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Ploom Community Website TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

These terms together with the documents referred to in them apply to your use of our website https://www.ploomcommunity.co.uk and any related micro-sites ("Website"), whether as a guest or a registered user. Use of our Website includes accessing, browsing, or registering to use our Website.

Please read these terms of use carefully before you start to use our Website, as these will apply to your use of it. We recommend that you print a copy of this for future reference.

By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our Website.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our Website:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
  • Our Cookies Policy, which sets out information about the cookies on our Website.
  • FAQ, which sets out a response to the most frequently asked questions.

INFORMATION ABOUT US

This Website is operated  by Gallaher Limited, a limited liability company registered in England & Wales (registered number 01501573) with its registered office at Members Hill, Brooklands Road, Weybridge, Surrey KT13 0QU and VAT number GB689398450 ("We", “our”, “us”, "Ploom Community").

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to be aware of any changes and to ensure you understand the terms that apply. Any changes will take effect on the date they are posted onto our Website and are binding on you if you continue to use our Website.

CHANGES TO OUR WEBSITE

We may update our Website from time to time, and may change the content at any time to reflect changes to user needs or our business priorities. However, please note that any of the content on our Website may be out of date at any given time and we are under no obligation to update it, although we will use reasonable efforts to do so.

ACCESSING OUR WEBSITE

You must be 18 years old or over to access our Website and your access is conditional on you confirming your age.

Our Website is made available free of charge to Ploom Community members who have received their invitation email and provided a validated Ploom device serial number during the account set up process.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, restrict, discontinue or change all or any part of our Website without notice, although we will try to give you reasonable notice of such change. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

All access codes for our Website and other identification codes, passwords or any other information provided to you or chosen by you as part of our security procedures must be treated by you as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at ploomcommunities@jti.com.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use.

You must not (unless we have given prior written consent to such use):

  • modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
  • copy, adapt, republish, retransmit, redistribute or otherwise make the whole or any part of this Website or its content available, on any media to any other party or on any website, social media platform, on-line service or bulletin board of your own;
  • remove any copyright, trademark or other intellectual property notices on this Website; or
  • use the Website content for any commercial purpose without obtaining a licence to do so from us or our licensors.

"PLOOM" and "EVO" are registered trademarks.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

Any content you upload to our Website will be considered non-confidential and non-proprietary. You will retain all of your ownership rights in your content, but you grant us (and other users of the Ploom Community) a worldwide, non-exclusive, royalty free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, store and copy such content.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

If you print off, copy, download or otherwise use any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is free from errors or omissions, accurate, complete or up-to-date (including in relation to product descriptions or prices).

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them, as we have no control over the contents of those sites.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

We will not be liable to any user for 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:

  • use of, or inability to use, our Website; or
  • use of or reliance on any content displayed on our Website.

Please note that we only provide our site for domestic and private use and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

VIRUSES

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.

You are solely responsible for securing and backing up your content.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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. In the event of such a breach, your right to use our Website will cease immediately.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. In particular, you must not link to our homepage from websites that are known to be used by persons under the age of 18 years.

You must not:

  • establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
  • establish a link to our site in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Website other than that set out above, please contact e-mail address ploomcommunities@jti.com.

UPLOADING CONTENT TO OUR WEBSITE

As part of the Ploom Community, we will make available certain interactive services such as chat rooms and the ability to upload images and video files.

Whenever you make use of Ploom Community, including features that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Participation Principles & House Rules.

We have a right to remove any content that does not comply with our Participation Principles & House Rules and you warrant that your participation does comply with those principles and rules. You will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of such warranty.

PARTICIPATION PRINCIPLES & HOUSE RULES

The Ploom Community encourages you to express your views, however we expect all of our members to be respectful and courteous when completing surveys, or when contributing to individual and group discussions.

By using The Ploom Community, you accept whole responsibility for any content you post and you agree to abide by these Terms of Use and specifically the House Rules below.

The ‘House Rules’

These House Rules apply to any and all materials and content which you contribute to our Website and to any interactive services associated with the Ploom Community. 

Content you post must not:

  • be obscene, offensive, hateful or inflammatory;
  • promote any kind of violence, sexually explicit material or any illegal content or activity;
  • promote any kind of discrimination (including based on race, sex, religion, nationality, disability, sexual orientation or age);
  • discuss and/or allude to the use of Ploom, EVO Tobacco Sticks, or any other tobacco and/or nicotine containing product, by anyone under the age of 18 years old;
  • make unsubstantiated reference to the reduced risk or removal of risk to health, or nicotine addiction, through the use of Ploom, EVO Tobacco Sticks or any other tobacco and/or nicotine containing product;
  • bully, harass, upset, embarrass or intimidate any other member, individual or organisation;
  • be unlawful, fraudulent, libellous, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented or racially offensive;
  • in any way breach any applicable local, national or international law or regulation;
  • be spam (persistent negative and/or abusive content with the aim of provoking a response);
  • advertise or promote any services or web links to other sites;
  • infringe any copyright, database right or trademark of any other person;
  • be disruptive and/or repetitive; and
  • contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Failure to comply with the House Rules will be a material breach of these Terms of Use upon which you are permitted to use or Website and may result in us taking the following actions:

  • immediate, temporary or permanent withdrawal of your content unloaded by you on our Website and/or your right to use our Website;
  • warnings issued to you;
  • legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We also reserve the right to warn, remove and/or ban any member who:

  • encourages others to post content which does conform to the ‘House Rules’;
  • is found to have provided false or incorrect information during the screening or registration process;
  • uses offensive images as their profile picture, or has an offensive username;
  • is found to be sharing any content or research results published on The Ploom Community, via any means (including social media);
  • fails to contribute to any Ploom Community activity for a period of three consecutive months; and/or
  • no longer enables The Ploom Community to hold a representative panel of members aligning with the demography of the UK’s heated tobacco products consumers, as provided by IPSOS Group S.A.

Although every effort is made by us to ensure users of the Ploom Community comply with the House Rules, our Website may include information and materials uploaded by other users of the Ploom Community which has not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us on ploomcommunities@jti.com.

We exclude our liability for all action we may take in response to breaches the House Rules. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

OTHER LEGAL PROVISIONS

If, at any time, we do not require you to comply with any part of these terms, this will not prevent us from doing so in the future.

If any part of these terms is disallowed or held to be ineffective by any court or other competent body, the rest of these terms shall not be affected.

Please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

CONTACT US

To contact us, please email ploomcommunities@jti.com.

Thank you for visiting our Website.

18+. These products are not risk free and are addictive.