Terms & Conditions

PREAMBLE

The purpose of these terms of use (hereinafter the "ToU") is to define the terms and conditions under which, on the one hand, JTI Northern & Western Africa SARL, a limited liability company with capital of MAD 10,000, registered in the Casablanca Trade Register under number 243933, whose registered office is located at Continental Business Center, 8thth floor, Casablanca, Morocco (hereinafter "JTI"), in its capacity as publisher of the website (hereinafter the "Website"), makes the Website and the services available on the Website available to the user (hereinafter the "User") and, on the other hand, the manner in which the User accesses the Website and uses its services.

The Website is a showcase site published by JTI, allowing Users to obtain information about the different ranges of nicotine pouches sold in various points of sale (hereinafter the "Products").

In particular, the Website allows Users to view information about the Products, discover the different ranges on offer, access informative articles, subscribe to a newsletter to receive the latest news, and contact JTI via a contact form, email, or telephone.

The Website also provides Users with a location tool enabling them to identify points of sale marketing the Products in Morocco, in particular based on their geographical location.

Any connection to the Website is subject to compliance with these ToU. Access to and use of the Website by the User implies full and complete acceptance of these ToU.

IMPORTANT REMINDER

Access to the Website is strictly reserved for persons of legal age and residing in Morocco.

Any person who is a minor or not resident in Morocco is requested to leave the Website immediately.

By continuing to browse the Website, you declare and guarantee that you are of legal age, are resident in Morocco, and accept these Terms of Use without reservation.

WARNING

The content of the Website is strictly reserved for adults.

Access to the Website and consumption of the Products are strictly prohibited to minors.

The Products presented on the Website contain nicotine, a highly addictive substance.

The use of these Products is not recommended for young people and non-smokers, pregnant or breastfeeding women, or people with heart conditions, high blood pressure, diabetes, hyperthyroidism, or ulcers, or who are undergoing medical treatment, particularly for depression or asthma.

The contents of the Products are harmful if swallowed. The Products must be kept out of the reach of children and used in accordance with the precautions for use indicated on their packaging.

The Products presented on the Website are not smoking cessation aids.

The Products presented on the Website do not contain tobacco and are not intended to be smoked, inhaled, or heated.

Nor are they foodstuffs or food supplements within the meaning of the legislation and regulations in force, and are not intended for ingestion.

JTI remains attentive to legislative and regulatory developments that may affect the manufacture, presentation, or communication relating to nicotine Products and reserves the right to modify these ToU in order to comply with them.

ARTICLE 1. LEGAL INFORMATION

• Users may contact JTI by the following means by email: [email protected]

The Website is for informational purposes only with regard to the Products. It does not constitute an electronic newspaper or an electronic press service within the meaning of applicable law.

ARTICLE 2. PURPOSE

These ToU govern access to and use of the Website. By accessing the Website, subscribing to the newsletter, or contacting JTI via the contact form, email, or telephone, the User acknowledges that they have read and accept the ToU without reservation.

JTI reserves the right to modify or update the ToU at any time without prior notice.

The modified versions of the ToU are binding on Users as soon as they are posted on the Website.

ARTICLE 3. CONTACT REQUESTS

JTI provides Users with a contact form enabling them to submit any requests for information. JTI will make every effort to respond to such requests.

JTI's automatic recording systems are deemed to be proof of the nature, content, date, and time of communications sent by Users.

When the User expressly consents, in particular by opting in, JTI may send them marketing communications (information, offers, news).

This consent is voluntary and may be withdrawn at any time via the unsubscribe link included in each communication or in accordance with the terms set out in the privacy policy.

ARTICLE 4. ACCESS TO THE SITE

Access to the Website may be suspended or interrupted at any time, temporarily or permanently, and without notice, in particular for reasons of updating, security, or maintenance, without JTI being held liable by the User in this regard.

JTI reserves the right to correct, update, or modify the Website and the information it contains at any time and without prior notice.

JTI shall not be held liable for any direct or indirect damage resulting in particular from:

• use of the Website that does not comply with the ToU;
• a malfunction of the internet or any risks related to the use of the internet (viruses, hacking, etc.)
• any malfunction or incompatibility of the User's computer equipment.

ARTICLE 5. PERSONAL DATA

JTI undertakes to ensure a high level of protection for Users' personal data in accordance with Law No. 09-08 on the protection of individuals with regard to the processing of personal data, under the supervision of the National Commission for the Control of Personal Data Protection.

Information concerning the processing of personal data, in particular its purposes, retention periods, Users' rights and the procedures for exercising those rights, is set out in the privacy policy accessible via the following link.

JTI uses cookies for technical, statistical, and functional purposes. Users may refuse cookies via their browser settings or via the Website's preference management module.

For more information about cookies and how to refuse them, please consult the cookie policy, accessible via the following link.

ARTICLE 6. INTELLECTUAL PROPERTY

All intellectual property rights relating to the Website are reserved.

The Website is protected by copyright. Any use of all or part of the Website, including downloading, reproduction, transmission, or representation on any medium and by any means, for purposes other than personal and private use for non-commercial purposes is strictly prohibited without the prior written permission of JTI.

The Website, as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds, or any other data contained on the Website remain the exclusive property of JTI or, where applicable, their respective owners with whom JTI has entered into usage agreements.

The company names, trademarks, and distinctive signs reproduced on the Website are also protected under industrial property law. The use, reproduction, or representation of all or part of any of the aforementioned signs must be subject to prior written authorization from JTI.

In general, any unauthorized reproduction or representation of trademarks, logos, designs, models, literary, musical, audiovisual, photographic works, and more generally any element likely to be protected by an intellectual property right accessible on the Website is prohibited and constitutes an infringement within the meaning of Law No. 17-97 on the protection of industrial property and Law No. 2-00 on copyright and related rights, unless such reproduction or representation is exclusively reserved for strictly personal and private use.

JTI grants the User a non-exclusive and non-transferable right to use the Website and the data contained on the Website. The right thus granted consists of (i) the right to consult the data contained on the Website online and (ii) the right to reproduce such data by printing and/or saving it. This right of use is strictly for private use only. All other rights are expressly reserved by JTI.

Any other use of the Website, particularly for commercial or advertising purposes, by the User is prohibited without the express written authorization of JTI and shall render the User liable.

The User shall refrain from reproducing and/or representing, downloading, selling, distributing, broadcasting, translating, adapting, exploiting, distributing, disseminating, and communicating, in whole or in part, in any form whatsoever, for commercial or non-commercial purposes, any data contained on the Website, including, but not limited to, for any use other than private use. The User also agrees not to introduce data onto the Website that would modify or be likely to modify the content or appearance of the data, presentation, or organization of the Website, by any means whatsoever.

ARTICLE 7. SECURITY

In order to ensure the security of the Website and prevent any misuse, JTI implements technical protection measures, including reCAPTCHA technology provided by Google.

The use of reCAPTCHA is intended to protect the Website's forms from automated access, fraud attempts, and abuse, and to secure Users' interactions with the Website.

By accessing and using the Website, the User acknowledges and agrees that certain data may be collected and processed by Google in connection with the use of reCAPTCHA, in accordance with Google's privacy policy and terms of use.

The User acknowledges that they have been informed of the implementation of this security measure and consents to it under the conditions described above.

In addition, JTI implements the necessary and appropriate measures to ensure the security of the Website and, in particular, the protection of Users' personal data against loss, misuse, unauthorized access, alteration, or destruction. However, as such risks are inherent to the internet, the User is informed that the Website cannot be protected against all risks.

ARTICLE 8. RIGHTS AND OBLIGATIONS OF SITE USERS

Users of the Website have the right to browse freely in order to consult information about the Products, discover their characteristics, and locate the points of sale that sell them. They also have the option of subscribing to the newsletter, which allows them to receive news about the Products and, more generally, information about nicotine pouches.

They may also contact JTI using the contact form available on the Website, or by telephone and email at the addresses indicated on the Website. These various means of communication allow Users to send JTI any questions, comments, or requests for information relating to the Products or the functioning of the Website.

Users are required to use the Website in accordance with its purpose, which is exclusively to consult information and contact JTI. They undertake not to interfere with the proper functioning of the Website, whether through attempts to hack into it, the introduction of malicious programs, or any other behavior likely to damage, disrupt, or alter JTI's computer system. They shall also ensure that they do not misuse the features offered, in particular by avoiding any abusive, offensive, advertising, or unsolicited use of the contact form or contact details provided.

When filling out a form or subscribing to the newsletter, Users guarantee the accuracy and sincerity of the information they provide. JTI reserves the right to suspend or refuse access to the Website to any User who does not comply with these ToU.

ARTICLE 9. REPRESENTATIONS AND WARRANTIES

By accessing the Website, the User declares that they are eighteen years of age or older, have the legal capacity to use the Website, and accept these ToU. They guarantee that the information they provide is accurate and up to date and that they will not use the Website for purposes contrary to the law, morality, or the security of JTI's computer systems.

The User acknowledges that JTI may, when necessary, in particular to ensure compliance with Moroccan legislation applicable to Products containing nicotine, request additional confirmation of their age or identity.

ARTICLE 10. HYPERTEXT LINKS

The Website may contain links to other websites. When the User uses these links, they leave the Website. These links and the sites they provide access to are independent of this Website. As such, the User is informed that JTI has no control over the content of these links and assumes no responsibility for their content. The User also acknowledges and agrees that they use these links under their sole responsibility.

ARTICLE 11. LIABILITY

JTI is only responsible for the content of the pages it publishes. JTI cannot therefore be held liable for any matters other than those relating to the publication of the Website.

In particular, JTI shall not be held liable for the sale of Products carried out by third parties, which remain solely the responsibility of such third parties and are governed exclusively by their own general terms and conditions of sale.

Where Products are sold through a point of sale operated directly by JTI, such sales shall be governed exclusively by specific general terms and conditions of sale, accessible via the link, to which the purchaser shall be required to refer and agree prior to any transaction.

Although JTI makes every effort to ensure that the information provided on the Website is accurate and up to date, JTI does not guarantee in any way the accuracy, precision, completeness, or adequacy of the information made available on the Website.

The Website is intended solely for Users who access it from within Morocco. If the User decides to consult the Website from outside Morocco, they do so at their own risk and declare that they are responsible for complying with applicable local laws.

It is specified that:

• The Website is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond JTI's control.
• JTI may temporarily interrupt access to all or part of the Website for maintenance purposes to ensure the proper functioning of the Website, without prior notice and without such interruption entitling you to any compensation.

JTI cannot be held liable for these service interruptions or operational disruptions.

The User declares that they are fully aware of the intrinsic characteristics of the internet, in particular the fact that (i) data transmission over the internet is only relatively reliable, as data circulates on heterogeneous networks with varying characteristics and capacities, which are sometimes saturated at certain times of the day and may impact download times or data accessibility, and (ii) the internet is an open network and, as a result, the information it carries is not protected against the risks of misappropriation, intrusion into the User's system, hacking of the User's system data, programs, and files, or contamination by computer viruses, and (iii) that it is the User's responsibility to take all appropriate measures to protect their data, files, or programs stored in their system against contamination by viruses and attempts to intrude into their system.

JTI cannot be held liable for any malfunction, inability to access, or malfunctioning of the Website attributable to unsuitable equipment, malfunctions of the User's Internet service provider, or malfunctions of the Internet network.

JTI reserves the right to refuse access to the Website, unilaterally and without prior notice, to any person who does not comply with these ToU.

ARTICLE 12. APPLICABLE LAW - DISPUTES

These ToU are subject to Moroccan law.

The language of these ToU is English.

Any dispute relating to their validity, formation, interpretation, execution, and/or nullity shall fall within the exclusive jurisdiction of the competent courts.