Terms and Conditions for participating in IQOS CLUB LOYALTY

Last updated: 21 April 2021

1.                   Overview of IQOS CLUB LOYALTY

1.1               IQOS CLUB LOYALTY is a status based program for our adult consumers of smoke-free products from IQOS portfolio. Through IQOS CLUB LOYALTY you can collect Status Points by taking certain Activities, and in return we offer you Benefits including access to events, a chance to get reward and special offers.

1.2               In these terms, we put some words in bold type. They carry the meanings set out in paragraph 15.

2.                   Application of Terms

2.1               These terms govern your participation in the IQOS CLUB LOYALTY program (IQOS CLUB LOYALTY). You should read these Terms carefully as they affect your legal rights and govern your relationship with Us.

2.2               If you do not agree (or cannot comply) with these terms, you are not permitted to participate in IQOS CLUB LOYALTY.

2.3               You agree to be bound by these terms by: (i) registering for IQOS CLUB LOYALTY pursuant to paragraph 4.1; (ii) registering at least one Device with below type to www.IQOS.com (if you register more than one Device, you still have only one IQOS CLUB LOYALTY membership); and (iii) by using the services and Benefits of IQOS CLUB LOYALTY.

2.4               Your acceptance of these Terms is deemed to occur in the country of your registered residence as per our IQOS database.

2.5               We reserve the right to amend these terms and the mechanics, services and Benefits of IQOS CLUB LOYALTY upon notice at any time. If we do so, you accept those changes by then using the services and Benefits of IQOS CLUB LOYALTY, or registering another Device. If you do not accept any such amendments, you may terminate your membership of IQOS CLUB LOYALTY.

2.6               You may not modify these Terms unless We expressly agree in writing.

3.                   Eligibility

3.1               Your use of IQOS CLUB LOYALTY is at our discretion and we may refuse your application for any reason. We may also terminate your right to use IQOS CLUB LOYALTY for any reason including if you breach any of these terms.

3.2               You are eligible for membership of IQOS CLUB LOYALTY only if: (i) you are an adult user of the Device (defined below) aged  18 years old or more and you are registered in our IQOS database; and (ii) your main residence is in a country where IQOS CLUB LOYALTY is available.

3.3               IQOS CLUB LOYALTY membership is open only to individuals. Legal entities, including companies, partnerships, and unincorporated associations, are not eligible for membership.

3.4               You may maintain only one membership in IQOS CLUB LOYALTY.

4.                   Registration

4.1               To register for IQOS CLUB LOYALTY you must (a) register in our database at least one eligible device as described in paragraph 4.2 below (Device); (b) indicate that you wish to be a member of IQOS CLUB LOYALTY; and (c) We must inform you whether your application is successful. For example: (i) online: you can register the Device at iqos.com and follow the workflow for IQOS CLUB LOYALTY (e.g. click on ‘I Agree’ or a similar); (ii) by telephone: you can call the customer service center at 1500975 and follow the process they will guide you through; (iii) at a participating IQOS store or (iv) in person with an IQOS Expert : follow the process that they will guide you through

4.2               You can register the following Device models and types for your membership to IQOS CLUB LOYALTY:

(a)                IQOS 2.4, IQOS 2.4+,

(b)                IQOS 3, IQOS 3 Duo,

(c)                 IQOS 3MULTI,

4.3               Registration may take place at any time provided you are an adult user of one of the above mentioned Device models. In completing the registration process, you must provide all mandatory information in an accurate and complete manner and keep this information up to date. If you do not complete the mandatory fields in the application form (such as, for example, age, smoker status, email address and/or phone number) your application will not proceed. If you provide inaccurate or incomplete information, We reserve the right to terminate your membership of IQOS CLUB LOYALTY without prior notice.

4.4               Following the registration process for IQOS CLUB LOYALTY, We will inform you whether your registration is successful. Membership of IQOS CLUB LOYALTY and the services and Benefits it provides are personal to you and may not be transferred to any third party.

4.5               IQOS CLUB LOYALTY is available only in certain countries. Your use of IQOS CLUB LOYALTY is linked to your country of residence. If you change your country of residence: (a) your membership in that country automatically expires; (b) you must inform us; and (c) and you may reapply to join IQOS CLUB LOYALTY in your new country of residence (if IQOS CLUB LOYALTY is available in that country).

4.6               Scope and type of Benefits and Activities may vary depending on the model or type of the Device You registered.

5.                   Benefits

5.1               Your membership in IQOS CLUB LOYALTY entitles you to the Benefits listed on the IQOS CLUB LOYALTY benefits page, see here , which are based on your Status Level and depend on the type or model of the Device You registered.

5.2               You may gain your entitlement to Benefits (and improve or retain your Status Level), by collecting Status Points and reaching different Status Levels. The process for earning Status Points is described in paragraph 7. The choice of Benefits for each Status Level is subject to their availability.

5.3               Only you may enjoy the Benefits associated with your Status Level, unless the specific Benefit expressly provides for other persons to use it.

5.4               Benefits must be used during the term of your Status Period, and if applicable, within the time period attached to the Benefit. If you fail to use a Benefit within its period of validity, you will lose it.

5.5               Some Benefits may be provided by our service partners (Service Partners). Benefits from Service Partners may be subject to the Service Partner’s terms. We will use reasonable efforts to ensure the availability of such Benefits, but will not be liable for any loss arising from the failure of a Service Partner to provide such Benefit except where We cause that failure. In such case, Our liability shall be limited to the value of the Benefit.

5.6               We reserve the right to: (i) discontinue relationships with Service Partners and access to such Benefits for any reason at any time; and (ii) to modify the Benefits at any time for any reason. Upon any such change, We will notify you, for example through updates on the IQOS CLUB LOYALTY website.

6.                   Status Points and Exclusive Offers

6.1               From time to time, We may provide exclusive offers for IQOS CLUB LOYALTY members. Such exclusive offers could be offered for designated Activities. Other exclusive offers such as Service Partner offers will be subject to terms published with each exclusive offer and, in the event of a conflict, take precedence over these terms.

6.2               As a member of IQOS CLUB LOYALTY you are able to earn Status points (Status Points) for activities with Us as described at dashboard loyalty. We may at Our discretion change the rules for earning Status Points upon notice at any time.

6.3               Status Points can be earned only once per activity. The number of Status Points earned per activity may depend on your Status Level.

6.4               Status Points can be earned only by you and may not be transferred to another member or any third party.

6.5               We record Status Points in your membership account. Status Points are not redeemable.

6.6               In the case of any dispute about entitlement to Status Points, We may require you to provide history of the activity for which you claim Status Points. You must provide Us with such claims within 6 months of the Activity.

6.7               Status Points may not be used with any other Status or loyalty program.

7.                   Status Level

7.1               IQOS CLUB LOYALTY has three Status levels: Silver, Gold, and Platinum (Status Level). Your Status level determines the services and Benefits that you are entitled to as a member of IQOS CLUB LOYALTY.

7.2               When you join IQOS CLUB LOYALTY you will automatically be given Silver status for your first Status Level Period.

7.3               The number of Status Points you earn in each Status Period determines your Status Level for the next Status Period. At the end of the first Status Period and every subsequent Status Period, We will review your Status Level and update it according to the number of Status Points you have accumulated in the Status Period. The number of Status Points needed for each Status Level is described here. We may at our discretion change the number of Status Points needed for each Status Level upon notice at any time.     

7.4               Status Points may be counted only once and only for one Status Period. At the end of each Status Period your count of Status Points returns to zero. Progression is from Silver to Gold, Gold to Platinum (and vice versa), depending on the number of Status Points accumulated in a Status Period.

8.                   Your Obligations

You agree:

(a)                not to misuse the IQOS CLUB LOYALTY program, including its services and Benefits;

(b)                not to obtain Status Points or Benefits by fraud;

(c)                 to treat our staff and those of our Service Partners with courtesy and respect;

(d)                to keep your membership account, including your password, secure;

(e)                not to copy or distribute any content of IQOS CLUB LOYALTY unless explicitly permitted;

(f)                  to comply with applicable law; and

(g)                to comply with these terms.

9.                   Data Privacy/Communications/Personalization

9.1               We offer you Benefits, experiences, and communications that interest you and are tailored to your interests. In order to understand your interests and give you tailored treatment (as described in paragraph  9.3 below), We collect and use information about you.

9.2               We collect information about you either directly from you, or using automated techniques. Examples of collecting information directly from you include: when you fill in forms (including information such as your date of birth, gender, town and country of residence, your preferences for the way We handle Your account); or when you interact with our IQOS Customer care, IQOS team, event staff, or retail staff. Examples of automated techniques include: following the way you interact with us, for example the way you correspond with us if you open and click through on links in communications that we send you, the items you purchase, or your use of our touchpoints (including those relating to the IQOS CLUB LOYALTY), or (where you permit it by the way you manage cookies (and similar technologies) on your devices) your use of other people’s touchpoints (for example, which pages you visit and which items you view), and combine this with information you give us directly, or which we may acquire from third parties.

9.3               The purposes for which we use the personal information we collect include:

·         to obtain a better understanding of what you would like to see from us and how we can continue to improve our services for you;

·         to personalise the service and offers you receive from us and recognise your loyalty and reward you with benefits as part of your IQOS CLUB LOYALTY experience, including invitations to events;

·         to provide you with tailored content online and optimise your experience of our touchpoints;

·         to provide you with tailored communication on other websites you visit and social media and digital platforms;

·         to share marketing material, we believe may be of interest to you, including from our third party partners;

·         to help us operate our services more efficiently; and

·         to authenticate log-ins on our platforms and detect and prevent fraud.

9.4               Where required under privacy laws:

·         we will take steps to ensure that prior to using your personal information, our legitimate interest is not overridden by your own interests or fundamental rights and freedoms; and

·         you may have rights to object to our using your personal information in this way.

9.5               To learn more, read Our Privacy Notice at https://pmiprivacy.com/en/consumer .

10.               Term and Termination

10.1           The term of your membership in IQOS CLUB LOYALTY is from the date of your acceptance of these terms and continues while any of your registered Devices is under warranty or you are an Active Member (whichever is the longer). You are an “Active Member” if, during any period of 6 months, you purchase at least one IQOS-related item, or you respond to one communication, or you use one of our touchpoints (Active Member). After the expiration of your Device warranty and if you stop being an Active Member, unless You contact Us during four weeks from the date of such inactivity and declare that You wish to remain an IQOS CLUB LOYALTY member, then your membership in IQOS CLUB LOYALTY will expire automatically within four weeks from the date of such inactivity in order to allow you the opportunity to make use of any unused exclusive and/or Benefits that you might have received during your membership period.

10.2           You may terminate your membership of IQOS CLUB LOYALTY at any time with immediate effect by notifying Us here.

10.3           We may terminate your membership with IQOS CLUB LOYALTY at any time with immediate effect if you breach these terms. We may also terminate your membership for any reason upon 30 days’ notice.

10.4           Upon termination or expiry of your membership, you are no longer entitled to receive any of the services and Benefits of IQOS CLUB LOYALTY, , and any unused exclusive offers and Benefits are cancelled automatically within the 4 week period referred to in paragraph  10.1.

11.               Warranty/Representation/Limit of Liability

11.1           As your membership of IQOS CLUB LOYALTY is free of charge, it is provided ‘As Is’ and without any warranty.

11.2           We make no representations as to any income, use, excise or other tax liability you may incur as a result of your membership of IQOS CLUB LOYALTY. We advise you to check with your accountant or tax adviser for further information, and are solely responsible for any tax liability incurred as a result of your membership of IQOS CLUB LOYALTY, redemption of exclusive offers, or receipt of Benefits.

11.3           We shall not be liable to the maximum extent permitted under applicable law whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct losses, loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your membership of IQOS CLUB LOYALTY or your use of any of the services or Benefits related to the IQOS CLUB LOYALTY. We shall not be liable for any of the losses described in this paragraph even if you have informed Us of the possibility of such losses.

11.4           Nothing in this paragraph 11 excludes any liability that cannot be excluded by applicable law.

12.               Ownership and Risk

12.1           Ownership of Status Points and Benefits remains with Us at all times and never passes to you. You have a right to use Benefits in accordance with these terms.

12.2           Risk in Benefits and exclusive offers passes to you as soon as you redeem a Benefit or make use of an offer.

13.               Non-Transferability

13.1           Other than as We may specifically notify in writing for a particular Benefit, Status Points, exclusive offers and Benefits are not redeemable for cash, refundable or exchangeable. At no time may Status Points, exclusive offers and Benefits be purchased by, sold to, bartered or otherwise transferred to any third party including any other member unless We specifically authorize it. We may cancel any Status Points, exclusive offers and Benefits dealt with in this way.

13.2           Should you attempt to sell or transfer Status Points, exclusive or Benefits contrary to these terms, that is a material breach and will automatically result in the termination of your membership.

14.               Miscellaneous

14.1           IQOS CLUB LOYALTY is currently provided free of charge but We reserve the right to charge for membership in the future.

14.2           For questions, enquiries and contact information about IQOS CLUB LOYALTY please contact our IQOS Customer Care here.

14.3           We reserve the right to suspend or discontinue the eligibility of you or any person who uses, or, in the case of suspension, is suspected of using, IQOS CLUB LOYALTY in a manner inconsistent with these terms or applicable law. In addition to suspension or discontinuance of IQOS CLUB LOYALTY eligibility, We shall have the right to take appropriate administrative or legal action (or both), as We deem necessary in Our sole discretion.

14.4           Should We fail to enforce these terms, this shall not constitute a waiver of these terms, or any of their provisions.

14.5           We determine, in our sole discretion, the accumulation of Status Points, exclusive and Benefits.

14.6           Upon the inactive of any member, any Status Points, exclusive and Benefits accumulated by that member are automatically cancelled.

14.7           We will, at our sole discretion, resolve all questions or disputes regarding eligibility for the IQOS CLUB LOYALTY, the availability of Benefits, or your compliance with these terms. Our decision shall be binding.

14.8           We are not responsible for any incorrect or inaccurate information that you may supply while participating in IQOS CLUB LOYALTY, nor for any lost or misdirected communications to or from you regarding the IQOS CLUB LOYALTY.

14.9           You are responsible for maintaining updated contact information on your IQOS CLUB LOYALTY account.

14.10        We may give notices in connection with these terms in writing (including by email) or through an announcement on our website.

14.11        These terms are subject to the laws of the place of our registered office. Any legal dispute will be subject to the exclusive jurisdiction of the city in which We have our registered office.

14.12        Any provision of these terms declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.

14.13        If there is any conflict in meaning between the English language version of these terms and any version or translation of these terms in any other language, the English language version shall prevail.

15.               Definitions

15.1           For the purpose of these terms:

Active Member

has the meaning given in paragraph 10.1.

Activity

means an activity that enables You to earn status points and/or exclusive offers

Benefits

means the benefits of IQOS CLUB LOYALTY from time to time as referenced in paragraph  5.1.

Device

means an eligible device under warranty from IQOS portfolio of smoke-free products listed in paragraph 4.2 .

IQOS CLUB LOYALTY

has the meaning given in paragraph 2.1.

Philip Morris

has the meaning given in paragraph 2.1.

Status Points

has the meaning given in paragraph  7.3.

Service Partners

has the meaning given in paragraph  5.5.

Status Level

means either Silver, Gold or Platinum

Status Period

means any calendar year from 1 January to 31 December during which you are a member of IQOS CLUB LOYALTY provided that for your first year of membership this period is extended until the end of the following calendar year.

We, Us, Our

means the member of the Philip Morris International group which presented you with these terms, and which has identified itself to you when guiding you to these terms.