Vuse Vape NZ Terms & Conditions | Vuse NZ
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Terms & Conditions

1. When did we last update these Website Terms?
July 2021

2. About our Website Terms

2.1. These website terms and conditions, together with all information and documents referred to within them, (collectively our Website Terms), govern your use of British American Tobacco (New Zealand) Limited’s (BATNZ, we, our, or us) websites including batnz.co.nz; vuse.co.nz; vuse.com.au; vusionry.co.nz as well as any applicable redirected websites (collectively our Websites). Our Websites are operated by us.
2.2. By using our Websites (including accessing, browsing, or registering to use them), you agree to and accept these Website Terms (as well as our Privacy Policy and, if applicable, our Terms and Conditions of Sale).
2.3. Please make sure you have read these Website Terms carefully, especially the limitations of our liability, before using our Websites, or placing an order for one of our products (Products) through any of our Websites (an Order).
2.4. We may amend these Website Terms from time to time by publishing updated Website Terms on our Websites. Please review our Website Terms regularly to ensure you understand the terms and conditions that apply to you each time you use our Websites.
2.5. If you create an account on our Websites (an Account) or place an Order, your Account and your purchases will also be governed by our Terms and Conditions of Sale.
2.6. If you do not agree to our Website Terms, you must not use our Websites.

 

3. How can you contact us?

If you have any questions about our Websites or our Products, you can:

(a) write to us at: British American Tobacco (New Zealand) Limited, P.O. Box 2618, Auckland 1010, New Zealand
(b) email us at: info.nz@vuse.com (if you are in New Zealand) or info.au@vuse.com (if you are in Australia)
(c) call us on: 0800 897 369 (if you are calling from within New Zealand) or 1 800 413 805 (if you are calling from Australia)


4. Accessing our Websites

4.1. Our Websites are available for use within New Zealand and Australia (respectively) and are not intended for access or use by visitors outside New Zealand or Australia (respectively). If you are 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 or Australia (respectively) you:

(a) are not permitted to access or use our Websites; and
(b) must immediately cease accessing and using our Websites.

4.2. You agree that you will only use our Websites for your own personal, and non-commercial, use.
4.3. We do not guarantee that our Websites, or any content on them, will always be available or be uninterrupted. Access to our Websites is permitted on a temporary basis only.
4.4. We may suspend, withdraw, discontinue or change all or any part of our Websites without notice.
4.5. We will not be liable to you if for any reason our Websites are unavailable at any time or for any period.
4.6. You are responsible for:

(a) ensuring that you have all hardware and software necessary to access our Websites;
(b) 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 our Websites; and
(c) ensuring that all persons who access our Websites through your internet connection are aware of these Website Terms and any other applicable terms and conditions, and that they comply with them.

4.7. You:

(a) will not use our Websites to in any way infringe the privacy or other rights of other users of our Websites or any third party;
(b) will not use our Websites 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) will not do anything that may cause damage to our Websites or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data;
(d) must not attack our Websites via a denial-of-service attack or a distributed denial-of-service attack and accept if you breach this provision :
(i) you would commit a criminal offence in New Zealand under the Crimes Act 1961; and
(ii) you may commit a criminal offence in Australia under the Crimes Act 1914 (Cth) or the Criminal Code Act 1995 (Cth); and
(iii) 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; and
(iv) your right to use our Websites will cease immediately;
(e) will not do anything that subjects us or our Websites to any derogatory treatment or brings (or might bring) our Websites or us into disrepute;
(f) will not data mine, screen or web scrape or crawl our Websites, their pages or contents or use any process or processes that send automated queries to our Websites unless you have obtained our prior written consent;
(g) will not misuse or do anything that disrupts all or any part of our Websites, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful; or
(h) will not 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 our Websites.

4.8. We do not guarantee that our Websites will be secure or free from bugs or viruses, or that any information that you transmit to us using our Websites is secure.


5. About the content on our Websites

5.1. All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on our Websites (Content) are owned by us or used with permission.
5.2. Although you can copy any part of our Websites to your own computer for your personal use, you may not copy or incorporate any of the Content available on our Websites 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.
5.3. You may not:
(a) post or redistribute any portion of our Websites unless you have a license from us to do so;
(b) change any of the notices regarding copyright, trademarks or other marks that may accompany the Content;
(c) copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert any Content to another form; or
(d) deep link (i.e. link to any page other than the home page) to our Websites or frame our Websites on other websites without our specific written permission.
5.4. We retain full and complete title to all Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it.
5.5. Unless otherwise specified, all trademarks used on our Websites are our property (or property of our group companies).
5.6. If you print off, copy, or download the Content in breach of these Website Terms, your right to use our Websites will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
5.7. Our Websites often use third-party applications or providers, including Worldpay, Zip, PushOwl, Smile, Yotpo and Klaviyo. These third-party applications or providers are subject to separate terms and conditions, which:
(a) for WorldPay can be found at worldpay.com/terms/terms-of-use/;
(b) for Zip can be found at zip.co/page/terms-and-conditions/;
(c) for PushOwl can be found at: https://pushowl.com/terms-and-conditions;
(d) for Smile can be found at https://smile.io/terms-of-service;
(e) for Yotpo can be found at https://www.yotpo.com/terms-of-service/; and
(f) for Klaviyo can be found at https://www.klaviyo.com/legal/terms-of-service.
Where they are applicable to you, you should ensure that you have read and agreed with these terms and conditions before using our Websites.
6. How do we use your personal information?
6.1. Please ensure that you have read our Privacy Policy.
6.2. Any personal information that you provide to us through our Websites, or authorise us to collect, will only be used in accordance with these Website Terms, our Privacy Policy, or our Terms and Conditions of Sale.
6.3. By providing your personal information to us you are consenting to its use in accordance with these Website Terms, our Terms and Conditions of Sale, and our Privacy Policy.

7. Our limitation of liability
7.1. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our Websites or any content on them, whether express or implied.
7.2. We will not be liable in any way for:
(a) 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:
(i) use of, or inability to use, our Websites; or
(ii) use of or reliance on any content displayed on our Websites;
(b) loss, damage, or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Website 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 an Order is accepted, legislative or administrative interference; or
(c) any indirect, consequential, or economic loss, cost, or damage or loss of profits, loss of revenue, loss of goodwill, or loss of anticipated savings incurred by you in connection with any act or omission of ours or in relation to any error, omission or representation in any information provided to you;
(d) prohibited use of our Websites, including for any loss of profit;
(e) 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 Websites or to your downloading of any content on it, or on any website linked to them;
(f) the content of websites linked on our Websites; or
(g) any loss or damage that may arise from your use of links to other websites on our Website, where you need to make your own decision as to whether to use third party products, services, and websites.
7.3. You are only permitted to use our Websites for domestic and private use. You agree not to use our Websites for any commercial, business or resale purposes.
7.4. Nothing in these Website Terms excludes or limits in any way our liability to you where it would be unlawful to do so. This includes:
(a) your legal rights in New Zealand under, for example, the Consumer Guarantees Act 1993;
(b) your legal rights in Australia under, for example, Schedule 2 of the Australian Competition and Consumer Act 2010;
(c) our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees; or
(d) for any other liability that cannot be limited or excluded by law.
7.5. The content on our Websites 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 Websites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Websites is accurate, complete or up to date.
7.6. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Products to you. These are set out in our Terms and Conditions of Sale.

8. References to third party products, services, websites, or information
8.1. Our Websites may refer to products or services of third parties. We do not endorse or make any warranties or representations about those products or services.
8.2. Our Websites may link to third-party websites or information. We do not endorse or make any warranties or representations about those sites or information. Any links to other websites are provided for your convenience only.
8.3. You need to make your own decision as to whether to use third-party products, services, or websites.

9. Linking to our Websites
9.1. You may link to the home page of our Websites but may not use our Content in, or on, your own or another website without our permission.
9.2. If you link our Websites to your website, you must remove the link at our request.

10. Other important terms
10.1. Your compliance: You must comply with:
(a) any additional terms and conditions, or instructions from us, brought to your attention on our Websites or correspondence from us; and
(b) all applicable New Zealand or Australian laws (respectively) relating to your use of our Websites, including your purchase, use and disposal of the Products.
10.2. Legally binding: You agree and acknowledge that these Website Terms are intended to create legally binding obligations on you in accordance with its terms. Those obligations, and the contract it creates, is between you and us. Subject to clause 10.5(b), no other person shall have any rights to enforce any of its terms.
10.3. Severance: If any part, or parts, of these Website Terms are, or become, invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of these Website Terms shall not in any way be affected or impaired.
10.4. Waiver: No failure or delay in exercising any right, power or privilege under these Website Terms will operate as a waiver of such right, power or privilege, nor will any single or partial exercise of such right, power or privilege preclude any further exercise of such right, power or privilege under these Website Terms or otherwise.
10.5. Transfer of rights:
(a) You need our consent, in writing, to transfer your rights or obligations under these Website Terms to someone else.
(b) We may, at any time, transfer or assign all, or any part, of our rights and obligations under these Website Terms to a related company, or to a third party, without your consent.
10.6. Communications between us:
(a) We will send notices and other communications to you at the e-mail address you have provided to us.
(b) You must send all notices and other communications to us using one of the communication methods referred to in clause 3.
(c) Any notices sent by e-mail or via the Contact Us form on our Websites will be deemed to have been received 24 hours after the time sent by the sender.
(d) Any notices sent by post will be deemed to have been received three working days from and including the date of postage.
(e) Any notices issued by us that appear on our Websites will be deemed to have been received when you next use our Websites, unless expressly stated otherwise.
10.7. Relationship of the parties: Nothing in these Website Terms, or in the relationship between you and us, shall be construed as creating a partnership or joint venture or giving you or us any right to bind the other in any way, except as permitted by these Website Terms.
10.8. Governing law: These Website Terms are governed by, and interpreted in accordance with, New Zealand law. We both agree to submit to the exclusive jurisdiction of the courts of New Zealand.