Website Shop Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These Terms and Conditions of Use are a legal agreement between you ("you") and Rothmans, Benson & Hedges Inc. ("RBH", "we" or "us") and govern your use of the Canadian shopping component of www.iqos.com or any other online application where these Terms and Conditions are posted (collectively, the "Site") and the sale by RBH to you of products (as that term is hereinafter defined) through the Site.
For greater certainty, the Canadian publication viewing component of the Site is governed by a separate set of terms and conditions, which are available at the Canadian landing page of the Site, before logging into this Canadian shopping component of the Site.
In order to use the Site, you must accept these Terms and Conditions of Use without change. By accessing this Site, you are indicating your acknowledgment and acceptance of these Terms and Conditions of Use and all related policies and guidelines of this Site.
These Terms and Conditions of Use or any other policies or guidelines governing the Site will be posted on the Site and are subject to change by RBH at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms and Conditions of Use posted on the Site at the time of such use. Your continued use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms and Conditions of Use regularly. If you do not agree to any changes to these Terms and Conditions of Use, please immediately discontinue your use of the Site.
In order to use the Site, you must register with the Site, and in order to register with the Site you must be legal smoking age in your province of residence or older. If you choose to register with the Site , you agree to: (i) provide true, current and complete information about yourself in the manner provided for on the Site or otherwise as required by us; and (ii) maintain and promptly update the information about yourself to keep it true, current and complete in the manner provided for on the Site or otherwise as required by us. If RBH believes the information that you provide is not correct, current, or complete, RBH may, in its sole discretion, refuse you access to this Site, and terminate or suspend your access at any time.
RESTRICTIONS ON USE
You may use this Site for purposes expressly permitted by this Site, namely to purchase tobacco products or related products (the “Products”) or register to become part of the RBH database so that you can receive ongoing information from RBH, including but not limited to product information, brand preference advertising and information and/or information regarding the regulation of tobacco products. You may not use this Site for any other purpose without RBH’s express prior written consent.
Further, you are only permitted to use the Site for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from the Site for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:
- a. take any action that imposes or may impose (to be determined in RBH’s sole discretion) an unreasonable or disproportionately large load on RBH’s infrastructure;
- b. interfere or attempt to interfere with the proper working of the Site, or any activities conducted thereon;
- c. bypass any measures RBH may use to prevent or restrict access.
(a) The Site and all information made available through the Site contain text, graphics, photos, logos, icons and other materials, (collectively, "Content") furnished by RBH. The Content is protected under copyright, trademark, and the laws of Canada and other nations. All Content, including the collection, arrangement, and assembly of such content, is the exclusive property of RBH and its licensors. You may not copy, sell, license, transfer, publish, reproduce, distribute, modify, display, distribute in any way, prepare derivative works based on, re-post or otherwise use any of the Content in any way for any public or commercial purpose without the prior written consent of RBH.
(b) Permission is granted to you to download and make one printed copy of the Content for your own private use only, without alterations, so long as the following copyright notice is included: “Copyright © 2016, Rothmans, Benson & Hedges Inc. All rights reserved.” You do not acquire any ownership rights by downloading Content from the Site.
(c) trademarks and logos appearing in this Site are the property of RBH or the party that provided the trade marks and logos to RBH. RBH and any party that provided trademarks, and logos to RBH retain all rights with respect to their respective trademarks and logos appearing in this Site.
Nothing contained in this Site should be construed as granting any license or right to use any Content (including, for greater certainty, any trademark or logo) displayed on this Site.
USER NAMES AND PASSWORDS
The Site may be accessed only by use of a login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized RBH representative.
All user accounts accessed by a login name and password remain the property of RBH, and may be cancelled or suspended at any time by RBH without any notice or liability to you or any other person.
You must immediately notify RBH of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Any link, (including hyperlinks, buttons or referral devices of any kind) used on the Site is provided for your convenience only, and you access any link at your own risk. The appearance of a link on the Site does not constitute an endorsement, recommendation or certification by RBH, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with RBH.
You may not (and may not authorize any other party to) (i) co brand this Site; (ii) frame this Site; or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of RBH. For the purposes of these Terms and Conditions of Use, “co branding” means to display a name, logo, designs, slogans or marks or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site or which may confuse a user as the nature of the relationship between any party and RBH. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from RBH and at all times you will cooperate with RBH following RBH’s discovery of such activity.
Use of any of the Site's or RBH’s content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner is strictly prohibited.
Use of any of the Site's or RBH’s names, logos, designs, slogans, or marks, or any other words or codes identifying the Site in any "metatag" or other information used by search engines or other information location tools to identify and select sites is strictly prohibited.
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE AND THE CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RBH, ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, AGENTS AND ADVISORS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE "RBH RELEASED PARTIES") BE LIABLE TO YOU, AND YOU HEREBY AGREE TO RELEASE THE RBH RELEASED PARTIES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY, STRICT LIABILITY OR OTHERWISE), RESULTING FROM: (I) YOUR USE OR THE INABILITY TO USE OR OBTAIN THE SITE, THE CONTENT OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE AND THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE OR; (IV) THE ACQUISITION OR USE OF ANY PRODUCTS PURCHASED THROUGH THE WEBSITE.
IN NO EVENT WILL THE CUMULATIVE LIABILITY OF RBH ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH PRODUCTS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you only to such extent.
You will indemnify and hold each of the RBH Released Parties harmless from and against any claims, losses, judgements, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Site or the Content, relating to these Terms and Conditions of Use (including any breach by you thereof) or from information that you post to, submit or transmit through the Site.
DISCLAIMER OF WARRANTIES
(a) You understand that RBH cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, malware, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. RBH does not assume any responsibility or risk for your use of the internet.
(b) YOUR USE OF THIS SITE IS AT YOUR OWN RISK. EVERYTHING ON THE SITE AND RELATED TO THE USE OF ITS FEATURES AND SERVICES, INCLUDING THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. RBH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPICABLE LAW. RBH WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
(c) FOR GREATER CLARITY, RBH DOES NOT WARRANT THAT (I) THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, VALID, TIMELY, SECURE, TRUTHFUL, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RBH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. RBH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT RBH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. RBH MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS USED BY YOU AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL. RBH DOES NOT WARRANT THAT THE CONTENT, THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
(d) Except as expressly set out in these Terms and Conditions of Use and in any packaging delivered with the Products, there are no warranties, representations or other agreements regarding the Products purchased through the Site.
You must be of legal smoking age to purchase Products. By submitting an order for Products, you represent that you are of legal smoking age and you are not purchasing Products for any other person. When you pick up Products from a RBH retail sales location, or collect the Products that are shipped to you, you must be able to present proof that you are legal smoking age and that you are the person who placed the order. Acceptable proof includes a valid driver’s licence, passport, citizenship card with photograph, or armed forces card.
PAYMENT BY CREDIT CARD OR OTHER METHOD OF PAYMENT
Payment for the purchase of Products must be made only by the methods set out on the Site, which are determined from time to time, in our sole discretion. Please complete the payment section at the checkout page in full. By submitting your order, you represent that you are authorized to use the designated credit card or other method of payment (e.g. Paypal) and you authorize RBH to charge your order to that credit card or other method of payment. RBH reserves the right to obtain authorization from the issuer of a credit card and reserves the right to decline to accept any proposed transaction.
Every effort has been made to stock adequate quantities of the goods offered on the Site. Nevertheless, some items referred to on the Site may be or become out of stock.
If RBH is unable to fill an order for a Product ordered through the Site, you will be notified by email and we will only charge on your credit card or other method of payment for the Products that fulfilled the order.
RBH reserves the right to limit order quantities of Products in compliance with applicable laws. Minimum and maximum order quantities as well as order values will be set and changed from time to time. RBH may, in its sole discretion, reject an order if it appears you are attempting to circumvent an order limit.
Prices for Products quoted on the Site are in Canadian dollars. Prices are subject to change without notice.
As certain Products cannot be delivered across provincial borders in Canada, Products will only be delivered to an address in a province in which RBH has a retail sales location and deliveries will originate in such province.
RBH does not guarantee the exact delivery time of any order. Orders must be paid in full before they are delivered to their destination.
You will be contacted by email once your order has shipped and/or is ready for pick up.
Prior to your collection of any Products, you must present a copy of your receipt (which will be emailed to you) and government issued photo ID to prove that you legal smoking age and that you are the person who placed the order.
It is your responsibility to be at the delivery address to receive your Product shipment. Products will not be left unattended.
Acceptable government issued photo ID as proof of your age and identity includes a valid driver's licence, passport, citizenship card with photograph, or armed forces card.
Title to Products passes from RBH to you when such Products are released to you or a delivery agent at an RBH retail sales location or when such Products are identified by RBH and appropriated by RBH, pursuant to these Terms and Conditions of Use entered into with you, by placing such Products in a container suitable for delivering such Products to you pursuant to the address particulars indicated in your order and/or the delivery mechanism indicated in your order and/or destined for the courier depot indicated in your order.
For delivery, if you are not at the delivery address to receive your shipment we, through our appointed courier, will keep Products at the courier’s depot for a limited number of days, before they are returned to RBH. Once Products are returned to RBH, we may cancel your order and issue a refund back on your credit card or other method of payment.
There are no delivery charges for Products picked up from a RBH retail sales location. Depending on the method of delivery selected, there is a flat fee delivery charge for Products shipped to the delivery address indicated in your order. The flat fee will be determined based on the selected delivery type.
RBH attempts to ensure that the information on the Site is accurate. However, no warranty of accuracy or completeness is expressed or implied. RBH expressly reserves the right to correct errors and to change or update information on the Site at any time without notice. If a Product offered on the Site is not as described, your only remedy is to return it for a refund. In the event of an error in an order confirmation, in processing an order, in delivering a Product or otherwise, RBH reserves the right to correct the error and revise your order accordingly or to cancel the order and to refund any amount charged to you. Your only remedy in the event of an error is to cancel your order and to obtain a refund.
If you are not completely satisfied with any Product, you may return it for a refund equal to the purchase price (excluding the amount of the delivery charge (if any)) for such Product, subject to the following conditions: (i) the Product must be in saleable condition, meaning it is unopened if it is a tobacco product (ii) the Product must be returned within thirty (30) days after pickup or delivery, and (iii) the Product must be accompanied by the original receipt. Returns will not be accepted without your receipt as proof of purchase. RBH will issue you a refund (i) by a credit to the credit card that you used to purchase such Products, or (ii) through other method of payment by that same method of payment.
These Terms and Conditions of Use and each purchase of Products through the Site are governed by, and shall be construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.
RBH shall not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.
RBH may discontinue or suspend, temporarily or permanently, any presently available Products at any time without prior notice.
These Terms and Conditions of Use constitute the entire agreement between you and RBH relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), of the parties regarding such subject matter.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
If any provision of the Terms and Conditions 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 and Conditions of Use remain in full force and effect.
RBH will not be considered to have waived any of its rights or remedies described in these Terms and Conditions of Use unless the waiver is in writing and signed by RBH. No delay or omission by RBH in exercising its 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. RBH’s failure to enforce the strict performance of any provision of these Terms and Conditions of Use will not constitute a waiver of RBH’s right to subsequently enforce such provision or any other provisions of these Terms and Conditions of Use.
LAST UPDATED: October 3, 2017