Last updated: 05.01.2024

1. Introduction

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

Who are we? We are 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 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.

Further terms: If you wish to use certain sections of this Website or take advantage of any member programs we offer to you through it, there may be other terms and notices you will need to be aware of. If this is the case, such terms and notices 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 may 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.

2. Use of the Website:

This Website is not for use by anyone under the age of 21. If you are aged under 21, you may not access this Website. The products offered for sale on these Websites are intended only for those aged 21 or over who would otherwise continue to smoke or use other nicotine-containing products residing in the US (“Intended User”). Products may not be purchased by or for anyone under the age of 21.

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. We will store and use the information you provide us with in accordance with our Privacy Notice.

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 guarantee that you won’t share access to your account with 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 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 account information, or of any other breach of security of which you become aware that involves your account or the Website.

3. 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.

4. Use of the Website and Materials

You acknowledge and agree that all intellectual property rights in all material or content supplied as part of the Website, including all copyright, trademarks and other intellectual property, remains at all times vested in Philip Morris Products S.A. You are allowed to use this material only if and as expressly authorized by Philip Morris Products S.A. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only. You may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You may not directly or indirectly copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of material and content supplied on the Website.

5. License to use comments, feedback and ideas

You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to us a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

6. Third Party Links

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.

7. Privacy and cookies

To the extent that on 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 Policy.

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

8. Disclaimer

WE DO NOT PROMISE THAT THE WESITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WESITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WESITE AND/OR ANY OUR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WESITE AND ANY LINKED WESITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Also:

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

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

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.

9. Viruses

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

10. Limitation 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.

11. Indemnity

You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the Website.

12. Jurisdiction and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York in the United States of America. You irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the Borough of Manhattan, City, County and State of New York, United States of America for disputes arising from or related to these Terms.

13. Other important rights that we have under these Terms

We may transfer our rights and obligations under these Terms to another organization, 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.

14. How to Contact Us

Please contact us at contact.us@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.