Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS YOUR USE OF THIS WEBSITE IS CONDITIONAL ON YOU ACCEPTING THEM

What’s in these terms?

These terms and conditions tell you the rules for using the ITMAC Website [www.itmac.ie] and any webpage containing this domain name (the “ITMAC Website”).

ITMAC Website is a website operated by the Irish Tobacco Manufacturers’ Advisory Committee (“ITMAC”) (collectively made up of P.J. Carroll & Company Limited, JTI Ireland Limited (formerly Gallaher (Dublin) Limited) and John Player and Sons Limited.

By using the ITMAC Website you accept these terms

By using the ITMAC Website, you confirm that you accept these terms and conditions of use and that you agree to comply with them.

If you do not agree to these terms and conditions of use you must not use the ITMAC Website.

You are also responsible for ensuring that all persons who access the ITMAC Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of the ITMAC Website:

How you may use material on the ITMAC Website

ITMAC (or a member of ITMAC) is the owner or the licensee of all intellectual property rights in the ITMAC Website, and in the material published on it. You agree that all content, graphics, text, sound, images, buttons, trade marks, service marks, trade names and logos contained in the ITMAC Website (other than certain images licenced from third parties)are the property of ITMAC; all such rights are reserved.

You may only copy, download and/or bookmark any page on the ITMAC Website for you own personal non-commercial use. You must not lift or export any content from the ITMAC Website.1

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the ITMAC Website must always be acknowledged.

You must not use any part of the content on the ITMAC Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the ITMAC Website in breach of these terms of use, your right to use the ITMAC Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

ITMAC are not responsible for websites we link to

Where the ITMAC Website 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.

ITMAC will not be responsible in any way for any material that you encounter after leaving the website whether through a third party link on the ITMAC Website or otherwise. ITMAC exclude all liability that may arise with respect to third party material causing any damage or financial loss of any kind.

ITMAC have no control over the contents of those sites or resources.

Rules about linking to the ITMAC Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the ITMAC Website in any website that is not owned by you.

The ITMAC Website must not be framed on any other site, nor may you create a link to any part of the ITMAC Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on the ITMAC Website other than that set out above, please contact info@itmac.ie.

ITMAC Website

We are not responsible for viruses on the ITMAC Website and you must not introduce them to the ITMAC Website. We do not guarantee that the ITMAC Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the ITMAC Website. You should use your own virus protection software.

You must not misuse the ITMAC Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the ITMAC Website, the server on which the ITMAC Website is stored or any server, computer or database connected to the ITMAC Website. You must not attack the ITMAC Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the ITMAC Website will cease immediately.

Our responsibility for loss or damage suffered by you

ITMAC exclude all implied conditions, warranties, representations or other terms that may apply to the ITMAC Website or any content on it.

  • ITMAC 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:
    • useof, or inability to use, the ITMAC Website; or
    • use of or reliance on any content displayed on the ITMAC Website.
  • In particular, ITMAC will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, good will or reputation; or
    • any indirect or consequential loss or damage.
  • Please note that ITMAC only provide the ITMAC Website for domestic and private use. You agree not to use the ITMAC Website for any commercial or business purposes, and ITMAC have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Breach of These Terms of Use

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the ITMAC Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. We reserve the right at all times to disclose any information that we deem necessary to apply with the applicable law, regulation, legal process or governmental request.

You agree that we may, in our sole discretion and without prior notice, block your access to the ITMAC Website if we determine that you have violated these Terms of Use.

If we take any legal action against you as a result of your violation of these Terms of Use, We will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any relief granted to us. You agree that WE will not be liable to you or to any third party for termination of your access to the ITMAC Website as a result of any violation of these Terms of Use.

How ITMAC may use your personal information

We will only use your personal information as set out in our Privacy Statement.

ITMAC may make changes to these terms of use

We amend these terms and conditions of use from time to time. Every time you wish to use the ITMAC Website, please check these terms and conditions of use to ensure you understand the terms that apply at that time. [These terms were most recently updated on 15 October 2018].

ITMAC may make changes to the ITMAC Website

ITMAC may update and change the ITMAC Website from time to time for operational reasons such as repair, maintenance or improvement of the website.

ITMAC may suspend or withdraw the ITMAC Website

The ITMAC Website is made available free of charge.

ITMAC do not guarantee that the ITMAC Website, or any content on it, will always be available or be uninterrupted. ITMAC may suspend or withdraw or restrict the availability of all or any part of the ITMAC Website at any time without notice.

The ITMAC Website is only for users in Ireland

The ITMAC Website is directed to people residing in Ireland. ITMAC does not represent that content available on or through the ITMAC Website is appropriate for use or available in other locations.]3

Do not rely on information on the ITMAC Website

The content on the ITMAC Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the ITMAC Website.

Although ITMAC makes reasonable efforts to update the information on the ITMAC Website, ITAMC makes no representations, warranties or guarantees, whether express or implied, that the content on the ITMAC Website is accurate, complete or up to date.

Which country’s laws apply to these terms of use, the ITMAC Website and any disputes?

Please note that these terms of use, their subject matter and their formation, are governed by Irish law. You and we both agree that the courts of Ireland will have exclusive jurisdiction.

Feedback and Information

Any feedback you provide to ITMAC through at the ITMAC Website is not confidential. ITMAC shall be free to use such information on an unrestricted basis.

The Information contained in the ITMAC Website is subject to change without notice.