TERMS OF USE FOR IQOS CUSTOMER SUPPORT WEBSITE

Last updated: Aug 24, 2021

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 WEBSITE.

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 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, NRIC (or equivalent document), country of residence, e-mail address and telephone number. We will process 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 before 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 without notice to you. 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

The terms and conditions under this “E-Commerce” section governs all sales and purchases of products via the Website. All transactions and orders fulfillment arising out of this Website are managed by our appointed E-Commerce partner (which may be changed from time to time without any notice). For more information about our E-Commerce partner, please see Contact Us (“E-Commerce Partner”).

By placing your order on the Website, you agree that the terms and conditions under this “E-Commerce” section shall be entered into between you and the E-Commerce Partner. Philip Morris International group of companies are not responsible for any disputes arising from the sales and purchase of any products through the Website.

The term “we” under this “E-Commerce” section shall refer to the E-Commerce Partner only.

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 the age of 18 and above

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.

E-Wallet

• E-Wallet option is available via our our Payment Service Provider (“PSP”). Our PSP accepts GrabPay, Maybank QRPay, TnGDigital & Boost.

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 10 working days, you may contact us to cancel the order and we will refund you any money paid.

Refund for payments made via credit card/e-wallet principal will take 7-14 working days and will be refunded to your card/ewallet account.

Refunds for payments made via online banking will take 7-14 working days from the date you provide us with your bank account details. We will contact you for such purpose.

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.