TERMS OF USE AND YOUR PRIVACY ON MESSAGING PLATFORMS

[September 15, 2022]

You may have been redirected here from one of our IQOS-branded Messaging Platforms (e.g. Viber, Facebook Messenger, etc.) The Messaging Platforms are intended for adult smokers and adult IQOS users 18 years old and above who want to continue enjoying tobacco or other nicotine-containing products residing in identified cities in the Philippines. By engaging with our Messaging Platforms, you confirm that you fulfill these criteria.

Who we are


PMFTC Inc. is a member of the Philip Morris International (“PMI”) group of companies. We have identified ourselves to you, and given our contact details in the website where this document (“Terms”) is published or on the respective Messaging Platforms accordingly.

How do you accept these Terms?

By using any of our Messaging Platforms, you agree to comply with these Terms. You also agree to comply with any other applicable accounts or platforms’ specific terms of use (e.g. Facebook’s Statement of Rights and Responsibilities, Instagram’ Terms of Use, Twitter’s Terms of Use, Viber’s Terms of Use, etc.).

Good Conversion Practices and Our Duty to Inform


Before we tell you what you shouldn’t do on our Messaging Platforms, here are some things you should know about IQOS: PMI offers a variety of quality, scientifically substantiated smoke-free products that are much better choices than continued smoking. Our vision is that our smoke-free products will one day replace cigarettes.

1. Cigarette smoking causes serious diseases and is addictive. Without question, the best decision any smoker can make is to quit tobacco and nicotine use altogether.

2. Minors (below 18 years old) should not use tobacco or nicotine in any form.

3. PMI’s smoke-free products are for adults 18 years old and above who would otherwise continue to smoke or use other nicotine products.

4. We do not offer PMI’s smoke-free products to people who have never used tobacco or nicotine products or who have quit using tobacco and nicotine products. Our smoke-free products are not alternatives to quitting and are not designed as cessation aids.

5. PMI’s smoke-free products are not risk free and contain nicotine, which is addictive. Switching to a smoke-free product is, however, a better choice than continuing to smoke.

6. We support our adult smoke-free product users in their journey to full conversion through education and guidance.

7. For consumers to experience the benefits of smoke-free products, they must switch completely and abandon smoking permanently.

8. We inform consumers of all relevant safety information about our smoke-free products.

LIABILITY AND DISCLAIMERS

Your use of our Messaging Platforms is at your sole risk. Our Messaging Platforms are provided on an "as is" and "as available" basis. Where possible, we may restrict your access to our Messaging Platforms or any feature or part of them at any time. We disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and any warranties that material on our messaging platforms is no infringing; that access to the site will be uninterrupted or error-free; that our messaging platforms will be secure; or that information on our messaging platforms will be complete, accurate or timely.

If anyone brings a claim against us related to your actions or contributions, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

To the fullest extent permitted under applicable law, you understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use our messaging platforms. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.

Your Privacy

To find out more about how we handle information about you, including what information we collect, the purposes for which we use it, with whom we share it, and how we protect your privacy, please consult www.pmiprivacy.com/en/consumer.

Changes to these Terms

We may amend these Terms from time to time without any notice. We encourage you to check these Terms each time you access and use our Messaging Platforms in order to stay up-to-date. If you then continue to use our Messaging Platforms, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.

Jurisdiction

The laws of the Philippines govern these Terms and your use of our Messaging Platforms, and you irrevocably consent to the exclusive jurisdiction of the competent courts located in Marikina, Philippines.

Right to Assign, No Waivers, Severability


PMI, its affiliates or business partners may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.

Our failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or PMI’s rights. Users should always assume these Terms apply.

If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

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