NORTH SHORE TOBACCO CANADA INC WEBSITE TERMS AND CONDITIONS – RETAILERS

The North Shore Tobacco Canada (“ NSTC”) website at www.northshoretobacco.com (the “Website”) is owned and operated by North Shore Tobacco Canada Inc., 458-124 North Street N., Simcoe Ontario Canada N3Y 4L1.

Your use of the website and the ordering service provided via the Website (the “services”) is governed by these Terms and Conditions. By visiting the Website or using the Services you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website or the Services.

The Website and the Services are provided for people who are:

18 years of age;
Currently employed by or as a proprietor of a property licenced retail business or wholesale business registered to sell retail tobacco products, and;
Engaged in the retailing of tobacco products.
If you use the Website or the Services you are warranting to North Shore Tobacco Canada Inc., that you meet the criteria specified in these Terms and Conditions. Your access to the Website and the Services may be terminated by us if you act in breach of these Terms and Conditions or if we have reasonable grounds for suspecting a breach.

CONDITIONS OF USE

We may collect and process the following information about you:

The Services comprise an ordering tool to allow NSTC customers to place their order by logging into the Website, selecting products and completing the process to place an order with NSTC.

The Website and the Services are currently made available to you free of charge for your commercial use for the purposes of ordering NSTC tobacco products. NSTC reserves the right to amend or withdraw the Services provided to you in accordance with these Terms and Conditions, at any time and for any reason.

You will not, nor allow third parties on your behalf to:
Make and/or distribute copies of the Website;
Attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate with Website;
Create derivative words of any kind whatsoever of the Website;
Access all or any part o the Website in order to build a product or service which competes with NSTC;
Use the Website or the Services to provide services to third party retailers;
License, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Website or the Services available to any third party or
Attempt to obtain, or assist their parties in obtaining, access, to Website other than as provided under this these Terms and Conditions, and you shall use all reasonable endeavours to prevent any unauthorised access to, or sue of, the Website and, in the event of any such unauthorised access or use, promptly notify NSTC.

INTELLECTUAL PROPERTY

All content and other materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, software and other content, (including the look and feel of the Website), are protected by Canadian and international copyrights laws, and are owned, controlled or licensed by NSTC or the original creators of such materials, or their permitted licensors. Such material may be used only for using the Website and the Services in the ordinary course and subject to the restrictions and conditions set out in these Terms and Conditions. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owners is strictly prohibited.

If you visit the Website or use the Services, NSTC grants to you a non-exclusive, non-transferable right to view the content subject to the restrictions and conditions set out in these Terms and conditions. The foregoing licenses is subject to your payment of all applicable charges, is solely for use in connection with the retail of the tobacco products.

The NSTC logo is a trade mark of NSTC. This trade mark or any other trade mark (registered or unregistered) of NSTC may no be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NSTC or any other party.

AVAILIBILITY

The Website and the Services are provided on an “as is” basis. NSTC will use commercially reasonable efforts to make the Website and the Services available at all times. To the fullest extent permitted by law, NSTC does not warrant that the Website, the Services or any function contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make the Website available are free of viruses or other harmful components.

DISCLAIMER

NSTC disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, compatibility, security, accuracy or infringement. You acknowledge that the Website is provided over the internet and mobile networks and so the quality and availability of the Website may be affected by factors outside NSTC.s control.

TERMINATION

NSTC may terminate the use of the Website or the Services at any time by giving notice of termination to you. Upon any termination (i) the rights and licenses granted to you herein shall terminate and (ii) you must cease all use of the Services.

LIMITATION OF LIABILITY

In no event will NSTC be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Website for the Services, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort, (including negligence), product liability or otherwise.

You expressly understand and agree that (to the fullest extent permitted by law) NSTC or any of its affiliates, or any of our or their respective licensors, licensees, services providers or supplies shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss or profits, goodwill, use data or other intangible losses (even if we have been advised of the possibility of such damages) arising out of, or resulting from the use or the inability to use the Website or the Services.

GENERAL

These Terms and Conditions, the Privacy and Cookie Policy and the Sale Terms and Conditions constitute the entire agreement between NSTC and you with respect to your access to and use of the Website. IF any provision of these Terms and Conditions shall be unlawful, void, or for any reason, unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

NSTC is committed to protecting and respecting your privacy. The Website is intended for trade use only and therefore the personal data collected and used by NSTC for the purposes of this Website is limited. This Privacy and Cookie Policy sets out the manner in which we use any personal data that you may provide. We may change this Privacy and Cookie Policy from time to time and, if so, we will notify you when you log in to the Website for the first time after such change has been made. Please review any updated Privacy and Cookie Policy as your continued use of the Website will be governed by such new Privacy and Cookie Policy.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

Information you give us (Submitted information): You may give us information when you visit/use the Website or by corresponding with us (for example, by e-mail). This includes information you provide when you register to use the Website and when you report a problem with the Website. The information you give us may include your name, e-mail address/username, password and other registration information. If you contact us, we may keep a record of that correspondence.
Information we collect about you and your device. Each time you visit/use the Website we may collect the following information:
- [technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system; platform; the type of mobile device you use, a unique device identifier (for example, your device's IMEI number, the MAC address of the device's wireless network interface, or the mobile phone number used by the device), mobile network information, the type of mobile browser you use, time zone setting, connection to relevant network;
- information about your visit, (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- technical information, including details of your use of any of the Website [including, but not limited to, traffic data, weblogs and other communication data] and the resources that you access.]
Information we receive from other sources (Third Party Information). We are working closely with third parties (including, for example, business partners, sub-contractors in technical and delivery services) and may receive information about you from them.

COOKIES

We primarily use Google Analytics cookies to gather information regarding the use of the Website. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. The first time that you visit the Website, you will get a message explaining the use of cookies and allowing you to opt out of their use. Afterwards, you can click the “Cookie Settings” link in the footer to change your preferences. Where you accept cookies, a cookie is stored on your computer's hard drive by you and enables quick access to the website and provides us with certain information about your use of websites generally. You can also amend the settings of your Internet browser to prevent automatic acceptance of cookies.
We may also use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.

WHAT WE DO WITH THE INFORMATION WE GATHER

We require the information as set out in this policy to provide you with a better service, and in particular for the following reasons:

Internal record keeping;
We may use the information to improve our products and services;
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail;
We will never sell your information.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If NSTC sells or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
In order to:
- enforce or apply the NSTC's Website Terms and Conditions NSTC's Terms and Conditions of Sale and other agreements or to investigate potential breaches; or
- protect the rights, property or safety of NSTC's our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to NSTC Inc., 458-124 Norfolk Street North Simcoe Ontario Canada N3Y 4L1 509-428-3332; or via email at www.northshoretobacco.com