1. When did we last update these Website Terms?
7th November 2022
2. About our Website Terms
2.1. These website terms and conditions, together with all information and documents referred to within them, (collectively our Website Terms), govern your use of British American Tobacco Australia Limited’s (BATA, we, our, or us) website responsiblevaping.com.au (our Website). Our Website is operated by us.
2.3. Please make sure you have read these Website Terms carefully, especially the limitations of our liability, before using our Website.
2.4. We may amend these Website Terms from time to time by publishing updated Website Terms on our Website. Please review our Website Terms regularly to ensure you understand the terms and conditions that apply to you each time you use our Website. Your continued access or use of our Website from the effective date of any such changes constitutes your acceptance of the updated Website Terms. We will use reasonable endeavours to notify you if any update to these Website Terms has a detrimental impact on you.
2.5. If you do not agree to our Website Terms, you must not use our Website.
3. How can you contact us?
If you have any questions about our Website or our Website Terms, you can:
(a) write to us at: Responsible Vaping Australia, Locked Bag 20, Royal Exchange NSW 1225, Australia.
(b) email us at: firstname.lastname@example.org
4. Accessing our Website
4.1. Our Website is available for use within Australia and is not intended for access or use by visitors outside Australia. If you are in another country you may be subject to other laws, including data protection laws. For that reason if you are not located in Australia you:
(a) are not permitted to access or use our Website; and
(b) must immediately cease accessing and using our Website.
4.2. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis only.
4.3. We may suspend, withdraw, discontinue or change all or any part of our Website without notice.
4.4. Subject to clause 7.3, we will not be liable to you if for any reason our Website is unavailable at any time or for any period.
4.5. You are responsible for:
(a) ensuring that you have all hardware and software necessary to access our Website;
(b) taking your own measures to reduce the risk of viruses or other forms of unauthorised code, including by using your own virus protection software when accessing our Website; and
(c) ensuring that all persons who access our Website through your internet connection are aware of these Website Terms and any other applicable terms and conditions, and that they comply with them.
(a) will not use our Website to in any way infringe the privacy or other rights of other users of our Website or any third party;
(b) will not use our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
(c) will not do anything that may cause damage to our Website or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data;
(d) must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack and accept if you breach this provision:
(i) you may commit a criminal offence in Australia under the Crimes Act 1914 (Cth) or the Criminal Code Act 1995 (Cth); and
(ii) 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; and
(iii) your right to use our Website will cease immediately;
(e) will not do anything that subjects us or our Website to any derogatory treatment or brings (or might bring) our Website or us into disrepute;
(f) will not data mine, screen or web scrape or crawl our Website, their pages or contents or use any process or processes that send automated queries to our Website unless you have obtained our prior written consent;
(g) will not misuse or do anything that disrupts all or any part of our Website, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful; or
(h) will not state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to our Website.
4.7. We do not guarantee that our Website will be secure or free from bugs or viruses, or that any information that you transmit to us using our Website is secure.
5. About the content on our Website
5.1. All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on our Website (Content) are owned by us or used with permission.
5.2. You may not copy or incorporate any part of our Website or any of the Content available on our Website into any other work, including your own website, or use the Content in any other public or commercial manner.
5.3. You may not:
(a) post or redistribute any portion of our Website unless you have a license from us to do so;
(b) change any of the notices regarding copyright, trademarks or other marks that may accompany the Content;
(c) copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert any Content to another form; or
(d) deep link (i.e. link to any page other than the home page) to our Website or frame our Website on other websites without our specific written permission.
5.4. We retain full and complete title to all Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it.
5.5. Unless otherwise specified, all trademarks used on our Website are our property (or property of our group companies).
5.6. If you print off, copy, or download the Content in breach of these Website Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
5.7. Our Website often uses third-party applications or providers, including Klaviyo (klaviyo.com/legal/terms-of-service) and Google Analytics (marketingplatform.google.com/about/analytics/terms/us/). These third-party applications or providers are subject to separate terms and conditions. Where they are applicable to you, you should ensure that you have read and agreed with these terms and conditions before using our Website.
6. How do we use your personal information?
7. Our limitation of liability
7.1. 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 them, whether express or implied.
7.2. Subject to clause 7.3, we will not be liable in any way for:
(a) 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:
(i) use of, or inability to use, our Website; or
(ii) use of or reliance on any content displayed on our Website;
(b) any indirect, consequential, or economic loss, cost, or damage or loss of profits, loss of revenue, loss of goodwill, or loss of anticipated savings incurred by you in connection with any act or omission of ours or in relation to any error, omission or representation in any information provided to you;
(c) prohibited use of our Website, including for any loss of profit;
(d) any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to them;
(e) the content of websites linked on our Website; or
(f) any loss or damage that may arise from your use of links to other websites on our Website, where you need to make your own decision as to whether to use third party products, services, and websites.
7.3. Nothing in these Website Terms excludes or limits in any way our liability to you where it would be unlawful to do so. This includes:
(a) your legal rights in Australia under, for example, Schedule 2 of the Australian Competition and Consumer Act 2010;
(b) our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees; or
(c) for any other liability that cannot be limited or excluded by law.
7.4. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. 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 accurate, complete or up to date.
8. References to third party products, services, websites, or information
8.1. Our Website may refer to products or services of third parties. We do not endorse or make any warranties or representations about those products or services.
8.2. Our Website may link to third-party websites or information. We do not endorse or make any warranties or representations about those sites or information. Any links to other websites are provided for your convenience only.
8.3. You need to make your own decision as to whether to use third-party products, services, or websites.
9. Linking to our Website
9.1. You may link to the home page of our Website but may not use our Content in, or on, your own or another website without our permission.
9.2. If you link our Website to your website, you must remove the link at our request.
10. Other important terms
10.1. Your compliance: You must comply with:
(a) any additional terms and conditions, or instructions from us, brought to your attention on our Website or correspondence from us; and
(b) all applicable Australian laws relating to your use of our Website.
10.2. Legally binding: You agree and acknowledge that these Website Terms are intended to create legally binding obligations on you in accordance with its terms. Those obligations, and the contract it creates, is between you and us. Subject to clause 10.5 (b), no other person shall have any rights to enforce any of its terms.
10.3. Severance: If any part, or parts, of these Website Terms are, or become, invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of these Website Terms shall not in any way be affected or impaired.
10.4. Waiver: No failure or delay in exercising any right, power or privilege under these Website Terms will operate as a waiver of such right, power or privilege, nor will any single or partial exercise of such right, power or privilege preclude any further exercise of such right, power or privilege under these Website Terms or otherwise.
10.5. Transfer of rights:
(a) You need our consent, in writing, to transfer your rights or obligations under these Website Terms to someone else.
(b) We may, at any time, transfer or assign all, or any part, of our rights and obligations under these Website Terms to a related company, or to a third party, without your consent.
10.6. Communications between us:
(a) We will send notices and other communications to you at the e-mail address you have provided to us.
(b) You must send all notices and other communications to us using one of the communication methods referred to in clause 3.
(c) Any notices sent by e-mail or via the Contact Us form on our Website will be deemed to have been received 24 hours after the time sent by the sender unless you receive an error message.
(d) Any notices sent by post will be deemed to have been received three working days from and including the date of postage.
(e) Any notices issued by us that appear on our Website will be deemed to have been received when you next use our Website, unless expressly stated otherwise.
10.7. Relationship of the parties: Nothing in these Website Terms, or in the relationship between you and us, shall be construed as creating a partnership or joint venture or giving you or us any right to bind the other in any way, except as permitted by these Website Terms.
10.8. Governing law: These Website Terms are governed by, and interpreted in accordance with the laws of New South Wales. We both agree to submit to the exclusive jurisdiction of the courts of New South Wales.