Terms & Conditions

1. INTRODUCTION

1.1 Please read these Terms for the Website carefully, our limitation of liability in particular, before you start using the Website (as defined below).

1.2 These Website terms and conditions (“Terms”), along with the information and all the documents referred to in the Terms, govern your use of this website (“Website”). By use we mean accessing, browsing or registering in order to use our Website.

1.3 By using the Website, you acknowledge and accept these Terms. We recommend that you print a copy of these Terms or save them for future reference.

1.4 We can and will reserve the right to revise these Terms at any given time. Please check them regularly to make sure you understand the Terms that apply every time you use the Website.

1.5 If you purchase products (“Products”) via our Website, your purchase will also be governed by our terms and conditions for purchase.

1.6 If you do not agree to these Terms, please refrain from using the Website.

2. INFORMATION ABOUT US

2.1 This Website is provided by British American Tobacco Sweden AB (“BAT”), a company registered in Sweden under the company registration number 556098-6779 with the postal address Box 30244, 104 25 Stockholm, Sweden (”LYFT”, ”we”, ”our” or ”us”).

2.2 If you wish to contact us you can go to our Contact Us page or send an e-mail to info@golyft.se or write a letter to our Customer Service, British American Tobacco Sweden AB, Box 30244, 104 25 Stockholm, Sweden.

3. ACCESSING OUR WEBSITE

3.1 You agree that you will only use the Website for your own personal, non-commercial use.

3.2 We cannot guarantee that our Website or any of the content posted on it will be available at all times, or that the Website will be free from interruptions. Access to our Website is on a temporary basis. We may interrupt, withdraw, cease or amend some parts of our Website, or all of it, without prior notice. We will not be liable if, for any reason, our Website is unavailable at a certain time or for any time period.

3.3 You are responsible for having all the necessary hardware and software required to access our Website. You should use your own virus protection software. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and that they comply with them.

3.4 You agree that you will not

a) use the Website to infringe the privacy or other rights of other users of the Website or any third party,

b) use the Website in a way that may encourage or lead to any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person,

c) do anything that may cause damage to the Website or to our servers, systems or equipment or those of third parties, nor access or attempt to access data from other users. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be guilty of data hacking in accordance with section 4, paragraph 9 c of the Swedish Penal Code (sw. Brottsbalken, SFS1962:700). We will report any such breach to the relevant law enforcement authority and we will collaborate with said authority in ways necessary to prosecute offenses. This may include disclosing your identity to the authority. In the event of such a breach that is described in this clause, your right to use our Website will cease immediately,

d) do anything that subjects the Website or BAT to any derogatory treatment or brings (or might bring) the Website or BAT’s reputation into disrepute,

e) scan, collect or "crawl" the Website, its pages or Content (as defined below), or use any process or processes that send automatic requests to the Website, unless you have received a prior written consent from us,

f) abuse or do anything that interferes with all or any part of the Website, including but not limited to knowingly uploading or installing any material that contains software viruses, trojans, worms and other material that may be technically harmful, or

g) claim, suggest or in any way give the impression that you have entered into a business relationship with us, that you act on our behalf as an agent or that we have approved any contributions that you may submit to the Website.

3.5 We cannot guarantee that the Website will be safe or free from bugs or viruses.

4. OUR CONTENT

4.1 All copyright and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on this Website (“Content”) is owned by us or used with permission.

4.2 Although you may copy extracts of any parts of the Website to your own computer for personal use you may not copy or incorporate any of the Content available on our Website into any other work, including your own website, or use the Content in any other public or commercial manner. Our status (and that of any approved contributors) as authors of the Content must always be acknowledged. You may not upload or forward any part of our Website unless you have been authorized to do so by us. We have full ownership of all such Content, including any downloadable software or code, images provided or generated by the software and any data attached to it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert the software to another form.

4.3 You must not modify any notices regarding copyright, trademarks or other brands that may belong to the Content. You may link to the homepage of our Website, but you may not use our Content on your own website. You must not deep-link (i.e. link to any part of our Website other than the home page) to our Website or frame our Website on any other website without our written consent.

4.4 Unless expressly stated otherwise, all trademarks used on the Website belong to BAT or our affiliate companies.

4.5 If you print off, copy or download any part of the Content in a way that is not compliant with these Terms, your right to use the Website will cease immediately and you must then return or destroy any copies you have made of the Content, at our option.

5. PROCESSING OF PERSONAL DATA AND COOKIES

5.1 When you make a purchase or an order through the Website, we will have access to the personal information you choose to provide or that is otherwise required in order to complete your purchase or order. How we process personal data in these cases, as well as in other cases when we may be in contact with your personal data, is described in further detail in our current Privacy Policy.

5.2 Like many other online services, we use a feature called a 'cookie', which is a small data file that is sent to your browser from a web server and stored on your device's hard drive. Please see our Cookie Policy for more information on the types of cookies we use on the Website, the purpose for which we use each cookie, how you can disable the use of cookies and the consequences of doing so.

6. LIABILITY

6.1 We will not be liable for any loss or damage to any user, whether in breach of contract or tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with,

6.1.1 the use of, or inability to use the Website, or

6.1.2 the use of or reliance on any Content displayed on the Website.

6.2 If you are a business user, please note that we are not responsible for

6.2.1 any loss of profits, sales, business or loss of revenue,

6.2.2 business interruption

6.2.3 loss of anticipated savings

6.2.4 loss of business opportunity, goodwill or reputation, or

6.2.5 indirect or consequential loss or damage.

6.3 Please note that we only provide our Website for private use. You agree not to use our Website for any commercial or business purposes.

6.4 Although we make efforts to update the information on our Website, we make no guarantees, liabilities or warranties, whether express or implied, that the Content on our Website is accurate, complete or up-to-date.

6.5 We will not be liable for any loss or damage caused by a virus, a distributed denial-of-service attack or other technologically harmful data that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

6.6 Nothing in these Terms limits or excludes our liability for wrongful information provided for a fraudulent purpose, for death or personal injury arising from our negligence or that of our agents or collaborators, or any other liability that cannot be limited or excluded by law.

6.7 The Website may refer to products or services from third parties or link to other websites or information provided by third parties. We do not endorse or make warranties or representations about these products or services and accept no responsibility for content on websites we may link to on our Website. Links to other sites are provided for your convenience only. We are not responsible for any loss or damage that may arise from your use of them. You need to make your own decision as to whether to use third party products, services and websites.

6.8 The Content on our Website is provided for information purposes only. It is not intended to amount to any kind of advice on which reliance should be placed. Although we make efforts to update the information on our Website, we give no guarantees, liabilities or warranties, whether express or implied, that the Content on our Website is accurate, complete or up-to-date.

6.9 Other limits and exclusions of liability will apply to liability arising as a result of the delivery of goods to you, as stated in our Terms and Conditions for Purchase.

7. EVENTS OR CIRCUMSTANCES BEYOND OUR CONTROL

We will not be liable for any loss, damage or expense arising directly or indirectly from failure or delay in performing any of our obligations under these Terms caused by circumstances beyond our control, which include but are not limited to vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, strike, lock-out or any other labor disputes (whether or not involving our employees) or shortage of materials or fuel at the market rates existing when the order is accepted, as well as interference by the authorities.

8. OTHER IMPORTANT TERMS

8.1 Language. These Terms can be read in more than one language. However, the English version of these Terms shall prevail.

8.2 We rely on these Terms. We intend to rely on these written Terms and all documents to which they expressly refer. We and you are legally bound by these Terms.

8.3 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If a court or relevant authority decides that any of these Terms are unlawful, invalid or unenforceable, this will not affect the validity of the remaining Terms, which shall remain in full force and effect.

8.4 Even if we delay enforcing these Terms, we can still enforce them later. If we fail to insist that you perform any of your obligations under these Terms, or if we delay or do not enforce our rights against you, this does not mean that we have waived our rights against you and does not mean that you do not have to perform your obligations.

8.5 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 to this in writing.

8.6 We may transfer our agreement under these Terms to someone else. We may transfer our rights and obligations under these Terms to any company within our group, without any further consent from you.

8.7 Nobody else has any rights under these Terms. These Terms are between you and us. Except in relation to any company within our group, no other person may enforce any of these Terms.

8.8 Written communication. We will send notices and other communications to you at the email address you have provided to us. You must send all notices and other communications to us using one of the communication methods referred to in paragraph 2.3. Any notices sent by email or via the contact form shall be deemed to have been received 24 hours from the time sent by the sender. Any notices sent by first class post shall be deemed to have been received on the next working day. Any notices issued by us that appear on our Website shall be deemed to have been received the next time you use our Website, unless expressly stated otherwise.

8.9 We may revise these Terms. We may change, modify or revise these Terms at any time. All amendments made to these Terms will be applicable seven days from the date they were published by us on the Website. It is your responsibility to check that you have read and accepted the latest Terms and Conditions on the Website.

8.10 Applicable law and dispute resolution: These Terms are governed by Swedish law and disputes arising from these Terms shall at first try to be resolved through an agreement between us. If such an agreement cannot be reached, the dispute shall be settled in a Swedish General Court (sw. svensk allmän domstol). You as a consumer also have the opportunity to contact the National Board for Consumer Disputes (sw. Allmänna reklamationsnämnden) to get a dispute tried (see www.arn.se or visit Kungsholmstorg 5, Stockholm). We participate in the dispute settlement process. You may also contact the European Commission (see http://ec.europa.eu/odr).

9.RAFFLE TERMS & CONDITIONS (LYFT/LAB)

BACKGROUND

9.1. The following rules and terms and conditions (“Terms & Conditions”) are applicable to the raffle to win the work of art ”Pina Coolada”.

9.2. The raffle is organised by British American Tobacco Sweden AB, corp. ID no. 556098-6779, Box 30244, 104 25 Stockholm (”Organiser”).

There are no fees or purchase requirements associated with participation in the raffle.

9.3. In the event of contradictions between the Terms & Conditions and other information, the Terms & Conditions shall take precedence.

9.4. Participation in the raffle is achieved by registering to receive LYFT’s newsletter via www.lyftlab.se and by clicking on the registration button for the raffle, whereby the participant will be deemed to have accepted the Terms & Conditions.

THE PRIZE

9.5. The prize consists of the work of art ”Pina Coolada” created by Josefin Eklund. The prize is as specified in these Terms & Conditions. The participant cannot request cash or an alternative prize. The prize is personal and may not be transferred or assigned to another person.

9.6. The prize is dependent on availability, and the Organiser reserves the right to replace the prize, without prior notice, with another prize of equivalent value. Any tax must be paid by the winner.

CONDITIONS FOR PARTICIPATION IN THE RAFFLE

9.7. In order to participate in the raffle, the participant must be at least 18 years of age. The participant must verify his/her age in the manner specified by the Organiser, for example through verification via BankID. In order to qualify for participation in the raffle, the participant must (i) explicitly state that he/she wishes to participate in the raffle by clicking on the registration button and completing the form referred to in clause 4 above; (ii) have approved the Terms & Conditions of the raffle; (iii) provide his/her contact details, such as email address; (iv) consent to receipt of marketing from LYFT and subscribe to LYFT’s newsletter; and (v) confirm that he/she has read and accepts our privacy policy (please see clause 20 below for further information).

9.7.1 Existing subscribers to LYFT’s newsletter will have the opportunity to participate in the raffle. When the raffle is launched, existing subscribers to LYFT’s newsletter will receive a newsletter containing a registration button for the raffle. Participation in the raffle is optional for our subscribers.

9.8. Employees of the Organiser, close relatives of such employees and persons who in some other way have an association with or connection to the Organiser or companies in the same corporate group as the Organiser are prohibited from participating in the raffle.

9.9. Participation in the raffle is only permitted on one occasion per person. If a person participates on more than one occasion, he/she will be disqualified from the raffle. Participation is personal and may not be transferred or assigned to another person.

DURATION OF THE RAFFLE

9.10. Unless something to the contrary is announced by the Organiser, the raffle will continue until 9th of July 2020 (”End Date”).

HOW THE WINNER IS CHOSEN AND NOTIFIED

9.11. The winner will be chosen at random based on all registrations for participation in the raffle submitted up to and including the End Date.

9.12. The winner of the raffle will be contacted via email within two days of the End Date. If the winner cannot be contacted, or if the prize is not confirmed by the winner within 48 hours of notification having been sent to the winner by the Organiser, the Organiser reserves the right to revoke the winner’s prize and choose another winner instead.

DELIVERY OF THE PRIZE

9.13. The prize will be delivered to the winner via carrier as agreed between the Organiser and the winner.

MISCELLANEOUS

9.14. The Organiser accepts no responsibility for registrations for participation in the raffle that are incomplete, illegible, corrupt, misplaced or lost, damaged, delayed or not received by the Organiser during the duration of the raffle. The Organiser accepts no responsibility for situations in which, due to technical problems, individuals do not have access to the raffle or have not received information regarding the raffle.

9.15. The Organiser reserves the right to cancel the raffle or make changes to the raffle and the Terms & Conditions without prior notice in the event of a disaster, pandemic, war, civil or military disturbance, natural disaster or actual or anticipated violation of applicable legislation or regulations, or some other event or circumstance beyond the Organiser’s control. The Organiser will notify participants of any changes to the raffle as soon as possible.

9.16. The Organiser reserves the right to perform investigations and take any measures necessary to protect itself against fraudulent or invalid participation in the raffle. Furthermore, the Organiser reserves the right to deny participation in the raffle if, in the assessment of the Organiser, such participation fails to comply with the Terms & Conditions or is fraudulent or invalid.

9.17. The Organiser accepts no responsibility for situations in which the prize is damaged or delivery of the prize is delayed or does not reach the winner for some other reason.

9.18. Decisions by the Organiser in relation to any issues stemming from or relating to the raffle are final, and no discussions will be entered into regarding such decisions.

9.19. The raffle and the Terms & Conditions shall be interpreted and applied in accordance with Swedish law, and any disputes arising in relation to the raffle and/or the Terms & Conditions shall be finally settled by a Swedish general court of law.

9.20. The winner approves that his/her name may be published on the Organiser’s website in conjunction with participation in the raffle. All personal data concerning the winner or other participants will be processed in accordance with applicable data protection legislation, including but not limited to the General Data Protection Regulation ((EU) 2016/679). Personal data about participants obtained by the Organiser in connection with the raffle will be processed in accordance with the Organiser’s privacy policy, which is available at https://www.golyft.se/.

10. FLASH SALE TERMS & CONDITIONS (LYFT/LAB)

10.1. The discount only applies on 25 / 8-2020 from 12:00 to 26 / 8-2020 at 12:00 on Lyftlab.se and Golyft.se.

10.2. Not on LYFT products or in combination with other discounts or offers.

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