MY BAT REWARDS TERMS OF USE

WHAT IS IN THESE TERMS

These terms of use (“Terms”) apply to your use of the My BAT Rewards website at Mybatrewards.uk (“Website”) and the My BAT Rewards web-based application (together with its content, any upgrades and any other software or documentation which enables its use) (“App”) and the services accessible through the Website and App (“Website and App Services”) once you have registered an account on My BAT Rewards Website or App (“Account”) via your mobile telephone or device (together “Device”).

WHO WE ARE AND HOW TO CONTACT US                   

The Website and App is owned and operated by British American Tobacco UK Limited (company number: 02346565) (“we”, “our” or “us”, as applicable). For further information about us, you can contact us by e-mailing supportmybatrewards@bat.com or writing to us at:

 

My BAT Rewards,

British American Tobacco UK Limited,

Building 7, 566 Chiswick High Road,

London,

W4 5YG.                

 

BY USING THE APP YOU ACCEPT THESE TERMS

Save where expressly stated to the contrary, these Terms apply to all users of the Website and App (“Users”, “You”). By creating an Account and using the Website you agree to these Terms which will bind you each time you use the Website and App.

If you are using the Website and App Services on behalf of your business (whether as employee, consultant, director or otherwise), you confirm that you are expressly authorised to bind your business to these Terms.

Your access to and use of certain Website and App Services is dependent upon whether you have been signed up as an owner of a business (“Business Owner”), a business manager (“Business Manager”) or as an employee of the business (“Business Staff”). Your access may be restricted from certain aspects of the Website and App Services (for example your entitlement to certain Rewards (as defined below)).

You acknowledge that your agreement with your internet service provider (“ISP”) will apply to your use of the App. You acknowledge that you may be charged by your ISP for data services while using certain features of the App or any such third-party charges as may arise and you accept responsibility for such charges.

You need to be a trade retailer and over 18 years of age to use the App. By creating an Account, you represent and warrant that you are at least 18 years old or older and are a trade retailer. If you do not agree to any of the Terms, please do not use the Website or App.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING  

If you use the App on any Device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the Device.

WE MAY MAKE CHANGES TO THESE TERMS  

We may amend these Terms from time to time. Every time you wish to use our Website or App, please check these Terms to ensure you understand the Terms that apply at that time.

YOUR PRIVACY

We take your privacy very seriously.  Please read our Privacy Notice to see how we use your personal information.

We use non-strictly necessary cookies when you consent for us to do so and strictly necessary cookies on the Website and App. Please see our Cookies Notice for more information about the type of cookies and tracking technologies that we use on the Website and App and why, and how to accept and reject them.

WE MAY SUSPEND OR WITHDRAW the app

The Website and App is made available free of charge however the User may incur charges within the Website and App.

We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website or App for business and operational reasons.

From time to time we may automatically update the Website and App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

REQUIREMENTS WHEN USING THE WEBSITE AND APP

Our Website and App function when viewed with up to date and popular website browsers (“Website Browsers”). These Website Browsers include Mozilla Firefox version 45.0 (or higher); Google Chrome version 45.0 (or higher); and/or Microsoft Edge version 38 (or higher).

The Website or App may not function properly on a different web browser or if you operate the Website and App using an earlier version of the Website Browsers listed above.

Our Website and App is designed to work on the most popular screen sizes and resolutions (namely devices that have screens to display the content optimized for horizontal resolution of the screen larger or equalled to 1200 pixels). The Website and App may look different when viewed on computer screens of different resolutions.

YOUR ACCOUNT

You are required to register and create an Account with us to use the Website and App. You must keep your registration and Account details confidential. If you become aware of any misuse or unauthorised use of your registration and Account details, you must inform us immediately by using the contact details provided above.

When you create an Account you are required to provide personal data. For details of the lawful bases that we rely on to be able to use and process your personal information, please see How we use your information section in our Privacy Notice.

If you breach any of these Terms we may (at our sole discretion) terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation temporarily or permanently blocking specific IP addresses), at any time and without the need to give you prior notice.

HOW YOU MAY USE THE WEBSITE AND APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

You must not: 

• use the Website and App Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website and App Services;
• infringe our intellectual property rights or those of any third party in relation to your use of the Website and App Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
• use the Website and App Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• use the Website and App Services to impersonate another person or otherwise misrepresent your affiliation with a person or entity; or
• collect or harvest any information or data from the Website and App Services or attempt to decipher any transmissions to or from the servers running the Website and App Services.

LICENCE RESTRICTIONS

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the Website and App Services in any form, in whole or in part to any person without prior written consent from us;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Website and App Services nor permit the Website and App Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Website and App Services on devices as permitted in these Terms;
• save to the extent as otherwise permitted under applicable law, not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website and App Services nor attempt to do any such things; and
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Website and App Services.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where the Website or App 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.

PLACING AN ORDER

When you go to place an order using the Website and App, you will be redirected to the Vaper Market website. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to the Terms of Sale.

INTELLECTUAL PROPERTY RIGHTS  

All intellectual property rights in the Website and App Services belong to us (or our licensors) and the rights in the Website and App Services are licensed to you. You have no intellectual property rights in, or to, the Website and App Services other than the right to use them in accordance with these Terms.

your rewards

You may receive loyalty points (“Rewards”) or other promotion for purchasing products, completing quizzes and reading news articles within the Website and App which we may offer from time to time. Rewards are subject to availability and we reserve the right to withdraw, cancel or amend any Rewards at any time. To redeem Rewards, follow the directions provided in the Website and App to you.

A breakdown of how you can collect and redeem Rewards can be found in the My BAT Rewards Points Terms and Conditions.

In the event that you are not deemed eligible for a Reward, for example because you have not earnt sufficient loyalty points, or we could not verify your loyalty points, we shall not be obliged to provide any Reward to you. Any determination as to your eligibility shall be made by us at our sole discretion and all decisions are final.

From time to time, these Rewards may be redeemable as raffle tickets for raffle draws (“Raffle Draws”) which we host on a monthly basis. The use of Rewards relating to Raffle Draws are subject to separate Raffle Draws Terms and Conditions which are provided to you when entering the Raffle Draw. You must comply with those terms and conditions when redeeming and using a Reward for Raffle Draws, which may include an expiry date on the validity of the Reward.

You are fully responsible for the safe keeping and proper use of a Reward on receipt. We cannot be held responsible for any lost or stolen Rewards and no replacements shall be issued under any circumstances.

If our supply of the Reward is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. In particular, we cannot be responsible for any delay or non-delivery caused by your email or telecommunications provider, or the provision of incorrect or incomplete information by you.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

We exclude all implied conditions, warranties, representations or other terms that may apply to our Website and App or any content on it.

We will not be liable to you for 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:

1. use of, or inability to use, our Website and App Services; or
2. use of or reliance on any content displayed on our Website and App.
3. In particular, we will not be liable for:
   1. loss of profits, sales, business, or revenue;
   2. business interruption;

• loss of anticipated savings;

1. loss of business opportunity, goodwill or reputation; or
2. any indirect or consequential loss or damage.

When we are liable for damage to your property. If defective digital content that we have supplied damages a Device or digital content belonging to you, we will either repair the damage or pay you compensation.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

Limitations to the App and the Services. The Website and App Services are provided for general information purposes only. They do not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by the Website and App Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We are not responsible for events outside our control. If our provision of the Website and App Services or support for the Website and App Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to terminate your Account.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS 

We have the right to disable any Account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.

 If we end your rights to use the App: 

• you must stop all activities authorised by these Terms, including your use of the Website and App Services.

Support for the App and how to tell us about problems

If you want to learn more about the Website and App Services or have any problems using them please take a look at our support resources at automated chatbot.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at supportmybatrewards@bat.com.

If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

These Terms are governed by English law.  Either you or we can bring legal proceedings in connection with these Terms or the App in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Nothing in these Terms will deprive you of your rights as a consumer to bring or defend proceedings in your home state, nor deprive you of the protection given to you by the laws of the country in which you live.

 

 

UPDATED ON 06.05.2021