Terms of use
ZYN Website Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
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 PMSA 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.
Restrictions Of Use
You may use this Site for purposes expressly permitted by this Site, namely to use ZYN nicotine pouches or related products (the “Products”) and receive ongoing support from PMSA on safe use of these products. You may not use this Site for any other purpose without PMSA'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:
1. take any action that imposes or may impose (to be determined in PMSA's sole discretion) an unreasonable or disproportionately large load on PMSA's infrastructure;
2. interfere or attempt to interfere with the proper working of the Site, or any activities conducted thereon;
3. bypass any measures PMSA may use to prevent or restrict access.
Proprietary Information
(a) The Site and all information made available through the Site contain text, graphics, photos, logos, icons and other materials, (collectively, “Content”) furnished by PMSA and/or its affiliates. The Content is protected under copyright, trademark, and the laws of Republic of Serbia and other nations. All Content, including the collection, arrangement, and assembly of such content, is the exclusive property of PMSA 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 PMSA.
(b) trademarks and logos appearing in this Site are the property of PMSA or the party that provided the trade marks and logos to PMSA. PMSA and any party that provided trademarks, and logos to PMSA 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.
Outbound Linking
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 PMSA, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with PMSA.
Inbound Linking
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 PMSA. 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 PMSA. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from PMSA and at all times you will cooperate with PMSA following PMSA's discovery of such activity.
Use of any of the Site's or PMSA's content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner is strictly prohibited.
Limitations
You agree to assume all risks associated with, arising out of, or resulting you're your use of the site and the content. You expressly understand and agree that in no event shall PMSA, its affiliates, subsidiaries, service providers, agents and advisors and each of their respective officers, directors, shareholders, employees, representatives, successors and assigns (collectively the PMSA released parties) be liable to you, and you hereby agree to release the PMSA released parties, for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for 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 PMSA has been advised of the possibility of such damages) whether in tort, negligence, statute, contract, common law, equity, strict liability or otherwise) resulting from:
1. Your use or the inability to use or obtain the site, the content or any site to which you hyperlink form the site;
2. Any third party claims that the content violates any intellectual property or privacy right; or
3. Any failure or performance of the site and the content, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure.
Indemnity
You will indemnify and hold each of the PMSA 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 PMSA 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. PMSA does not assume any responsibility or risk for your use of the internet.
(b) Your use of the 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. PMSA 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 permissable under applicable law. PMSA 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, PMSA 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. PMSA does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. PMSA may make changes or improvements at any time. You, and not PMSA, 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. PMSA makes no warranties that your use of the content will not infringe the rights of others and assume 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. PMSA does not warrant that the content, the site, its servers or email sent from the site are free from viruses or other harmful components.
Privacy Policy
PMSA will treat any personal information that you submit through this Site in accordance with its Privacy Policy. PMSA's Privacy Policy is available on the Site and it describes PMSA's privacy policies and practices in detail, as such the policy, may be amended from time to time by PMSA. PMSA advises you to check the Privacy Policy on a frequent basis for changes. You hereby consent to the use of your personal information by PMSA in accordance with the terms and for the limited purposes set forth in the Privacy Policy. By agreeing to these Terms and Conditions of Use, you acknowledge and agree that certain information about you is subject to PMSA's Privacy Policy.
Age
When you pick up Products from a PMSA retail sales location, you must be able to present proof that you are legal smoking age and that you are the person purchasing these products. Acceptable proof includes a valid driver's license, passport, identification Card or Identification Book.
Please note that PMSA reserves the right to limit, or to request any of its trade partners to limit, the number of Products an adult user may purchase within a specific timeframe.
Errors
PMSA attempts to ensure that the information on the Site is accurate. However, no warranty of accuracy or completeness is expressed or implied. PMSA 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.
Governing Law
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 Republic of Republic of Serbia.
Force Majeure
PMSA 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.
Discontinuance
PMSA may discontinue or suspend, temporarily or permanently, any presently available Products at any time without prior notice.
Entire Agreement
These Terms and Conditions of Use constitute the entire agreement between you and PMSA relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), of the parties regarding such subject matter.
Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Severability
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.
No Waiver
PMSA 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 PMSA. No delay or omission by PMSA 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. PMSA's failure to enforce the strict performance of any provision of these Terms and Conditions of Use will not constitute a waiver of PMSA's right to subsequently enforce such provision or any other provisions of these Terms and Conditions of Use.