Terms of use for IQOS website

Introduction

Welcome to www.iqos.com ("Website"), a web site owned and operated by or on behalf of Philip Morris International, Lausanne, Rhodanie 50

Who are we? We are a member of the Philip Morris International group ofcompanies. 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”), along with the Privacy Notice and Cookie Notice. 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.

Products: Products displayed on the Website are to be used with tobacco products (sticks). Therefore these products are designed for adult smokers only. Tobacco 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 consume 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 name, age, country of residence and e-mail address/telephone number. We will hold this in accordance with our Privacy Notice (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.

Furthermore, you are not authorized to download, communicate, transmit, distribute or otherwise publish, on the Website, any content that:

(a) is unlawful, threatening, harassing, profane, criminal, defamatory, vulgar, obscene, deceptive, fraudulent, contains representations or descriptions of a sexual nature, in explicit or graphic form (including, without limitation, use of sexual language of a violent or threatening nature directed against an individual or group of individuals), violates the privacy of others, or is hateful;

(b) limits or prevents other users from using or enjoying the Website;

(c) constitutes or encourages any conduct that constitutes a criminal offense or is capable of giving rise to civil liability; or

(d) contains a virus or any other harmful element, constitutes an advertisement in one way or another, or contains false or misleading representations as to the origin or the statement of facts.

You also agree:

(a) not to use false identities;

(b) not to download, communicate, publish, transmit, reproduce, distribute or otherwise exploit any information or content obtained through the Website for any commercial purpose;

(d) not to communicate any personal data relating to an individual unless such individual has expressly and specifically consented to such communication of his/her personal data to us for the specific purpose at stake.

It is forbidden to modify, copy, reproduce, distribute, republish, download, communicate or transmit the contents of the Website in any way without our prior consent.

In case of breach of any of these Terms, we reserve the right to close your account without compensation and without prior notice.

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. 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.

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 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 (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:

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

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

3. 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.

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.

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 contact.kg@iqos.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.