content in your own site. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not deep link (i.e. link to any page other than the home page) to Online Service or frame our Online Service on other applications or websites without our specific written permission. We reserve the right to withdraw linking permission without notice.
5.5. Unless otherwise specified, all trademarks used on the Online Services are the property of Vuse or of our group companies.
5.6. If you print-off, copy or download the Content in breach of these Terms, your right to use the Online Services will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
7.1. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
7.1.1.use of, or inability to use, the Online Services; or
7.1.2.use of or reliance on any content displayed on the Online Services.
7.1.3.in particular, we will not be liable for:
184.108.40.206.loss of profits, sales, business, or revenue;
220.127.116.11.loss of anticipated savings;
18.104.22.168.loss of business opportunity, goodwill or reputation; or
22.214.171.124.any indirect or consequential loss or damage.
7.2. We do not guarantee that the Online Services will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, denial of service or distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Online Services or to your downloading of any content on it, or on any website linked to it.
7.3. Nothing in these Terms limits or excludes our liability for liability that cannot be limited or excluded by law.
7.4. The Online Services may refer to products or services of third parties or link to third party sites or information. We do not endorse or make any warranties or representations about those products or services and accept no responsibility for the content of websites linked on our Online Services. Any links to other websites or applications are provided for your convenience only. We will not be liable for any loss or damage that may arise from your use of them. You need to make your own decision as to whether to use third party products, services, applications and websites.
7.5. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Online Conditions of Sale.
7.6. The content on our Online Services is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Online Services, we make no representations, warranties, conditions or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
8.1. We will not be liable in any way for loss, damage or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Terms caused by any circumstances beyond our control.
9.1. Our reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to their subject matter. We and you will be legally bound by these Terms.
9.2. If a court finds part of these Terms illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If a court or relevant authority decides that any of these Terms are unlawful, invalid or unenforceable, this will not affect the validity of the remaining Terms which will remain in full force and effect.
9.3. Even if we delay enforcing these Terms, we can still enforce them later. If we fail to insist that you perform any of your obligations under these Terms, or if we delay or do not enforce our rights against you, this does not mean that we have waived our rights against you and does not mean that you do not have to perform your obligations.
9.4. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
9.5. We may transfer our agreement under these Terms to someone else. We may transfer our rights and obligations under these Terms to any company within our group, without any further consent from you.
9.6. Nobody else has any rights under these Terms. These Terms are between you and us. Except in relation to any company within our group, no other person may enforce any of these Terms.
9.7. Written communications. We will send notices and other communications to you at the e-mail address you have provided to us. You must send all notices and other communications to us using one of the communication methods referred to in the “Information About Us” section. Any notices sent by e-mail or via the Contact Us form will be deemed to have been received three (3) business days after the time sent. Any notices sent by first class post will be deemed to have been received three (3) business days after it was sent. Any notices issued by us that appear on our App or Website will be deemed to have been received when you next use the App or Website, unless expressly stated otherwise.
9.8. We may change these Terms. We may change, modify or revise these Terms at any time. Any changes made to the Terms will apply on the date we post the modified terms on our Website or in the App. It is your responsibility to check that you have read and agree with the latest Terms on the Website or in the App.
9.9. Which laws apply to these Terms. The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the province or territory in which you reside.
9.10. Alternative dispute resolution. EXCEPT WHERE PROHIBITED BY LAW, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon an arbitrator within 14 days, unless otherwise agreed by the parties in writing, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial. All Disputes referred to arbitration (including the scope of the agreement to arbitrate, the law relating to the enforcement of the agreement to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) shall be governed by the law of the seat. Each party hereby irrevocably consents to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, however it is agreed and acknowledged that the intention of the parties is to arbitrate the Dispute without recourse to the courts. A party to these Terms may take such steps as are permitted or required to enforce an award made by an Arbitrator. Except as required by law, and only to the extent that such disclosure is reasonably necessary, or for the purposes of obtaining professional advice, the existence of the arbitration and any element of the arbitration, including any award, shall be confidential and shall not be disclosed to any non-party to the arbitration. No document or other evidence or information prepared for or produced by or on behalf of any party to the arbitration shall be disclosed to any non-party to the arbitration.
10.1.1. You acknowledge that Google is not responsible for providing support services for the App.
11.1. Any action and/or activity on your part related to your registration, access and/or use of the Online Services is DONE AT YOUR OWN RISK. Should any such action and/or activity contravene the federal Tobacco and Vaping Products Act, you could personally be liable for heavy fines or even imprisonment. The provisions of the federal Tobacco and Vaping Products Act apply to everyone, including individual users of the Online Services.
12.1. If you choose a PIN or any other piece of information as part of our security procedures in the App, you must treat such information as confidential. You must not disclose it to any third party.
12.2. Any password(s) for the Website or App are for your individual, personal use only. You are solely responsible for the security of your password. Imperial Tobacco may monitor use of the Online Services under your password and may, at its sole discretion and for whatever reason require you to change your password.
12.3. Certain activities on the Online Services require registration or the opening of an account with Imperial Tobacco. It is STRICTLY FORBIDDEN for you to disclose your password to any other person, or to allow others to use your account, and Imperial Tobacco and its officers, directors and employees will not be responsible for the use of your vuse.com account and/or profile by any other person.
12.4. You agree to inform Imperial Tobacco immediately by telephone (1-833-308-8873) or via the Contact/Support option on posted the Website or within the App upon becoming aware of any known or suspected unauthorized use(s) of your PIN, username or password, or any breach of security, if at any time your PIN or password is, or you have reason to believe it has been, lost, stolen, disclosed, or otherwise compromised.
12.5. You are prohibited from compromising security or tampering with system resources and/or accounts relating to the Online Services, or attempting to do so. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, network probing tools, etc.) is strictly prohibited.
13.2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.