TERMS AND CONDITIONS OF REGISTRATION TO THE ADULT CONSUMER DATABASE

1. Our company.

These terms (hereinafter referred to generally as the ‘Terms and Conditions’) govern your relationship with the Company , (hereinafter ‘the Company’ or ‘We/Us’) with regard to the services and procedures referred to herein. These Terms and Conditions, together with PMI Group’s General Privacy Terms , constitute a set of terms and conditions that are implemented and apply to our relationship as far as all matters regulated hereunder are concerned (hereinafter referred to in their entirety as the ‘Terms of Use’). The Terms of Use may also be supplemented as necessary by the more specific terms of our website and/or any of our Company programs in which you choose to participate, where applicable and when available.

2. Who, in general, are our services and programs intended for?

In general, all the abilities, services, programs and procedures referred to herein and provided by the Company are addressed exclusively to persons who cumulatively meet the following conditions:

i) they are natural persons, over 18 years old (the age required prior to any contact with our Company and its products);
ii) they are smokers and/or users of other tobacco products, new tobacco products, e-cigarettes or nicotine products in general, or related products;
iii) they reside or are staying in Malta; and
iv) have legal capacity to enter into these Terms (hereinafter referred to as "you" or the "User" or "the Consumer").

3. What is the scope of the present Terms of Use?

Your registration as an adult consumer in our Company’s Adult Consumer Database (hereinafter our “Database" or "Adult Consumer Database”) as detailed below are governed by these Terms of Use. The Company invites you to read these Terms of Use carefully when you register in our Database. The Company reasonably considers that you are aware of the Terms when you accept them for the purpose of registering in our Database.

3.1. General description of registration in the Database
3.1.1. a) The Company produces, represents and distributes through its business partners on the Maltese market, among other things, new tobacco products that do not involve combustion (smokeless), electronic cigarettes, other nicotine related products (electronic devices and consumables) and other relevant products as well as additives and accessories (hereinafter referred to as the ‘Product’ or the ‘Products’).
b) When you show interest in being informed about our Products or when you purchase a Product in an IQOS physical store, or in a physical storebelonging to third parties affiliated with the Company that carry the Products, or when you participate in other Company Programs related to the purchase of Products, you can register in the Adult Consumer Database so you can receive the service, communications and privileges provided by the Company and participate in the Company’s special Programs, if you wish to do so (all the above, provided that you also meet the criteria of article 2 above as well as other criteria specified each time and on a case-by-case basis). More detailed information on the benefits of registering in Database can be found in Article 3.2.1 below.
3.1.2. You may register in the Database in one of the following ways:

i) You may register through a partner (depending on the point of sale that you visit and/or the Product that you purchase):

at an IQOS store or other sellers of our Products;
Registration through a third-party associate of the Company (in person or remotely), should such a process exist;
Registration through a call center or on the recommendation of an associate tobacco product retailer, should such a process exist;
in other points of sale that may be appointed by our Company.

ii) Registration by the User during your navigation on our IQOS https://www.iqos.com/mt/en/home.html, hereinafter collectively referred to as the “Website”)

3.1.3. To register in the Database you must meet the requirement of Article 2 above. It is expressly noted that our Company verifies your legal age in person either a) in a physical store while you register in our Database or b) through our Website. Hence in case b), our Company relies in principle on your SOLEMN DECLARATION that you are an adult as well as third party technologies performing age verification on our behalf and on you meeting the other criteria of Article 2 for your registration in our Database and the communication with you (if you give consent thereto). Full use of the possibilities offered by registering in the Database, including your participation in individual Company programs ( under their distinct terms, presupposes (and is subject to) confirmation of your age by the Company and/or its associates under whichever procedure if applicable from time to time.

3.2.1 Why should I register with the Company’s Database (subject to meeting the relevant requirements on a case-by-case basis)?

So that you can be identified as an adult Consumer who meets the criteria of Article 2 above (after your age has been verified through the means adopted by the Company from time to time and you have solemnly declared that you are an adult) by our shop salespersons, after-sales service partners and the programs of the Company in which you wish to participate and which require the prior confirmation of your identity and the verification of your age.
So that you can receive the commercial warranty corresponding to the Product you have purchased throughout the warranty period, without needing to provide proof of purchase (in the event that such commercial warranty is provided and you register your device, subject to the applicable terms.)
So that you can take advantage of the ‘On Boarding’ Customer Service Consultant Program’, provided you meet the requirements of Article 6.2. below;
So that we can provide you with general after-sales customer care services, when you contact us (e.g. in stores, at the call centre, via the Website, or by any other means from you to us, on your own initiative).
So that you can subscribe to individual programs offered by the Company if you wish to participate in them (and meet their individual requirements), where applicable and when available.

More details regarding points 2-4 above can be found in paragraph 6 of these Terms of Use. You can find further details for the programs provided by the Company in their relevant terms.

3.2.2. It is expressly noted that in order to undertake Product and Care information communications with you, you will be asked to give separate free consent to receive such communications (which you can grant or revoke at any time individually). Any other communications we may initiate with you in this context are exclusively for emergency or force majeure purposes only (for example, security reasons, identity checks, change of person for the purpose of device registration, changes to these Terms or other terms in programs you have registered for, etc.), operational/procedural purposes or for the performance of a contract or terms of the company's programs and/or in the context of after-sales services provided at your request (e.g. in the context of service warranties, etc.) and do not constitute (nor do they intend to constitute) any form of commercial communication.

3.3. What do I need to do to ensure my registration is correct?

When you register with the Database in any way, you must:

3.3.1. Declare accurate and correct information, keep such information accurate and up-to-date throughout your relationship with us, and refrain from any culpable alteration or modification thereof or provision of non-updated or untrue information, as well as sincerely and solemnly declare that you are an adult, must complete the established age verification process that confirms you are an adult and must complete the registration process by using the One Time Password that you will receive on your email inbox. Alternatively by clicking the link on the email verification link that triggers the double opt-in on to complete your registration.
Without this verification process, your registration process shall not be completed. In particular, if you provide your details for your registration to any of our partners you should confirm with them that your information is entered correctly.
3.3.2. In case of any subsequent changes in any details or of loss of access to the email inbox you have registered or its transfer to another adult smoker, you must notify the Company at contact.mt@iqos.com or at the Website using the My profile page or directly by telephone on +356 21444494 (charges depend on telecommunications providers).
3.3.3. a). The requested data which are mandatory for your registration are those necessary, relevant and appropriate in order for the Company to be able to identify you whenever required by its procedures in the context of compliance with its legal obligations to ensure that you are over 18 years old. More information on the processing of your data can be found in the PMI Group General Data Privacy and Protection Terms and Conditions which may be found here: Homepage .
b) The data you declare uniquely identify you with the Company and indicate the means and the points of sale of the Products as well as the programs of the Company. The Company is not responsible for any action or any error or problem created due to the submission of incorrect, inaccurate or untrue data or in the case of incorrect or untimely notification of the above.
3.3.4. You may only have one Account in our Database. Any attempt to have duplicate accounts, to register twice or to register a person using altered/false information/other accounts (same name, surname, delivery/billing address, phone number) may result in deletion of previous accounts opened after the original account, and if these actions are repeated, the Company may deactivate the consumer’s initial registration and all subsequent registrations. In addition, any attempted fraud detected within and/or in connection with active business engagements offering privileges on the Website/s https://www.iqos.com/mt/en/home.html shall lead to the exclusion of the user committing the fraud or attempted fraud in question.
3.3.5. Before you register you must be aware of the contents and accept the Terms and Conditions and acknowledge that you have read our Privacy Policy. In any case, the Terms of Use will always be available to you and at any time on the https://www.iqos.com/mt/en/home.html website. Lastly, you may also request information using the ‘Support’ field on our Website and/or at our call center.

4. Creating an Account in our Website

4.1.1. When you register in our Database, you acquire a personal Account in our Website (https://www.iqos.com/mt/en/home.html) which contains the personal information that you declared when you registered in our Database.
4.1.2. For your access to your Account to be activated, the process under Article 3.3.1 above must have been completed in order to complete your registration in our Database.
4.1.3. Your personal Account is used for the following purposes:

Accessing and managing some of your personal information and information contained in your account.
Enabling you to monitor your participation in the Company's commercial programs.
Registering and keeping track of your Devices, including with respect to commercial warranty coverage.
Consent management.

4.1.4. In any case, you also need to activate your registration in our Database pursuant to Article 3.3.1 to facilitate the verification of your age at the time of registration in any Programs of the Company.
4.1.5. a) It should be noted that each Account is the ‘front end’ account in our Database and contains the data that are necessary to proceed with the above-mentioned purposes. Only authorised Company personnel can access your account details in full (‘back end’), and the collection and processing of your data shall be governed by the PMI Privacy Policy (Homepage) which you were made aware of and accepted during your registration in our Database. It is forbidden to create more than one Account, and the provisions of Article 3.3.5 above shall also apply.
b) You are able to change your personal information in our Database at any time. However, part of those data, being your unique identifiers in our Database, can only be changed by following the procedure outlined in article 3.3.2 above.
4.2. What are the requirements to properly maintain my Account on the Company’s Website?

You can access your Account in our Website, under the following terms and conditions.

In particular, regarding the proper access and maintenance of your Account:

4.2.1. Every time you wish to connect to your account in our Website you must log in using your e-mail address, having previously completed the double opt-in process, as well as have created a secret password based on the applicable security rules of the Company. After following the login process you will gain access to your personal account and you will be uniquely identified with regard to any actions or omissions made through your account.
4.2.2. You should always keep the OTP you have received (until you stop using it) or the password secret and secure. With regards to the password in particular, you are solely responsible for protecting your password and keeping it secret (a change of password in one Account shall automatically change it with respect to the other Account too). For this reason, we would ask you to change your secret password at regular intervals. You should also completely avoid giving your password to third parties, to prevent any unauthorised access or use of your personal Account and the features provided through it (and in particular, but not exclusively, to any minors). You must inform the Company immediately if you have reason to believe that (a) your secret password could or may have been disclosed to a third party or (b) there is a risk that your password may be used without your permission.
4.2.3. You also bear full and exclusive liability for any action (act or omission) carried out through your Account. The Company disclaims any liability for damages (including against third parties) arising from the use of your Account due to unauthorised access to or use of your account, unless you have previously informed the Company in a timely and appropriate manner, by email to contact.mt@iqos.com , or through the Website by using the ‘Support’ field, or by telephone at +356 21444494 (charges depend on the telecommunications provider ). It is noted that any action taken through your Account prior to notification of the Company in accordance with the above, will be treated as an action on your part.
4.2.4. You are able to disconnect from your Account in our Website at any time. Furthermore you can regain access following the access procedure laid down above. Disconnection from your Account does not mean disconnection or deletion from the Database.

5. Deletion

5.1. You can request the deletion from our Database by submitting a request for deletion at any time you choose, via email at contact.mt@iqos.com or by telephone at +356 21444494 (charges depend on the telecommunications provider ). Your Account will be permanently deleted, and your participation in all Company programs will end as specified in Article 5.4 below.
5.2. Deletion from any individual programs of the Company that you may have registered in does not imply deletion of your Account in our Website and/or from the Database.
5.3. In any case, you shall also be automatically deleted from our Database, based on the procedures observed by PMI, in the following case: there has been no interaction (device activity, login to iqos.com, etc) with us (by any channel or medium) for a period of more than 60 months from the event of registration or from the last activity. With each interaction or purchase, the above timeframe is renewed.
5.4. When you are deleted from the Database, your corresponding data shall also be deleted (by anonymization and/or any other technically equivalent measure) and without prejudice to any of your data kept for purposes of statutory limitations or the fulfillment of legal obligations of the company.
5.5. The Company reserves the right to refuse to register you in our Database and/or create an Account and/or to delete your Account entirely from our Database at any time, for any valid reason or cause. In particular, (but not exclusively) the Company is entitled to exercise such right for any material reason, including, merely by way of indication, but not limited to the following: if there are indications of bad faith, or illegal or non-contractual use of the Account, submission of untrue or false information and/or a false declaration of adult age, as well as any non-compliance with these Terms of Use. In this case, details of the User are kept as provided for in paragraph 5.4 above, to ensure that the same User cannot register another account.

6. Specifically, you may be granted privileges such as Registration in our Database and Device Registration, subject to individual assessment and your fulfilment of the applicable requirements.

6.1. Device Registration - Commercial Warranty during the protected period (without the need to provide evidence)
6.1.1. After completing your registration in our Database and purchasing a Product that has a device and a commercial warranty, you may then register your device (depending on the Product you have purchased) in order to be able to monitor the warranty period and ensure you continue to meet the conditions, without having to provide proof of purchase of the device to be serviced (in order to prove date of purchase and confirm that you are still within the warranty period).
6.1.2. The services you receive shall always be based on the terms of the commercial warranty contained in the Product packaging (for new tobacco product devices or electronic cigarettes) that you have purchased.
6.1.3. Each time you avail of the warranty the event is recorded in our Database and your Account, so that your service history is readily available and your entitlement under the warranty can be easily established every time.
6.1.4. If you do not register your device, you do not lose your rights under the terms of the commercial warranty that accompany your device. However, you will have to provide proof of purchase each time to confirm that your device is still covered by warranty (otherwise, since the date of purchase, the length of the warranty period, and warranty expiry date cannot be ascertained, you will not be entitled to receive services under warranty).
6.1.5. It is stressed that in order to receive the above, the personal information with which you register your device must be identical to the personal data you submitted during your registration in our Database. If you give your device as a gift to a third person adult smoker, then the device should be registered using the details of that third person. We reserve the right to request information that evidences the above, as well as to take action in cooperation with you to register the device to the third party who has the device in their possession.
6.1.6. None of the above restricts or invalidates your rights under legal warranty pursuant to any applicable law, as may be applicable at any given time.
6.1.7. The deregistration of your device from your Account, if you so wish, shall be performed with the aid of our company or our partner after making a call at our call center +356 21444494 (charge depending on the telecommunications provider) – by deregistering the device you shall lose the privileges specified hereunder (without prejudice to Article 6.1.4. which of course shall remain applicable).
6.2. Onboarding Program
6.2.1. After your registration in our Database, if you have registered a device and provided that you meet the following criteria: a) your legal age has been verified, b) you have purchased a Product for the first time and c) (in case a Product has a device) you have registered that device to your Account and d) you have given your consent to receive Product and Care communications from the Company you shall be entitled to participate in the specially-designed customer service and support Program, which shall be available after purchase or free trial of a new device from our Company’s range of Products. This Program is part of the general after-sales customer services that our Company offers. Since our Products are new state-of-the-art technology devices with increased safety and correct use requirements, extra service and support shall be necessary to ensure smooth transition while getting used to the Products in question which could have special specifications of use that could require further explanation or guidance from our agents that would contact you. The Company reserves its right to end the above program and/or alter it at any time at its discretion.
6.2.2. In the event that the Product you have purchased has a device under a commercial warranty, this Program will be activated when you register that device on condition that it is the first device from our Product range that you have purchased or are using through a Company’s Program. The program will also be available for the next device you register if the device in question is another version of the Product that has significant differences from your previous devices.
6.2.3. If you do not wish to continue with the above program you may state this to our partner or contact the Company as indicated in Article 1 of these Terms. The interruption of communications for the specific Program does not imply your deletion altogether from the Database or other programs in which you participate (unless you explicitly request deletion from them). The interruption of communications under this Program, does however imply interruption of all communications from the Company.
6.3. General after-sales service (Customer Care)
Once you register in our Database and purchase any Product, we will provide you with after-sales service, when you contact us (e.g. in store, via the call center, the Website, or by other means, including on your own initiative) to request our assistance, or have questions or other issues related to Products that you have bought. In this context, our Company will suggest solutions to your problems, give you advice on the correct and safe use of products based on your questions, and will generally provide you with whatever service may be required based on your needs.

**Explicit Note: The reference to privileges and programs in Article 6 above is merely indicative. In any case, if you are interested in participating in any of the Company’s' Programs, you will be invited to learn more about the specific terms of each program, which will govern and determine your relationship with our Company for each of these Programs at any time.

7. Special term

7.1. It is expressly pointed out that our Company does not provide any kind of advice or guidance on health issues, for which your doctor is solely responsible, whom you should contact directly and whose advice you should follow.
7.2. Our Products are intended for adult consumers who register as smokers and who would otherwise continue to smoke or use nicotine products and they do not constitute an alternative to quit smoking, nor are they designed to be an aid for giving up. They are not harmless, they contain nicotine which is addictive. Further information about the risk is available on the website https://www.iqos.com/mt/en/home.html. In any case, your registration in our Database (and participation in any Program of our Company) is based on the recognition and acceptance by you of the above, as the result of a personal and informed choice, as an adult consumer.

8. Limitation of Liability of the Company

8.1. You register in our Database on your own initiative and at your own risk, fully aware that you are visiting a point of sale for tobacco products, having provided your solemn declaration that you are over 18 years old, completed the age verification process as established by the Company and are a smoker.
8.2. You agree to indemnify, defend and relieve the Company, the companies of the Philip Morris International Group and its directors, executives, employees, consultants, agents and associates of any and all third party claims, liability, damages and/or costs arising due to or on the occasion of any culpable, illegal or non-contractual use of the Website by you or the culpable breach by you of any of the Terms of Use. In any case, you must promptly notify the Company at contact.mt@iqos.com οr through the Website in the ‘Support’ page, or by telephone at +356 21444494 (charges depend on the telecommunications provider), if you have become aware or have reasonable suspicion or indications that the Website has been used (even if it is due to negligence on your part) in an illegal or non-contractual manner, so that the Company can take the necessary steps to limit any damages.
8.3. In addition, you bear full and exclusive liability for any loss or damage caused to the Company due to untrue, erroneous or out of date information submitted by you. It should be stressed that any notification sent (as part of the legal obligations of the Company or in the case of special communications as indicated in these Terms of Use) to the email address submitted by you when you created your account shall be deemed to be effectively delivered, even if you did not receive it due to an error in the information provided by you and/or due to a technical or other fault in your server, and/or your telephone, and/or your telecommunications provider, and/or due to a change in your information (if you have failed to notify the Company in a timely manner, as indicated above).

9. Other Terms

The Company reserves its rights, including but not limited to the following:

9.1. to change part or all of these Terms of Use at any time and to choose the manner in which Users are informed as appropriate (either individually via personal contact information, or by public posts on its Website or a combination thereof or in any other way, at its discretion);
9.2. to renew or upgrade or halt in part or in whole the programs and/or the services referred to herein.

10. Applicable law and jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of Malta. Users unconditionally agree, by acceptance of these Terms and Conditions, that any dispute against the Company that may arise from the use of the Website, or for the purpose of resolving issues arising in execution or interpretation of the Terms of Use, shall fall under the exclusive jurisdiction of the competent courts of Malta.

11. Final provisions

11.1. The above Terms of Use bind the parties (the Company and Users) collectively, and as a whole constitute the entire contract between the parties, prevailing over any and all previous and current contracts between the User and the Company, they are of indefinite duration, and may be terminated at any time from any location (by the Company or the User). More specifically, the Company may terminate these Terms by sending a respective email to the email address declared by the User setting a reasonable deadline, after the expiration of which your Account and Program participations will be deactivated as indicated above. You may terminate the relationship under these terms by following the deletion procedure indicated in Article 5 above.
11.2. Should any term be found to be invalid or be deemed unenforceable, this shall not affect the remaining terms, which shall continue to apply and remain binding on the parties. In any case, to the extent that this is feasible, a single term/sub-term or part thereof may be treated individually, for the remainder to be rendered valid and the term shall be construed accordingly. Otherwise, you agree that the term must be corrected and shall be construed in a manner that most approximates to the original meaning of the term/sub-term, in accordance with the law.
11.3. Any delay by the parties in exercising some or all the rights stemming from these Terms shall not result in the weakening or waiver of such rights, which may be exercised at any time at a later stage, at the discretion of their holders.
11.4. The headings contained in these Terms and Conditions are used for reference purposes only and shall not affect the meaning or interpretation thereof.