Terms of Use of VEEV WebApp

Last updated: [insert launch date]

Introduction

You have been guided here in connection with your download or use of the VEEV application (the “app”) that is operated by a member of the Philip Morris International group of companies.

Who are we?  We are Philip Morris France SAS, a simplified joint-stock company with a share capital of 80,000€, registered with the Register of trade and companies of Nanterre under the number 712 054 014, a member of the Philip Morris International group of companies. Our registered address is located at 23/25 rue Delariviere Lefoullon, 92064 Paris La Défense Cedex (hereafter “we” or “our company” in the present Terms of Use, the “Terms”), intra-community VAT: FR 21712054014, telephone number: 0800 292 292 and email address : serviceclient@veev-vape.com.

How to contact us:

Please contact us using the contact details in the ‘Contact Us’ page of the app, or by emailing us at serviceclient@veev-vape.com:

·            for any questions you may have about these Terms or the app; or

·            if you believe that the app infringes your intellectual property rights, or that it contains content that is illegal, offensive, or infringes your or a third party’s rights.

How do you accept these terms?  If you use the app, you accept these terms of use (“Terms”). The first time you log on to the app, these terms are drawn to your attention. These are important provisions relating to your use of the app and you should read them before using the app as they are binding on you.

Limits of liability: By using the app, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the app at your own risk; we do not assume any liability (except where required by law), or make any warranties (express or implied) with respect to it or your use of it.

Usage data: We provide your Usage Data to you at your request, if you choose to use this feature in the app. “Usage Data” includes information pertaining to the functionalities available on the app.  We make no representations or warranties and we do not undertake any duty or assume any liability in connection with the same, including but not limited to the accuracy or reliability of the Usage Data for any purpose.  These products are not risk free.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE APP.

Further terms: If you wish to use certain sections of this app or take advantage of any services we offer to you through it, that may be subject to other terms and notices. If this is the case, this will be brought to your attention and in some situations you may be required to read and confirm your acceptance of any such items before continuing.

Changes to these Terms: We may amend these Terms from time to time. If we do, we will notify you of such changes the first time you log on to the app following such changes. If you then continue to use the app, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.

Use of the app

The app is intended to be used by adult users aged 18 and above (or, if higher, the minimum age required for the purchase of the products by the law of your country) who want to continue to enjoy these products (“Intended User”), and who reside in the country indicated above, where our registered offices are located. If you do not meet these requirements, you must not use the app.

Data that we collect, privacy and cookies

For more information about the personal data that is collected and the ways in which it is used, please visit the Preferences Centre, which allows you to control the data that is collected by this app, and our Privacy Notice which provides you with more information about how your personal data is used and your rights in respect of that data.

You should review our Privacy Notice before using the app and, like this notice, we may change them at any time.

Modification and suspension of the app

We reserve the right to modify, suspend, or terminate operation of or access to the app, or any portion of it, at our discretion. For example, we may terminate operation of the app for users if we have reason to believe that the app is being used by someone who is not an Intended User.

We may also update the app and change the content at any time. Although we make reasonable efforts to update the information on the app, note that any content on it may be out of date at any given time, and we are under no obligation to update it.

We may also interrupt the regular operation of the app, or any portion of it, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.

Use of the app and Materials

The app and all its contents (including software, files, graphics, data, images and other material) (“Material”) are the exclusive property of us, our affiliates, or our licensors (or any combination of the foregoing) and are protected by law in your country as well as in other countries.

All intellectual property rights in the Material are reserved by us or our licensors. You may not use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, broadcast, edit, adapt or create a derivative work of, or reverse engineer, in any manner, any part of the app or any Material.

The app and the Material are provided solely for your personal, private use. You may not use them for any other purposes (for example, you may not use them for business or commercial purposes). Note the paragraph on “Limit of Liability” below.

Linking

The app may include links to third party websites. These links are provided for your convenience only. As we have no control over such websites, and we do not review them, please note that:

-         we do not endorse them, we are not responsible for them, and we make no promise in relation to them: in particular we are not responsible for the terms on which such websites are made available or their privacy practices, their availability, their content, advertising, products, or other materials, services or information on or available from them; and

-         if you access any such websites, you do so at your own risk.

You may not frame, link or deep-link to the app from any website.

Disclaimer

Although we do our best to provide an informative app that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the app is made available to you on an “as is” basis. Also:

(a)    it is your responsibility – not ours – to ensure that the app is suitable for your intended purposes when you use it;

(b)    we accept no liability to you in respect of the app (subject to the paragraph on “Limit of Liability” below); and

(c)     we accept no liability as to the suitability or fitness of the app in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including:

-         that the app, or any content contained in or delivered via the app or otherwise made available in connection with the app, is accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;

-         that access to the app will be uninterrupted, or error-free; and

-         that the app, or the computer systems from which the app is made available, are free of viruses or other harmful components.

Limit of Liability

We do not exclude or limit liability that cannot be excluded or limited by law, liability for death or personal injury caused by our negligence, or liability arising out of our fraudulent misrepresentation or gross negligence.

We will not be liable to you for any loss or damage arising out of your use of the app in breach of these terms, or caused by harmful material or actions (such a virus or a distributed denial-of-service attack) that may affect your computer equipment, computer programs, data or other material in connection with your use of our app or on any website linked to it.

You acknowledge and agree that the operation of the app is dependent upon the proper and effective functioning of the internet and other third party equipment and services (including your own device or web browser), and that we do not guarantee, and will not be liable for, these in any way.

We will not be liable for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.

If you cause a technical disruption of the app or the systems transmitting the app to you or others, you agree to be responsible for all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Jurisdiction and Governing Law

The laws of the country indicated above, where our registered offices are located (the “Jurisdiction”) govern these Terms and your use of the app. You irrevocably consent to the exclusive jurisdiction of the courts located in the Jurisdiction (and, insofar as the parties may validly agree, the courts in the town closest to our registered office), for any action to enforce these Terms. The app has been designed to comply with the laws of the Jurisdiction.

Other important rights that we have under these Terms

    We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our right to enforce any such failure against you, or that you do not have to comply with those obligations. If we do decide to waive our right to enforce a default or breach of these Terms by you, we will do so only in writing.

    Each of the paragraphs of these Terms operates separately. This means that if any court or relevant authority decides that any of them are unlawful, illegal, or unenforceable, the remaining paragraphs will remain in full force and effect.

    These Terms are not intended to give rights to anyone except you and us.

    Open Source Software

    The app may have been developed using Open Source software(s), subject to specific licenses.

How to Contact Us

Please contact us at serviceclient@veev-vape.com if:

    • you believe that the Website infringes your intellectual property rights, or that it contains content that is illegal, offensive, or infringes your or a third party’s rights; or
  • for any questions you may have about these Terms or the Website.
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