TERMS AND CONDITIONS
1.1 These Terms and Conditions ("Terms") contain all rules and conditions that will be binding by accessing and/or using the website (the "Services") which is the operated respectively, by owner/operator Pakistan Tobacco Company Limited (PTC) in the general section of the Services, and Universal Network Systems Pvt Ltd (BlueEx) in the Services section that serves as a webstore, while Ogilvy Pakistan acts as the party providing any visuals and content placed on the Service. These Terms constitute a legal agreement subject to Pakistani law and contain important information about your rights and obligations in connection with the Services.
1.2 Please note out in point 1 above, the Service is operated by both PTC and BlueEx, therefore in these Terms, the term references to "us", "by us" and "ours" are references to PTC and BlueEx.
1.3 If you do not agree to these Terms or any updated version of these Terms, you may not access and use the Services, and must terminate all access and use of the Services. If we ask you to take an action to consent to any updates we may make to these Terms in the future, you may not be able to continue using the Services until you have given your requested consent.
1.4 The Service is a website program that contains, among other things, information, programs, or promotions related to nicotine products or other products to adult nicotine users. All parties i.e., PTC, BlueEx, and where applicable, other service providers that support the management of the Services have agreed separate cooperation agreements based on applicable laws and regulations.
1.5 We may change these Terms, whether to reduce or add to the provisions of these Terms, including the addition of features, which are an entity of these Terms, from time to time for reasonable reason. We urge you to check these Terms periodically on the Service to stay up to date.
2. SITE USAGE
2.1 You may only use this Service if you have and acknowledge that you are 18 years of age or older, not a pregnant woman, a Pakistani citizen and domiciled in Pakistan, and may enter into a binding agreement ("User").
2.2 As a User, you are deemed to have agreed to comply with and be bound by these Terms of Service by checking the consent box for these Terms of Service where you may also read the Terms of Service.
3. ABOUT ACCESSING AND USING OUR SERVICES
3.1 Terms, controls and guidelines can be found within the Services. These Terms, controls and guidelines constitute an integral part of these Terms, and you agree that you will comply with them when you decide to access and use the Services.
3.2 The contents and materials in this Service are only intended for adult nicotine users, not pregnant women, Pakistani citizens who have a valid Identity Card issued by the Government of Pakistan, domiciled in Pakistan, and aged 18 years and above. You may have the option to access the Services by including a unique code. Failure of identity card verification process may close your access to the Services. We are not responsible in the event of errors or inaccuracies in the information provided by prospective Users or Users in the provision of consent, information, and personal data.
3.3 You agree that your personal data provided through this Service will be stored, processed, and used by PTC and those working with PTC (BlueEx etc..), in which case is for purposes that do not conflict with applicable laws and regulations.
3.4 You agree that your personal data may be transferred and/or stored outside the territory of Pakistan in accordance with any applicable laws.
3.5 You have the right to opt out of your access to and use of the Services, as well as anything related to the Services, including to no longer receive communications and promotions regarding the products listed on the Service, and to request deletion of personal data that has been provided through the Service.
3.6 You are only entitled to one account and password on the Services and are responsible for keeping your account and password confidential and will not abuse the access you have to the Services. In case any User(s) is found to be abusing the access
3.7 Your actions which may be regarded by us as interfering with the Services in any way and form will give us the right to take all necessary actions, including legal action against you for the action in question.
3.8 We are not responsible for any internet connection and/or mobile fees you may incur to access and/or use our Services. We advise you to ask your mobile operator or internet service provider if you are unsure of the bill to charge before you access and/or use our Services.
3.9 There will be times when our Services or any part there is not available for technical or maintenance reasons, either scheduled or unscheduled.
4. USER BEHAVIOR AND CONTENT
4.1 1. You must comply with applicable laws and regulations in any location where you have access to the Services. If legislation restricts or prohibits you from using the Services, you must comply with such prohibitions and immediately terminate access to or use of the Services. For the avoidance of doubt, we will take the necessary precautions to restrict access to our Services from users outside the territory of Pakistan.
4.2 You warrant that all information and data you provide when accessing and using our Services is information and data that is always true, accurate, current, and complete.
4.3 Information, data, software, sounds, photos, graphics, videos, tags, or other materials ("Content") available through our Services may be transmitted, uploaded, communicated or transmitted by you or other users. You understand and agree that all Content that you upload at the time of using our Services, whether publicly uploaded or privately transmitted, is the personal responsibility of the person who submitted the Content. This means that you, not us, will be solely responsible for all Content that you upload, communicate, transmit or transmit through our Services, and you agree to release us from any liability in the event of any claim or claim of any kind from a third party claiming to have rights to Content that you upload, communicate, transmit or transmit through our Services.
4.4 You agree not to upload, communicate, transmit, transmit or make available any Content, including but not limited to:
- a) which may be considered unlawful, dangerous, harassing, defamatory, defamatory, indecent or inappropriate;
b) which is or may be perceived as invading or violating the privacy of others;
c) which may or may reasonably be seen as incitement to incite violence or hatred of a race or ethnicity;
d) for which you have no right to lawfully make available it (such as other people's personal information, other people's proprietary information or confidential information);
e) infringing intellectual property or other proprietary rights;
f) consisting of unauthorized or uninformed advertisements, promotional materials, un requested 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or other forms; Or
g) which contains virus software or computer code, files or other programs designed to disrupt, destroy or limit the functionality of computer software or hardware or telecommunications equipment.
4.5 The risk of your use of the Services is your sole responsibility, including any damage done to your computer (if any) to your use of the Services. For the avoidance of doubt, you here i.e., release and release us from any direct or indirect damages that may arise from your use of the Services.
4.6 We reserve the right to terminate your participation in the Services or terminate or block your account if you do anything prohibited in these Terms and/or applicable laws and regulations where it does not need to be proven to any party and in any form.
5. YOU AGREE THAT YOU WILL NOT
- a) use our Services to harm or harass others or cause a violation of the law;
b) using or impersonating information or ("Identity") belonging to another person, or falsifying your Identity, or creating a false Identity, or creating an Identity ostensibly affiliated to a particular Identity, to use our Services;
c) anonymize, or hide your IP address or source from any Content you may upload to our Services;
d) use our Services for commercial or business purposes or for the benefit of third parties or to send un requested communications;
e) remove or alter information containing intellectual property rights of the Services or any part of the Services;
f) obstruct or interfere with the Services or the servers or networks that provide our Services;
g) attempt to decompile, reverse engineer, disassemble or hack our Services, or to weaken or control some encryption technologies or security measures or data sent, processed or stored by us;
h) 'retrieve', 'scrape' or collect information about, or relating to others who use our Services, including but not limited to any personal data or information (including by uploading anything that collects information, including but not limited to 'pixel tag' cookies, graphical exchange formats ('gifs') or similar items sometimes also called 'spyware' or 'pcms' (passive collection mechanisms);
i) interfere with the normal flow of the Services or act in a manner that is likely to affect the ability of other users to reasonably access while browsing on our Services;
j) not complying with the terms or regulations of any network connected to our Services;
k) use our Services to commit acts that violate any applicable law or regulation;
l) use our Services to deceive or design or assist in fraud (for example, by using automated means or third-party software to access), or to avoid technological actions designed to control access to, or elements of, our Services, or use our Services in a manner not permitted under these Terms; Or
m) use our Services in other ways not permitted by these Terms.
6. INTELLECTUAL PROPERTY
6.1 You acknowledge that all copyrights, trademarks, and other intellectual property rights associated with our Services, including Content that you create and transmit, or upload or transmit into the Services, will be owned, or licensed to us.
6.2 While you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, personal, and revocable license at any time, to access and/or use our Services (but not with objects and 'source code') for your personal use, to the full range of such use in accordance with these Terms. You agree not to use our Services for anything other than the purpose for which the Services were created. Where we make no changes, these Terms also apply to any updates or rejuvenation that we may notify or make available for this Service, and such updates or rejuvenation shall be deemed to be part of the Services for the purposes of these Terms.