Terms and Conditions

IF YOU ARE UNDER 19 YEARS OLD OR NOT OF LEGAL AGE TO PURCHASE TOBACCO OR VAPING PRODUCTS IN YOUR PROVINCE OF RESIDENCE, YOU ARE NOT PERMITTED TO USE THIS ONLINE PUBLICATION (THE “WEBSITE”). BEING ON THIS WEBSITE IS A REPRESENTATION FROM YOU THAT YOU ARE AT LEAST 19 YEARS OLD AND ARE OF LEGAL AGE TO PURCHASE TOBACCO OR VAPING PRODUCTS IN YOUR PROVINCE OF RESIDENCE. THE PRODUCTS DEPICTED ON THIS WEBSITE CONTAIN TOBACCO OR ARE INTENDED TO BE USED WITH NICOTINE DERIVED FROM TOBACCO. NICOTINE IS HIGHLY ADDICTIVE.

Welcome to the online publications available at nordicspirit.ca; exportacigarettes.ca; macdonaldcigarettes.ca; liggettducatcigarettes.ca; camelcigarettes.ca; winstoncigarettes.ca; americanspiritcigarettes.ca websites (collectively, the “Website”), operated by JTI-Macdonald Corp. (“we”, “us” or “JTI”) for the purpose of providing information about us and our products and on behalf of JTI Canada Tech Inc. (collectively, the “Companies”) and its products (individually, a “User”, “you”, and collectively, the “Users”). Any person who wants to use the Website must accept these terms and conditions of use (“Terms of Use”) and confirm that they are at least 19 years old and are of legal age to purchase tobacco and vaping products in their province of residence. For clarity, the term “User” is therefore limited to adults aged 19 or above and are of legal age to purchase tobacco vaping products as per provincial tobacco and vaping legislation. Please read the Terms of Use carefully.

BY ACCESSING OR USING THE WEBSITE, USER ACKNOWLEDGES HAVING READ AND ACCEPTED THESE TERMS OF USE. IF USER DOES NOT AGREE WITH ALL OF THESE TERMS OF USE, USER MUST NOT ACCESS OR USE THE WEBSITE.

We reserve the right to change these Terms of Use at any time. Any such changes will be effective upon posting of a new or modified version of the Terms of Use on our Website. User’s access and use of the Website will be subject to the then current version of the Terms of Use or any other policy or guideline posted or referenced on the Website at the time of such access and/or use. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE USER’S ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.

1. AGE CONFIRMATION AND VERIFICATION

Prior to accessing the Website, you will be asked to confirm and verify that you are at least 19 years old and are of legal age to purchase tobacco or vaping products in your province of residence. If you are under 19 years old or are not of legal age in your province of residence, you will not be given permission to access or use the Website. You may also be asked to provide Personal Information (as defined in the Privacy Policy) to allow us to verify your age.

2. USER ACCOUNTS

You are required to register a user account with the Website and complete our age verification process in order to access product information and receive other information, certain features on the Website. We may cancel or suspend at any time your user account at our sole discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using a user account to access and use the Website. However, we may at any time require proof of the identity of any person seeking to access and use the Website, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your user account and any and all use and misuse. You agree to notify us immediately of any unauthorized use of your account and if your user name or password has been compromised. The Companies do not assume any responsibility, nor will the Companies be liable, for any damages arising from or related to your failure to keep your user account secure.

3. PRODUCTS, CONTENT AND SPECIFICATIONS

Statements and information on the Website about products are provided for information purposes only and do not constitute representations, warranties or conditions, express or implied, statutory or otherwise concerning such products or services.

All features, content, specifications, products and prices of products described or depicted on the Website, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Furthermore, all product recommendations are for convenience and informational purposes only. The inclusion of any products on the Website at a particular time does not imply or warrant that these products will be available at any time.

4. OWNERSHIP AND COPYRIGHT OF WEBSITE CONTENT, TRADEMARKS AND DOMAIN NAMES

All materials used or displayed on the Website, including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials (collectively, “Website Content”), are either owned or used under license by the Companies or is the Companies are authorized to use or reproduce by the holder of all rights thereto and are protected by copyright, trademark or other applicable laws. You are hereby authorized to display the Website Content on your computer in a web browser as part of the expected and ordinary use of the Website. You may not copy or use the Website Content in any other manner or for any purpose. In particular, you may not

(i) modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the Website Content or underlying ownership rights or copyrights without the prior written consent of the Companies; or

(ii) remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

The Companies’ trademarks and logos and trademarks appearing on our Website are trademarks either owned or licensed to JT International SA and/or JTI-Macdonald TM Corp. (the “Trademarks”). The Website may also contain other trademarks owned or controlled by third parties (“Third Party Marks”). User’s use of and the content of the Website should not be construed as granting, by implication or otherwise, any license to use the Trademarks or Third Party Marks without the prior written consent of the owner or owners of the Trademarks and Third Party Marks.

User may not frame or utilize framing techniques to enclose any Website Content, Third Party Content, Trademarks, the Website domain names, Third Party Marks or other proprietary information without our written consent. User may not use any meta-tags or any other “hidden text” utilizing our name, the Trademarks or the Third Party Marks without our express written consent or the express written consent of the owners of the Third Party Marks, as the case may be.

5. USE OF WEBSITE

User agrees to use the Website for lawful purposes only.

User will not use the Website, or allow others to use the Website, to:

(i) download, e-mail, post, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any materials which encourage conduct that would constitute a criminal offence or civil liability, infringe others’ intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law;

(ii) e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(iii) upload, e-mail, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;

(iv) interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;

(v) use the Website for any public or commercial purposes, without the express prior written permission of the Companies;

(vi) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or

(vii) collect, use, store or disclose personal information about other Users.

User agrees not to access the Website from any territory where its access, use or content is illegal. User agrees that the Companies are not responsible for compliance with applicable foreign local laws.