MyIQOS
Terms and Conditions

1. Application of Terms/Eligibility

1.1 These terms and conditions (Terms) are applicable to and govern the IQOS Customer Care program (MyIQOS). You should read these Terms carefully as they affect your legal rights and govern your relationship with Philip Morris South Africa (Pty) Ltd, 3 Bridgeway Road, Bridgeway Precinct, Century City, 7440 (Philip Morris) as it relates to MyIQOS.

1.2 You are only eligible for membership of MyIQOS 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) you are ordinarily resident in South Africa.

1.3 To be able to participate in MyIQOS you must register an eligible device as described in paragraph 2.1 (Device) in our database either at iqos.com, by calling the customer service center, with an IQOS coach or at a participating IQOS store.

1.4 When you register your device, you will also be automatically registered for MyIQOS. You may unsubscribe from MyIQOS at any time by calling the customer service centre on 0800043387.

1.5 No modification of these Terms by you is permitted unless Philip Morris expressly agrees in writing.

1.6 Your use of MyIQOS is at our discretion and we may refuse your application to use, or we may terminate your right to use MyIQOS for any reason including if you breach any of these Terms.

1.7We also reserve the right to amend these Terms and MyIQOS upon notice at any time. If you do not agree to any such amendments your membership of IQOS Care Plus will automatically immediately be terminated without any further action.

2. Eligible Devices/Registration

2.1 All IQOS devices sold in South Africa are eligible for registration in MyIQOS

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

2.3 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 membership of MyIQOS without notice.

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

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

3. Term and Termination

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

3.2 You may terminate your membership of MyIQOS at any time with immediate effect by notifying Philip Morris on 0800043387. 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 MyIQOS at any time with immediate effect if you breach these Terms. Philip Morris may also terminate your membership for any reason upon 30 days’ notice.

3.4 Membership of MyIQOS entitles you to the services described in paragraphs 4 (Accidental Damage) and 5 (Services).

4. Accidental Damage

4.1 If your Device suffers accidental 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 pocket charger, then only the damaged part will be replaced and Philip Morris will only keep the replaced part of the Device.

(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 MyIQOS 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.

4.3 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 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 MyIQOS 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;

improper handling, or liquid contact, damage from fire, flood, or natural disaster, state of emergency, war, terrorism, or acts of God;

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

(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 as soon as possible and no later than 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) follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and

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

(b) You may also make a claim via customer service center by telephoning the number provided at www.iqos.com for your country of residence and providing 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 these 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 a participating IQOS store and participating IQOS service points where 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 return the Device or 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.

5. 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 an affiliate of Philip Morris 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 these 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 +80025592559 or +41215478888 as soon as possible and no later than 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) follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and

(iv) 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 these 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 a participating IQOS store and participating IQOS service points where 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 return the Device or 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.

6. Other Services

6.1 IQOS Coach. You will have access to a dedicated remote coach for supporting you in converting from cigarettes to IQOS by answering any questions you may have. Access is during normal business hours in your country of residence.

7. Your Obligations.

You agree:

(a) not to misuse the MyIQOS 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.

8. Warranty/Limitation of Liability

8.1 As your membership of MyIQOS 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 MyIQOS 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.

9. Miscellaneous

9.1 MyIQOS is not an insurance policy.

9.2 MyIQOS 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 PMI consumer privacy notice

9.4 These 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 refer to https://za.iqos.com/iqos-contact-us

About Philip Morris South Africa

Welcome to the Philip Morris South Africa (Pty) Ltd (“PMSA”) www.iqos.co.za (the “Site”) about us page. Established in 2003, our cigarette portfolio consists of Marlboro and Chesterfield, and we distribute our products domestically, as well as to export markets in the region.

Our aim is to decrease the impact smoking has on public health. This is why we are developing a portfolio of smoke-free products and are assessing their impact on individual and public health with rigorous scientific methods. We’re building PMI’s future on smoke-free products, such as IQOS, that are a much better choice than cigarette smoking.

Leonard Dingler (Pty) Ltd, an affiliate of Philip Morris South Africa, and also manufactures other tobacco products such as roll-your-own, pipe tobacco, and nasal snuff, inclusive of the market-leading pipe tobacco brands, Boxer and Best Blend. Today, over 600 people work for Philip Morris South Africa and Leonard Dingler. Together, we are the second-largest tobacco company in the country.

We also take pride in being ranked South Africa’s top employer of 2018.

Main Brands

IQOS Website Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms and Conditions of Use are a legal agreement between you (“you”) and Philip Morris South Africa (Pty) Ltd (“PMSA”, “we” or “us”) and govern your use of www.iqos.co.za (the “Site”) and the sale by PMSA to you of products (as that term is hereinafter defined) through the Site.

In order to use the Site, you must accept these Terms and Conditions of Use without change. By accessing this Site, you are indicating your acknowledgment and acceptance of these Terms and Conditions of Use and all related policies and guidelines of this Site.

These Terms and Conditions of Use or any other policies or guidelines governing the Site will be posted on the Site and are subject to change by PMSA at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms and Conditions of Use posted on the Site at the time of such use. Your continued use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms and Conditions of Use regularly. If you do not agree to any changes to these Terms and Conditions of Use, please immediately discontinue your use of the Site.

Registration Obligation

In order to use the Site, you must register with the Site, and in order to register with the Site you must be a legal smoking age and user of the IQOS device and products in this country, or older. If you choose to register with the Site, you agree to: (i) provide true, current and complete information about yourself in the manner provided for on the Site or otherwise as required by us; and (ii) maintain and promptly update the information about yourself to keep it true, current and complete in the manner provided for on the Site or otherwise as required by us. If PMSA believes the information that you provide is not correct, current, or complete, PMSA may, in its sole discretion, refuse you access to this Site, and terminate or suspend your access at any time.

Restrictions Of Use

You may use this Site for purposes expressly permitted by this Site, namely to use tobacco products or related products (the “Products”) and receive ongoing support from PMSA on safe use of these products. You may not use this Site for any other purpose without PMSA's express prior written consent.

Further, you are only permitted to use the Site for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from the Site for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:

• a. take any action that imposes or may impose (to be determined in PMSA's sole discretion) an unreasonable or disproportionately large load on PMSA's infrastructure;
• b. interfere or attempt to interfere with the proper working of the Site, or any activities conducted thereon;
• c. bypass any measures PMSA may use to prevent or restrict access.

Proprietary Information

(a) The Site and all information made available through the Site contain text, graphics, photos, logos, icons and other materials, (collectively, “Content”) furnished by PMSA. The Content is protected under copyright, trademark, and the laws of South Africa and other nations. All Content, including the collection, arrangement, and assembly of such content, is the exclusive property of PMSA and its licensors. You may not copy, sell, license, transfer, publish, reproduce, distribute, modify, display, distribute in any way, prepare derivative works based on, re-post or otherwise use any of the Content in any way for any public or commercial purpose without the prior written consent of PMSA.

(b) Permission is granted to you to download and make one printed copy of the Content for your own private use only, without alterations, so long as the following copyright notice is included: “Copyright © 2016, Philip Morris South Africa (Pty) Ltd. All rights reserved.” You do not acquire any ownership rights by downloading Content from the Site.

(c) trademarks and logos appearing in this Site are the property of PMSA or the party that provided the trade marks and logos to PMSA. PMSA and any party that provided trademarks, and logos to PMSA retain all rights with respect to their respective trademarks and logos appearing in this Site.

Nothing contained in this Site should be construed as granting any license or right to use any Content (including, for greater certainty, any trademark or logo) displayed on this Site.

User Names and Passwords

The Site may be accessed only by use of a login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized PMSA representative.

All user accounts accessed by a login name and password remain the property of PMSA, and may be cancelled or suspended at any time by PMSA without any notice or liability to you or any other person.

You must immediately notify PMSA of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Outbound Linking

Any link, (including hyperlinks, buttons or referral devices of any kind) used on the Site is provided for your convenience only, and you access any link at your own risk. The appearance of a link on the Site does not constitute an endorsement, recommendation or certification by PMSA, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with PMSA.

Inbound Linking

You may not (and may not authorize any other party to) (i) co brand this Site; (ii) frame this Site; or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of PMSA. For the purposes of these Terms and Conditions of Use, “co branding” means to display a name, logo, designs, slogans or marks or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site or which may confuse a user as the nature of the relationship between any party and PMSA. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from PMSA and at all times you will cooperate with PMSA following PMSA's discovery of such activity.

Use of any of the Site's or PMSA's content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner is strictly prohibited.

Limitations

You agree to assume all risks associated with, arising out of, or resulting you're your use of the site and the content. You expressly understand and agree that in no event shall PMSA, its affiliates, subsidiaries, service providers, agents and advisors and each of their respective officers, directors, shareholders, employees, representatives, successors and assigns (collectively the PMSA released parties) be liable to you, and you hereby agree to release the PMSA released parties, for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for profits, loss of income, revenues, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses (even if PMSA has been advised of the possibility of such damages) whether in tort, negligence, statute, contract, common law, equity, strict liability or otherwise) resulting from:

• A. Your use or the inability to use or obtain the site, the content or any site to which you hyperlink form the site;
• B. Any third party claims that the sue by you of the content violates any intellectual property or privacy right; OR
• C. Any failure or performance of the site and the content, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure

Indemnity

You will indemnify and hold each of the PMSA Released Parties harmless from and against any claims, losses, judgements, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Site or the Content, relating to these Terms and Conditions of Use (including any breach by you thereof) or from information that you post to, submit or transmit through the Site.

Disclaimer of Warranties

• A. You understand that PMSA cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, malware, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. PMSA does not assume any responsibility or risk for your use of the internet.
• B. Your use of the site is at your own risk. Everything on the site and related to the use of its features and services, including the content, is provided “as is” and “as available” without warranty or condition of any kind, either express or implied. PMSA expressly disclaims all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement, to the fullest extent permissable under applicable law. PMSA will not be responsible for your inability to execute a transaction or obtain goods related to any such transaction, for whatever reason.
• C. For greater clarity, PMSA does not warrant that (I) the functions or content contained in this site will be uninterrupted, reliable, accurate, complete, valid, timely, secure, truthful, error-free or will meet your requirements in any way; (II) that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. PMSA does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. PMSA may make changes or improvements at any time. You, and not PMSA, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this site or its content. PMSA makes no warranties that your use of the content will not infringe the rights of others and assume no liability or responsibility for errors or omissions in such content. Any content downloaded or otherwise obtained through your use of the site is used by you at your own risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of such material. PMSA does not warrant that the content, the site, its servers or email sent from the site are free from viruses or other harmful components.

Privacy Policy

PMSA will treat any personal information that you submit through this Site in accordance with its Privacy Policy. PMSA's Privacy Policy is available on the Site and it describes PMSA's privacy policies and practices in detail, as such the policy, may be amended from time to time by PMSA. PMSA advises you to check the Privacy Policy on a frequent basis for changes. You hereby consent to the use of your personal information by PMSA in accordance with the terms and for the limited purposes set forth in the Privacy Policy. By agreeing to these Terms and Conditions of Use, you acknowledge and agree that certain information about you is subject to PMSA's Privacy Policy.

Age

You must be of legal smoking age to purchase Products. By submitting an order for Products, you represent that you are of legal smoking age and you are not purchasing Products for any other person.

When you pick up Products from a PMSA retail sales location, you must be able to present proof that you are legal smoking age and that you are the person purchasing these products. Acceptable proof includes a valid driver's licence, passport, identification card or identification book.

Please note that PMSA reserves the right to limit, or to request any of its trade partners to limit, the number of IQOS devices an adult smoker may purchase within a specific timeframe. This limit is currently set at a maximum of 10 (ten) IQOS devices / kits per calendar year.

Errors

PMSA attempts to ensure that the information on the Site is accurate. However, no warranty of accuracy or completeness is expressed or implied. PMSA expressly reserves the right to correct errors and to change or update information on the Site at any time without notice. If a Product offered on the Site is not as described, your only remedy is to return it for a refund.

Governing Law

These Terms and Conditions of Use and each purchase of Products through the Site are governed by, and shall be construed in accordance with, the laws of the Republic of South Africa.

Force Majeure

PMSA shall not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.

Discontinuance

PMSA may discontinue or suspend, temporarily or permanently, any presently available Products at any time without prior notice.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement between you and PMSA relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), of the parties regarding such subject matter.

Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Severability

If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.

No Waiver

PMSA will not be considered to have waived any of its rights or remedies described in these Terms and Conditions of Use unless the waiver is in writing and signed by PMSA. No delay or omission by PMSA in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. PMSA's failure to enforce the strict performance of any provision of these Terms and Conditions of Use will not constitute a waiver of PMSA's right to subsequently enforce such provision or any other provisions of these Terms and Conditions of Use.

IQOS payment plan

1. Terms and Conditions

1. Definitions

1.1. For the purpose of this Agreement, the following terms shall have the meanings set forth below:

(a) "Agreement" means this Agreement, including all the annexures and addendums as the circumstances may provide including any amendments as amended or reinstated from time to time;

(b) “Applicable Laws” shall mean the applicable South African Laws;

(c) “Business Days” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;

(d) “Card Payment” means payment with a bank card and/or by providing bank card details, including VISA, Mastercard or American Express;

(e) “Commencement Date” means the date on which a Consumer registers for the IQOS Payment Plan and receives his/her IQOS Device;

(f) “Company” means Philip Morris South Africa (Pty) Ltd;

(g) “Consumer” means a smoker or IQOS user, aged eighteen (18) or older;

(h) “IQOS Friends Rewards” means the rewards that exist in the IQOS Friends program as detailed in clause 4 below;

(i) “IQOS Payment Plan” shall mean the payment plan entered into in respect of the Product(s);

(j) “Member” shall mean the Consumer who duly enters into this Agreement with the Vendor;

(k) “Member Portal” means the portal which can be accessed by a Member at https://iqoson.co.za/;

(l) “Merchant” shall mean the Merchant from whom the Product(s) are made available for the purpose of the Agreement;

(m) “Monthly Payment” means the monthly amount due as determined by the Payment Plan Period selected by the Member;

(n) “Parties” shall mean the Company, the Vendor, the Member, and the Merchant whom have entered into this Agreement, and “Party” shall have a corresponding meaning and refer to any one of the Parties as the circumstances may provide;

(o) “Payment Consent” shall mean the consent by the Member to be billed without the Member’s direct interaction, periodically, in relation to the Monthly Payment.

(p) “Payment Plan Period” means the duration of the IQOS Payment Plan, from the Commencement Date to the date of final payment;

(q) “Price” shall mean the total amount payable by the Member for the Product(s);

(r) “Product(s)” shall mean the product(s) as described in the Product Description of this Agreement;

(s) “Signature Date” shall mean the date of signature or electronic acceptance of this Agreement by the Member;

(t) “Termination Date” shall mean the date on which this Agreement is terminated or when the Payment Plan Period has expired;

(u) “Vendor” shall mean Ammacom Tech (Pty) Ltd for the Period of Payment Plan; (v) “ZAR” means South African Rands.

1.2. Unless the context clearly indicates a contrary intention, any words referring to:

(a) Any reference to one gender includes the other gender and vice a versa;

(b) The singular includes the plural and vice a versa;

(c) Any words which have not been specifically defined in this Agreement but have obtained a general and commonly-understood meaning and context in the industry will be interpreted as having that meaning and context;

(d) The headings in this Agreement are used for the sake of convenience only and shall not govern the interpretation clause to which they relate.

2. Purpose and Application

2.1. The purpose of this Agreement is to set forth the terms and conditions that apply to the IQOS Payment Plan Program (“IQOS Payment Plan”) entered into by you, as provided to you by the Company and the Vendor (together, the “Service Providers”). You should read these terms and Conditions carefully as they affect your legal rights and govern your relationship with the Service Providers.

2.2. The Member agrees that by entering into the IQOS Payment Plan and/or using the services provided by the Service Providers for access to the IQOS Payment Plan by the Member, that the Member has read and understood and is further bound by the terms and conditions set out in this Agreement.

2.3. The Vendor provides services to the Member for access to Product(s) that are made available from a Merchant, as contained in this Agreement and subject to the terms and conditions of this Agreement.

2.4. The Company provides services to the Member for all other IQOS Payment Plan benefits, as contained in this Agreement and subject to the terms and conditions of this Agreement.

2.5. A Member is only eligible for membership in the IQOS Payment Plan if (i) you are 18 years or older; (ii) you are a smoker or IQOS user; (iii) you have the capacity to enter into the IQOS Payment Plan; (iv) the information provided to the Service Providers at the time of entering into the IQOS Payment Plan is true and accurate; and (v) you qualify for the IQOS Payment Plan according to the bureau-risk criteria as defined by the Service Providers, and which may change from time to time.

2.6. Only the Member themselves may take out and/or join IQOS Payment Plan.

2.7. A Member may only take out a maximum of 3 IQOS devices on the IQOS Payment Plan at any one time.

2.8. Your membership in the IQOS Payment Plan is at the Service Providers’ discretion and the Service Providers may refuse your application, or terminate your right to participate in the IQOS Payment Plan for any reason including if you breach the terms and conditions of this Agreement.

2.9. You expressly hereby consent and permit the Vendor to carry out general and specific bureau reference enquiries related to you. In addition, you expressly give the Vendor permission to check the correctness of any of the information supplied by you when entering into to the IQOS Payment Plan.

3. Subscription, Fees and Duration

3.1. This Agreement will commence on the Commencement Date and, subject to the terms and conditions hereof, continue for the Payment Plan Period;

3.2. Upon the Commencement Date and payment of a deposit in the form of the first instalment, the Member shall become the owner of the Product(s);

3.3. The Vendor hereby sells the Product(s) to the Member, who will pay a Monthly Payment by means of Card Payment, for access to- and use of- the Product(s) for the duration of the Payment Plan Period as follows:

a) The Monthly Payment shall be due and payable to the Vendor by means of a recurring Card Payment from the Member;

b) The Card Payment will recur on a date as selected to be suitable by the Member;

c) Payment will only be deemed to be successful if the Card Payment is not returned as unsuccessful after 15 Business Days, or anytime thereafter;

d) If the Member changes and/or terminates his/her bank card used to make the Card Payment, or should the bank card expire, or payment cease for any other reason whatsoever, the Member agrees to update his/her bank card details and/or payment method, for the outstanding balance due under this Agreement. For the avoidance of doubt, a certificate issued by the Company shall be prima facie evidence of the balance outstanding;

e) If the Member misses a payment for any reason whatsoever, the Member providers Payment Consent to the Vendor to attempt to recover the missed payment amount(s) each day for a duration of up to 5 workings days after the initial missed payment, and then each week for up to 3 weeks, or until the payment and/or any outstanding amount is successfully recovered. Missed Payments may result in additional bank fees from the Member’s bank

f) The Monthly Payment will bear Value Added Tax at the applicable rate in South Africa from time to time;

3.4. If the billing date selected by the Member is within 14 days of the first instalment as per clause 3.2 above, the second Monthly Payment will be deducted in the following month only.

3.5. The Member acknowledges that he/she is not entitled to withhold any payment whatsoever due and payable to the Vendor;

3.6. The Member acknowledges that he/she is not permitted to apply, set off to, or demand any discount, rebate, or reduction in respect of any Monthly Payments owed to the Vendor;

3.7. The Company reserves the right to offer various payment period options to the Member from time to time in its sole discretion, upon the acceptance of which the Member shall be bound by that payment period obligation.

4. IQOS Payment Plan

4.1. The IQOS Payment Plan includes the following:

a) The Member may select the IQOS device colour of their choice, subject to availability;

b) IQOS Care Plus, including replacement or repair of your IQOS device for the duration of the warranty period, in the unlikely event of the IQOS device malfunctioning, subject to the conditions contemplated in clause 4.2 below and the further terms and conditions of IQOS Care Plus;

c) Invitation to join the IQOS Friends program upon registration. Further terms and conditions apply to the IQOS Friends program;

d) Access to unique trade offers for Member’s only, as may be available from time to time.

4.2. IQOS devices obtained through the IQOS Payment Plan must be registered in the Members name in order to qualify for replacement or repair during the Payment Plan Period, and the determination whether to replace or repair will be in the discretion of the Company. Replacement or repair will only be available in cases where the functionality of the IQOS device is impaired, that means, if it does not do what it is designed to do and will not be available in cases of normal wear and tear that does not affect its functionality.

4.3. Members shall not cede, assign or delegate their rights and/or obligations hereunder to any other person.

5. Inspection and Delivery

5.1. Upon receipt of the IQOS devices in terms of the IQOS Payment Plan (including IQOS Devices supplied as a result of any replacements in terms of IQOS Payment Plan), the Member shall check the quantity and condition thereof without delay. If such inspection reveals any damaged or missing IQOS parts, they can be exchanged for the same types of products only to the extent that immediate notice thereof is given to the Company, and upon presentation of the relevant receipt.

5.2. Ownership in the IQOS device received in terms of the IQOS Payment Plan will pass to the Member on delivery thereof to the Member, including without limitation the risk of loss, theft, destruction or damage.

6. Breach and Termination

6.1. The Service Providers may suspend, interrupt, change, or end this Agreement or any part thereof at any time for any reason in the Service Providers’ discretion, while applying reasonable efforts to provide advanced notice to the Member.

6.2. This Agreement may be terminated by the Member in accordance with the Consumer Protection Act by providing 20 (Twenty) Business Days’ notice in writing to the Service Providers, such termination will be subject to the following cancellation conditions:

a) PAYMENT OF A REASONABLE CANCELLATION FEE, WHICH AMOUNT SHALL BE THE BALANCE OF THE RETAIL PRICE OF THE IQOS DEVICE(S) RECEIVED THROUGH THE IQOS PAYMENT PLAN PROGRAM;

b) Payment of the cancellation fee shall become immediately due and payable upon cancellation of IQOS Payment Plan;

c) Upon payment of the cancellation fee, the Payment Plan Period will conclude.

6.3. This Agreement may be terminated by the Service Providers if (i) the registration details originally provided by the Member are determined to be incorrect, falsified, and/or untrue at any stage during the Agreement, (ii) if any Monthly Payment is not paid by the Member on the due date thereof; (iii) the Member breaches any of his/her representations, warranties or obligations hereunder and fails to cure the breach within fourteen (14) days from written request therefor; and/or (iv) the Member materially interferes with normal operation of the Company or provision of the IQOS Payment Plan deliberately or repeatedly.

6.4. Termination of the Member’s IQOS Payment Plan either by the Service Providers or the Member will not discharge the Member from liability for payment in respect of any outstanding Monthly Payments due or any other basis in terms of this Agreement.

6.5. In the event that the Member breaches any payment in terms of the Agreement and/or fails to make payment of any amount due to the Vendor, the Vendor may at its sole discretion:

a) Cancel the Agreement with immediate effect with or without a claim for damages; or

b) Take steps that may be necessary to recover any outstanding amount(s), including (without limitation) the use of debt collection procedures.

6.6. The Member will be liable for attorney and own client costs, including tracing and/or collecting and/or any additional expenditure with regard to any efforts by the Vendor to collect unpaid amounts from the Member.

6.7. If it is impossible to provide or implement IQOS Payment Plan due to enactment or amendment of any applicable laws, administrative or judicial measures by appropriate government agencies or courts, the Service Providers may amend, or terminate this Agreement by giving written notice thereof to Members.

7. Obligations and/or Undertakings of Member

7.1. In case of any change to any and all information provided to the Service Providers by the Member at the time of entering into the IQOS Payment Plan, the Member shall immediately notify the Service Providers of such changes via email and/or SMS communication and/or via the Member Portal.

7.2. When entering into and using the IQOS Payment Plan, Members shall comply with all applicable laws, terms and conditions of this Agreement, detailed guidelines on use of an IQOS Device as provided by the Company and such matters as notified by the Company to Members in connection with use of the IQOS Payment Plan. Members shall not engage in any act harming the reputation of the Company or any other person or disrupting operation of the IQOS Payment Plan or performance of other duties.

7.3. Members shall be responsible for managing their personal information, usernames and passwords provided and shall not allow any other person to use their information, usernames and passwords. Members shall be liable for any breach, loss and/or damage which occurs as a consequence of the sharing of their usernames and/or passwords (or any other relevant details) with any other person in violation of the foregoing.

7.4. Members shall not intentionally cause a failure of any IQOS Device.

7.5. The Member unconditionally absolves and indemnifies the Service Providers from and against any loss, damage, costs or expenses which either the Service Providers or the Member may sustain or incur, either directly or indirectly as a result of the Service Providers relying on and using the Personal Information supplied by the Member.

8. Obligations and/or Undertakings of the Service Providers

8.1. The Service Providers will comply with all applicable laws, ordinances, decrees, rules and regulations and service standards relating in any manner to the performance by the Service Providers of the obligations in terms of this Agreement;

8.2. The Service Providers will keep and maintain all records and documents as the Member may reasonably require the Service Providers to keep in the performance of the IQOS Payment Plan in terms of this Agreement;

8.3. The Service Providers may, without notice, cede and assign any or all of its rights and/or obligations under this Agreement either absolutely or as security to any third party and on any such cession and/or delegation taking place the Member shall make all Payments to such cessionary if so required;

9. Program Suspension and Resumption

9.1. In any of the following cases, the Company may temporarily limit or suspend all or a part of IQOS Payment Plan:

a) limitation or suspension of the IQOS Payment Plan is unavoidable for such reasons as equipment inspection and repair intended to improve the IQOS Payment Plan;

b) power outage, equipment failure, surge in use, or any other circumstance hampers use of the IQOS Payment Plan;

c) the Company cannot temporarily provide services under the IQOS Payment Plan due to its own circumstances; or

d) there occurs a natural disaster including an act of God, national emergency including a war, strike, or any other event beyond the control of the Company (“Force Majeure Event”).

9.2. In case of the foregoing clause 9.1, the Company shall notify Members of the details of the IQOS Payment Plan to be limited or suspended, the dates of such limitation or suspension, and other necessary information in such manner as provided in clause 11 hereof.

9.3. If a reason for suspension of the IQOS Payment Plan provided in the foregoing clause

9.1 no longer exists, the Company shall resume provision of the IQOS Payment Plan as soon as reasonably practicable and extend the term of the IQOS Payment Plan for the duration of the IQOS Payment Plan suspension under this clause.

9.4. Either the Member or the Company may terminate this Agreement by giving written notice to the other party if a Force Majeure Event continues for thirty (30) days or longer.

9.5. In the event of termination of this Agreement as contemplated in this clause 9.1 above, the Member shall retain the IQOS Device(s) provided in terms of IQOS On.

10. Personal Information

10.1. The Company shall collect, use and manage information provided by Members in accordance with its privacy policy.

10.2. The Vendor will, by virtue of concluding this Agreement, obtain and be in possession of information that identifies the Member (the Member’s “Personal Information”) in order to:

(a) Verify the Member’s identity as well as the accuracy and completeness of the information provided to the Vendor by the Member;

(b) Calculate the maximum value of Product(s) which may be made available for IQOS Payment Plan in terms of this Agreement;

(c) Calculate the Member’s capability and propensity to pay his/her Monthly Payment each month for the Payment Plan Period;

(d) Open, administer and service this Payment Plan Agreement;

(e) Statistical analysis;

(f) Develop and improve the Vendor’s products; and

(g) Update the Member’s records.

10.3. The Member acknowledges that the Vendor will store and process the Member’s Personal Information, which includes but is not limited to the Member’s contact details, South African ID number, credit record, demographic, employment, and banking information.

10.4. The Member must notify the Vendor as soon as possible of any changes to the Member’s personal details or financial circumstances in light of the information provided by the Member in this Agreement. Failure to do so will result in a breach of this Agreement, and the Vendor may terminate this Agreement in terms of clause 6.3.

10.5. The Member agrees that any notices, statements, and/or amendments in relation to this Agreement should be delivered by email to the email address provided by the Member in terms of this Agreement, and that email address shall be considered to be correct, unless the Member informs the Vendor in writing of such a change in circumstance, via subscriber portal

11. Notices

11.1. The Company shall give notices related to IQOS Payment Plan to the email addresses or telephone numbers provided by Consumers and Members.

11.2. For general queries related to the IQOS Payment Plan, Members may contact the Company as per below:

• Address: 3 Bridgeway Road, Bridgeways Precinct, Century City
• Email: contact.za@iqos.com
• >Telephone: 0800 043 387

For payment related queries on IQOS Payment Plan, Members may contact the Vendor as per below:

• Email: accounts@iqoson.co.za and/or iqoson@ammacom.com
• Telephone: 010 594 5138

11.3. For the purpose of this Agreement, “written notice” includes email notices, which shall be deemed to have been received when completion of delivery is confirmed on a sender’s system.

12. Effect and Modification of the Agreement

12.1. This Agreement shall apply for the Payment Plan Period, provided that some provisions of the Agreement may survive termination of the Agreement.

12.2. This Agreement can be accessed by the Member at any time in the Member Portal and/or via www.iqos.com.

12.3. To the fullest extent permitted by the law, the Service Providers may change this Agreement in their sole discretion. If the Service Providers wish to change the Agreement, it shall notify Members by email of such change and the details thereof at least seven (7) days prior to the effective date of the modified Agreement; provided that if the Service Providers wish to change the Agreement to the disadvantage of Members, it shall notify the Members of such change and details thereof at least thirty (30) days prior to the effective date of the modified Agreement.

12.4. Members may refuse to give consent to any unfavorable change in the Agreement. In such case, the Agreement prior to such change shall apply; provided that Members shall be deemed to have given consent to the modified Agreement if they fail to explicitly express their intent not to do so by the effective date of the modified Agreement.

13. Dispute Resolution

Any dispute over interpretation hereof shall be resolved by agreement between Consumers and/or Members and the Company. If they fail to reach an agreement, applicable laws shall apply.

14. Applicable Law and Jurisdiction

This Agreement shall be governed by the laws of the Republic of South Africa and any dispute arising in connection herewith shall be subject to the jurisdiction of the Magistrates Court having sufficient jurisdiction.

15. General

15.1. The terms and conditions contained herein constitute the full and complete Agreement between the Member and the Service Providers in respect of the granting of the IQOS Payment Plan and there are no additional implied terms or conditions.

15.2. In the event of any one of the provisions of this IQOS Payment Plan Agreement being unenforceable, then such provisions shall be severed from the remaining provisions of this IQOS Payment Plan Agreement which shall in no way be affected and shall remain in full force and effect.

Cookie notice

Philip Morris International, Inc. is the parent company of Philip Morris South Africa (Proprietary) Limited situated at 3 Bridgeway Road, Century City, Cape Town, South Africa, 7441 (the operator of this site), as well as many other direct and indirect subsidiaries worldwide, referred to collectively as Philip Morris International or PMI (or, as appropriate in the context, “we,” “us” or “our”). This Cookie Notice describes how we use cookies and similar tracking technologies on our website to collect certain visitor information automatically. It also explains how you can accept or refuse the cookies we serve.

1. What are cookies?

Cookies are an example of a tracking technology. Cookies are small text files that are placed on your computer when you visit a web site. Cookies are widely used by website owners in order to make their web sites work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the web site owner (in this case, PMI) are called "first party cookies". Cookies set by parties other than the web site owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the web site (like analytics). The parties that set these third party cookies can recognize your computer both when it visits the web site in question and also when it visits certain other web sites.

2. Why do you use cookies?

We use cookies to collect certain information about the visitors to our website. This may include details of their computer's IP address, browser-type, and screen resolution, as well as certain analytics information (such as which pages they visited and for how long) or preference information (such as their language choices).

This information enables us to understand how visitors use our website and to provide them with enhanced website functionality. The cookies served through our website and their purposes are described in the table below.

3. How Can I Control Cookies?

You have the right to decide whether to accept or reject cookies. You can exercise this choice by following the instructions or clicking on the appropriate opt-out links in the table below.Please note that if you choose to reject cookies, doing so may impair some of our web site functionality.

4. What information do your tracking technologies collect?
Can I control whether you use them?

We use tracking technologies to collect certain information about the computers that access (and therefore the visitors that use) our digital platforms. The table below shows the types of information, and how you can control whether the information is collected:

Types of cookies served through our web site and the purposes they perform are described in the table below:

Type of cookie
Cookie Purpose
In which parts of the site is the cookie used?
What information is collected?
Who sees information that the cookie sends from your browser?
How can I opt-out?
Browser cookie, Functionality
It stores your response to our cookie settings disclaimer
Everywhere
Consumer preferences about cookies.
PMI, Emakina, Amazon
Change your cookie settings in your internet browser (this varies from browser to browser – visit your browser's help menu for details)
(prefered-lang) Browser cookie, Functionality
these remember the language in which you choose to view the site
Everywhere
It stores the prefered language of the user to display the interface in the right language.
PMI, Emakina, Amazon, Sentry, elastic.co
Change your cookie settings in your internet browser (this varies from browser to browser – visit your browser's help menu for details)
(Session_cookie_ACS)
Browser cookie, Functionality
The SessionID propertyis used to uniquely identify a browser with session data on the server. More information on https://msdn.microsoft.com/en-us/library/ms178582.aspx
Everywhere
This session id is a unique id generated by the server and related to the session of the user.
PMI,Emakina
Change your cookie settings in your internet browser (this varies from browser to browser – visit your browser's help menu for details)
Google Analytics
these provide anonymous reports (down to the level of your town or area) on use of the site
Everywhere
Your IP address and the way you use and move round the site. We implement “anonymiseIP”, which means that, before performing any processing, Google changes your IP address so that it is impossible to identify you. Only from that point are reports compiled.
Google (who then send us anonymous reports
Change your cookie settings in your internet browser (this varies from browser to browser – visit your browser's help menu for details)

 

5. Do you serve targeted advertising?

No.  At this time, we do not serve any cookies through our Websites for targeted advertising purposes nor do we allow any third party to do this.

6. Do you use Google analytics or other website analytics tools?

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to Google in the USA. No matter where the IP address originates from (Member States of the European Union, other parties to the Agreement on the European Economic Area, or elsewhere) Google anonymizes the last octet of the IP address (for IPv4 addresses) or the last 80 bits (for IPv6 addresses) (a process known as “IP masking”). Google does this because we have activated its “anonymizeIP” system for all countries. Finally Google stores the anonymized data on servers in the USA. Google uses this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity for us, and providing us with other services relating to website activity and internet usage. Google will not associate your IP address with any other data they hold. As explained in the table above, you may prevent Google from collecting and using data (cookies and IP address) by downloading and installing the browser plug-in here.

Follow these links for further information concerning the terms and conditions of our use of Google analytics , the information that Google provide on data privacy and security , and Google’s data privacy notice

7. Do You Use Any Non-Cookie Based Technologies To Record Web Site Visits (like Web Beacons, LSOs etc.)?

No. At this time, we only use the cookies described above to collect information about our web site visitors.

8. Where Can I Get Further Information?

If you have any questions or comments about our Cookie Notice, communicate with us through our contact page link or writing to us at:contact.za@iqos.com