1 WELCOME TO ZYN®
1.1 Welcome to the ZYN® website at uk.zyn.com (“Website”).
1.2 The Website is operated by Swedish Match North Europe AB (“Swedish Match”, “we”, “us”, “our”). Our registered office is SE-118 85 Stockholm, Sweden, and our registered company number is 556571-6924. Our VAT registration number is SE55657169240.
1.4 If you purchase any products or request samples via our Site, your purchase/sampling will also be governed by our e-commerce partner The Hut.com Limited’s Terms of Sale.
3 ACCURACY AND AVAILABILITY OF OUR WEBSITE
3.1 We do our best to make sure that our Website is accurate, up-to-date and free from bugs, but we cannot promise that it will be and you are responsible for putting in place your own internet security and safety measures.
3.2 Our Website is provided free of charge and has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes.
3.3 Materials posted on our Website are provided for general information purposes only and to inform you about us and our news, features, products and services. This information is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the information on this Website is at your own risk.
3.4 Access to our Website is permitted on a temporary basis and we reserve the right to suspend or terminate access to any part of it at any time without notice.
3.5 We update our Website regularly and reserve the right to add, remove and otherwise change the Website and/or its content at any time without notice.
4 ACCESS TO OUR WEBSITE
4.1 You are responsible for making all arrangements necessary to access our Website (and for any costs of doing so). In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Website.
4.3 Our Website is intended for use only by those who can access it from within the United Kingdom. If you choose to access our Website from locations outside the United Kingdom, you are responsible for compliance with local laws.
4.4 We want you and others to enjoy using our Website. When doing so, we ask that you observe the following rules:
(a) you must be 18 years of age or over to access and/or use our Website and services.
(b) you are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website for commercial purposes except where you or any applicable third party has entered into a written agreement with us that permits such activity;
(c) you agree not to use our Website for any illegal or unauthorised purpose and you agree to comply with all laws and regulations applicable to your use of our Website, including copyright and other intellectual property laws;
(e) you must not interfere with our Website or any servers or networks connected to our Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page of our Website is rendered or displayed in a user’s browser or device;
(f) you must not change, modify or alter our Website or change, modify or alter another website so as to inaccurately imply an association with our Website or with us; and
(g) you must not access our Website via a means we have not authorised in writing in advance, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies).
5 ACCESSING YOUR ACCOUNT
If you register for an account on our Website, you will be required to select a user name and password and provide other personal information. Your account details are personal to you and you must keep such information confidential and not disclose them to any other person. We will be entitled to treat any action carried out through your account as being carried out by you. You must notify us immediately if you have reason to believe that your account details may have been compromised or used by any other person. We reserve the right to suspend or terminate your access to your account for any reason in our discretion.
6 YOUR PRIVACY & COOKIES
6.1 The privacy of your personal information is important to us. Any personal information that you provide to us will be dealt with in accordance with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
7 OUR INTELLECTUAL PROPERTY RIGHTS
7.2 You may only view, print out, use, quote from and cite our Website and its contents for your own personal, non-commercial use on the condition that you give appropriate acknowledgment to us where appropriate and you do not remove our copyright or other proprietary notices.
8 UPLOADING YOUR CONTENT TO OUR WEBSITE
8.1 On certain parts of our Website, you may be invited to submit reviews or upload materials (“Your Content”). You must ensure that Your Content complies with our Acceptable Content Guidelines below. Your Content will be moderated by us in accordance with our Moderation Policy (Appendix 1) and will be published (or not published) as determined by us at our sole discretion (whether or not it complies with our Acceptable Content Guidelines or Moderation Policy).
9 ACCEPTABLE CONTENT GUIDELINES
9.1 Your Content must not:
(a) contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
(b) be illegal or infringe the Rights of any third party, in any country in the world; and
(c) be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.2 By uploading Your Content to the Website, you hereby grant us and our designees, together with users of our Website an irrevocable non-exclusive licence (which is unlimited in time) to view and use Your Content without restriction, including by way of example for commercial purposes.
9.3 We make no guarantee that Your Content will be kept on the Website for any length of time, and we reserve the right to remove Your Content as we see fit. You are urged to keep back-up copies of any of Your Content submitted to us. The Website should not be used as your primary method to store or curate copies of your images, videos or text, as Your Content may be removed permanently from the Website at any time, and we may not keep copies of Your Content.
9.4 If you wish to request us to stop using any of Your Content at any time, you should notify us by emailing customer.experience@thehutgroup setting out details of Your Content (the “Notified Content”) and where it can be found on the Website. We will endeavour to respond promptly and to endeavour to cease using the Notified Content. However, please note that once you have posted Your Content, it may be shared and reposted by us on other websites and used in other media and publications. Whilst we will endeavour to cease using any Notified Content within a reasonable time of the date you notify us of your request to do so, we cannot give any guarantee that we will be able to do so where the Notified Content has been published on the Website or in other media.
10 OUR LIABILITY TO YOU
10.2 We will not be liable for any loss that is not caused by us or that was caused by any event or circumstance beyond our reasonable control.
11 YOUR LIABILITY TO US
12 LINKING TO OUR WEBSITE
12.1 You may link to any page of our Website, provided that you do so for non-commercial purposes and in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. We reserve the right to withdraw linking permission at any time and without notice.
12.2 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other website.
13 THIRD PARTY WEBSITES & SERVICES
13.1 Our Website may contain links to third party websites and services. If you decide to visit any third party website or use a third party service, or purchase products from that third party, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of such third parties and the services they offer. We are not responsible for the content, accuracy or opinions expressed on third party websites or services. Links that we make available do not imply that we are, or our Website is, affiliated to or associated with such websites or services.
13.2 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to or from our Website, is subject to that operator’s own rules and policies. In particular, third party websites will process your personal information in accordance with their own privacy notices. Please read all applicable third party policies and terms and conditions before proceeding.
14 GENERAL PROVISIONS & APPLICABLE LAW
15 ENQUIRIES & COMPLAINTS
15.1 If you have an enquiry or complaint about our Website, please contact our customer services team using our online Enquiry Form. We will try to answer your enquiry or resolve any complaint as soon as possible. You can also email us at customer.experience@thehutgroup, write to us at Zyn Customer Service, The Stables Gadbrook Park, Rudheath, Northwich CW9 7RJ, United Kingdom or call us on 08001510754.
15.2 If you have an enquiry or complaint about any purchase made on our Website, please contact our ecommerce partner the Hut.com Limited and their Terms of Sale for details of how the Hut.com Limited can help.
APPENDIX 1: MODERATION POLICY
· This Policy sets out Swedish Match’s objectives and processes in seeking to moderate content posted on its Website and social media sites.
· Swedish Match will, as far as reasonably possible, report and/or remove from the relevant social media pages or its Website(s) any posts or comments which:
o make claims which are not permitted for ZYN or for advertising ZYN, including the following:
o medicinal claims, including but not including claims that ZYN is a smoking cessation product;
o comments which state or imply that ZYN is suitable for people who are not already existing smokers or use of other nicotine containing products, such as e-cigarettes;
o comments which state or imply that ZYN is suitable for use by persons aged under 18 years of age; or
o comments which state or imply that ZYN is suitable during pregnancy, when nursing, or for people with a history of cardiovascular disease.
o are abusive, threatening or harassing – including swear words or personal threats or attacks, e.g. negative comments which target staff by name or description;
o are intolerant – that is, vilify, or reflect intolerant comments about other people’s race, culture, beliefs, physical or mental conditions, gender, religion or age;
o are inappropriate or patently offensive – including posts depicting nudity, hate speech or violence;
o are fraudulent, false or misleading – including fake reviews (i.e. reviews by people who have not had any dealings with ZYN and/or Swedish Match), reviews which contain objectively incorrect or misleading factual assertions or which are written by people affiliated with employees of Swedish Match where these affiliations are not disclosed in the same post;
o contain advertising – including viral advertising, links, promotions or similar advertisements, although product recommendations or comparisons with other products or brands are acceptable if relevant to the context of the post;
o are spam or otherwise irrelevant; or
o otherwise violate the relevant standards of the relevant social media platform or host site .
· Swedish Match may block the social media accounts of those social media (or other relevant platform) users (“Users”) that post comments of the above nature in a persistent or extreme manner, to avoid any future posts of a similar nature.
· Swedish Match may contact persons who have had negative experiences with ZYN, as reflected in their comments and/or posts on the Website and/or social media (or other platform) and attempt to take such reasonable steps it considers appropriate to resolve or address the concerns raised in the relevant posts. Swedish Match may also respond to those persons who post positive reviews. This contact will either be through the relevant platform (e.g. Facebook) and/or directly by way of telephone or email.
· In contacting any persons to discuss their experiences, Swedish Match may either contact the person through the public forum of the host site, or where the discussion is of a sensitive nature (whether in relation to positive or negative reviews or other), including the request for personal contact details, the contact will be through private platform (such as Facebook’s private messaging tool) or phone or email.
· Swedish Match may remove or report clearly false, misleading or fraudulent reviews, and/or block the relevant person, even where Swedish Match is continuing to discuss the relevant post with the person. Swedish Match will only do so where it considers the content is objectively false and misleading or fraudulent (but it will not remove negative reviews where the reviews appear to reflect the genuine experiences of the person that posted the review).
· Swedish Match will use reasonable endeavours to respond to public posts and/or private messages as soon as practicable where they, in Swedish Match’s assessment, include a legitimate request for a response and relate to matters that Swedish Match has not otherwise already dealt with. Swedish Match may also respond to posts which it considers otherwise warrant a response.
Last updated: 21 June 2021