IQOS CLUB

IQOS CLUB
 Terms and Conditions for participating in IQOS CLUB

Last updated: [April 2021]

1. Overview of IQOS CLUB

 

1.1 IQOS CLUB is a status-based program for our loyal IQOS customers. Through IQOS CLUB you are able to collect Status Points by taking certain actions, and in return, we offer you Benefits including one-of-a-kind events and experiences, a chance to win prizes and special offers.

1.2 We use certain defined terms in these Terms which are in bold. A list of these defined terms is provided at paragraph 16.

 

2. Application of Terms

 

2.1 These terms and conditions (Terms) are applicable to and govern your participation in the IQOS CLUB program (IQOS CLUB). You should read these Terms carefully as they affect your legal rights and govern your relationship with the company Philip Morris Operations A.D. Niš, 18000 Niš, Bulevar 12. februar 74 (PMOP). 

2.2 For the duration of your membership, you agree to be bound by these General Terms. If you do not agree (or cannot comply with these Terms you may cancel your membership at any time by contacting IQOS Customer Care Call Center (email: contact.rs@iqos.com; free call 0800 800 808). Your IQOS CLUB membership and Terms are valid in the country of your registered residence as per our IQOS database.

2.3 We reserve the right to amend these Terms and the mechanics, services and Benefits of IQOS CLUB upon notice at any time. If you do not agree to any such amendments, you may terminate your membership of IQOS CLUB.

2.4 No modification of these Terms by you is permitted unless PMOP expressly agrees in writing.

 

3. Eligibility

 

3.1 Your use of IQOS CLUB is at our discretion and we may refuse your application for any reason. We may also terminate your right to use IQOS CLUB for any reason including if you breach any of these Terms.

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

3.3 IQOS CLUB membership is only open to natural persons. Companies, partnerships, unincorporated associations and other legal entities are not eligible for membership.

 

A member of IQOS CLUB may not have multiple memberships. You must maintain only one account in the IQOS CLUB.

 

4. Membership conditions

 

4.1 To become IQOS CLUB member you must have at least one registered and eligible device as described in paragraph 4.2 (Device) in our database. If you more than one registered Device, you will still only have one IQOS CLUB membership. If we change these Terms, and you then use the services and Benefits of IQOS CLUB, or you register another Device, you agree to be bound by the changed Terms. You can register the Device: (i) at your profile page on iqos.com to participate in IQOS CLUB program; (ii) by calling the customer service center at [0800 800 808] or; (iii) at a participating IQOS store.

 

4.2 You may have the following Device models for purposes of your membership to IQOS CLUB:

4.2.1 IQOS 2.4, IQOS 2.4+, IQOS 3, IQOS 3 Duo

4.2.2 IQOS 3 MULTI

4.2.3 If applicable, any future IQOS Devices which qualify you for membership to IQOS CLUB.

 

4.3 Registration may be done at any time provided that you are of legal age and a registered user of one of the specified models of the Device.

4.4 Membership of IQOS CLUB and the services and Benefits it provides are personal to you, and may not be transferred to any third party.

4.5 IQOS CLUB is only available in certain countries. Your use of IQOS CLUB is linked to your country of residence. If you change your country of residence, then your membership in that country automatically expires and you must inform us and reapply to use IQOS CLUB in your new country of residence (if IQOS CLUB is available in that country).

 

5. IQOS CARE PLUS

 

Your membership of IQOS CLUB entitles you to complimentary access to IQOS CARE PLUS linked to the duration of your Device warranty period where you can benefit from special care and service for your registered Device. See more information about IQOS CARE PLUS here [https://rs.iqos.com/en/terms/6-care-plus]. Please note that IQOS CARE PLUS is subject to separate terms and conditions available at [https://rs.iqos.com/en/terms/6-care-plus].

 

6. Benefits

 

6.1 As a result of your membership to IQOS CLUB and based on your Status Level, you will be entitled to the Benefits listed on the IQOS CLUB benefits page, see here [<https://rs.iqos.com/en/club/how-it-works].

6.2 You may receive Benefits through the collection of Status Points and reaching different Status Levels. The process for earning Status Points is described in paragraph 7. The choice of Benefits you may receive is subject to their availability.

6.3 Only you may request Benefits based on your Status Level. Benefits may only be used by you unless the specific Benefit expressly provides for other persons to use it.

6.4 Benefits must be used during the term of your Status Period, alternatively and if applicable, within the time period attached to the Benefit. Benefits not used within the given period shall expire. Failure to utilize a Benefit that is booked for a specific date or time will result in the Benefit being canceled.

6.5 Certain Benefits (Purchase of a new device for 1.000 RSD) apply only to the highest Status Level (Platinum). PMOP can change these Benefits at any moment, and they can be used only once during the Status Period

6.6 Some Benefits may be provided by our service partners (Service Partners). Benefits from Service Partners may be subject to the Service Partner’s terms and conditions. PMOP will use reasonable efforts to ensure the availability of such Benefits, but will not be liable for any loss arising from the failure of a Service Partner to provide such Benefit except where such failure is caused by PMOP. In such case, the liability of PMOP shall be limited to the monetary value of the Benefit.

6.7 PMOP reserves the right to: (i) discontinue relationships with Service Partners and access to such Benefits for any reason at any time; and (ii) to modify the Benefits at any time for any reason. Upon any such change PMOP will notify you, for example through updates on the IQOS CLUB website or through email

6.8 If you receive any benefit or gift from us, and If you decide to post on social media content about this gift, it should be done responsibly. IQOS is not risk-free and is only for adults who would otherwise continue smoking, so your content should not be noticed by persons under 18 or non-smokers. If appropriate, you should disclose you received this gift from us.

 

7. Status Points and Monetary Vouchers

 

7.1 As a member of IQOS CLUB you are able to earn Status points (Status Points) for activities with PMOP and our Service Partners in one of the following ways: Purchase of a new IQOS device, Purchase of IQOS accessories, IQOS Referral (using your Referral Code), Visiting of the IQOS stores. PMOP may, at its discretion, at any time, change the rules and methods for obtaining Status Points, subject to prior notification.

7.2 Status points are earned by activity. Detailed information about status points can be found at https://rs.iqos.com/en/club/how-it-works

7.3 Status Points can only be earned by you, and may not be transferred to another member or any third party.

7.4 Status Points are recorded by PMOP in your membership account. Status Points are not redeemable.

7.5 In case of any dispute about entitlement to Status Points, PMOP may require you to provide proof of performance of the activity for which you claim Status Points. Claims must be received by PMOP within six (6) months of the activity.

7.6 Status Points may not be used with any other Status or loyalty program.

7.7 From time to time, PMOP may offer monetary vouchers for IQOS CLUB members. Such vouchers may be offered for the services of IQOS CLUB Partners. For them, general Terms will be applied and published with each voucher offer and, in the event of a conflict, take precedence over these Terms.

 

8. Status Level

 

8.1 IQOS CLUB has three Status levels: Silver, Gold, and Platinum (Status Level). Your Status level determines the services and Benefits that you are entitled to as a member of IQOS CLUB.

8.2 When you join IQOS CLUB you will automatically be given relevant status based on your past activity that, in this case, assumes, number of successful referrals achieved till the first login into IQOS Club. In case you do not have any referral you will be assigned to Silver status for your first Status Level Period.

8.3 The number of Status Points you earn in each calendar year determines your Status Level for the next one. When you collect enough points, your status will automatically advance to the next level. At the end of each calendar year your Status Points return to zero and your Status Level is reviewed by PMOP and will be updated according to the number of Status Points you have accumulated in previous full calendar year. The current number of Status Points is described at each member’s profile page. PMOP may at its discretion change the number of Status Points needed for each Status Level upon notice at any time.

8.4 Progressions start from Silver to Gold, Gold to Platinum, depending on the number of Status Points accumulated in the full calendar year. Unless sufficient points are accumulated during the next calendar year, required to retain the current status, the status will be degraded to the lower one.

 

You agree:

 

• not to misuse the IQOS CLUB program, including its services and Benefits;
• not to obtain Status Points or Benefits by fraud;
• to treat our staff and those of our Service Partners with courtesy and respect;
• to keep your membership account, safe and secure;
• to comply with applicable law; and
• to comply with these Terms.
• PMOP has the right to test the participation of any member of the IQOS Club in order to detect any intentional or unintentional irregularities in the use or misuse of the Referral Code, for the purpose of obtaining personal gain. Testing is performed when one Referral Code is used more than 5 times. A member can share his or her Referral Code in any way they wish, as long as this type of communication can be characterized as personal communication. Advertising or mass promotion of the Referral Code is strictly prohibited and will result in immediate exclusion from the IQOS Club. PMOP reserves the right to terminate the Code based on test results, and in the event of misuse, cancel any previously achieved result using such a Referral Code. Any member whose Referral Code is deactivated automatically loses the right to enter the IQOS Club.
• PMOP will receive, store, and otherwise process your personal information in connection with administering the IQOS CLUB and your participation in it. To learn how we will use your personal information collected in connection with your IQOS CLUB account, read the PMOP Privacy Notice at https://www.pmi.com/privacy-notice.For the full service of IQOS CLUB you will receive communications from IQOS CLUB regarding the program.

 

9. Term and Termination

 

9.1 The term of your membership in IQOS CLUB is from the date of your acceptance of these Terms and continues while your registered Device is under warranty and/or you are an active member, i.e. in any six month period you have purchased at least one IQOS-related item and/or you have responded to one communication or touchpoint from us (Active Member). After the expiration of your Device warranty and if you stop being an Active Member, then your membership to IQOS CLUB will expire automatically within four weeks from the date of such inactivity in order to allow you the opportunity to make use of any unused vouchers and/or Benefits that you might have received during your membership period.

9.2 You may terminate your membership of IQOS CLUB at any time with immediate effect by notifying PMOP at [contact.rs@iqos.com; 0800 800 808].

9.3 PMOP may terminate your membership with IQOS CLUB at any time with immediate effect if you breach these Terms. PMOP may also terminate your membership for any reason upon 30 days’ notice.

9.4 Upon termination or expiration of your membership you are no longer entitled to receive any of the services and Benefits of IQOS CLUB, excluding those of IQOS CARE PLUS which will remain in effect until the expiration of your Device warranty. Any unused vouchers and Benefits are cancelled automatically within the four week period.

 

10. Warranty/Representation/Limitation of Liability

 

10.1 As your membership of IQOS CLUB is free of charge, it is provided ‘As Is’ and without any warranty.

10.2 PMOP makes no representations as to any income, use, excise or other tax liability you may incur as a result of your membership of IQOS CLUB. You are advised to check with your accountant or tax adviser for further information, and are solely responsible for any tax liability incurred as a result of your membership of IQOS CLUB, redemption of vouchers, or receipt of Benefits.

10.3 PMOP 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 CLUB or your use of any of the services or Benefits related to the IQOS CLUB. PMOP shall not be liable for any of the losses described in this paragraph 10.3 even if you have informed PMOP of the possibility of such losses.

10.4 Nothing in this paragraph 10 excludes any liability that cannot be excluded by applicable law.

 

11. Ownership and Risk

 

11.1 Ownership of Status Points and Benefits remains with PMOP at all times and never passes to you. You have a right to use Benefits in accordance with these Terms.

11.2 Risk in Benefits and vouchers passes to you as soon as you redeem a Benefit or make use of a voucher.

 

12. Non-Transferability

 

12.1 Other than as specifically notified by PMOP for a particular Benefit in writing, Status Points, vouchers and Benefits are not redeemable for cash, refundable or exchangeable. At no time may Status Points, vouchers and Benefits be purchased by, sold to, bartered or otherwise transferred to any third party including any other member unless specifically authorized to do so. PMOP may cancel any Status Points, vouchers and Benefits dealt with in this way.

12.2 Any attempted sale or transfer of Status Points, vouchers or Benefits contrary to these Terms is a material breach and will automatically result in the termination of your membership.

 

13. Miscellaneous

 

13.1 Given that membership in IQOS CLUB is free, it is made available as is, without any warranty whatsoever.

13.2 For questions, enquiries and contact information about IQOS CLUB please contact us here [rs@iqos.com].

13.3 PMOP reserves the right to suspend or discontinue the eligibility of you or any person who uses, or, in the case of suspension, is suspected of using, IQOS CLUB in a manner inconsistent with these Terms or applicable law. In addition to suspension or discontinuance of IQOS CLUB eligibility, PMOP shall have the right to take appropriate administrative and/or legal action, as it deems necessary in its sole discretion.

13.4 PMOP’s failure to enforce these Terms shall not constitute a waiver of these Terms, or any of its provision.

13.5 Accumulation of Status Points, vouchers and Benefits is determined by PMOP in its sole discretion.

13.6 Upon the death of any member, any Status Points, vouchers and Benefits accumulated by that member are automatically cancelled.

13.7 All questions or disputes regarding eligibility for the IQOS CLUB, the availability of Benefits, or your compliance with these Terms will be resolved by PMOP in its sole discretion. The decision of PMOP shall be binding.

13.8 PMOP is not responsible for any incorrect or inaccurate information supplied by you while participating in IQOS CLUB, nor for any lost or misdirected communications to or from you regarding the IQOS CLUB.

13.9 You are responsible for maintaining updated contact information on your IQOS CLUB account.

13.10 Notices by PMOP hereunder may be made in writing including by email.

13.11 These Terms are subject to the laws of the registered office of PMOP. Any legal dispute will be subject to the exclusive jurisdiction of the city in which PMOP has its registered office.

13.12 Any provision of these Terms declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.

13.13 If there is any conflict in meaning between the English language version of these Terms and Serbian language version, the Serbian language version shall prevail.

 

14. Definitions