privacy policy

ZYN Website Terms and Conditions of Use


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms and Conditions of Use are a legal agreement between you (“you”) and Philip Morris South Africa (Pty) Ltd (“PMSA”, “we” or “us”) and govern your use of www.zyn.com (the “Site”) and the sale by PMSA to you of products (as that term is hereinafter defined) through the Site (if applicable).

In order to use the Site, you must accept these Terms and Conditions of Use without change. By accessing this Site, you are indicating your acknowledgment and acceptance of these Terms and Conditions of Use and all related policies and guidelines of this Site.

These Terms and Conditions of Use or any other policies or guidelines governing the Site will be posted on the Site and are subject to change by PMSA at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms and Conditions of Use posted on the Site at the time of such use. Your continued use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms and Conditions of Use regularly. If you do not agree to any changes to these Terms and Conditions of Use, please immediately discontinue your use of the Site.

Registration Obligation

In order to use the Site, you must be 18 years or older and a user of tobacco or nicotine containing products in this country, or older. If you use the Site, you agree to: (i) provide true, current and complete information about yourself in the manner provided for on the Site or otherwise as required by us; and (ii) maintain and promptly update the information about yourself to keep it true, current and complete in the manner provided for on the Site or otherwise as required by us. If PMSA believes the information that you provide is not correct, current, or complete, PMSA may, in its sole discretion, refuse you access to this Site, and terminate or suspend your access at any time.

Restrictions Of Use

You may use this Site for purposes expressly permitted by this Site, namely to use ZYN nicotine pouches or related products (the “Products”) and receive ongoing support from PMSA on safe use of these products. You may not use this Site for any other purpose without PMSA's express prior written consent.

Further, you are only permitted to use the Site for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from the Site for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:

  1. take any action that imposes or may impose (to be determined in PMSA's sole discretion) an unreasonable or disproportionately large load on PMSA's infrastructure;
  2. interfere or attempt to interfere with the proper working of the Site, or any activities conducted thereon;
  3. bypass any measures PMSA may use to prevent or restrict access.

Proprietary Information

(a) The Site and all information made available through the Site contain text, graphics, photos, logos, icons and other materials, (collectively, “Content”) furnished by PMSA and/or its affiliates. The Content is protected under copyright, trademark, and the laws of South Africa and other nations. All Content, including the collection, arrangement, and assembly of such content, is the exclusive property of PMSA and its licensors. You may not copy, sell, license, transfer, publish, reproduce, distribute, modify, display, distribute in any way, prepare derivative works based on, re-post or otherwise use any of the Content in any way for any public or commercial purpose without the prior written consent of PMSA.

(b) trademarks and logos appearing in this Site are the property of PMSA or the party that provided the trade marks and logos to PMSA. PMSA and any party that provided trademarks, and logos to PMSA retain all rights with respect to their respective trademarks and logos appearing in this Site.

Nothing contained in this Site should be construed as granting any license or right to use any Content (including, for greater certainty, any trademark or logo) displayed on this Site.

User Names and Passwords

If the Site or any part thereof may be accessed only by use of a login name and password, you are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized PMSA representative.

All user accounts accessed by a login name and password remain the property of PMSA, and may be cancelled or suspended at any time by PMSA without any notice or liability to you or any other person.

You must immediately notify PMSA of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Outbound Linking

Any link, (including hyperlinks, buttons or referral devices of any kind) used on the Site is provided for your convenience only, and you access any link at your own risk. The appearance of a link on the Site does not constitute an endorsement, recommendation or certification by PMSA, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with PMSA.

Inbound Linking

You may not (and may not authorize any other party to) (i) co brand this Site; (ii) frame this Site; or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of PMSA. For the purposes of these Terms and Conditions of Use, “co branding” means to display a name, logo, designs, slogans or marks or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site or which may confuse a user as the nature of the relationship between any party and PMSA. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from PMSA and at all times you will cooperate with PMSA following PMSA's discovery of such activity.

Use of any of the Site's or PMSA's content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner is strictly prohibited.

Limitations

You agree to assume all risks associated with, arising out of, or resulting you're your use of the site and the content. You expressly understand and agree that in no event shall PMSA, its affiliates, subsidiaries, service providers, agents and advisors and each of their respective officers, directors, shareholders, employees, representatives, successors and assigns (collectively the PMSA released parties) be liable to you, and you hereby agree to release the PMSA released parties, for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for profits, loss of income, revenues, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses (even if PMSA has been advised of the possibility of such damages) whether in tort, negligence, statute, contract, common law, equity, strict liability or otherwise) resulting from:

  1. Your use or the inability to use or obtain the site, the content or any site to which you hyperlink form the site;
  2. Any third party claims that the content violates any intellectual property or privacy right; or
  3. Any failure or performance of the site and the content, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure

Indemnity

You will indemnify and hold each of the PMSA Released Parties harmless from and against any claims, losses, judgements, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Site or the Content, relating to these Terms and Conditions of Use (including any breach by you thereof) or from information that you post to, submit or transmit through the Site.

Disclaimer of Warranties

(a) You understand that PMSA cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, malware, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. PMSA does not assume any responsibility or risk for your use of the internet.

(b) Your use of the site is at your own risk. Everything on the site and related to the use of its features and services, including the content, is provided “as is” and “as available” without warranty or condition of any kind, either express or implied. PMSA expressly disclaims all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement, to the fullest extent permissable under applicable law. PMSA will not be responsible for your inability to execute a transaction or obtain goods related to any such transaction, for whatever reason.

(c) For greater clarity, PMSA does not warrant that (I) the functions or content contained in this site will be uninterrupted, reliable, accurate, complete, valid, timely, secure, truthful, error-free or will meet your requirements in any way; (II) that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. PMSA does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. PMSA may make changes or improvements at any time. You, and not PMSA, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this site or its content. PMSA makes no warranties that your use of the content will not infringe the rights of others and assume no liability or responsibility for errors or omissions in such content. Any content downloaded or otherwise obtained through your use of the site is used by you at your own risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of such material. PMSA does not warrant that the content, the site, its servers or email sent from the site are free from viruses or other harmful components.

Privacy Policy

PMSA will treat any personal information that you submit through this Site in accordance with its Privacy Policy. PMSA's Privacy Policy is available on the Site and it describes PMSA's privacy policies and practices in detail, as such the policy, may be amended from time to time by PMSA. PMSA advises you to check the Privacy Policy on a frequent basis for changes. You hereby consent to the use of your personal information by PMSA in accordance with the terms and for the limited purposes set forth in the Privacy Policy. By agreeing to these Terms and Conditions of Use, you acknowledge and agree that certain information about you is subject to PMSA's Privacy Policy.

Age

You must be 18 years or over (legal age) and a current user of tobacco or nicotine containing products to purchase Products. By submitting an order for Products, you represent that you are of legal age and you are not purchasing Products for any other person.

When you pick up Products from a PMSA retail sales location, you must be able to present proof that you are legal smoking age and that you are the person purchasing these products. Acceptable proof includes a valid driver's license, passport, identification Card or Identification Book.

Please note that PMSA reserves the right to limit, or to request any of its trade partners to limit, the number of Products an adult user may purchase within a specific timeframe.

Errors

PMSA attempts to ensure that the information on the Site is accurate. However, no warranty of accuracy or completeness is expressed or implied. PMSA expressly reserves the right to correct errors and to change or update information on the Site at any time without notice. If a Product offered on the Site is not as described, your only remedy is to return it for a refund.

Governing Law

These Terms and Conditions of Use and each purchase of Products through the Site are governed by, and shall be construed in accordance with, the laws of the Republic of South Africa.

Force Majeure

PMSA shall not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.

Discontinuance

PMSA may discontinue or suspend, temporarily or permanently, any presently available Products at any time without prior notice.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between you and PMSA relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), of the parties regarding such subject matter.

Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Severability

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

No Waiver

PMSA will not be considered to have waived any of its rights or remedies described in these Terms and Conditions of Use unless the waiver is in writing and signed by PMSA. No delay or omission by PMSA in exercising its 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. PMSA's failure to enforce the strict performance of any provision of these Terms and Conditions of Use will not constitute a waiver of PMSA's right to subsequently enforce such provision or any other provisions of these Terms and Conditions of Use.

Good Conversion Practices For PMI’s Smoke-free Products

PMI offers a variety of quality, scientifically substantiated smoke-free products that are much better choices than continued smoking. Our vision is that our smoke-free products will one day replace cigarettes.

  • Cigarette smoking causes serious diseases and is addictive. Without question, the best decision any smoker can make is to quit tobacco and nicotine use altogether.
  • PMI’s smoke-free products are for adults who would otherwise continue to smoke or use other nicotine products.
  • We do not offer PMI’s smoke-free products to people who have never used tobacco or nicotine products or who have quit using tobacco and nicotine products. PMI’s smoke-free products are not alternatives to quitting and are not designed as cessation aids.
  • PMI’s smoke-free products are not risk free and contain nicotine, which is addictive. Switching to smoke-free product is, however, a better choice than continuing to smoke.
  • We support our adult smoke-free product users in their journey to full conversion through education and guidance. 
  • For consumers to experience the benefits of smoke-free products, they must switch completely and abandon smoking permanently. 
  • We inform consumers of all relevant safety information about PMI’s smoke-free products.

SAFETY WARNINGS & INSTRUCTIONS

PLEASE READ ALL SAFETY WARNINGS AND INSTRUCTIONS BEFORE USE TO AVOID INJURY.

These safety warnings and instructions cannot cover all possible conditions that could occur and users should exercise care and caution.

Intended Users

  • Nicotine pouches are for adult use only.
  • Nicotine pouches are for adults who would otherwise continue to use tobacco or nicotine-containing products.
  • Children and adolescents should never use nicotine pouches under any circumstances.
  • Nicotine pouches should not be used by persons with reduced physical, sensory or mental capabilities or lack of knowledge, unless they have been given supervision or instruction to use the product in a safe way and understand the hazards involved.

Nicotine

  • Nicotine pouches contain nicotine, which is addictive.
  • Nicotine pouches are not risk-free. The best way to reduce nicotine-related health risks is to quit nicotine use altogether.
  • Some users may experience (in alphabetical order) abdominal pain, chest pain, cough, dizziness, dry mouth, dry throat, gingivitis, headache, malaise, nasal stuffiness, nausea, mouth irritation, palpitations, throat irritation, and vomiting.
  • Nicotine-containing products should not be used by people who have or are at risk of heart disease, are diabetic, are epileptic or are experiencing seizures.
  • Nicotine-containing products should not be used during pregnancy or while breast-feeding. If you are pregnant, breast-feeding, or think you may be pregnant you should quit nicotine use altogether.
  • Using nicotine pouches or, in some cases, stopping use of nicotine pouches (or other nicotine-containing products) may require the adjustment of the dosing of certain medications (e.g. theophylline, clozapine, ropinarole). If you have questions about whether you should use nicotine pouches given an existing health condition, you should consult a health care professional.


  IMPORTANT SAFETY INFORMATION


  Choking and ingestion hazard
  • Keep nicotine pouches out of reach of children at all times. If nicotine pouch is used or swallowed by a child, seek medical attention immediately.
  • Nicotine pouches may present a choking hazard if accidentally swallowed.
  • If a nicotine pouch is swallowed by an adult, seek medical attention if needed.


  Irritation Risk
  • Do not chew nicotine pouches and exercise caution during use to prevent damage to nicotine pouches. Stop using nicotine pouches and seek medical attention as needed should you experience discomfort or irritation, such as mouth ulcers.
  • After handling nicotine pouches, wash hands before touching eyes. In case of contact with eyes, rinse immediately with water and seek medical attention if needed.


   Allergic Reaction Risk
  • Using nicotine pouches could cause an allergic reaction, such as swelling of the face, lips, tongue, gums, throat, or body, difficulty breathing, or wheezing.
  • Stop using nicotine pouches and seek medical attention immediately if you experience any of the symptoms above as they may indicate a serious allergic reaction.

Use and Storage

  • Only use one pouch at a time.
  • Nicotine pouches are single use only and should never be re-used.
  • Nicotine pouches are intended for oral use only. Only use as directed and discard after use.
  • Do not modify nicotine pouches in any way or add any substance to a nicotine pouch. Doing so may cause injury.
  • Do not use nicotine pouches where the use is prohibited.
  • Do not store nicotine pouches in excessive temperatures or humidity, or outside of the can
  • Keep the can closed when not in use. Use nicotine pouches promptly once removed from the can.
  • Do not use nicotine pouches if they appear to be damaged, tampered with, or broken, and stop using if pouch becomes damaged during use.
  • Store and dispose of nicotine pouches in a place not accessible to children.
  • Dispose of nicotine pouches and can in accordance with local regulations.

Reporting of Adverse Events or Incidents

  • If you experience any unwanted health effect when using a nicotine pouch, consult a health care professional.
  • You can report any adverse event or incident directly by contacting your local Call Center at 0800 0433 87. By reporting side effects, you can help provide more information on the safety of this product.
  • For more information, please go to ZYN.com

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