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Terms and Conditions

Information about www.mybat.co.nz

In the Terms and Conditions: (i) www.mybat.co.nz refers to this website and any online services which may be provided through this website from time to time: (ii) “you” and “your” refers to the user of www.mybat.co.nz; and (iii) “we”, “us”, and “BATNZ” refers to British American Tobacco (New Zealand) Limited.

Your use of www.mybat.co.nz is subject to the terms and conditions set out in this notice and the terms of your Commercial Trading Account with BATNZ , together, “Terms and Conditions”. If you do not agree to be bound by the Terms and Conditions, you must immediately cease using www.mybat.co.nz.

www.mybat.co.nz is operated by BATNZ and is intended for use by authorised New Zealand tobacco retailers and their employees. Unauthorised persons and any persons younger than 18 years of age, MUST NOT access or use www.mybat.co.nz. If you are using www.mybat.co.nz on behalf of another person (such as your employer), you MUST be authorised to do so and to enter into the Terms and Conditions on that person’s behalf.

BATNZ reserves the right at any time without notice to:

  1. make changes to the www.mybat.co.nz website and its content;
  2. suspend or permanently discontinue all or any part of www.mybat.co.nz;
  3. restrict or prohibit your access to www.mybat.co.nz if you fail to comply with the Terms and Conditions.

Any questions or enquiries relating to www.mybat.co.nz should be made by email to contactus@bat.com or by calling 0800 228690 (0800 TOBACCO).

Disclaimer

BATNZ takes reasonable steps to ensure the quality and integrity of the information and content provided through www.mybat.co.nz. However, we do not warrant the accuracy, completeness, reliability or currency of such information and content, or that such content is free from errors and defects or any harmful or malicious code or devices. The information provided through www.mybat.co.nz is not intended to be, nor should it be, relied upon as constituting professional, investment, medical or legal advice.

Your use of www.mybat.co.nz

You acknowledge and agree that your access to this website is dependent on the Internet service provider used. Any costs associated with your use of www.mybat.co.nz are solely your responsibility.

You agree to use www.mybat.co.nz for lawful purposes only, and must comply with all applicable laws and all our reasonable directions concerning the use of www.mybat.co.nz.

You MUST NOT:

  1. permit another person to use your security credentials or login details, including usernames, passwords or access keys, to view or access any part of www.mybat.co.nz other than those responsible employees nominated by you and notified in advance to BATNZ;
  2. copy, misuse, modify, adapt, reproduce, distribute, publish or sell any content on the www.mybat.co.nz website unless expressly authorised by BATNZ. However, you may print out or download a reasonable number of copies of any invoices and your order history records made available to you through your www.mybat.co.nz account;
  3. offer for sale, sell or distribute over any medium any part of www.mybat.co.nz
  4. use www.mybat.co.nz to send, post, transmit, use, copy or access any content which is or may be considered to be defamatory, discriminatory, derogatory, abusive, harassing, threatening, obscene, indecent or sexually inappropriate, in breach of any intellectual property, privacy, publicity or other rights, or otherwise unlawful or unsuitable for publication;
  5. use www.mybat.co.nz to send any unsolicited promotional or advertising material, spam or similar materials, or any volume messages which may interfere with the operation or enjoyment of www.mybat.co.nz by others;
  6. submit or send any false or fraudulent enquiries or requests using www.mybat.co.nz;
  7. knowingly transmit any computer virus, worm, Trojan, spyware, malware or any harmful or malicious code, scripts or software, or any files containing the same, via www.mybat.co.nz;
  8. make any part of www.mybat.co.nz available as part of another website, whether by hyperlink framing on the Internet or otherwise unless you have been authorised to do so in writing by BATNZ;
  9. permit another person to do any of the above.

You MUST:

  1. keep your security credentials for access to www.mybat.co.nz secret and confidential and must not disclose those security credentials to any other person (other than a person authorised to access and use www.mybat.co.nz on your behalf;
  2. notify BATNZ immediately upon becoming aware that your security credentials have or may have been compromised and of any unauthorised access to or use of www.mybat.co.nz or your www.mybat.co.nz account;
  3. be vigilant to computer, network and software security risks, and maintain adequate anti-virus, anti-malware and firewalls to protect any computers and personal devices you use to access www.mybat.co.nz against such security risks;
  4. comply with all relevant laws relating to the sale of tobacco products including the Smoke-free Environments Act 1990;
  5. comply with the Terms and Conditions and ensure that any persons authorised to access www.mybat.co.nzon your behalf comply with the Terms and Conditions.

Links to third party sites

BATNZ reserves the right to add, change or delete any links to third party sites and aggregated content from third party sources from time to time.

The links to third party sites are provided for general information purposes and do not imply an endorsement by BATNZ of the information or content or any right or licence in relation to use of such content. BATNZ does not hold itself out to be, nor should it be considered, a publisher of such information and content.

We have no control over the content of any linked third party sites or aggregated content from third party sources and we give no warranty or representation as to the completeness, accuracy, quality, reliability or nature of the content of any linked third party sites. You are solely responsible for evaluating the quality and reliability of linked third party sites and aggregated content for your own purposes.

Intellectual property

All copyright, trademarks, and other intellectual property rights are used as part of www.mybat.co.nz are vested in British American Tobacco Group companies and/or its licensors. You acquire no rights in www.mybat.co.nz other than the limited right to use www.mybat.co.nz in accordance with the Terms and Conditions.

No Warranties

To the fullest extent permitted by law, BATNZ excludes all warranties relating to the use of www.mybat.co.nz unless expressly stated otherwise. You acknowledge and agree that your access to and use of www.mybat.co.nz is at your own risk. While BATNZ takes reasonable steps to ensure the security of www.mybat.co.nz and associated data, we do not warrant that information and data processed using www.mybat.co.nz will be protected against unauthorised access, use, interference and disclosure by any third party or otherwise.

Liability

BATNZ is not responsible for any loss or damage, including any loss of use of or interference with any information and data, or any damage or interruption to your computer, network or software which may result from your use of www.mybat.co.nz.

To the fullest extent permitted by law, BATNZ will not be liable for any loss or damage of any kind, whether direct, indirect, consequential, special or otherwise, however caused and whether arising in contract, tort, under statute or otherwise (including negligence), including, without limitation, loss of profit, loss of opportunity, loss of goodwill, business interruptions and lost management time.

You agree to indemnify, defend, release and hold BATNZ harmless in respect of all damages, losses, liability, costs, claims and expenses directly or indirectly arising out of your access or use of www.mybat.co.nz and any failure to comply with the Terms and Conditions.

Information that you provide us

By providing us with information through www.mybat.co.nz, you agree that we may use, reproduce, modify, adapt, publish and transmit such information without restriction subject to our Privacy Statement available on www.mybat.co.nz. You warrant that any information which you provide us via www.mybat.co.nz is accurate, complete and up to date and is suitable for the purpose for which it is provided.

Privacy notice

BATNZ respects the privacy rights of all our customers and their employees. We may collect, hold, use and disclose any personal information provided via www.mybat.co.nz in accordance with applicable privacy laws and our Privacy Statement available on www.mybat.co.nz. In particular, we may use such information for the purposes it was provided and may, for such purposes, disclose the information to third parties, including our agents, contractors and IT service providers and, where required, to regulatory or law enforcement authorities. Our IT service providers store data in approved overseas locations, including the United Kingdom and Germany, and are required to comply with applicable privacy and data protection laws. Our Privacy Statement contains information about how you may request access to or correction of any personal information we hold about you, and how you can make a complaint if you consider that we have breached any privacy laws.

Electronic Messages

You consent to receiving product and sales information and data and other material by way of electronic message from BATNZ.

Changes to the Terms and Conditions

BATNZ may vary the Terms and Conditions at any time by publication on the www.mybat.co.nz website.

General

If at any time BATNZ does not enforce any provision of the Terms and Conditions or grants you time or other indulgence, BATNZ will not be construed as having waived that provision of the Terms and Conditions or its rights to later enforce that or any other provision of the Terms and Conditions.

If any provision of the Terms and Conditions is deemed to be invalid, unenforceable or in conflict with the law, that provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that provision. The remaining Terms and Conditions will be binding on the parties.

These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.

Copyright 2015 British American Tobacco New Zealand, All Rights Reserved

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