TERMS AND CONDITIONS OF USE OF THE WEBSITE PLOOM.RS

Effective as of May 8, 2024

Welcome to the website www.ploom.rs (“the Website”). This Website is operated by JT INTERNATIONAL AKCIONARSKO DRUŠTVO SENTA, with registered seat at the address Subotički put 25, Senta, Republic of Serbia, company number: 08052441, independently or through affiliated companies (“JTI” or “We”), i.e., through our partners.

Any person who wants to use the Website must accept these terms and conditions of use (“the Terms of Use”) set out by JTI, without any modifications, therefore please read them carefully. By accessing and use of the Website, you accept, without limitation, all of the Terms of Use and you confirm that you have read all accompanying policies of the Website, including the Privacy Policy, as indicated in these Terms of Use. If you do not agree with all of these Terms of Use, you must not access or use the Website in any manner.

1. Purpose of the Website

The purpose of the Website is to present our Ploom brand product, namely an electronic device for heating non-combustible tobacco products, as well as accompanying components and accessories (“the Products”) to interested adults from the territory of the Republic of Serbia, as well as enabling the conclusion and execution of a contract for the sale of Products through the electronic store available on the Website, including creating a user account, i.e., registering on the Website and managing certain privacy settings when it comes to the processing of your personal data.

In accordance with the above, by accessing this Website, you declare and guarantee that you are at least 18 years old.

2. Accessing and use of the Website

You can use the Website as a visitor or as a registered user. Use of the Website, in addition to access, includes browsing the Website and registration, i.e., creating an account, as well as using the electronic store available on the Website.

The use of the Website is free of charge. In the event of purchase of the Products through the electronic store, you shall be obliged to pay the stated price of the Products, with accompanying tax.

When accessing or using the Website, you shall be required to confirm or provide certain personal information, as outlined in the Privacy Policy. In relation to the foregoing, you confirm and agree that you provided accurate information about your age when you first accessed the Website. If we suspect that the information you provided is not accurate, valid or complete, we reserve the right to deny you access to the Website and to revoke or suspend your access at any time.

Additionally, during registration or use of the electronic store, you must confirm your details and inform us of any changes to the information covered by your account on the Website (by logging into the Website and correcting your profile information). Furthermore, you agree that your username and password for accessing the website are confidential, and you are obligated to keep their confidentiality at all times. You shall not sell, transfer, or assign your account, and you will be responsible for any use made by any person using your username and password.

3. Ownership and copyright of the Website Content; Trademarks and Domain Names

All materials used or displayed on the Website, including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, Meta-tags as well as the collection, arrangement, and assembly of such materials (“the Website Content”), are owned or used under license by JTI, or they are third party material that JTI has been authorized to display as the Website Content and are protected by copyright, trademark or other applicable laws. You are hereby authorized to display on your computer, download, use and make one printed copy of the Website Content solely for your own non-commercial use, provided that you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not copy or use the Website Content in any other manner or for any purpose. In particular, you may not:

• modify, sell, reproduce, distribute, retransmit, publish, display, create derivative works based on the Website Content, repost or otherwise use any Website Content or underlying proprietary or copyright rights without the prior written consent of JTI; or
• remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

In the event that you wish to use the Website Content for purposes other than personal use, or to modify the Website Content, please contact us by sending an email to [email protected].

Certain content on this Website, including, but not limited to text, graphics, logos, icons, and photographs is owned or provided by third parties (“the Third-Party Content”). You have no proprietary rights in the Third-Party Content and that the third parties retain all proprietary right, title or interest, including copyright, in their respective Third-Party Content. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any of the Third-Party Content without the prior written consent of such third parties. Should you wish to use the Third-Party Content, please contact the respective third party for permission.

Brands appearing on this Website and related logos are trademarks used under license by JTI (“the Trademarks”). The Website may also contain other trademarks owned or controlled by third parties (“the Third-Party Marks”). Your use of and the content of the Website should not be construed as granting, by implication or otherwise, any license to use the Trademarks or Third-Party Marks without the prior written consent of JTI or the owner of the Third-Party Marks.

Internet address www.ploom.rs is a domain name registered by JTI (“the Domain Name”). You may not link to this Website or use the Domain Name without the prior written consent of the said registrant.

You may not frame or utilize framing techniques to enclose any Website Content, Third-Party Content, Trademarks, Domain Names and Third-Party Marks or other proprietary information of JTI without our written consent. You may not use any meta-tags or any other “hidden text” utilizing the name of either JTI, the Trademarks or the Third-Party Marks without the express written consent.

4. Lawful use of Website

You agree that you shall use the Website for lawful purposes only. Without limiting the foregoing, you will not use the Website, or allow others to use the Website, to:

• download, email, post, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any materials which encourage conduct that would constitute a criminal offence or civil liability, infringe other’s intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law
• iemail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• upload, email, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, Trojan Horses, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;
  
• interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, engaging in denial of service attacks, spamming, crashing, or mail-bombing the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
  
• use the Website for any public or commercial purposes, without the prior written permission of JTI;
  
• modify, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble, mirror, scrape, data-mine, attempt to extract the source code of or otherwise deconstruct any portion of the Website or Website Content; or
  
• collect or store personal data about other users.
  

You agree not to access the Website from any territory where its use or content is illegal. You agree that JTI is not responsible for compliance with applicable foreign local laws.

5. Website Privacy Policy

By accessing the Website, you acknowledge that you have seen, reviewed and understood the Website's Privacy Policy (“the Privacy Policy”) governing the collection, use, storage and disclosure of your personal data. Any use of the Website necessarily implies the application of the privacy rules defined in the Privacy Policy. JTI may, from time to time, change the Privacy Policy, in its sole discretion, in accordance with applicable regulations and practices, and your continued use of the Website after such change will constitute your acceptance of the changes.

Please note that the Website is a purpose-built business portal, and to fulfill its objectives, among other things, it interacts with you and gains insight into your activities on the Website and/or the data collected directly from you or automatically when you use the Website. Therefore, in order to offer you relevant content, capture your interest in additional content, strengthen our relationship with you, or involve you in our loyalty programs and reward you accordingly, it is necessary for us to know which categories of content interest you, whether you have visited certain content, and similar information. Please read more about that in the Privacy Policy.

6. Modifications to the Website

JTI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website and to restrict or prohibit access to it, with or without notice. You agree that JTI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. JTI reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website at any time without notice but has no obligation to do so.

7. Hyperlinks

This Website may contain hyperlinks to websites operated by parties other than JTI. These hyperlinks do not imply any endorsement by JTI of or any affiliation with or endorsement by JTI of the hyperlinked website. Once you are linked to another website, you should read the applicable terms of use and privacy statement of that website before using such website and disclosing any personal information.

JTI is not responsible for the availability of any external website and no information, material or content referred to or included or linked to or on the Website reflects or implies any endorsement of the products or services of any third party. Your access to and use of such third-party websites, including all information, material, products and services contained therein, is solely at your own risk.

8. Disclaimer

The Website, the Website Content and the Third-Party Content, are provided on an “as is” and “as available” basis, without any warranty of any kind whatsoever, either express or implied, including, but not limited to the implied warranties of merchantability, merchantable quality, accuracy, fit for any particular purpose, quiet enjoyment, or non-infringement. The Website may include inaccuracies or typographical errors.

For the sake of greater certainty: (I) JTI does not make any; (II) JTI disclaims all; and (III) there are no; representations, warranties or conditions, express or implied, statutory or otherwise, regarding the Website, any Website Content or any Third-Party Content made available through the Website including, without limitation, representations, warranties or conditions, express or implied, statutory or otherwise: (1) that the Website will meet your requirement; (2) that the Website will be uninterrupted, timely, secure or error-free; (3) about the results that may be obtained from the use of the Website; (4) that the Website Content or the Third-Party Content will be accurate or reliable; (5) that the Website Content or Third-Party Content will be of merchantable quality or fit for any particular purpose and (6) that the quality of any Website Content or the Third-Party Content obtained by you through the Website will meet your expectations.

Any Website Content or the Third-Party Content downloaded or otherwise obtained through the use of the Website is done at your risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material.

No advice or information, whether verbal or written, obtained by you from either JTI or through the Website, shall create any warranty not expressly made herein. Certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights as provided by law.

Under no circumstances will JTI be liable in any way to you for any Website Content or Third-Party Content, including, but not limited to, any errors or omissions in such Website Content or Third-Party Content, or for any loss or damage of any kind incurred as a result of the use of any Website Content or Third-Party Content downloaded, emailed or otherwise transmitted to you via the Website.

You hereby agree to release JTI and each of its affiliates and subsidiaries and their respective directors, officers, shareholders, employees, agents, representatives or advisors (“the Representatives”) from any and all liability whatsoever or arising from your use of the Website, including any email to the Website, and you agree that if you are unhappy with any of the services provided through the Website, then your sole remedy is to cease using them.

You hereby agree that JTI does not guarantee that products displayed on the Website are available at the time of ordering.

9. Limitation of liability

In no event shall JTI, or its affiliates or subsidiaries or their respective Representatives be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary, claims, losses, expenses, debts or damages of any nature whatsoever, including but not limited to, damages for loss of profits, loss of income, loss of revenues, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, personal injury, damage to property, damages resulting from viruses, data corruption, failed messages, transmission errors or problems, links to third-party websites, third-party content, third-party products or services, claims of third parties, loss of goodwill, use, data or other intangible losses (even if they have been advised of the possibility of such damages), whether resulting from faults, omissions or negligence of contractual or of statutory nature or of any other nature whatsoever, resulting from: (i) your access or use or the inability to access or use the Website, the Website Content or the Third-Party Content or any website to which you hyperlink from the Website or any information or your reliance on any content, goods or services available on or through any linked website; (ii) any third party claims that the access or use by you of the Website, the Website Content or the Third-Party Content violates any intellectual property or proprietary right; (iii) any failure of performance of the Website, the Website Content or any Third-Party Content, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; or (iv) any other matters relating to the Website, the Website Content or the Third-Party Content, even if JTI or you have been advised of the possibility of such damages, and whether resulting from any misrepresentation, tort or contract law or otherwise. You specifically acknowledge that JTI is not liable for the defamatory, offensive or illegal conduct of any third parties and that the risk of injury from the foregoing rests entirely with you. Further, JTI shall not have any liability to you for any Website Content or Third-Party Content downloaded from the Website.

10. Indemnity and discharge

You are responsible and liable for: (a) any breach of your representations, warranties, covenants or obligations under these Terms of Use and for the consequences of such breach, including any resulting loss or damage incurred by JTI; (b) any and all activities that occur at the time of your age confirmation, registration or creation of your account; and (c) any and all actions and omissions by you.

You agree to indemnify and hold harmless JTI, its affiliates and subsidiaries and their respective Representatives from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from your use of the Website, the Website Content or the Third-Party Content or your violation of these Terms of Use. You will assist and co-operate as fully as reasonably required by the foregoing parties in the defense of any such claim or demand.

11. Changes to the Terms of Use

We reserve the right to change any of these Terms of Use at any time and at our sole discretion. Any changes will be effective upon posting a new or modified version of these Terms of Use on the Website. Your use of the Website will be subject to the then current version of these Terms of Use, or any other policy or guideline posted or referenced on the Website at the time of such use. Your continued use of the Website following the posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these Terms of Use, please immediately discontinue use of the Website.

12. Applicable law

These Terms of Use will be governed by the laws of the Republic of Serbia. Any dispute or legal proceedings arising directly or indirectly from these Terms of Use shall be instituted exclusively before a competent court of law located in Belgrade, Republic of Serbia, and you irrevocably submit and consent to the exclusive jurisdiction of those courts in respect of all such disputes.

The Terms of Use are enacted in Serbian and in English language, whereby in the event of any discrepancies between the aforesaid versions, the Serbian version shall prevail.

13. Entire agreement

These Terms of Use include and incorporate by reference all notices, policies, disclaimers and other terms and conditions contained on the Website, including the Privacy Policy and General Terms (of sale). The Terms of Use, as they may be amended from time to time, constitute the entire agreement between you and JTI relating to the use of the Website and supersede any prior understandings or agreements (whether verbal or written), claims, representations, warranties, and understandings of the parties regarding the use of the Website and these Terms of Use may not be amended or modified except in writing and by making such amendments or modifications available on the Website.

14. Assignment

You may not assign or otherwise transfer your rights, duties or obligations hereunder.

15. Severability

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

16. No waiver

JTI will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and properly signed by JTI. No delay or omission by JTI in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Any failure by JTI to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.

17. Termination

These Terms of Use are effective until terminated or replaced by us, with or without cause, in our sole and exclusive discretion. We may refuse to grant you access to the Website if you fail to comply with any of our Terms of Use. We also reserve the right to terminate or suspend your use of the Website or any portion thereof at any time, for any reason, with or without cause. Any such termination by us shall be in addition to, without prejudice to such rights and remedies as may be available to us, including injunction and other civil or equitable remedies or relief. If these Terms of Use or your permission to use this Website are terminated for any reason, then (a) these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of this Website and anything connected with, relating to or arising from that use; and (b) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time.

Should you wish to terminate your Website account and that we cease communicating with you, please notify us by email at [email protected].

Sections 3, 8, 9, 10, 12, 13 and 17 of these Terms of Use shall survive the termination or expiry of these Terms of Use.

18. Rights

All rights not expressly granted herein are reserved.

19. Contact

If you require assistance with accessing any part of the Website, please contact us at [email protected].

Questions, comments or any violations reports should be sent by email to [email protected].