Terms and conditions
These Terms of Use set out the terms of use under which you may access and use the Tobacco and Vapes Register Website and Services.
Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first sign-into the Tobacco and Vapes Register Website. If you do not agree to comply with and be bound by these Terms of Use, you must stop using the Website and any Services immediately.
We may make changes to these Terms of Use at any time. Any such changes will become binding on you upon your first use of the services after the changes have been made. You are therefore advised to check this page from time to time.
1. Definitions
- ‘Tobacco and Vape Register’ is the name of the registration website and services provided by the Scottish Government.
- ‘ScotAccount’ is the name for the individual digital identity services provided by the Scottish Government.
- ‘ScotAccount Services’ means any digital identity services provided by the Scottish Government to you, including registering for a ScotAccount, Sign On, and Verify Your Identity.
- ‘Website’ refers to the Tobacco and Vapes Register website through which you can register for a Tobacco and Vapes registration and access services.
- ‘Sign-On’ means the process by which you can register with the Scottish Government to create your ScotAccount and securely use your ScotAccount to sign into a Service Provider.
- ‘Verify Your Identity’ means the ScotAccount Service which enables you to confirm your identity to a Service Provider, using official documentation (your passport, UK driving licence or UK biometric residence permit).
- ‘Service Provider’ means any Scottish public body which provides services to the public and which has agreed to partner with the Tobacco and Vapes Register to provide access to their service’s.
2. Information about us
Tobacco and Vape Register Website and Services are provided by the Scottish Government. Our legal identity is ‘Scottish Ministers’.
3. Our obligations to you
We will provide access to the Tobacco and Vapes Register Website and Services in accordance with these Terms of Use.
We try to ensure that your use of the Tobacco and Vapes Register Website and Services is uninterrupted and that information transmitted within the website is free of errors. However, due to external factors, this cannot be guaranteed. Access to the Tobacco and Vapes Register Website and Services may also be suspended or restricted for a period to allow for repairs, maintenance or the introduction of new services or functionality from time to time. We shall try to limit the number and length of such periods as much as possible.
While we make every effort to maintain the accuracy of the information on this website, we disclaim any warranty or representation, express or implied, about accuracy, completeness or appropriateness for a particular purpose.
4. Personal data & privacy
We respect your privacy and we are committed to protecting your personal data. We provide you with information about how we collect, process and protect your personal data in our Privacy Notice. (ePass to add link in).
We will only collect personal information about you which is required in connection with the administration of your registration and the verification of your identity. In order to verify your identity we will share information about you with certain third parties and match the information you provide against data held by those third parties.
These third parties include:
- ePass
- ScotAccount
During verification of your identity, you will be assigned a unique number. If your identity is successfully verified, this number is disclosed to the Service Provider of the service you are seeking to access together with confirmation that your identity has been successfully verified.
Some of our Tobacco and Vapes Register Services are designed to let you upload, submit, store, send or, receive data. You have no obligation to provide any data. You may choose the data that you want to provide. If you choose to upload or share data, you must make sure you have the necessary rights to do so and that the content is lawful.
If you choose not to share some data this may result in us being unable to provide access to the Tobacco and Vapes Register Website and Services.
If you do not supply all of the required information and documents, or their authenticity cannot be sufficiently verified, we will not be able to sufficiently confirm your identity. If we cannot confirm your identity, we may be unable to provide you with access to the Tobacco and Vapes Register Website you require.
Where we, or a Service Provider, reasonably suspect suspicious activity in relation to the use of your registration, access to the Tobacco and Vapes Register Website or any other Service, we reserve the right to report such suspicious activity to any appropriate agency or regulatory body. Where relevant, Service Providers also reserve this right.
5. Your use of the Tobacco and Vapes Register Website
The Service Provider will require you to have a ScotAccount to be able to verify your identity and allow you to sign into the register.
Once your ScotAccount has been created you will be able to sign in to your account using the applicable authentication process. On verification, and upon registration you will have the option to manage information about yourself and to use Tobacco and Vape Register Website.
You assert that all information and documents you submit to us are accurate and authentic to the best of your knowledge.
If the ScotAccount registration process results in no confirmation and/or no verification, your application will be rejected and Tobacco and Vapes Register Website and Services will not be made available to you.
We have the sole authority and discretion to reject your application for both ScotAccount and Tobacco and Vapes Register and its associated Services if your application shows a significant risk of fraudulent information or activities.
It is important that you use your ScotAccount/Tobacco and Vapes Register Website securely to prevent our services from being used improperly.
By agreeing to these Terms of Use, you agree to:
- keep your account details secure
- not divulge your password or login details to any third parties
- sign out of any shared computer after you are finished using Tobacco and Vape Register Website
- use your account for personal use only – your account is not transferable
Improper use of Tobacco and Vape Register Website and Services, including attempted fraudulent use, will lead to your account being disabled or revoked.
If you think your Tobacco and Vapes Register account has been compromised and someone has accessed your account, you can report this to [email protected] and ask them to investigate.
6. Limitations of use
You may use the Tobacco and Vape Register Website for lawful purposes only. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be damaged or interrupted in any way.
You must not use the Website for any of these reasons:
- to transmit any material that is unlawful, harassing, libellous, defamatory, racially offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
- to collect any data or attempt to decipher any transmissions to or from the servers running Tobacco and Vape Register
- in a way that could damage, disable, overburden, impair or compromise our systems or security
- in a way that interferes with other users
- in any unlawful or fraudulent manner or for any unlawful or fraudulent purpose
- in a manner that is improper use or inconsistent with these terms and conditions
- to gain or attempt to gain unauthorised access to the Tobacco and Vapes Register platform, the server on which the platform is stored or any server, computer or database connected to the Tobacco and Vapes Register platform, by hacking or other means
- to transmit, send or upload any data that contains viruses, Trojan horses, worms, spyware or any other harmful programs designed to adversely affect the operation of computer software or hardware
- in connection with any kind of denial of service attack or for any malicious purpose
- with someone else’s registered details, unless you have the authority to do so from them
7. Our liability to you
We exclude all liability arising from or in relation to your use of Tobacco and Vapes Register in so far as permitted by law. In no circumstances shall our liability under or in relation to the Terms of Use exceed ONE HUNDRED POUNDS (£100) STERLING.
Despite the foregoing, we are not attempting to exclude or limit any liability that we cannot limit or exclude under Scots law including (without limitation) liability for death or personal injury arising from our negligence, fraud or breach of statutory duty.
We have no liability for any third-party service that you may access using Tobacco and Vapes Register, including those provided by any Service Provider.
8. Indemnity
You agree to indemnify us against all claims, damages and expenses arising out of any breach of these online terms, and any other liability arising out of your use of this website.
9. Cancellation - account deactivation and deletion
You can de-activate your Tobacco and Vapes Registration at any time by signing into your registration and making the appropriate changes.
We reserve the right to suspend or delete your Tobacco and Vapes Registration if:
- you materially or repeatedly breach these terms and conditions;
- there is reason to believe or suspect that any information, verification and/or validation provided is no longer correct, or has been faulty, false or fraudulent;
- we are required to do so in compliance with a legal requirement or a court order;
- we reasonably believe that your conduct causes harm or liability to us, another user or third party — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content;
If you believe your account has been suspended or deleted in error, you can contact [email protected].
We may take action to enforce these terms and conditions and take other action as appropriate where we have suffered loss. We have the right to refer any fraudulent or otherwise illegal activity, as well as any activities which reasonably raise suspicion of any such illegal activity, to the relevant authorities.
We may at our discretion amend the Tobacco and Vapes Register Website and Services at any time without liability to you. We will endeavour to give you as much notice as we can, however this may not always be possible.
In the event that your Tobacco and Vapes Register Account is de-activated for any reason, we shall de-activate your registration and all personal data except if, and to the extent that, we are required to keep relevant records for compliance purposes in accordance with applicable law and our Privacy Policy.
10. General
The Terms of Use are governed by Scots law and the Scottish Courts shall have non-exclusive jurisdiction.
11. Additional information
The applicant
Any applications for registration must be made by the person legally responsible for the business.
If an application is completed on behalf of a partnership, they must be a partner in the said partnership. If it is completed on behalf of a company, they must be the company secretary, a director of the company or an officer of the company specifically authorised to make this application.
Accuracy of information
The information provided in any online application form must be truthful, accurate and complete. An application may be rejected if it is incomplete, misleading or untruthful and any accompanying fee may not be refunded.