Terms of Use

Last updated: January 9, 2020

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.

GOOD CONVERSION PRACTICES FOR PMI’s SMOKE-FREE PRODUCTS  issued on pmi.com on August 16, 2019

 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. PMI’s smoke-free products are for adults who would otherwise continue to smoke or use other nicotine products. 

 3. 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 an alternative to quitting and are not designed as cessation aids. 

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

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

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

 7. Minors should not use tobacco or nicotine in any form.

 8. Pregnant women, diabetics and people with heart problems should not use any tobacco or nicotine product.

 Introduction

Welcome to the www.iqos.com ("Website"), a web site owned and operated by or on behalf of  PMFTC Inc. (referred to as "we" or "us" in these Terms of Use).

Who are we?  We are a member of the Philip Morris International group of companies. We have identified ourselves to you, and given our contact details, in the Website in connection with which you have been guided here.

How do you accept these terms?  If you use the Website, you accept these terms of use (“Terms”). These are important provisions relating to your use of the Website: you should read them before using the Website as they are binding on you.

Limits of liability: By using the Website, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the Website at your own risk; we do not assume any liability, or make any warranties (express or implied) with respect to it or your use of it.

Use of tobacco products: Our products are designed for adult smokers only. Our products contain nicotine which is a highly addictive substance. Nicotine-containing products should not be used by pregnant or breastfeeding women or persons in ill health. Our products are not for sale or use by those under (i) 18 years old, or (ii) if the legal age required to purchase of tobacco under the local law of your country is above 18 years of age, the minimum age required by law. Whilst we ensure our products are made to high standards, you acknowledge that you use our products at your own risk. IQOS IS NOT RISK FREE AND THE BEST WAY TO REDUCE TOBACCO RELATED HEALTH RISKS IS TO QUIT TOBACCO USE ALTOGETHER.

IF YOU DO NOT AGREE TO THEse TERMS, YOU MAY NOT USE THE WEBSITE.

Further terms: If you wish to use certain sections of this Website or take advantage of any promotions we offer to you through it, that may be subject to other terms and notices. If this is the case, this will be brought to your attention and in some situations you may be required to read and confirm your acceptance of any such items before continuing.

Changes to these Terms: We may amend these Terms from time to time. If we do, we will notify you of such changes the first time you log on to the Website following such changes. If you then continue to use the Website, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.

Use of the Website

The Website is intended to be used by adult tobacco users aged 18 and above who want to continue to enjoy tobacco products (“Intended User”), and who reside in the country where indicated in our contact details. If you do not meet these requirements, you must not use the Website.

To set up an account for the Website, you must give us some personal information to enable us to verify your eligibility to use it. Typically, this may be smoking status, name, age, country of residence and e-mail address/telephone number. We will hold this in accordance with our PMI Consumer Privacy Notice and PMFTC Privacy Policy (see the “Privacy and Cookies” section below for more information.)

It’s important for you to provide us with accurate, complete and up-to-date information for your account. You agree to keep it accurate, complete and up-to-date. You agree that you won’t disclose your account password to anyone. You’re responsible for all activities that occur under your account, whether or not you know about them.

You may not use anyone else’s password or account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others to do so, or distribute instructions, software or tools for that purpose, we will close your account. If anyone other than you uses your account, we may suspend or terminate your account (see the section entitled “Modification and suspension of the Website” below). You must promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security of which you become aware that involves your account or the Website.

Modification and suspension of the Website

We reserve the right to modify, suspend, or terminate operation of or access to the Website, or any portion of it, at our discretion any time. For example, we may terminate operation of the Website for users if we have reason to believe that the Website is being used by someone who is not an Intended User or for any fraud or irregularities.

We may also update the Website and change the content at any time. Although we make reasonable efforts to update the information on the Website, note that any content on it may be out of date at any given time, and we are under no obligation to update it.

We may also interrupt the regular operation of the Website, or any portion of it, as necessary to, among others, perform routine or non-routine maintenance, to correct errors, or to make other changes.

Use of the Website and Materials

The Website and all its contents (including messages posted on the forum, software, files, graphics, data, images and other material) (“Material”) are the exclusive property of us, our affiliates, or our licensors (or any combination of the foregoing), and are protected by law in your country as well as in other countries.

All intellectual property rights in the Material are reserved by us or our licensors. You may not use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, broadcast, edit, adapt or create a derivative work of, or reverse engineer, in any manner, any part of the Website or any Material.

The Website and the Material are provided solely for your personal, private use. You may not use them for any other purposes (for example, you may not use them for business or commercial purposes). Note the paragraph on “Limit of Liability” below.

Linking

The Website may include links to third party websites. These links are provided for your convenience only. As we have no control over such websites, and we do not review them, please note that:

-         we do not endorse them, we are not responsible for them, and we make no promise in relation to them: in particular we are not responsible for the terms on which such websites are made available or their privacy practices, their availability, their content, advertising, products, or other materials, services or information on or available from them; and

-         if you access any such websites, you do so at your own risk.

You may not frame, link or deep-link to the Website to any other website.

Privacy and cookies

To the extent that in the Website we collect any personal information about you, we will collect and process it in accordance with our Privacy Notice. Please read it to find out more about what personal information we collect about you, how we use it, with whom we share it, how we protect it, your rights and how you can exercise them.

This Website also uses cookies and similar technologies to collect certain visitor information automatically. To learn more about such technologies (including Google analytics cookies), how we use them, and how you can accept or refuse them, please see our Cookie Notice.

You should review our Privacy Notice and Cookie Notice before using the Website and, like these Terms, we may change them at any time.

Posting materials

These paragraphs apply if the Website allows you to post materials on it

You warrant that all tangible and intangible materials and ideas, including text, drawings, designs, photographs, videos, sketches, that you post on the Website (“Materials”) are your original work in which you own the related intellectual property rights. You also warrant that the Materials do not and will not infringe any third party’s intellectual property rights.

By posting the Materials on the Website you: (a) assign to us all rights to, and intellectual property rights in, the Materials; (b) relinquish, to the fullest extent permitted by law, all rights to such Materials and waive any moral rights in them (including the right to be named as the author of such Materials); and (c) acknowledge that we (and those whom we (directly or indirectly) permit) shall have unrestricted use of the Materials, including using, altering, duplicating, or combining them in all forms and for all media.

Disclaimer

Although we do our best to provide an informative Website that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the Website is made available to you on an “as is” basis. Also:

(a)       it is your responsibility – not ours – to ensure that the Website is suitable for your intended purposes when you use it;

(b)      we accept no liability to you in respect of the Website (subject to the paragraph on “Limit of Liability” below); and

(c)       we accept no liability as to the suitability or fitness of the Website in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including:

-         that the Website, or any content contained in or delivered via the Website or otherwise made available in connection with the Website, is accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;

-         that access to the Website will be uninterrupted, or error-free; and

-         that the Website, or the computer systems from which the Website is made available, are free of viruses or other harmful components.

Limit of Liability

We do not exclude or limit liability that cannot be excluded or limited by law, liability for death or personal injury caused by our negligence, or liability arising out of our fraudulent misrepresentation or gross negligence.

We will not be liable to you for any loss or damage arising out of your use of the Website in breach of these terms, or caused by technologically harmful material or actions (such a virus or a distributed denial-of-service attack) that may affect your computer equipment, computer programs, data or other material in connection with your use of our Website or on any website linked to it. To the fullest extent permitted under applicable law, you understand and agree that neither PM nor any of its respective affiliates, subsidiaries or third party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from your use or inability to use the Website or from any actions we take or fail to take as a result of your communication with us.

You acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services (including your own device or web browser), and that we do not guarantee, and will not be liable for, these in any way.

We will not be liable for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill. These include damages for errors, omissions, inaccuracies, 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.

If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Jurisdiction and Governing Law

The laws of the jurisdiction indicated of the location we have given in the contact details of the Website (the “Jurisdiction”) govern these Terms and your use of the Website. You irrevocably consent to the exclusive jurisdiction of the courts located in the Jurisdiction (and, insofar as the parties may validly agree, the courts in the town closest to our registered office), for any action to enforce these Terms. The Website has been designed to comply with the laws of the Jurisdiction.

Other important rights that we have under these Terms

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our right to enforce any such failure against you, or that you do not have to comply with those obligations. If we do decide to waive our right to enforce a default or breach of these Terms by you, we will do so only in writing.

Each of the paragraphs of these Terms operates separately. This means that if any court or relevant authority decides that any of them are unlawful, illegal, or unenforceable, the remaining paragraphs will remain in full force and effect.

These Terms are not intended to give rights to anyone except you and us.

How to Contact Us

Please contact us at privacy.ph@pmi.com  if:

·            you believe that the Website infringes your intellectual property rights, or that it contains content that is illegal, offensive, or infringes your or a third party’s rights; or

·            for any questions you may have about these Terms or the Website.

This website (the " Website") is owned and operated by or on behalf of PMFTC Inc. (" PM") based in the Philippines for verified adult smokers at least 18 years old and above who have been provided with a personal username and password of access. In the course of logging onto the Website, you will have been asked to read and agree to these Terms and Conditions. Therefore, by logging onto the Website, you will be assumed to have read and agreed to these Terms and Conditions.

Website Users

The Website is intended for verified adult smokers at least 18 years old and above who have been provided with a username and password for access. Your username and password are strictly personal and must not be shared with anyone else.

Minors

Our website is intended only for persons who are at least eighteen (18) years old or older. We neither offer products or services to, nor knowingly collect personal data of, persons below the age of eighteen (18) years (“Minors”) without any legal basis. Should we learn that we were provided with personal data of Minors without any legal basis, we will delete the same from our database. If you are a Minor, please do not provide any personal data to us, such as your name, age, gender, email address, contact information and the like.

Use of the Website and Materials

The Website and all its contents (including but not limited to messages posted on the forum, if any, software, files, graphics, data, images and other material) (" Material") are the exclusive property of PM, its affiliates, and/or its licensors and are protected by the intellectual property laws of the Philippines as well as in other countries. The Website and the Material are provided solely for your personal use. Any other use of the Website or the Material, including but not limited to:

·       using the Website or Materials for business purposes;

·       distributing, sharing, copying, reproducing or publishing the Material; or

·       modifying, distributing, transmitting, performing, broadcasting, reproducing, publishing licensing, or reverse engineering parts or all of the Website, without the prior written permission of PM, is expressly prohibited.

Forum

To the extent the Website includes a forum that allows interaction between users, you are hereby made aware (i) that PM, its affiliates and/or representatives acting on their behalf regularly monitors the information posted on the forum by users, and (ii) that PM reserves the right (which may be exercised at their sole discretion without notice) to delete, remove, move or edit comments or messages you have posted. PM and its affiliates also reserve themselves the right to terminate, or have terminated, your access to and use of the Website and/or forum at their sole discretion. You hereby waive any rights including any rights that you may have in regard to messages you have posted on this forum.

Without limiting the right of PM to reject or remove any comment or message posted in the Website, any comment or message you post or any submission you make must not:

·       contain contact information (i.e., phone numbers, etc.);

·       contain swear words or other language likely to offend;

·       be racist, sexist, sexually explicit, abusive, or otherwise objectionable;

·       be derogatory to other users or other brands;

·       break the law, or condones or encourages unlawful activity;

·       refer to or contain a cigarette or the use of a cigarette;

·       refer to or contain alcoholic products;

·       refer to or contain a minor (i.e.a person less than eighteen (18) years old);

·       refer to or contain a cartoon; or

·       be otherwise unsuitable in any manner.

The comments made on the forum shall focus on aspects unrelated to smoking and health. Smoking is dangerous and addictive. More information about this is available HERE

Any comments made about smoking and health will be removed from the site.

You acknowledge that you are solely responsible for any information, data, personal views or beliefs, or any material whatsoever that you submit for display on the forum, including the accuracy, legality, reliability and appropriateness of all such information, data, personal views or material. In posting messages on the forum, you must not:

·       post, link or otherwise publish any messages containing any form of advertising or promotion for products or services, chain messages or “spam”;

·       post, link to or otherwise publish any messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another · party or which otherwise have the purpose of affecting the price or value of any traded security;

·       post, link to or otherwise publish any messages that are unlawful, threatening, discriminatory, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any form of illegal content;

·       disguise the origin of any message;

·       impersonate any person or entity (including forum users or hosts) or misrepresent any affiliation with any person or entity;

·       post or otherwise publish any messages unrelated to the forum;

·       post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Website or any computer software or equipment; collect or store other users' personal data; or

·       restrict or inhibit any other user from using the forum.

PM may contribute material to the forum in order to stimulate discussions and ensure the smooth running of the forum.

The forum may also contain messages from special guests invited by PM. The opinions of such guests are personal and do not necessarily represent the views of PM. Additionally, messages will be submitted by users over whom PM has no control. It is possible that some users will breach the above-listed rules, but PM has no responsibility in that regard. You acknowledge that PM cannot guarantee the accuracy, integrity or quality of the messages posted on the forum and that PM cannot be held liable for their contents. You also acknowledge that you bear all risk associated with your use of the forum and should not rely on messages in making (or refraining from making) any specific investment or other decisions.

Posting Developed Materials

You acknowledge, represent and warrant that all tangible and intangible materials, including texts, drawings, designs, photographs, videos, sketches, and all other materials and ideas, which you have posted on the Website (" Developed Materials") are your original work for which you have the related intellectual property rights or work to which you have obtained exhaustive intellectual property rights. You also acknowledge, represent and warrant that such Developed Materials do not and will not infringe the intellectual property rights of any third party.

You acknowledge and agree that by posting the Developed Materials on the Website you relinquish all rights to such Developed Materials and that such Developed Materials shall belong to PM (unless PM notifies you otherwise) and shall be subject to PM’s and its designees’ unrestricted use.

You acknowledge and agree that by posting Developed Materials on the Website, you automatically and irrevocably assign to PM all intellectual property rights therein, free and clear of any liens, claims or other encumbrances, to the fullest extent permitted by law, as from the date of creation of such Developed Materials and you waive any moral rights there into the fullest extent permitted by law.

All Developed Materials may be used, altered, duplicated and/or reproduced in all forms and for all media, whether known or unknown, including all electronic media, worldwide, by PM and its designees. You hereby agree to any alteration, modification or combination of any Developed Materials. PM may combine any Developed Materials with any other elements, information, materials, works or designs to which PM has or may obtain rights from any source. You acknowledge and agree that you shall not receive any form of compensation for use of the Developed Materials in any manner and waive any right to be named as the author of such Developed Materials.

Disclaimer

Your use of the Website is at your sole risk. The Website is provided on an "as is" and "as available" basis. PM and its affiliates expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties that the Website and Materials are non-infringing, accurate and appropriate; that access to the Website will be uninterrupted and error-free; that the Website will be secure; that the Website or the servers that make the Website available will be virus-free; or that information on the Website will be complete, accurate, appropriate and timely. If you download any Materials from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Materials. In addition to the above, you assume the entire cost of all necessary servicing, repair or correction.

Indemnification

You agree to indemnify, defend and hold harmless PM and any of its affiliates or subsidiaries, and its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising out of or resulting from any violation of these Terms and Conditions(including but not limited to negligent or wrongful conduct) by you or any other person accessing the Website using your username and password. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.