TERMS OF USE FOR IQOS CUSTOMER SUPPORT WEBSITE

Last updated: Dec 4, 2019

Introduction

You have been guided here in connection with your use of the IQOS Customer Support Website (the “Website”) that is operated by a member of the Philip Morris International group of companies.

Who are we? We are a member of the Philip Morris International group of companies.

How do you accept these terms? If you use the Website, you accept these terms of use (“Terms”). If you do not agree to be bound by these Terms, do not use the Website. These Terms will be drawn to your attention before you log on to the Website for the first time. 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.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE TOUCHPOINT.

Further terms: If you wish to use certain sections of this Website, those 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 adults aged 18 years and above who have purchased and are using an IQOS Device and/or any of its accessories, and residing in Malaysia (“Intended User”). 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 will be name, age, country of residence and e-mail address/telephone number. We will hold this in accordance with our Privacy Policy (see the “Privacy and Cookies” section below for more information.)

Registration and your information

If you want to use the Website, you’ll have to create an account. You should do this when you purchase an IQOS device. 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. 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 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 Malaysia 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 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 Policy. 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 Policy and Cookie Notice before using the Website and, like these Terms, we may change them at any time.

Disclaimer

Although we do our best to provide an informative Website that will provide you with information on the proper usage, maintenance, and care for your IQOS device, 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:

  • 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 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 as 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 Malaysia (the “Jurisdiction”) govern these Terms and your use of the Website. You irrevocably consent to the exclusive jurisdiction of the courts located in Malaysia for any action to enforce these Terms.

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 our IQOS Customer Support at 1800-88-3858 or contact us via www.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.

E-COMMERCE

We reserve the right not to accept any orders received by us. Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock
  • Our inability to obtain authorisation for your payment and/or suspected fraud
  • The identification of a pricing or product description error
  • Our inability to deliver to your specified delivery address
  • You not meeting the eligibility criteria set out in these Terms, including us suspecting that you are not over the age of 18

You can make payment for your order by various methods available on our website. The following terms shall apply to the below types of payment:

Credit Card

  • Credit card payment option is available via our Payment Service Provider (“PSP”). Our PSP accepts all major credit cards in Malaysia.

Online Banking

  • By choosing this method, payment for the products will be remitted to our PSP’s account for the total amount charged for your order (including any applicable taxes, fees and handling costs). The transaction is only payable in Ringgit Malaysia.
  • For the time being, our PSP accepts online bank transfers from all major banks in Malaysia.

Our PSP handles your credit card and online banking information in accordance with Payment Card Industry Data Security Standards (PCI DSS).

Delivery of the products shall be made to the address specified in your order. If delivery is delayed by more than 7 working days, you may contact us to cancel the order and we will refund you any money paid.

We require a person aged 18 years and above to sign for the delivery. Without this, we cannot complete the delivery and our IQOS Customer Support will contact you to make alternative arrangement if delivery is not possible.

You need to keep the receipt of the delivered products in case of future reference to us about it.

Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provided us and arrange for cancellation of the order, or delivery to an alternative delivery address.

We will take all reasonable care to ensure that all details, descriptions and prices of the products appearing on the website are correct. Although we aim to keep the website as up to date as possible, the information including the product descriptions appearing on this website at a particular time may not always be updated.

 

Terms and Conditions for participating in the IQOS Care Plus Program

 

Last updated: February 26, 2020

 

  1. Application of Terms/Eligibility

1.1     These terms and conditions (Terms) are applicable to and govern your participation in the IQOS Care Plus program (IQOS Care Plus). You should read the Terms carefully as they affect your legal rights and govern your relationship with Philip Morris Malaysia Sdn. Bhd. (Philip Morris).

1.2     You are only eligible for membership of IQOS Care Plus if: (i) you are an adult smoker or IQOS user aged 18 years and over and you are registered in our IQOS database; and (ii) your main residence is in a country where IQOS Care Plus is available.

1.3     To participate in IQOS Care Plus you must register an eligible device as described in paragraph 2.1 below (Device) in our database either by calling Customer Service Center or at any participating IQOS Authorised Care Centres (IACC) or IQOS store.

1.4     By signing up for IQOS Care Plus, clicking ‘I Agree’ or a similar button, or registering for IQOS Care Plus through a customer service center, at any participating IACC or IQOS store or otherwise using IQOS Care Plus, you agree to be bound by the Terms. Likewise, if you register another Device, or if we change the Terms, and you then use IQOS Care Plus, you agree to be bound by the Terms. Your acceptance of the Terms is deemed to occur in the country of your registered residence according to our IQOS database.

1.5     If you do not agree (or cannot comply) with the Terms, then you are not permitted to use IQOS Care Plus.

1.6     No modification of the Terms by you is permitted unless Philip Morris expressly agrees to any such modification in writing.

1.7     Your use of IQOS Care Plus is at our discretion and we may refuse your application to use, or we may terminate your right to use IQOS Care Plus for any reason including if you breach any of the Terms.

1.8     We also reserve the right to amend the Terms and IQOS Care Plus upon notice at any time. If you do not agree to any such amendments you may terminate your IQOS Care Plus membership.

  1. Eligible Devices/Registration

2.1     The following Device models are eligible for registration in IQOS Care Plus:

(a)   IQOS 2.4, IQOS 2.4+, IQOS 3, IQOS 3 DUO or Holders and Chargers thereof

(b)   IQOS 3 MULTI

2.2     The Device must have a readable and valid serial number. Second hand Devices are not eligible for registration.

2.3     If you are already registered in our database and purchased any of the Devices from November 8, 2018 up to December 3, 2018 you become an IQOS Care Plus member upon your acceptance of the Terms.

2.4     For all new IQOS users who register in our database after December 3, 2018 you become an IQOS Care Plus member by accepting the Terms and registering your Device within 30 days of the purchase date.

2.5     In completing the registration process you must provide all required mandatory information in an accurate and complete manner and keep this information up-to-date. If you do not complete the mandatory fields in the application form (such as, for example, age, smoker status, email address and/or phone number) your application will not proceed. If you provide inaccurate or incomplete information Philip Morris reserves the right to terminate your IQOS Care Plus membership without notice.

2.6     Following the registration process for IQOS Care Plus you will be informed whether your registration is successful. Membership of IQOS Care Plus and the services provided are personal to you and may not be transferred to any third party.

2.7     Your use of IQOS Care Plus is linked to your country of residence. As IQOS Care Plus is only available in certain countries if you change your country of residence, then you must inform us and reapply to use IQOS Care Plus in your new country of residence.

  1. Term and Termination

3.1     The term of your membership in IQOS Care Plus is from the date of your acceptance of the Terms and is valid within the remaining duration of your 12 months’ IQOS voluntary warranty period in the country of purchase.

3.2     You may terminate your IQOS Care Plus membership at any time with immediate effect by calling 1800-88-3858. Upon termination of your membership you are no longer entitled to receive the Services for any of your Devices.

3.3     Philip Morris may terminate your membership with IQOS Care Plus at any time with immediate effect if you breach the Terms. Philip Morris may also terminate your membership for any reason upon 30 days’ notice.

3.4     Membership of IQOS Care Plus entitles you to the services described in paragraphs 4 and 5 (Services).

  1. Accidental Damage

4.1     If your Device suffers accidental and unintended damage that affects the functionality of your Device which is not caused by your misuse or reckless behavior (Accidental Damage) you may be eligible for a replacement Device as described in this paragraph 4.

4.2     You must give the damaged Device (including all components) to Philip Morris and you will be provided with a replacement IQOS device of the same type equivalent to a new Device in performance and reliability. If a replacement IQOS device of the same type is not available, an IQOS device which is at least functionally equivalent will be provided as a replacement. Philip Morris will keep all replaced Devices. If only part of the Device is damaged e.g. the holder or the charger, then only the damaged part will be replaced and Philip Morris will only keep the replaced part of the Device.

4.3     Limitations from Accidental Damage

(a)     You must take all reasonable precautions to protect your Device and use and maintain the Device in accordance with its instructions and User Guide. If you do not do so then you are not entitled to a replacement Device.

(b)     You are limited to one replacement Device for Accidental Damage for each registered Device. After the first claim is settled, the Accidental Damage in your country of residence and associated Rapid Replacement on this program will cease. However, you can still receive the remaining Services for your Device until the end of your membership term.

(c)     You are not entitled to a replacement Device where the Accidental Damage was caused prior to the launch date of IQOS Care Plus or where any of the following circumstances are applicable:

(i)      any product that is not an eligible Device as per the list contained in paragraph 2.1;

(ii)      damage caused by abuse or misuse, or actual, or attempted, modification or alteration of the Device, power surge;

(iii)    Devices with a serial number that has been altered, defaced or removed;

(iv)     Devices that have been opened, serviced, modified or altered in a manner not authorized by Philip Morris;

(v)     the loss or theft of your Device;

(vi)     cosmetic damage to your 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;

(vii)    damage or failure caused by normal wear and tear and/or usage of the Device;

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

(ix)     malfunction due to use with non-compatible product;

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

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

4.4     Making a claim under Accidental Damage

(a)     You must:

(i)      report your claim to Philip Morris via any IACC or IQOS store as soon as possible and no later than fourteen (14) days from the date your Device suffers Accidental Damage, including the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem;

(ii)      if requested by Philip Morris, you must provide proof of purchase for your Device; and

(iii)     otherwise comply with Philip Morris’s return Devices authorization process.

(b)     You may also make a claim via Customer Service Center by calling 1800-88-3858 and provide the same information detailed in paragraph 4.4(a).

(c)     You must not send Philip Morris products and accessories that are not supported by Accidental Damage replacement. If you send Philip Morris these items they will not be returned and they will be destroyed.

(d)     Philip Morris will determine whether you are entitled to a replacement Device in accordance with the Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways:

(i)      Courier delivery. A replacement Device will be couriered to you and you must send the affected Device to Philip Morris

(ii)      Carry-in service. You can return your affected Device to any participating IACC or IQOS store and participating IQOS service points and you will be provided with a replacement.

(iii)     Mail-in service. Philip Morris will provide you with prepaid postage and packaging required so that you can send your affected Device Equipment to Philip Morris. Once the screening is complete, Philip Morris will either return the Device or send a replacement to you. Philip Morris will pay postage costs to and from your location if all instructions are followed by you.

(e)     If you seek to claim a replacement Device in a country that is not the country of purchase, you will need to comply with all applicable import and export laws and regulations, and you will be responsible for all customs duties, value added tax and other associated taxes and charges that may apply.

  1. International Assistance

5.1     You have access to an international toll free number (charges may apply in some locations) when traveling abroad to countries where IQOS is commercialized by Philip Morris or its affiliates or an authorized partner. This service includes troubleshooting assistance from experienced IQOS agents and if required, replacement of your Device within (i) Accidental Damage in accordance with the Terms or (ii) IQOS Device issues defined in terms of material or workmanship when used in accordance with the IQOS User Guide.

5.2     Service options, Device availability, response and delivery times may vary according to country.  This service will not affect your statutory rights and rights under IQOS voluntary warranty valid in the country of purchase.

5.3     Limitations from International Assistance

(a)     The limitations contained in paragraph 4.3 (Limitation) apply to Accidental Damage replacement under International Assistance.

(b)     The following are excluded from replacement of IQOS Device issues defined in terms of material or workmanship when used in accordance with the IQOS User Guide the service:

(i)      damage caused by normal wear and tear;

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

(iii)     damage caused by misuse, power surge, improper handling, liquid contact or fire;

(iv)     malfunction due to use with non-compatible product;

(v)     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

(vi)     damage or malfunction caused by failure to use as described in the associated IQOS User Guide.

5.4     Making a claim under International Assistance

(a)     You must:

(i)      report your claim to Customer Service Center by telephoning the number 1800-88-3858 as soon as possible and no later than fourteen (14) days from the date your Device suffers Accidental Damage or IQOS Device issues defined in terms of material or workmanship when used in accordance with the IQOS User Guide, including the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem;

(ii)      if requested by Philip Morris, you must provide proof of purchase for your Device; and

(iii)     otherwise comply with Philip Morris’s return Devices authorization process.

(b)     Philip Morris will determine whether you are entitled to a replacement Device in accordance with the Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways:

(i)      Courier delivery.  A replacement Device will be couriered to you and you must send the affected Device to Philip Morris

(ii)      Carry-in service. You can return your affected Device to any participating IACC or IQOS store and participating IQOS service points and you will be provided with a replacement.

(iii)     Mail-in service. Philip Morris will provide you with prepaid postage and packaging required so that you can send your affected Device Equipment to Philip Morris. Once the screening is complete, Philip Morris will either return the Device or send a replacement to you. Philip Morris will pay postage costs to and from your location if all instructions are followed by you.

(c)     You will need to comply with all applicable import and export laws and regulations, and you will be responsible for all customs duties, value added tax and other associated taxes and charges that may apply.

  1. Other Services

6.1     IQOS Coach. You will have access to a dedicated remote coach for supporting you in the proper usage and maintenance of the IQOS device. Access is during normal business hours in your country of residence.

6.2     Rapid Replacement Service. This service provides for rapid replacement of your Device within a guaranteed time period in case of Accidental Damage and/or where you have a valid claim for IQOS Device issues defined in terms of material or workmanship when used in accordance with the IQOS User Guide. For a replacement due to Accidental Damage, you are limited to one Rapid Replacement Service.  Eligibility for this service is determined by Philip Morris. This service is only applicable in the selected locations of your country of registration.

  1. Your Obligations.

You agree:

(a)     not to misuse the IQOS Care Plus program and the Services;

(b)     to keep your membership account safe and secure;

(c)     where an exchange takes place, then any replacement Device becomes your property and the replaced Device becomes the property of the entity which makes the exchange; and

(d)     to comply with applicable law.

  1. Warranty/Limitation of Liability

8.1     As your membership of IQOS Care Plus is free of charge, it is provided ‘As Is’ and without any warranty.

8.2     Philip Morris shall not be liable to the maximum extent permitted under applicable law whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct losses, loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your membership of IQOS Care Plus or your use of the Services. Philip Morris shall not be liable for any of the losses described in this paragraph 8.2 even if you have informed Philip Morris of the possibility of such losses.

8.3     Nothing in this paragraph 8 excludes any liability that cannot be excluded by applicable law.

  1. Miscellaneous

9.1     IQOS Care Plus is not an insurance policy.

9.2     IQOS Care Plus is currently provided free of charge.

9.3     Details of the processing of your personal data that you provide us are described in our Privacy Notice available at www.pmiprivacy.com/en/consumer.

9.4     The Terms are subject to the laws of the registered office of Philip Morris. Any legal dispute will be subject to the exclusive jurisdiction of the city in which Philip Morris has its registered office.

9.5     For questions, inquiries and contact information please call 1800-88-3858.