IQOS Club Terms and Conditions

Last updated: June 5, 2020

I.  GENERAL

1. IQOS CLUB Program (“Program”) is open to adult IQOS users 21 years old (as of June 5, 2020) and above residing in the Philippines who otherwise wish to continue to use tobacco or nicotine containing products (“Customer”). While this Program is available to Customers within the Philippines, all services as part of IQOS Club and other programs are only available in the National Capital Region, and also subject to community quarantine restrictions, local government regulations and other applicable government regulations issued from time to time.

2. These terms and conditions (“Terms”) are applicable to and govern Customer’s participation in the Program.

3. If Customer does not agree (or cannot comply) with these Terms, then Customer is not permitted to use IQOS Care Plus.

4. This Program is being carried out by PMFTC Inc. (or “PMFTC”) in cooperation with ActivAsia Inc. (or “AAI”) as an authorized distributor and Transcosmos Asia Philippines  (or “Transcosmos”) as an authorized customer care service provider of PMFTC.

5. The registration period for the Program is from [June 5 to December 31, 2020].  PMFTC has the sole discretion to shorten or extend the registration period if circumstances so warrant.

6. Customers using multiple IQOS.com accounts to participate in the Program will be disqualified. PMFTC reserves the right to disqualify any Customer if there is any evidence of fraud or irregularities in his/her participation in the Program.

7. PMFTC reserves the right to cancel, amend, or revoke these Terms without notice in the event of fraudulent activity, cheating, a security breach or any anticipated breach of any applicable law or regulation, an event or disturbance outside of PMFTC’s control such as acts of God, civil or military events, catastrophes, technical issues/connectivity, pandemic or war. Any changes to the Program will be announced accordingly.

8. No modification of these Terms by you is permitted unless by PMFTC agrees in writing.

9. The Customer’s use of IQOS Care Plus is at our discretion and we may refuse Customer’s application to use, or we may terminate Customer’s right to use IQOS Care Plus for any reason including if Customer breaches any of these Terms.

10. PMFTC reserves the right to modify, change, or revise these Terms and IQOS Care Plus upon notice at any time. If Customer does not agree to any such amendments, Customer may terminate his/her membership of IQOS Care Plus.

11. Important information:  This product is not risk free and is addictive.  Only for use by adults at least 21 years old and above.

12. Please visit pp.iqos.com/ph/en/discover/important.html to find out more about Philip Morris International’s Good Conversion Practices.

II. MECHANICS

1.      Joining & Benefits

1.1  In order to join the Program, Customer must meet the following requirements:

a. Be of minimum legal age (21 years old and above as of June 5, 2020)

b. Have any of the following eligible models:

    a. IQOS 2.4, IQOS 2.4 Plus, IQOS 3 devices or holders and chargers and any upgraded models thereof

    b. IQOS 3 Multi

    c. IOQS 3 Duo

 c.  Be a registered IQOS user with a registered eligible IQOS device in IQOS.com in the Philippines.

 1.2 Registration of the first eligible IQOS device (not exclusive to devices purchased in the Philippines or from IQOS.com) under the Customer’s account in IQOS.com automatically makes the Customer a member of the Program. This means that only Customers with registered IQOS devices in IQOS.com will be part of the Program.

 1.3 Membership in the Program is free of charge.

 1.4 As a member of the Program, a Customer will have access to following benefits:

· IQOS Care Plus (see Section 2 for more details,)

· Refer-a-Friend (separate terms and conditions apply, please visit www.iqos.com for more details)

· Special Offers (see Section 3, subject to separate terms and conditions from time to time)

1.5 By registering the Customer’s eligible IQOS device in any of the following channels:

· online (www.iqos.com) IQOS device registration,

· through IQOS Customer Care

· through an IQOS Coach, and

· through a sales expert in any participating IQOS Stores;

the Customer agrees to be bound by these Terms, and the Customer is automatically enrolled and becomes a member of the Program.

1.6 The Customer’s membership in the Program starts from the date of registration of the first eligible IQOS device under his/her IQOS.com account.

1.7 Membership in the Program is not transferable.

1.8 To find out more about the Program, please contact IQOS Customer Care on Facebook.com/ph.iqos, or email contact.ph@iqos.com. or voice at #983838 (toll free).

2.      IQOS Care Plus

2.1    Benefits

IQOS Care Plus is an exclusive service package developed for Customers to enjoy the following additional care benefits for their genuine IQOS devices for the duration of the IQOS Care Plus validity period:

    · One Time Accidental Damage Replacement for each single-line unit (i.e. One Time Accidental Damage Replacement each for the charger and the holder). The conditions, limitations and claiming procedures are provided in 2.3.

    · International Assistance. The conditions, limitations and claiming procedures are provided  in 2.4.

2.2    Eligibility and Validity

a. IQOS Care Plus is available to registered IQOS devices that are covered by a warranty. It is automatically activated upon registration of the eligible IQOS device in IQOS.com.

b. IQOS Care Plus validity is limited only from date of registration until the end of the warranty period of the IQOS device.

c. If the registered IQOS device is out of warranty, IQOS Care Plus will not be activated.

d. The Customer’s use of IQOS Care Plus is linked to his/her country of residence. As IQOS Care Plus is only available in certain countries, if Customer changes country of residence, then he/she must inform IQOS Customer Care of that country and reapply to use IQOS Care Plus in the new country of residence.

2.3    One Time Accidental Damage Replacement

a. If Customer’s IQOS device suffers accidental and unintended damage that affects the functionality of the device which is not caused by Customer’s misuse or reckless behavior, , Customer may be eligible for a one time replacement as described in this section (2.3)

b. Limitations from Accidental Damage

     i. Customer must take all reasonable precautions to protect their IQOS device, use and maintain his/her IQOS device in accordance with the instructions stated in the user guide.

     ii. Customer is limited to one (1) replacement per each registered single-line unit under IQOS Care Plus validity (i.e. One Time Accidental Damage Replacement each for the charger and the holder). After the claim is settled, the Accidental Damage Replacement in the Philippines will cease. However, the Customer can still receive the standard manufacturing warranty throughout the duration of warranty period.

    iii. The Customer is not entitled to a replacement of his/her IQOS device if the IQOS device is out of warranty. Customer can check the duration of the IQOS device warranty period in IQOS.com under My Devices.

    iv. The Customer is not entitled to a replacement of his/her IQOS device where the Accidental Damage was caused prior to  [June 5, 2020] or where any of the following circumstances are applicable:

    · damage caused by abuse or misuse, or actual, or attempted, modification or alteration of the device, power surge;

    · IQOS devices with a serial number that has been altered, defaced or removed;

    · IQOS devices that have been opened, serviced, modified or altered in a manner not authorized by the manufacturer;

    · the loss or theft of the IQOS device;

    · cosmetic damage to the IQOS device which does not affect the functionality of the device, including, but not limited to, hairline cracks, scratches, dents, broken plastic on ports and discoloration;

    · damage or failure caused by normal wear and tear and/or usage of the IQOS Device;

    · improper handling, or liquid contact, damage from fire, flood, or natural disaster, war, terrorism, or acts of God;

    · malfunction due to use with non-compatible product (e.g. tobacco sticks, chargers, etc.); 

    · damage or malfunction caused by failure to use as described in the associated IQOS User Guide; or

    · failure due to defects in materials and/or workmanship and/or design; however, such failures may be covered separately either by Customer’s consumer rights or by the IQOS warranty that is in addition and without prejudice to all rights and remedies provided by consumer protection laws in the country of purchase.

c. Making a Claim under Accidental Damage

i. The Customer must report his/her claim by contacting IQOS Customer Care through the following channels:

    · Chat: Facebook.com/ph.iqos

    · Email: contact.ph@iqos.com

    · Call: #983838 (toll free)

or may visit participating IQOS Stores or IQOS Authorized Care Centers. Customers may visit IQOS.com for the list of official IQOS stores or reach out to IQOS Customer Care for the list of participating IQOS Authorized Centers. Please note that the schedule or opening hours of IQOS Stores or IQOS Authorized Care Centers are subject to, among others, community quarantine restrictions guidelines and other local government regulations issued from time to time. Please contact IQOS Customer Care to know more about the schedule/opening hours and locations of IQOS Stores or IQOS Authorized Care Centers.

ii. When reporting a claim, the Customer must provide IQOS Customer Care with the following information:

    (1) the serial number of the affected IQOS device;

    (2) description of the symptoms, problems with or causes of the damage to the device; and

    (3) actions taken before the IQOS device experienced problems and any steps done to resolve the problem

iii. If requested by IQOS Customer Care, Customer must provide the proof of purchase for the IQOS device.  In the absence of the proof of purchase, PMFTC and/or the entity which makes the IQOS device replacement at its discretion, reserves the right to voluntarily apply the warranty period applicable may be based on manufacturing date of the IQOS device components in question based on its own records. In this case, the warranty duration will be twelve (12) month from the date of manufacture of the registered IQOS device.

iv. Customer must comply with these Terms, PMFTC’s and/or AAI’s process to check device eligibility for warranty.

v. The Customer must not send the IQOS devices or other products without prior agreement and/or arrangement with IQOS Customer Care. If Customer sends these items, they will not be returned and instead will be properly disposed.

vi. IQOS Customer Care and IQOS Authorized Care Centers will determine whether the Customer is entitled to a replacement of his/her IQOS device in accordance with these Terms. If the Customer is qualified for a replacement, the replacement IQOS device will be provided in one of the following ways:

· Courier delivery.  The replacement IQOS device will be delivered to the Customer and courier shall conduct the following activities:

    i. Verify Customer’s identity and age (at least 21 years old),

    ii. Verify device’s serial number and reported issue/s,

    iii. Verify if the IQOS device is genuine and not counterfeit,

    iv. Verify if the IQOS device is not tampered

    v. Collect defective device, and

    vi. Issue the replacement IQOS device.

This service is subject to availability. Delivery times may vary due to multiple circumstances beyond AAI’s and/or the delivery team’s control (e.g. weather conditions, traffic conditions, quarantine implementations)

In cases where Customer cannot accept the delivery, an authorized representative who is at least twenty one (21) years old and above can claim on behalf of the Customer provided the following documents are presented to the courier:

    i. Valid government issued ID of representative for identity check and age verification;

    ii. Copy of a valid government issued ID of Customer for identity check and age verification; and

    iii. Signed authorization letter stating that the Customer is authorizing the representative to receive the device. The letter must contain the full name of the Customer, full name of the representative and case number. The authorization letter will be surrendered to the courier.

The courier will not be able to deliver the Customer’s device if any of the above-required documents are not presented.

· Carry-in service. Customer can return affected IQOS device to an official IQOS store and/or IQOS Authorized Care Centers where replacement will be provided. Customers may reach out to IQOS Customer Care for the list of participating stores. Please note that the schedule or opening hours of IQOS Stores or IQOS Authorized Care Centers are subject to, among others, community quarantine restrictions guidelines and other local government regulations published from time to time. Please contact IQOS Customer Care to know more about the schedule/opening hours and locations of IQOS Stores or IQOS Authorized Care Centers.

    vii. Replacement Device Warranty Duration

· The warranty period for the replacement IQOS device or replacement single-line unit (charger or holder) will be the remaining duration of the defective/returned IQOS device’s or single-line unit’s (charger or holder) standard warranty period (e.g. If the defective/returned IQOS device had a standard warranty period of January 2020 to December 2020 and the defective/returned device was replaced on August 2020, then the replacement IQOS device will have an effective standard warranty period of August 2020 to December 2020.)

· Your replacement IQOS device or replacement single-line unit can still enjoy benefits under International Assistance until the end of IQOS Care Plus validity period.

2.1    International Assistance

a. Customer has access to an international toll free number – 001 800 2559 2559 (charges may apply in some locations) when traveling abroad to countries where the IQOS devices are commercialized by Philip Morris or its affiliates or an authorized partner[1].

b. The International Assistance service includes troubleshooting assistance from experienced IQOS Customer Care agents and if required, replacement of the IQOS device within (i) Accidental Damage in accordance with these Terms or (ii) device issues defined in terms of material or workmanship when used in accordance with the Device User Guide.

c. Service options, device availability, response and delivery times may vary according to country.  This service will not affect Customer’s statutory rights and rights under Customer’s device warranty valid in the country of purchase.

d. Limitations from International Assistance

    i. The limitations contained in paragraph 2.3.b (Limitation) apply to Accidental Damage replacement under International Assistance.

    ii. The following are excluded from replacement of device with issues defined in terms of material or workmanship when used in accordance with the Device User Guide:

    · damage caused by normal wear and tear;

    · cosmetic damage (such as scratches, dents, broken plastic etc.);

    · damage caused by misuse, power surge, improper handling, liquid contact or fire;

    · malfunction due to use with non-compatible product;

    · damage or malfunction caused by attempt to open, modify and repair, either by a user or by a service provider not accredited by the manufacturer; or

    · damage or malfunction caused by failure to use as described in the associated Device User Guide.

e. Making a Claim under International Assistance

    i. The Customer must report a claim to customer service center by calling the International Assistance toll free support number as soon as device suffers Accidental Damage or device issues defined in terms of material or workmanship when used in accordance with the Device User Guide.

    ii. Upon reporting a claim, Customer must provide the customer service center with the following information:

    (1) the serial number of the affected IQOS device;

    (2) description of the symptoms, problems with or causes of the damage to the device; and

    (3) actions taken before the device experienced problems and any steps done to resolve the problem.

    iii. If requested by Philip Morris and/or the entity which makes the IQOS device replacement, Customer must provide proof of purchase for the device. In the absence of the proof of purchase, Philip Morris and/or the entity which makes the IQOS device replacement reserves the right to voluntarily apply the warranty duration starting from the manufacturing date of the IQOS device components in question based on its own records.

    iv. Customer must follow replacement process of Philip Morris and/or the entity which facilitates the IQOS device replacement.

     v. Customer must comply with devices authorization process of Philip Morris’ and/or the entity which makes the IQOS device replacement return.

     vi. Philip Morris will determine whether device and Customer is entitled to a replacement device in accordance with these Terms. If Customer is entitled, the replacement device will be provided in one of the following ways:

     · Courier delivery.  A replacement device will be couriered to the Customer and Customer must send the affected device to Philip Morris and/or the entity which makes the IQOS device replacement.  This service is subject to availability in the country where IQOS devices are commercially available. 

    · Carry-in service. Customer can return affected device to a participating IQOS store and/or participating IQOS service points where replacement will be provided.

3      Special Offers

3.1 Customers will be the first to receive news and information about IQOS Club, IQOS Care Plus, IQOS products and services, invitations to take part in special events and activities, such as the presentation of new products or discount and other promotions, personalized product information and special offers and/or services, access to exclusive content or events, news and updates of relevance for participants.

3.2 There will be separate terms & conditions applicable for each individual promotion, offer, and/or event.

III. OTHERS

1. All decisions of PMFTC Inc. and/or AAI in all matters relating to the interpretation and implementation of the Program are final, and no objections and/or appeals thereon will be entertained.

2. Customers in the Program agree and confirm the following:

    · that you are a legal-age smoker or IQOS user, 21 years old or above as of June 5, 2020;

    · that you have read and understood the Terms detailed herein;

    · that you agree to follow the applicable Terms of the Program;

    · that you agree to assume all such risks, foreseeable or otherwise, and hereby release and discharge PMFTC Inc. and/or AAI, its affiliates and all other persons and entities connected with the Program from any liability for, or any claims that may arise in respect of, any and all property losses and/or injuries whatsoever that you may sustain, no matter how any such property losses and/or injuries are caused;

3. For any questions regarding the Program, feel free to contact IQOS Customer Care at Facebook.com/ph.iqos, contact.ph@iqos.com or at #983838.

4. Devices bought through promotional activities and using discounts (such as e-vouchers) are non-refundable.

    [1] IQOS is available in key cities in Andorra, Albania, Armenia, Austria, Belarus, Bosnia and Herzegovina, Bulgaria, Canary Islands, Canada, Colombia, Croatia, Curacao, Cyprus, Czech Republic, Denmark, Dominican Republic, France, Germany, Greece, Guatemala, Hungary, Italy, Israel, Japan, Kazakhstan, Korea, La Réunion, Latvia, Lithuania, Malaysia, Mexico, Moldova, Monaco, the Netherlands, New Zealand, Palestine, Poland, Portugal, Romania, Russia, Serbia, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Ukraine, the United Arab Emirates, the United Kingdom, the U.S., and in some Duty Free shops. Please visit pmi.com/smoke-free-products/iqos-our-tobacco-heating-system for updates.

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