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, browsing, or registering to use 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 March 1st, 2018.
1.5 If you purchase any products ("Products") via the Website, your purchase will also be governed by our Terms of Sale.
1.6 The Website is for adults who have reached legal age in their jurisdiction of residence to purchase tobacco products. The identity of all users must be verified and users must pass an age verification process in order to register for the Website. You may use the Website only for the purposes expressly permitted by the Website, namely to register and become a member of the Website to have access to: (i) tobacco advertising, namely product information and brand preference advertising regarding tobacco products; (ii) electronic communications as set out in the Notification section below; and (iii) to purchase tobacco products.
1.7 Imperial Tobacco maintains the Website ONLY for adult tobacco consumers identified by name and of legal age to purchase tobacco products in their jurisdiction of residence. The use of the Website by persons who are not of legal age to purchase tobacco products in their jurisdiction of residence is strictly forbidden. Upon joining the Website, you certify that you are of legal age to purchase tobacco products in the jurisdiction where you reside and that you have not provided false information on your registration and have not impersonated anyone else.
1.8 It is a strict condition of your use of the Website 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 tobacco products, or reside in a jurisdiction where the Website is not available, Imperial Tobacco reserves the right to refuse to grant you access to the Website and to suspend or close your account at any time.
1.9 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 Company Limited. (“Imperial Tobacco”, "we", "our" or "us").
2.2 To contact us, please see our Contact Us page or email us at email@example.com or write to us via post at Consumer Service, Imperial Tobacco Company 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, 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. 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 TOBACCO ADVERTISING
The Website contains tobacco advertising, that is to say information advertising and/or brand preference advertising of tobacco products (hereinafter “Tobacco Advertising Content”). This Tobacco Advertising Content is intended for individual users registered with the Website who are adults of legal age to purchase tobacco products only.
YOU MAY NOT IN ANY WAY REPRODUCE OR COPY (IN WHOLE OR IN PART, DIGITALLY, PHYSICALLY OR OTHERWISE), FORWARD, TRANSMIT, SHOW, SHARE OR POST (INCLUDING ON SOCIAL MEDIA, BLOGS, OR OTHERWISE), ANY TOBACCO ADVERTISING CONTENT FOUND ON THE WEBSITE. This prohibition applies whatever the intention or purpose of the prohibited action(s).
For further clarity and without limiting anything above, you must not post Tobacco Advertising Content from, related to or about GLOTM, Imperial Tobacco or its products, in whole or part, on social networking sites, blog sites, chat forums or other ‘user-generated content’ sites, including but not limited to, You Tube, Instagram or Facebook. No statements about Imperial Tobacco, its products or affiliated companies may be made by you on the internet, on any blog, social networking sites or other “user generated content sites”.
4.2 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.
4.3 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.
4.4 You may not change any of the notices regarding copyright, trademarks or other marks that may accompany the Content. You may not link to the home page of our Website, nor 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.
4.5 Unless otherwise specified, all trademarks used on this Website are the property of Nicoventures Trading Limited or of our group companies.
4.6 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.
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.
6.2 in particular, we will not be liable for:
6.2.1 loss of profits, sales, business, or revenue;
6.2.2 business interruption;
6.2.3 loss of anticipated savings;
6.2.4 loss of business opportunity, goodwill or reputation; or
6.2.5 any indirect or consequential loss or damage.
6.3 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.
6.4 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, conditions or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
6.5 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.
6.6 Nothing in these Terms limits or excludes our liability for liability that cannot be limited or excluded by law.
6.7 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.
6.8 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 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.
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 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.
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 validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the province or territory in which you reside.
8.10 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.
8.11 The Website is not available in every province of Canada due to applicable laws. You are prohibited from registering for, accessing or using the Website from any province in which publications containing tobacco advertising are not permitted, such as Quebec. Any attempt to circumvent the Website’s geographic controls is strictly prohibited. Imperial Tobacco reserves the right to close your glo.ca account if it becomes aware of or has any reason to believe that your use of the Website violates these Terms and Conditions or is prohibited by applicable law, or for any other reason at its sole discretion.
9. FEDERAL TOBACCO ACT
Any action and/or activity on your part related to your registration, access and/or use of the Website is DONE AT YOUR OWN RISK. Should any such action and/or activity contravene the federal Tobacco Act, you could personally be liable for heavy fines or even imprisonment.
The federal Tobacco Act generally prohibits the promotion of tobacco with only very limited exceptions. The provisions of the federal Tobacco Act apply to everyone, including individual users of the Website.
Any password(s) for the Website are for your individual, personal use only. You are solely responsible for the security of your password. Imperial Tobacco may monitor use of the Website under your password and may, at its sole discretion and for whatever reason require you to change your password.
Only persons duly registered with the Website may access the site. 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 glo.ca account and/or profile by any other person.
You agree to inform Imperial Tobacco immediately by telephone (1-866-750-5893) or via the Contact/Support option on the Website upon becoming aware of any known or suspected unauthorized use(s) of your username or password, or any breach of security, if at any time your password is, or you have reason to believe it has been, lost, stolen, disclosed, or otherwise compromised.
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 (e.g., password guessing programs, cracking tools, network probing tools, etc.) is strictly prohibited.
By providing your email address to Imperial Tobacco and registering for a glo.ca account, you will receive electronic communications regarding gloTM, your glo.ca account, tobacco product information and/or brand preference advertising of gloTM and tobacco products, services, products, and research opportunities that may be of interest. Individuals registered on the Website can, at any time, unsubscribe from receiving commercial electronic notifications, or manage their notifications by clicking the unsubscribe mechanism contained in each notification or by logging into the Website and editing their notification settings. Users who unsubscribe from receiving commercial electronic notifications may continue to receive certain transactional and/or account-related electronic messages. Users can also close their glo.ca account at any time by logging into the Website, selecting the “Unsubscribe” function in the footer of the page and selecting the “Close my account” or by contacting us at 1-866-750-5893.