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Terms & Conditions

Contents

  1. Introduction
  2. Information about us
  3. Accessing our website
  4. Our content
  5. Your privacy and our use of cookies
  6. Liability
  7. Events or circumstances beyond our control
  8. Other important terms

1. Introduction

1.1 These Website Terms and Conditions, together with all information and documents referred to in them ("Terms"), govern your use of this website https://www.vype.co.nz (the "Website"). Use includes accessing, browsing, or registering to use our Website. Please make sure you have read these Website Terms and Conditions carefully, especially the limitations of our liability, before using the Website.

1.2 By using this Website, you agree to and accept these Terms. You should print a copy of these Terms or save them for future reference.

1.3 We may amend these Terms from time to time by publishing updated Terms on this Website. Please review them regularly to ensure you understand the terms that apply each time you use the Website.

1.4 If you create an account on the Website and/or purchase any products via the Website ("Products"), use of your account and any purchases will also be governed by our Terms and Conditions of Sale

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 British American Tobacco (New Zealand) Limited, a company registered in New Zealand under company number 158705 ("BAT", "we", "our" or "us").

2.2 If you have any questions about this Website or the Products, please call our Vype Care Team on 0800 VYPENZ (0800 897 369) or email on info@vype.co.nz.

3. Accessing our website

3.1 IMPORTANT NOTICE: The Website is available for use within New Zealand and is not intended for access or use by visitors outside New Zealand. If you are located in another country you may be subject to other laws, including data protection laws. For that reason, if you are not located in New Zealand you are not permitted to access or use, and you must immediately cease accessing and using, our Website.

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

3.3 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.

3.4 You are responsible for ensuring that you have all hardware and software necessary in order to access the Website. You are also responsible for taking your own measures to reduce the risk of viruses or other forms of unauthorised code, including by using 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.

3.5 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, nor access or attempt to access any users' data.  You must not attack our Website 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 Crimes Act 1961. 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 BAT to any derogatory treatment or brings (or might bring) the Website or BAT into disrepute;

(e) data mine, 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.

3.6 We do not guarantee that the Website will be secure or free from bugs or viruses, or that any information that you transmit to us using the Website is secure.

4. Our content

4.1 All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trade marks, logos and other content available on this Website (“Content”) are owned by us or used with permission.

4.2 Although you can copy any part of this Website to your own computer for your personal use, you may not copy or incorporate any of the Content available on the Website 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 Website 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.

4.3 You may not change any of the notices regarding copyright, trade marks or other marks that may accompany the Content. You may link to the home page of our Website, but 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.

4.4 Unless otherwise specified, all trademarks used on this Website are the property of BAT or our group companies.

4.5 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, or authorise us to collect, 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.

6. Liability

6.1 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied. We will not be liable 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:

(a) use of, or inability to use, the Website; or

(b) use of or reliance on any content displayed on the Website.

6.2 You are only permitted to use the Website for domestic and private use. You agree not to use our Website for any commercial, business or resale purposes. For the avoidance of doubt, we have no liability to you whatsoever in connection with any such prohibited use, including for any loss of profit. We will not be liable for any loss or damage caused by a virus, 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.

6.3 Nothing in these Terms excludes or limits in any way our liability to you where it would be unlawful to do so. This includes your legal rights under the Consumer Guarantees Act 1993, our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. 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. If you link this Website to your website, you must remove the link at our request.

6.4 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 or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

6.5 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Products to you, which will be set out in our Terms and Conditions of Sale

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, which include but are not limited to vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, strike, lock-out or other industrial disputes (whether or not involving our employees) or shortage of materials or fuel at the market rates existing when the order is accepted, legislative or administrative interference.

8. Other important terms

8.1 You must comply with any additional terms and conditions, or instructions from us, brought to your attention on the Website or correspondence from us. You must comply with all applicable New Zealand law relating to your use of the Website, including your purchase, use and disposal of the Products.

8.2 These Terms (together with other terms and conditions notified to you on our website) constitute the entire agreement between you and BAT relating to this Website and supersede and cancel any previous representations, agreements, understandings or arrangements (whether written or oral) between you and BAT.

8.3 The headings used in these Terms are for reference purposes only and do not affect the interpretation of these Terms.

8.4 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.

8.5 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, the relevant provision will be limited or removed to the minimum extent necessary. This will not affect the validity of the remaining Terms which will remain in full force and effect.

8.6 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.

8.7 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.

8.8 We may transfer or assign our rights and obligations under these Terms to a related company (within the meaning of section 2(3) of the Companies Act 1993, provided that a related company may be registered in New Zealand or overseas) or to a third party purchaser of all or any part of BAT’s business and/or assets.

8.9 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 clause. Any notices sent by e-mail or via the Contact Us form on the Website will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by post will be deemed to have been received three working days from and including the date of postage. Any notices issued by us that appear on our Website will be deemed to have been received when you next use the Website, unless expressly stated otherwise.

8.10 These Terms are governed by New Zealand law. You and we both agree that the courts of New Zealand will have exclusive jurisdiction.

These Terms were last updated on 5 December 2018