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Terms and Conditions

1. TERMS AND CONDITIONS

  • 1.1. These are the Terms and Conditions for Cigarkeep Limited, a company incorporated in England and Wales (registered number 13537520) with its registered office at 10 Bolt Court, 3rd Floor, London, United Kingdom, EC4A 3DQ (“CIGARKEEP” or “we” or “our”) in relation to the Services (as defined below).
  • 1.2. These Terms and Conditions together with the Sign-Up page form the agreement between CIGARKEEP and you for your use of the Platform ("Terms").
  • 1.3. PLEASE READ THESE CAREFULLY BEFORE SIGNING UP TO OUR PLATFORM.

2. DEFINITIONS

  • 2.1. The following definitions apply to these Terms and Conditions:
    1. Data Protection Legislation: means the Data Protection Act 2018, UK GDPR and GDPR as applicable and all related subordinate legislation, as may be amended, updated or re-enacted from time to time.
    2. Effective Date: the date you sign up to the Platform.
    3. Fees: the fees payable by you for access to the Services.
    4. GDPR: the European Union General Data Protection Regulation (2016/679/EU).
    5. Personal Data: the content, information and/or data (including chat messages or other interactive content) inputted or submitted by you, for the purposes of using the Platform, together with all data generated from use of the Platform.
    6. Platform: means the CIGARKEEP platform which is accessed by you.
    7. Services: the subscription services provided by CIGARKEEP, via the Platform, and as described here.
    8. Sign-Up: the sign-up page setting out your login credentials and the Fees.
    9. UK GDPR: the portion of the GDPR retained within the UK after leaving the European Union.
    10. Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

3. USERS & RESTRICTIONS

You must be 18 or over to accept these Terms and subscribe to the Services. We shall not be responsible for verifying any information you, or any user, submits to the Platform.

4. PLATFORM

  • 4.1. During the term of this agreement, CIGARKEEP shall provide the Services and make available the Platform to you, on and subject to these Terms.
  • 4.2. CIGARKEEP shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for:
    1. 4.2.1. planned maintenance, notice of which will be given to you in advance;
    2. 4.2.2. any emergency maintenance as required, provided CIGARKEEP provide prompt notice of any emergency maintenance to you.
  • 4.3. You acknowledge that the content provided via the Platform is provided for general information and entertainment purposes only and may be subject to change from time to time. We shall not be responsible for any information shared by any user of the Platform. Any information shared on the Platform 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 the Platform.
  • 4.4. The Platform is not set up to facilitate any transactions, exchanges or sales between users, and any such transactions, exchanges or sales are entirely at your own risk.

5. YOUR OBLIGATIONS

  • 5.1. You shall not access, store, distribute or transmit any Viruses, or any material whilst using the Services and Platform:
    1. 5.1.1. that are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or
    2. 5.1.2. that facilitate illegal activity; or
    3. 5.1.3. in a manner that is otherwise illegal or causes damage or injury to any person or property;
  • and CIGARKEEP reserves the right, without liability or prejudice to its other rights to you to disable your access to any material that breaches the provisions of this Condition 5.
  • 5.2. You shall not:
    1. 5.2.1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute (as applicable) all or any portion of the Platform, or any content embedded within the Platform, in any form or media or by any means for commercial purposes or otherwise; or
    2. 5.2.2. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form (as applicable) all or any part of the Platform; or
    3. 5.2.3. access all or any part of the Services and Platform in order to build a product or service which competes with the Services and/or the Platform;
    4. 5.2.4. attempt to obtain, or assist third parties in obtaining, access to the Services and/or Platform; or
    5. 5.2.5. attempt to bypass or disable any security feature or mechanism within the Services and/or Platform.
  • 5.3. You shall keep all password, access links and log-in details used in relation to the Services secure, and shall use all reasonable endeavours to prevent any unintended access to, or use of, the Services and the Platform and, in the event of any such unintended access or use, promptly notify CIGARKEEP.
  • 5.4. You shall comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform, and otherwise all applicable laws and regulations with respect to your use of the Platform under these Terms.
  • 5.5. You shall not buy, sell, or exchange any goods or services on the Platform, contrary to any laws and regulations applicable to the international sale, purchase and shipment of such goods or services, including without limitation any and all international import and export duties, taxes or other levy, restrictions, rules, regulations, and state, local or national laws relating to tobacco (or any other applicable) products.

6. PERSONAL DATA

Under the Data Protection Legislation, we are required to provide you with certain information including who we are, how we process your Personal Data, for what purposes and your rights in relation to your Personal Data and how to exercise them. This information is provided in our Privacy Policy, and it is important that you read that information.

7. INTELLECTUAL PROPERTY RIGHTS AND CONTRIBUTIONS

  • 7.1. All intellectual property rights in the Platform (including without limitation any content provided by CIGARKEEP or its licensors) and the Services throughout the world belong to us (or our licensors). You have no intellectual property rights in, or to, the Platform or the Services other than the right to use them in accordance with these Terms.
  • 7.2. As part of your use of the Platform, you may submit or make available certain content, information and data, such as posts, announcements, messages or other files (“Contributions”). You are responsible for your Contributions, and you assume all risks associated with your Contributions, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure that makes you or anyone else personally identifiable. You represent and warrant that you own or have the necessary rights, consents, and permissions to use and authorise the use of Contributions as described herein. You may not imply that Contributions are in any way sponsored or endorsed by us.
  • 7.3. We are not responsible or liable to you or any third-party for the content or accuracy of any Contributions, including without limitation any actual or alleged third-party breach of your intellectual property rights. We may reject or remove Contributions (such as Contributions that violate these Terms or applicable law), but we have no obligation to do so. Please contact us if you wish to complain about any users’ Contributions.
  • 7.4. Whilst we have taken reasonable security measures, we recommend that you regularly back up any Contributions or other content you provide or upload.
  • 7.5. You are the owner of any Contributions you upload to the Platform. You grant to us a worldwide, royalty-free, non-exclusive, sub-licensable, transferable, perpetual, irrevocable, license to the Contributions to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Contributions on the Platform or as otherwise required for us to provide the Services.

8. PAYMENT

  • 8.1. You shall pay the Fees to CIGARKEEP in accordance with this Condition 8.
  • 8.2. You shall provide to CIGARKEEP valid, up-to-date and complete credit card or direct debit details acceptable to CIGARKEEP and/or any other relevant valid, up-to-date and complete contact and billing details.
  • 8.3. If you provide credit card details or bank direct debit details to CIGARKEEP, you now authorise CIGARKEEP to bill such credit card or bank account on or after the Effective Date, and monthly in advance thereafter, for Fees payable.
  • 8.4. If CIGARKEEP has not received payment on the due date, and without prejudice to any other rights and remedies of CIGARKEEP:
    1. 8.4.1. CIGARKEEP may, without liability to you disable your passwords, accounts and access (where applicable) to all or part of the Services and CIGARKEEP shall be under no obligation to provide any or all of the Services while the Fees remain unpaid; and
    2. 8.4.2. interest shall accrue on such due amounts at an annual rate equal to 4% over the then current base lending rate of the Bank of England at the date the relevant invoice was issued, commencing on the due date and continuing until fully paid, whether before or after judgment.
  • 8.5. All amounts and fees stated or referred to in these Terms shall be payable in the currency set out on the Sign-Up are non-cancellable and non-refundable, and are inclusive of value added tax.

9. INDEMNITY

  • 9.1. You shall defend, indemnify and hold harmless CIGARKEEP against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services in breach of these Terms, provided that:
    1. 9.1.1. you are given prompt notice of any such claim;
    2. 9.1.2. CIGARKEEP provides reasonable co-operation to you in the defence and settlement of such claim, at your expense; and
    3. 9.1.3. you are given sole authority to defend or settle the claim.

This means you will be responsible for any loss or damage we suffer as a result of your breach of these Terms.

10. LIMITATION OF LIABILITY

  • 10.1. CIGARKEEP does not exclude or limit in any way its liability for:
    1. 10.1.1. death or personal injury caused by CIGARKEEP’S negligence;
    2. 10.1.2. damage to your property;
    3. 10.1.3. fraud or fraudulent misrepresentation; or
    4. 10.1.4. any other loss which cannot be excluded or limited by law.
  • 10.2. Otherwise, your use of the Platform and/or Services is entirely at your own risk and, to the fullest extent permitted by law, we shall not have any liability in relation to any loss, claim or damage arising from or related to the use of the Platform and/or Services, including without limitation liability arising out of, or in connection with, any transactions, exchanges or sales between you and other users via the Platform.
  • 10.3. The Platform and/or Services are provided on an ‘as is’ and ‘as available’ basis and to the extent permitted by law, without warranties of any kind. In particular, we make no warranty that such services will meet your requirements or expectations or that it will be uninterrupted or error free.
  • 10.4. CIGARKEEP is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services and Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
  • 10.5. Subject to Condition 10.1, and to the extent permitted by law, CIGARKEEP shall not be liable for any loss of business, loss of profit, or for any indirect or consequential loss.

11. TERM AND TERMINATION

  • 11.1. This agreement shall commence on the Effective Date, and unless terminated earlier in accordance with Condition 13.2 or 13.3, until either party terminates by giving notice in writing to the other party, such notice to take effect on your next billing date.
  • 11.2. CIGARKEEP may terminate these Terms without liability to you if you commit a material breach these Terms and (if such a breach is remediable) you to fail to remedy that breach within 30 days of being notified in writing of the breach.
  • 11.3. On termination of these Terms for any reason:
    1. 11.3.1. all rights to use the Services granted under these Terms shall immediately terminate;
    2. 11.3.2. the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.

12. GENERAL

  • 12.1. Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
  • 12.2. These Terms does not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns).
  • 12.3. If CIGARKEEP choose to waive any particular right it has under these Terms on any particular occasion, this does not prevent it from exercising that right on another occasion.
  • 12.4. If any part of these Terms is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of these Terms.
  • 12.5. CIGARKEEP shall have no liability to you under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control.
  • 12.6. You are not entitled to transfer or assign your rights and obligations under these Terms to anyone else. CIGARKEEP may transfer its rights and obligations under these Terms by giving written notice of such transfer to you.
  • 12.7. These Terms, including the Sign-Up referencing these Terms and Conditions, constitute the complete and exclusive understanding and agreement between you and CIGARKEEP regarding its subject matter and supersedes all prior or other agreements or understandings, written or oral, relating to its subject matter (including any proposal CIGARKEEP may have issued to you). Each party acknowledges that, in entering into these Terms it does not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to these Terms or not) other than as expressly set out in these Terms.

13. LAW AND JURISDICTION

  • 13.1. These Terms shall be governed by the laws of England and Wales. If either party requires to raise court proceedings in relation to any such dispute then the English courts shall have exclusive jurisdiction under these Terms in relation to those proceedings, to the extent permitted by law.