Terms & Conditions

1. Introduction

1.1 Please make sure you have read these Website Terms and Conditions carefully, especially the limitations of our liability, before using the Website.

1.2 These Website Terms and Conditions ("Terms"), together with all information and documents referred to in them, govern your use of this website (the "Website"). Use includes accessing or browsing our Website.

1.3 By using this Website, 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 Website. These Terms were most recently updated on April 30, 2019.

1.5 If you do not agree to the Terms, you must not use the Website.

2. Information About Us

2.1 This Website is operated by Imperial Tobacco Canada Limited. (“Imperial Tobacco”, "we", "our" or "us").

2.2 To contact us, please see our Contact Us page or email us at ca-service-client@bat.com or write to us via post at Enquiries - Plain Pack Support, Imperial Tobacco Canada Limited, 3711 Saint-Antoine Street West, Montreal (Quebec) H4C 3P6.

3. Accessing Our Website

3.1 You agree that you will only use the Website for your own personal, non-commercial use.

3.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

3.3 You are responsible for ensuring that you have all hardware and software necessary to access the Website. You should use your own virus protection software when accessing the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

3.4 You agree that you will not: a) use the Website to in any way infringe the privacy or other rights of other users of the Website or any third party; b) use the Website 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; c) do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties users' data. You must not attack our Website 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 Website will cease immediately; d) do anything that subjects the Website or Imperial Tobacco to any derogatory treatment or brings (or might bring) the Website or Imperial Tobacco into disrepute; e) data mine, harvest, screen or web scrape or crawl this Website, its pages or its content or use any process or processes that send automated queries to this Website unless you have obtained our prior written consent; f) misuse or do anything that disrupts all or any part of the Website, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful; or g) 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 Website.

3.5 We do not guarantee that the Website will be secure or free from bugs or viruses.

4. OUR CONTENT

4.1 All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on this Website (“Content”) are owned by us or used with permission. Imperial Tobacco hereby grants you a limited, personal, revocable, non-transferable and non-exclusive license to access, display and use the Content solely and exclusively for non-commercial use. Content may not be otherwise copied, displayed, distributed, licensed, modified, published, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for commercial purposes without the express written consent of Imperial Tobacco. You may not offer for sale or sell any part of the website or its content. You may make any part of the website or content available as part of another website, whether by hyperlink framing or ‹meta›tag on the Internet or otherwise. Our status (and that of any identified contributors) as authors of the content must always be acknowledged. 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.

4.2 You may not change any of the notices regarding copyright, trademarks or other marks that may accompany the Content. You may not use our Content in your own site. You may not deep link (i.e. link to any page other than the home page) to our Website or frame our Website on other websites without our specific written permission.

4.3 If you print-off, copy or download the Content in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

5. YOUR PRIVACY AND OUR USE OF COOKIES

5.1 Any personal information that you provide to us through our Website will only be used in accordance with these Terms and our Privacy Policy. Please ensure that you have read our Privacy Policy before proceeding.

5.2 By providing your personal information to us you are consenting to its use in accordance with these Terms and our Privacy Policy.

5.3 Like many online services we use a feature called a 'cookie', which is a small data file that is sent to your browser from a web server and stored on your device's hard drive. References in these Terms to ‘cookies’ also include other means of automatically accessing or storing information on your device. By agreeing to these Terms, you are providing your consent for us to use cookies in the ways described in our Cookie Policy, however, you may delete any of these cookies at any time if you wish. Please see our Cookie Policy for detailed information on the types of cookies we use on the Website, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.

6. Liability

6.1 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:

6.1.1 use of, or inability to use, the Website; or 6.1.2 use of or reliance on any content displayed on the Website. In particular, we will not be liable for: 1 loss of profits, sales, business, or revenue; 2 business interruption; 3 loss of anticipated savings; 4 loss of business opportunity, goodwill or reputation; or 5 any indirect or consequential loss or damage.

6.2 Please note that we only provide the Website for personal and private use. You agree not to use our Site for any commercial or business purposes.

6.3 The content on our Website 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 Website, 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.

6.4 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 Website or to your downloading of any content on it, or on any website linked to it.

6.5 Nothing in these Terms limits or excludes our liability for liability that cannot be limited or excluded by law.

6.6 This Website 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 Website. Any links to other websites 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 and websites.

7. Events or circumstances beyond our control

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.

8. OTHER IMPORTANT TERMS

8.1 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.

8.2 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.

8.3 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.

8.4 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.

8.5 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.

8.6 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.

8.7 Written communications. We will send e-mail communications to you at the e-mail address you have provided to us, if applicable. You must send all notices and other communications to us using one of the communication methods referred to in the “Contact 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.

8.8 We may change these Terms. We may change, modify or revise these Terms at any time. Any changes made to the Terms will apply 7 days after the date we post the modified terms on our Website. It is your responsibility to check that you have read and agree with the latest Terms on the Website.

8.9 Which laws apply to these Terms. The conditions of use and the content of our Website are governed by the laws of the Province of Quebec, whose courts shall have exclusive jurisdiction.

9. Security

You are prohibited from compromising security or tampering with system resources and/or accounts relating to the Website, or attempting to do so. The use or distribution of tools designed for compromising security is strictly prohibited.

10. Notifications

By agreeing to subscribe for our newsletter about plain packaging and providing your email address to Imperial Tobacco therefore, you will receive electronic communications regarding plain packaging. Individuals can, at any time, unsubscribe from receiving commercial electronic notifications by clicking the unsubscribe mechanism contained in each notification. Users who unsubscribe from receiving commercial electronic notifications may continue to receive certain transactional electronic messages.