1. GENERAL PROVISIONS
1.1. Please read these Site Use Terms (hereinafter referred to as the Agreement) carefully. Use of this Site constitutes an agreement providing for these terms and conditions. The Agreement shall come into force from the moment you (hereinafter referred to as the User) express your consent to its terms, including by viewing the information located on the Site. At the same time, the registration of the User on the Site means the full and unconditional acceptance of the terms of this Agreement by him/her.
1.2. This Agreement is a public document.
1.3. This Agreement may be changed and/or supplemented by the Site owner at any time unilaterally without any special notification.
1.4. The Site owner recommends that Users regularly check the terms of this Agreement for changes and/or additions. Continued use of the Site by the User after introduction of changes and/or additions to this agreement means the acceptance and consent of the User with such changes and/or additions.
1.5. This Agreement is indefinite and may be terminated at any time at the initiative of the Site owner.
1.6. This Site is intended exclusively for adult consumers of tobacco products (citizens of Ukraine over 18 years of age) to provide them with reliable information about the main consumer properties and quality characteristics of tobacco products and smoking accessories. Persons under the age of majority are prohibited from using the Site.
1.7. Information on the Site is provided to Users free of charge, without any warranties or guarantees, except as otherwise noted.
1.8. None of the materials posted on the Site shall be considered by the User as downplaying the health risks associated with smoking. Despite the fact that tobacco smoking is associated with real health risks, all the products presented on the Site are legal products throughout the world.
1.9. If you believe that any material on the Site is inappropriate or offensive, or any of the terms of the Agreement is unacceptable to you, please stop using this Site and notify the Site owner to further block access to the Site and deletion of all the information specified by you in the message sent to the Site owner.
1.10. Please send all questions and suggestions regarding this Site using the form located in the Feedback section.
1.11. The Site owner also reserves the right at any time to change the design of the Site, its content, any or all the content, list of services, change or supplement the scripts used, software and other objects used or stored on the Site, any server applications, restrict access to the Site or its individual sections at any time with or without prior notification.
1.12. It is prohibited to use the Site to advertise or offer commercial services of third parties.
1.13. The information contained on the Site may contain inaccuracies and typographical errors. The Site owner, however, is under no obligation to regularly update the information on the Site.
1.14. Except as otherwise specifically provided on this Site, the Site Owner is not responsible for the content/use of information on the Site, as well as the content/use of messages sent or received by the User.
1.15. The Site Owner reserves the right at any time and without notification to expand, modify, suspend or completely close the entire Site or any part of it, as well as restrict or prohibit access to it.
1.16. The Site Owner does not guarantee uninterrupted and error-free operation of the Site, the periodic correction of its defects and its compatibility with your computer, hardware and software.
1.17. This Agreement shall be regulated by and construed in accordance with the laws of Ukraine. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of Ukraine.
1.18. If, for any another, one or more provisions of this Agreement are found to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.
1.19. Any individual who has reached the age of 18 or a legal entity can book/issue goods on the site.
1.20. The goods are paid for by wire transfer through payment systems.
2. LINKS TO THE THIRD PARTIES SITES
2.1. This Site may contain links to sites owned or used by others. Such links are provided only for your convenience. The Site Owner does not control and is not responsible for their use, content, privacy practices or security of such sites, including, but not limited to any opinions or statements expressed on third party sites or their Content.
2.2. Without prejudice to the foregoing, the Site Owner specifically disclaims liability if such sites:
- violate the intellectual property rights of third parties;
- are inaccurate, incomplete and misleading;
- unsuitable for commercial or other specific purposes;
- do not provide proper security;
- contain viruses and other destructive elements;
- are libelous or slanderous.
2.3. If the User follows a link to the above sites or the Site, the User does so at its own risk.
2.4. A link to any site, product, service, any information of a commercial or non-commercial nature posted on the Site does not constitute an endorsement or recommendation of these products (services) by the Site Owner.
3. EXCLUSIVE RIGHTS
3.1. All objects posted on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects and their collections (hereinafter referred to as the Content), are subject to the exclusive rights of the Site Owner, Site Users and other copyright holders, all rights to these objects are reserved.
3.2. Except as otherwise provided by this Agreement, as well as the applicable legislation of Ukraine, no Content may be copied (reproduced), processed, distributed, displayed, published, downloaded, transferred, sold or otherwise used in whole or in part without the prior permission of the copyright holder, except cases when the copyright holder expressly granted its consent to free use of the Content by any person.
3.3. This Agreement does not grant the User any exclusive rights to intellectual property posted on the Site.
3.4. By posting on the Site the Content legally owned by it, the User transfers to the Site Owner for the entire term of copyright protection provided for by the legislation of Ukraine, a non-exclusive right to its permanent and free use, including through the right of assignment, by viewing, reproduction (including copying), translation, making available to the public, adaptation (including print copies), modification, adaptation, public presentation, publication, creation of derivative works, distribution, performance, worldwide and/or inclusion in other works distributed in an already known way, and in any way not yet invented, without limiting the validity of these rights and any other rights that may be associated with the material sent or posted by the User, subject to the confidentiality conditions listed in this Agreement.
Herewith, the Site Owner is also entitled to use the User Content in the above way for the purposes of the Site or in connection with them, including for its promotion. For these purposes, the Site Owner may also produce derivative works or insert User Content as components into the relevant collections, perform other actions to achieve these objectives. The User confirms and agrees that it will not receive payment of any remuneration or compensation in any other form for the use of the Content, and that the Site Owner is not obliged to indicate the User as the author of the Content.
3.5. If the User removes its Content from the Site, the rights mentioned in clause 3.4 of the Agreement will be automatically revoked, however, the Site Owner has the right to retain archival copies of User Content for an indefinite period.
3.6. The Site Owner does not return to the User any materials posted by the User on the Site.
3.7. The User is not entitled to download or otherwise make public (publish on the Site) the Content of other sites, databases and other results of intellectual activity in the absence of the express consent of the copyright holder to such actions.
3.8. Any use of the Site or Content, except as permitted in this Consent or in case of the express consent of the copyright holder to such use, without the prior written permission of the copyright holder, is strictly prohibited.
3.9. Unless otherwise expressly provided in this Agreement, nothing in it can be considered as a transfer of exclusive rights to the Content.
3.10. Nothing in this Agreement grants the User the right to use the trade name, trademarks, domain names and other distinguishing marks of the Site.
3.11. The User is personally responsible for any Content or other information that it uploads or otherwise brings to the public (publishes) on the Site or with its help. The User does not have the right to upload, transfer or publish Content on the Site if it does not have the appropriate rights to perform such actions, acquired or transferred to it in accordance with the legislation of Ukraine.
3.12. The Site Owner may, but is not obligated to review the Site for prohibited Content and may remove or move (without notification) any Content or users at its sole discretion, for any reason or no reason, including, but not limited to movement or removal of the Content that, in the subjective opinion of the responsible persons of the Site Owner, violates this Agreement, the legislation of Ukraine and/or may violate the rights, harm or threaten the safety of other Users or third parties.
3.13. By posting Content on the Site, the User confirms that:
- such materials are the User’s own creation and/or that the User has the right to provide them to the Company for all of the above purposes, as well as
- such materials do not contain slander and/or any information that offends the honor and dignity of a person, as well as
- placement of such materials, as well as the materials themselves do not violate any laws.
The User undertakes to reimburse the Website Owner for any legal costs, damages and other costs that it may incur as a result of the violation of the conditions specified in this Agreement by the User.
4. ACCESS GRANTING PROCEDURE
4.1. To gain an access to use the Site, the User shall be of legal age (18 years) and a consumer of tobacco products.
4.2. Access is provided free of charge and only to adult tobacco users.
4.3. To gain access, the User shall register in the manner prescribed on the Site.
4.4. When registering on the Site, the User is obliged to provide the Site Owner with the required reliable and up-to-date information for the formation of the User’s personal page (Personal Account), including a login unique for each User (an email address or a combination of Latin letters and numbers to enter the Site) and a password for access to the Site, as well as the last name and first name, information about the age of the Consumer and its preferences. The Site Owner also has the right to request additional information from the User.
4.5. The User is responsible for the accuracy, relevance, completeness and compliance with the legislation of Ukraine of the information provided during registration.
4.6. Words and names, use of which is prohibited in accordance with this Consent, the applicable legislation of Ukraine and international legal acts, including, but not limited to obscene language, names registered as trademarks (regardless of the ICGS class), trade names and commercial designations, if the User does not own exclusive rights to them. In case of a violation of these conditions, the Site Owner has the right to prohibit the User from using the name assigned to it, including, if applicable, to transfer the right to use it to the appropriate person (representative of the copyright holder). The User has the right to have not more than one personal page on the Site (Personal Account).
4.7. The login and password chosen by the User are required and sufficient information for the User to access the Site. The User shall not have the right to transfer its login and password to third parties, shall be fully responsible for their safety, independently choosing the method of their storage. The User may allow the storage of the login and password (using cookies) for subsequent automatic authorization on the Site with the help of hardware and software used by it.
4.8. Unless the User proves otherwise, any actions performed using its login and password shall be considered to be committed by the relevant User. In case of unauthorized access to the login and password and/or the User’s personal page, or the distribution of the login and password, the User is obliged to immediately notify the Site Owner about this.
4.9. Some of the information entered by the User during registration (full name, city, email address) may be available to all visitors of the site and may be collected and used by others, which may lead to unsolicited messages from other people.
4.10. It is not allowed to sell or otherwise transfer the data required to gain access to the Site by the User to another person or organization.
4.11. Access to the Site may be blocked and/or terminated as a result of violation of this Agreement by the User, changes in legislation or the terms of this Agreement, at the initiative of the User.
4.12. In case of termination of access to the Site:
- login and password shall be deactivated;
- all the Content previously uploaded by the User may be deleted by the Site Owner. Herewith, the Site Owner has the right to continue using it for archiving and reference purposes.
5. USER RIGHTS AND OBLIGATIONS
5.1. The User has no right to copy, reproduce, republish, upload, publish, broadcast, transmit, make available to the public or otherwise use the content of the Site.
5.2. The User agrees not to adapt, modify or create derivative works from any elements of the Site content, except for personal, non-commercial purposes. Any other use of the Site content shall be possible only with the prior written consent of the Site Owner.
5.3. The User is obliged to use the Site only for lawful purposes and in a manner that does not violate the rights of other users, does not restrict or prevent other people from the Site access and use.
5.4. The User acknowledges and agrees that, in connection with its use of the Site, it shall:
- independently and at its own expense pay for access to the Internet,
- provide all the equipment it needs to access the Internet, including a computer, software, modem and Internet connection.
5.5. The User undertakes not to use the Site to upload, send, transmit or otherwise post materials that:
- are protected by copyright or intellectual property rights unless it has permission to do so from us or the copyright holder;
- are illegal, harmful, threatening, slanderous, insult morality, promote hatred and/or discrimination against people on racial, ethnic, gender, religious, social grounds, contain insults against specific individuals or organizations;
- restrict or prohibit any other user from using and enjoying the Site;
- encourage illegal behavior, or contain a virus or other harmful component, advertising of any kind, or false or misleading facts.
5.6. When visiting the Site and gaining access (registration), the User guarantees that it does not:
- impersonate another person or representative of an organization and/or community without sufficient rights to do so;
- upload, send, publish, transmit, reproduce or otherwise use any information or material obtained through the Site for commercial purposes (except as expressly permitted by the provider of such information or other material);
- participate in spamming;
- attempt to gain unauthorized access to other computer systems through the Site.
5.7. Unless expressly permitted, the User shall not upload, publish, reproduce, transmit the Site content.
5.8. The User is obliged to provide reliable, complete and up-to-date data, monitor their updating; inform the Site Owner about unauthorized access to the personal page and/or unauthorized access and/or use of the password and login of the User.
5.9. The user undertakes not to do the following:
- to register as a User on behalf of or instead of another person (“false account”) or register a group (association) of persons or a legal entity as a User;
- to mislead about its identity, using the login and password of another registered user;
- to misrepresent information about itself, including but not limited to information about its age;
- to illegally upload, store, publish, distribute and provide access or otherwise use the intellectual property of users and third parties;
- to use the software and perform actions aimed at disrupting the normal functioning of the Site and its services;
- to upload, store, publish, distribute and make available or otherwise use viruses, trojans and other malicious software;
- to use automated scripts (programs) to collect information on the Site and (or) interact with the Site and its services;
- to try to gain access to the login and password of another user in any way, including but not limited to deception, breach of trust, hacking;
- to conduct illegal collection and processing of personal data of other persons;
- to post any other information that, in the opinion of the Site Owner, is undesirable, does not correspond to the purposes of the Site creation, infringes the interests of Users, or for other reasons is undesirable for posting on the Site.
5.10. If the User does not agree with this Agreement or its updates, the User is obliged to refuse to use the Site subject to notification of the Site Owner about this.
5.11. The User has the right to quote text materials (literary works, articles) published on the Site, with the obligatory observance of the following conditions:
- the scope of quoting cannot exceed 10% of the total volume of the text;
- when quoting, it is obligatory to indicate the name of the author of the text, the name of the Site and a hyperlink to the Site.
Any other use of articles, photographs, illustrations and all other materials of the Site without the written permission of the Site Owner, including copying (including recording on storage media), reproduction (including reproduction on Internet sites for any purpose, including reviews), processing, distribution, over-the-air transmission, communication by cable to the public, bringing to the public through the Internet, in any other way, is prohibited and entails liability under the legislation of Ukraine on the protection of intellectual property.
5.12. To perform other duties that are set out in the relevant sections of the Site.
6. PERSONAL DATA AND OTHER CONFIDENTIAL INFORMATION
6.1. The Site Owner considers it a priority to ensure the security of personal data and privacy of the Users.
6.2. Processing of the User’s personal data shall be carried out in accordance with the legislation of Ukraine.
6.3. The personal data, as well as images, transferred by the User can be processed by the Company (collection, recording, systematization, accumulation, storage, clarification, modification, extraction, use, depersonalization, blocking, deletion, destruction, as well as other processing methods, including, but not limited to transfer of data to third parties with whom the Site Owner has concluded agreements, including with the right to carry out cross-border data transfer to the territory of countries that provide adequate protection of personal data, to form an information database about consumers of products from the Site catalogue, to conduct surveys and social research, as well as for sending other information related to the activities of the Site and ongoing events.
6.4. The Site Owner has the right to request information and copies of documents from the Consumer in order to verify its age (18+). Herewith, the Site Owner undertakes to destroy the received copies of documents after the verification of the age of majority.
6.5. The “Profile” of the Consumer, located in the “Personal Account” section, may be available for viewing by other users of this site. Viewing the User’s profile data is limited and shall be possible only in part of the following information: full name, gender, age and city.
6.6. The Site Owner processes the obtained personal data until the purposes of processing are achieved.
6.7. The Site Owner has the right to process the obtained personal data, subject to ensuring their confidentiality and security. The principles and conditions of information processing are set out in the Information Confidentiality Policy.
6.8. The User has the right to withdraw its consent to the processing of its personal data in accordance with applicable legislation.
6.9. The Website Owner does not sell or disclose the obtained personal data of the Users to any third parties for their own marketing purposes.
7.1. Violation of this Agreement and the applicable legislation of Ukraine shall entail civil, administrative and criminal liability.
7.2. The Site Owner does not guarantee that the content and operation of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that provides access to this site contains no viruses or bugs.
7.3. Users are liable for their own actions in connection with the creation and placement of information on the Site in accordance with the applicable legislation of Ukraine.
7.4. The Site Owner is not liable for the actions or omissions of any person in relation to the Site use.
7.5. There are no technical solutions in the information system of the Site and its software that automatically censor and control the actions and information relations of the Users regarding the use of the Site.
7.6. The Website Owner is not liable for the violation of this Agreement by the User and reserves the right, at its own discretion, as well as upon receipt of information from other users or third parties about the violation by the User of this Agreement, to change (moderate) or delete any information published by the User, suspend, restrict or terminate the User’s access to all or any of the sections or services of the Site at any time for any reason or without explanation, with or without prior notification, without being liable for any harm that may be caused to the User by such action.
7.7. The Site Owner has the right to delete the User’s personal data and (or) suspend, restrict or terminate its access to any of the Site’s services if the Site Owner finds that, in its opinion, the User poses a threat to the Site and (or) other users. In this case, the Site Owner is not liable for the temporary blocking or deletion of information, or deletion of personal data (termination of registration) of the User, performed in accordance with this Agreement.
7.8. The Site Owner is not liable for temporary failures and interruptions in the operation of the Site and the loss of information caused by them.
7.9. The Site Owner is not liable for any damage to the User’s or another person’s computer, mobile devices, any other equipment or software caused by or associated with downloading materials from the Site or via links posted on the Site.
7.10. For the purposes of organizing the functioning and technical support of the Site and monitoring the implementation of this Agreement by the User, the Site Owner has the technical ability to access personal data provided by the User.
7.11. The User undertakes to compensate the Site Owner for damages in connection with or as a result of a violation of this Agreement, as well as in case of technical failures in the operation of the Site or data transmission systems between the Site and the User or other persons arising from the fault of the User or any other persons accessing the Site using the data provided to the User.