TERMS AND
CONDITIONS OF USE
IF YOU ARE UNDER 19 YEARS OLD OR NOT OF LEGAL AGE TO PURCHASE TOBACCO OR VAPING PRODUCTS IN YOUR PROVINCE OF RESIDENCE, YOU ARE NOT PERMITTED TO USE THIS ONLINE PUBLICATION (THE “WEBSITE”). BEING ON THIS WEBSITE IS A REPRESENTATION FROM YOU THAT YOU ARE AT LEAST 19 YEARS OLD AND ARE OF LEGAL AGE TO PURCHASE TOBACCO OR VAPING PRODUCTS IN YOUR PROVINCE OF RESIDENCE. THE PRODUCTS DEPICTED ON THIS WEBSITE CONTAIN TOBACCO OR ARE INTENDED TO BE USED WITH NICOTINE DERIVED FROM TOBACCO. NICOTINE IS HIGHLY ADDICTIVE.
Welcome to the online publications available at exportacigarettes.ca; macdonaldcigarettes.ca; liggettducatcigarettes.ca; camelcigarettes.ca; winstoncigarettes.ca; americanspiritcigarettes.ca websites (collectively, the “Website”), operated by JTI-Macdonald Corp. (“we”, “us” or “JTI”) for the purpose of providing information about us and our products and on behalf of JTI Canada Tech Inc. (collectively, the “Companies”) and its products (individually, a “User”, “you”, and collectively, the “Users”). Any person who wants to use the Website must accept these terms and conditions of use (“Terms of Use”) and confirm that they are at least 19 years old and are of legal age to purchase tobacco and vaping products in their province of residence. For clarity, the term “User” is therefore limited to adults aged 19 or above and are of legal age to purchase tobacco vaping products as per provincial tobacco and vaping legislation. Please read the Terms of Use carefully.
BY ACCESSING OR USING THE WEBSITE, USER ACKNOWLEDGES HAVING READ AND ACCEPTED THESE TERMS OF USE. IF USER DOES NOT AGREE WITH ALL OF THESE TERMS OF USE, USER MUST NOT ACCESS OR USE THE WEBSITE.
We reserve the right to change these Terms of Use at any time. Any such changes will be effective upon posting of a new or modified version of the Terms of Use on our Website. User’s access and use of the Website will be subject to the then current version of the Terms of Use or any other policy or guideline posted or referenced on the Website at the time of such access and/or use. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE USER’S ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.
1. AGE CONFIRMATION AND VERIFICATION
Prior to accessing the Website, you will be asked to confirm and verify that you are at least 19 years old and are of legal age to purchase tobacco or vaping products in your province of residence. If you are under 19 years old or are not of legal age in your province of residence, you will not be given permission to access or use the Website. You may also be asked to provide Personal Information (as defined in the Privacy Policy) to allow us to verify your age.
2. USER ACCOUNTS
You are required to register a user account with the Website and complete our age verification process in order to access product information and receive other information, certain features on the Website. We may cancel or suspend at any time your user account at our sole discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using a user account to access and use the Website. However, we may at any time require proof of the identity of any person seeking to access and use the Website, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your user account and any and all use and misuse. You agree to notify us immediately of any unauthorized use of your account and if your user name or password has been compromised. The Companies do not assume any responsibility, nor will the Companies be liable, for any damages arising from or related to your failure to keep your user account secure.
3. PRODUCTS, CONTENT AND SPECIFICATIONS
Statements and information on the Website about products are provided for information purposes only and do not constitute representations, warranties or conditions, express or implied, statutory or otherwise concerning such products or services.
All features, content, specifications, products and prices of products described or depicted on the Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Furthermore, all product recommendations are for convenience and informational purposes only. The inclusion of any products on the Website at a particular time does not imply or warrant that these products will be available at any time.
4. OWNERSHIP AND COPYRIGHT OF WEBSITE CONTENT, TRADEMARKS AND DOMAIN NAMES
All materials used or displayed on the Website, including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials (collectively, “Website Content”), are either owned or used under license by the Companies or is the Companies are authorized to use or reproduce by the holder of all rights thereto and are protected by copyright, trademark or other applicable laws. You are hereby authorized to display the Website Content on your computer in a web browser as part of the expected and ordinary use of the Website. You may not copy or use the Website Content in any other manner or for any purpose. In particular, you may not
(i) modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the Website Content or underlying ownership rights or copyrights without the prior written consent of the Companies; or
(ii) remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
The Companies’ trademarks and logos and trademarks appearing on our Website are trademarks either owned or licensed to JT International SA and/or JTI-Macdonald TM Corp. (the “Trademarks”). The Website may also contain other trademarks owned or controlled by third parties (“Third Party Marks”). User’s use of and the content of the Website should not be construed as granting, by implication or otherwise, any license to use the Trademarks or Third Party Marks without the prior written consent of the owner or owners of the Trademarks and Third Party Marks.
User may not frame or utilize framing techniques to enclose any Website Content, Third Party Content, Trademarks, the Website domain names, Third Party Marks or other proprietary information without our written consent. User may not use any meta-tags or any other “hidden text” utilizing our name, the Trademarks or the Third Party Marks without our express written consent or the express written consent of the owners of the Third Party Marks, as the case may be.
5. USE OF WEBSITE
User agrees to use the Website for lawful purposes only.
User will not use the Website, or allow others to use the Website, to:
(i) download, e-mail, post, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any materials which encourage conduct that would constitute a criminal offence or civil liability, infringe others’ intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law;
(ii) e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(iii) upload, e-mail, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
(v) use the Website for any public or commercial purposes, without the express prior written permission of the Companies;
(vi) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or
(vii) collect, use, store or disclose personal information about other Users.
User agrees not to access the Website from any territory where its access, use or content is illegal. User agrees that the Companies are not responsible for compliance with applicable foreign local laws.
6. WEBSITE PRIVACY POLICY
By accessing the Website, you acknowledge that you have reviewed and understand the Website’s Privacy Policy (“Privacy Policy”) governing the collection, use, storage and disclosure of User’s personal information. You agree (i) to provide accurate, current, and complete information about yourself as may be prompted by the age confirmation process and any registration or other forms (collectively, “Registration Data”); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data and any other information you provide to us; (iv) not to sell, transfer, or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.
7. MODIFICATIONS TO THE WEBSITE
The Companies reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website and to restrict or prohibit access to it, without notice. User agrees that we shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Website. The Companies reserve the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirms that it has no obligation to do so.
8. HYPERLINKS
The Website may contain hyperlinks to websites operated by parties other than the Companies. These hyperlinks do not imply any endorsement by the Companies of or any affiliation with or endorsement by the Companies of the hyperlinked website. User’s access and use of such third party sites, including any information, material, products and services therein, is solely at User’s own risk.
9. DISCLAIMER
THE WEBSITE, THE WEBSITE CONTENT AND THIRD PARTY CONTENT, ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANIES MAKE NO PROMISES ABOUT THE SECURITY, RELIABILITY, TIMELINESS, CORRECTNESS OR ACCURACY OF THE WEBSITE OR ITS CONTENTS OR ITS SUITABILITY FOR ANY PURPOSE WHATSOEVER.
To the extent permitted by law, there are no, and the Companies exclude all, representations, warranties and conditions, express or implied, statutory or otherwise, including any representations, warranties or conditions of merchantable quality, fitness for a particular purpose or non-infringement.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANIES, THEIR AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES (COLLECTIVELY, THE “JTI PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES, OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:
(i) LOSS OF PROFITS, INCOME, REVENUES, OR OPPORTUNITIES;
(ii) BUSINESS INTERRUPTION;
(iii) FAILURE TO REALIZE SAVINGS;
(iv) PROPERTY DAMAGE AND PERSONAL INJURY;
(v) VIRUSES, MALWARE, WORMS OR OTHER HARMFUL COMPONENTS OR SECURITY BREACHES;
(vi) DATA CORRUPTION, DATA LOSS, OR LOSS OF ACCESS TO DATA, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; OR
(vii) LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES;
EVEN IF THE JTI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER RESULTING FROM ANY MISREPRESENTATION, IN TORT, BY CONTRACT OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER.
11. INDEMNIFICATION
User is responsible and liable for: (a) any breach of User’s representations, warranties, covenants or obligations under these Terms of Use and for the consequences of such breach, including any resulting loss or damage incurred by the JTI Parties; (b) any and all activities that occur under User’s age confirmation or registration to the Website; and (c) any and all actions and omissions by User.
User hereby agrees to indemnify, defend and hold harmless the JTI Parties from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from use or access by User or any person accessing the Website, the Website Content or the Third Party Content on behalf of User or violation of these Terms of Use by any such persons. User will assist and co-operate as fully as reasonably required by the JTI Parties in the defense of any such claim or demand.
12. APPLICABLE LAW
These Terms of Use will be governed by the laws of the Province of Ontario and the Federal laws of Canada applicable therein. Any dispute between the Companies and User arising from, connected with or relating to the Website, these Terms of Use, or any related matters must be resolved exclusively before the courts of Ontario, Canada, and User irrevocably submits and consents to the exclusive jurisdiction of those courts in respect of all such disputes.
13. ENTIRE AGREEMENT
These Terms of Use include and incorporate by reference all notices, policies, disclaimers and other terms and conditions contained on the Website, including the Privacy Policy (collectively, the “Additional Terms”). These Terms of Use, including the Additional Terms, as they may be amended from time to time, constitute the entire agreement between User and the Companies relating to access and use of the Website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties with respect to such subject matter. These Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on the Website.
14. ASSIGNMENT
User may not assign or otherwise transfer its rights, duties or obligations hereunder.
15. SEVERABILITY
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
16. NO WAIVER
The Companies will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.
17. TERMINATION
These Terms of Use are effective until terminated or replaced by the Companies, with or without cause, in our sole and exclusive discretion. The Companies may refuse to grant User access to the Website if User fails to comply with any of the Terms of Use. We also reserve the right to terminate or suspend User’s access and use of the Website or any portion thereof at any time, for any reason, with or without cause. Any such termination by us shall be in addition and without prejudice to such rights and remedies as may be available to us, including injunction and other civil or equitable remedies or relief. If these Terms of Use or User’s permission to access or use the Website are terminated for any reason, then (a) these Terms of Use will nevertheless continue to apply and be binding upon User, in respect of prior access to or use of the Website and anything connected with, relating to or arising therefrom. Should User wish to terminate the Website account, please notify us by e-mail at liggettducatcigarettes@jti.com.
Sections 4, 9, 10, 11, 2 and 17 of these Terms of Use shall survive the termination or expiry of these Terms of Use.
18. RIGHTS
All rights not expressly granted herein are reserved.
19. LAST UPDATE
These Terms of Use were last updated on April 19th, 2021.
20. HEADINGS
The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect.
21. CONTACT
Questions, comments or any violations reports should be sent to JTI by e-mail to: privacy.canada@jti.com.
