NOVEL TOBACCO PRODUCTS ASSOCIATION (NTPA) KENYA

TERMS OF USE

1. ACCEPTANCE OF TERMS

By becoming a member of the Novel Tobacco Products Association (NTPA) Kenya or using any of our services, you agree to be bound by these Terms of Use and all applicable laws and regulations of Kenya. If you do not agree to these terms, you may not become a member or use our services.

2. ABOUT NTPA KENYA

2.1 Organization Details

NTPA Kenya is a member’s society registered under the laws of Kenya (Registration No: SOCA-LLTPOWY) in December 2024, dedicated to promoting the safe use and professional trading in Novel Tobacco Products.

2.2 Mission Statement

We are dedicated to advancing the development, responsible manufacturing, and marketing of scientifically-supported novel tobacco products. We believe these products have the potential to offer adult consumers a less harmful alternative to traditional cigarettes, while promoting public health and harm reduction.

2.3 Core Values

Transparency: Open communication and information sharing with all stakeholders
Integrity: Highest ethical standards and responsible business practices
Scientific Rigor: Advocacy based on sound science and research

3. MEMBERSHIP CATEGORIES AND OBLIGATIONS

3.1 Membership Categories

Manufacturers – Companies that produce novel tobacco products
Importers – Businesses that import novel tobacco products into Kenya
Distributors/Wholesalers – Entities that distribute products to retailers
Retail Outlets – Hotels, Clubs, Bars, and other retail traders
Handlers (Servers) – Individual service providers in the industry

3.2 General Member Obligations

All members must:

Comply with all applicable Kenyan laws and regulations
Maintain the highest ethical standards in business practices
Support the Association’s mission of responsible innovation
Pay all applicable fees on time
Participate in good faith in Association activities
Maintain current business licenses and permits
Attend mandatory Association meetings and training sessions

3.3 Specific Category Obligations

Manufacturers:

Ensure product quality and safety standards
Maintain proper manufacturing licenses
Provide accurate product information and labeling
Comply with good manufacturing practices

Importers:

Maintain valid import licenses
Ensure imported products meet Kenyan standards
Provide accurate customs declarations
Comply with taxation requirements

Retailers:

Verify customer age (18+ years) before sales
Display proper health warnings and product information
Maintain clean and appropriate retail environments
Comply with local licensing requirements

4. CODE OF CONDUCT

4.1 Mandatory Practices

Members must:

Operate with transparency and integrity in all business dealings
Base business practices on scientific rigor and evidence
Promote harm reduction principles
Protect minors from accessing novel tobacco products
Comply with all advertising and marketing restrictions
Maintain proper licensing and certifications
Report any safety concerns immediately to the Association

4.2 Professional Standards

Maintain professional competence in their field
Participate in continuing education programs
Uphold industry best practices
Collaborate constructively with other members
Respect intellectual property rights

5. PROHIBITED ACTIVITIES

5.1 Strictly Prohibited

Members shall NOT:

Market, sell, or provide products to minors under 18 years of age
Make unsubstantiated health claims about products
Engage in deceptive or misleading advertising
Violate any Kenyan tobacco control laws or regulations
Engage in activities that harm the Association’s reputation
Share confidential Association information without written authorization
Use Association membership for illegal activities
Misrepresent Association positions or policies

5.2 Marketing Restrictions

No advertising in media primarily accessed by minors
No sponsorship of youth-oriented events
No use of celebrity endorsements that appeal to minors
No claims that products are “safe” or “harmless”
All marketing must include appropriate health warnings

6. INTELLECTUAL PROPERTY

6.1 Association Property

All Association materials, including but not limited to:

Educational content and training materials
Logos, trademarks, and branding
Research reports and documentation
Member directories and contact information
Internal communications and meeting materials

These remain the exclusive intellectual property of NTPA Kenya and may not be used, reproduced, or distributed without written permission.

6.2 Member Contributions

Members retain ownership of their intellectual property but grant NTPA Kenya a non-exclusive license to use member-contributed materials for Association purposes.

7. TERMINATION OF MEMBERSHIP

7.1 Grounds for Termination

The Association reserves the right to terminate membership for:

Violation of these Terms of Use
Non-payment of fees after 30 days’ notice
Engagement in illegal activities
Conduct detrimental to the Association’s mission or reputation
Failure to maintain required licenses or permits
Repeated violations of the code of conduct
Providing false information during membership application

7.2 Termination Process

Written notice of intended termination
Opportunity for member response (14 days)
Final decision by the Association’s governing body
No refund of fees upon termination

8. LIMITATION OF LIABILITY

8.1 Association Liability

NTPA Kenya shall not be liable for:

Any indirect, incidental, special, or consequential damages
Business losses resulting from membership or Association activities
Actions or omissions of other members
Changes in government regulations or policies
Force majeure events

8.2 Maximum Liability

The Association’s total liability shall not exceed the annual membership fees paid by the affected member.

9. INDEMNIFICATION

Members agree to indemnify and hold harmless NTPA Kenya, its officers, and employees from any claims, damages, or expenses arising from the member’s violation of these Terms of Use or applicable laws.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law

These Terms of Use are governed by the laws of Kenya.

10.2 Dispute Resolution

Internal grievance procedures first
Mediation through agreed mediator
Final resolution through Kenyan courts
All proceedings conducted in English

11. AMENDMENTS

11.1 Right to Amend

NTPA Kenya reserves the right to modify these Terms of Use at any time with 30 days’ written notice to members.

11.2 Acceptance of Amendments

Continued membership after notice period constitutes acceptance of amended terms.

12. SEVERABILITY

If any provision of these Terms of Use is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. CONTACT INFORMATION

Novel Tobacco Products Association (NTPA) Kenya
Physical Address: 1st Floor, Fort Granite Apartment A2, Block A
P.O. Box 43124-00100, Nairobi, Kenya
Email: info@noveltobacco.co.ke
Membership Email: membership@noveltobacco.co.ke
Phone: 0704 19 65 60
Landline: 020 4400025

By becoming a member of NTPA Kenya, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.