TERMS OF USE

Introduction

To make these terms and conditions of use easier to read, we use a few definitions. These terms and conditions shall be referred to as these “Terms of Use”, and this website shall be referred to as this “Site”. The terms “we”, “us” and “our” are used to refer to Osapiens Services GmbH.

This Site is operated by Osapiens Services GmbH as a track and trace support portal who have been appointed as a third party service provider by the British American Tobacco Group (British American Tobacco p.l.c. and the group of companies constituting its direct and indirect subsidiaries worldwide). Unless the context otherwise dictates, references to any benefits, warranties, indemnities and rights granted or provided to Osapiens, shall be construed as if reference to Osapiens were to include to the British American Tobacco Group.

This Site is intended to be used by the directly supplied customers of the British American Tobacco Group for the purposes of providing support with and resolutions to technical issues in relation to track and trace message errors when receiving British American Tobacco Group products into their facilities (the “Services”).

Please read these Terms of Use carefully. By accessing this Site you agree to be bound by them. If you do not agree to be bound by these Terms of Use you should not access or view this Site.

Any enquiries or complaints which you have in relation to this Site should be addressed to info@osapiens.com.

Links to external websites

This Site includes links to external websites which are subject to their own terms and conditions and privacy policies. We are not responsible for the content of these external websites and we recommend that you familiarise yourself with the terms and conditions of such sites before you submit any information about yourself. These links are provided solely for convenience to you. No endorsement of any party, products or services is expressed or implied and accordingly neither Osapiens nor any member of the British American Tobacco Group accepts any liability for the accuracy of, or otherwise in relation to, any content or the security of any activity carried out on such other websites. You acknowledge and agree that Osapiens and the British American Tobacco Group are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked websites. Your use of such websites is at your sole risk.
If you choose to access external websites using links provided on this Site, these websites may set a cookie. We not have any control over the use of such cookies and you should refer to the terms and conditions of use and cookie policy of the particular third party website for further information.

General provisions

This Site is provided to you free of charge, without any warranties or guarantees unless specifically stated. The information contained in this Site is intended for general information purposes only.
Except as expressly provided for on this Site, neither Osapiens nor any other member of the British American Tobacco Group is responsible for the content or use of any web pages or any messages sent or received by you.
All copyright, trade marks and other intellectual property rights used as part of this Site are vested in Osapiens or the British American Tobacco Group, and/or licensors. You acquire no rights in the Site other than the limited right to use the Site in accordance with these Terms of Use. You may not offer for sale or sell or distribute over any medium, any part of this Site or its content. However, you are permitted to print out or download information and content from this Site for your own use only. Other than as stated in these Terms of Use, you may not make any part of the Site available as part of another website, whether by scraping, crawling, hyperlink framing on the Internet or otherwise unless you have been authorised to do so in writing by Osapiens.
You shall not use this Site for any illegal purposes and in particular agree that you shall not send, use, copy, post or allow any posting which is defamatory or obscene or which is abusive, indecent or in breach of the privacy of any person. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages which may interfere with the operation of this Site or with the enjoyment of this Site by other visitors.
Osapiens reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Site and/or the Services and to restrict or prohibit access to the Site.
You hereby agree to indemnify Osapiens and the British American Tobacco Group against any costs, claims, losses and damages (including legal fees) incurred by or awarded against Osapiens and the British American Tobacco Group as a result of your misuse of this Site or your breach of these Terms of Use.
If you are in breach of these Terms of Use, Osapiens may suspend or block your access to this Site and refuse to provide you with any further access to it.
You will ensure that you provide sufficient and accurate information in sufficient time in order to enable us to provide the Services.
Members of the British American Tobacco Group shall have the right to enforce against you any of our rights under this agreement.
We may revise these terms and conditions from time to time by publishing a new version on the Site.

Subject to the Privacy Policy, Osapiens shall keep confidential all information, instructions and documents that are submitted by you through the web portal (“Client Submitted Information”) and we shall not use or authorise or permit the use, copy of disclosure of Client Submitted Information or any part of it except:

(i) for the purposes of provision of services to you;
(ii) disclosure to the British American Tobacco Group in relation to the Services; and
(iii) disclosure to its professional advisers, agents or representatives for the purpose of obtaining professional advice.

The obligations above shall not apply to Client Submitted Information which:

(i) is in or comes into the public domain (otherwise than in breach of these terms);
(ii) we receive from an independent third party having the right to disclose the same;
(iii) was in our possession prior to the date of receipt from Client; or
(iv) is required to be disclosed by law or by any statutory or regulatory authority.

Subject to the Privacy Policy, we may record any conversations between you and us for quality assurance purposes.
OSAPIENS PUBLISHES THIS WEBSITE “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE WEBSITE (IN SO FAR AS SUCH WARRANTIES MAY BE EXCLUDED UNDER ANY RELEVANT LAW). EXCEPT IN THE CASE OF PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE OR FOR FRAUD, TO THE EXTENT PERMITTED BY LAW, NEITHER OSAPIENS NOR ANY COMPANY IN THE BRITISH AMERICAN TOBACCO GROUP SHALL BE LIABLE FOR ANY LOSSES OR DAMAGE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER DIRECT OR INDIRECT (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT LOSS OF PROFITS, BUSINESS LOSSES AND LOSS OR CORRUPTION OF DATA), CONSEQUENTIAL, INCIDENTAL OR SPECIAL THAT MAY RESULT FROM ACCESS OR USE OF THIS WEBSITE OR PROVISION OF THE SERVICES, HOWSOEVER ARISING. YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
Osapiens is incorporated in Germany. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside Germany, you do so on your own initiative and are responsible for compliance with local laws.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall not be affected.
These Terms of Use govern our relationship with you and represent our entire agreement with you.
The Terms of Use and the content of this Site are governed by German law whose courts shall have exclusive jurisdiction.
Where these terms and conditions are not in the English language and there is any conflict or contradiction between the translated terms and conditions and the English language version, the English language version of the terms and conditions shall prevail.

TERMS OF USE

Introduction

Links to external websites

General provisions

Company information