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.

PMI’s Leaf Operations Center for Africa is located at our head office in Cape Town. From here, the leaf team coordinates their buying activities throughout sub-Saharan Africa to provide the high-quality tobacco used in PMI's cigarettes.

Main Brands

Marlboro;

Chesterfield;

IQOS.

Philip Morris South Africa (Pty) Ltd

3 Bridgeway Road
Bridgeways Precinct
Century City 7441
Cape Town
South Africa
tel: 0800 225460

Head Office

Philip Morris South Africa (Pty) Ltd
3 Bridgeway Road
Bridgeways Precinct
Century City 7441
Cape Town
South Africa
tel: +27 21 527 4840
fax: +27 21 527 4840

Terms and Conditions of certain customer post-purchase care

and Support Services provided by

Phillip Morris South Africa Proprietary Limited

 

Last updated: 07/03/2023

1. Application of Terms/Eligibility
   1. These terms and conditions (Terms) are applicable to and govern provision of the post-purchase care and support services described in sections 4 - 6 below (Services). You should read these Terms carefully, as they affect your legal rights and govern your relationship with Phillip Morris South Africa Proprietary Limited (Philip Morris).
   2. You may be eligible for the Services only if: (i) you are an IQOS user aged 18 years and over and you are registered in our IQOS consumers database; and (ii) your main residence is in South Africa; (iii) you have registered an eligible device as described in paragraph 2.1 (Device) in our database either at iqos.com, by calling our customer service center, by email, with an IQOS coach or at a participating IQOS store or kiosk (this requirement does not apply to Digital Welcomes and Personal IQOS coach services contemplated in section 6 below).
   3. By using any of the Services, you agree to be bound by these Terms. Likewise, if you register another Device, or if we change these Terms, and you then use any of the Services, you agree to be bound by these Terms. Your acceptance of these Terms is deemed to occur in the country of your registered residence as per our IQOS database. 
   4. If you do not agree (or cannot comply) with these Terms, then you are not permitted to use the Services.  
   5. No modification of these Terms by you is permitted unless Philip Morris expressly agrees in writing.
   6. Your use of the Services is at our discretion and we may refuse your application to use, or we may terminate your right to use, the Services for any reason, including if you breach any of these Terms.
   7. We also reserve the right to amend these Terms and the Services upon notice at any time.

2. Eligible Devices/Registration 
   1. Any IQOS heat-not-burn or vaping device which has been commercialized and sold by Philip Morris in South Africa is eligible for the Services.
   2. The Device must have a readable and valid serial number.
   3. In completing the registration process for the IQOS consumer database 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, your 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 refuse to provide the Services to you.
   4. The Services provided are personal to you and may not be transferred to any third party.
   5. Your use of the Services is linked to your country of residence (South Africa). As the Services are only available in certain countries, if you change your country of residence you will not be able to use the Services.

3. Term and Termination 
   1. You may use the Services only within the duration of your 12 month IQOS warranty period in the country of purchase from the date you purchase your device (provided that you registered your device) 
   2. Philip Morris may refuse to provide the Services to you if you breach any of these Terms. 

4. Accidental Damage 
   1. If your Device suffers accidental and unintended damage that affects the functionality of your Device which is not caused by your misuse or reckless behavior (Accidental Damage) you may be eligible for a replacement Device as described in this paragraph 4.
   2. You must give the damaged Device (including all components but excluding any accessories, which are not covered) to Philip Morris and you will be provided with a replacement device of the same type equivalent to a new Device in performance and reliability. If a replacement Device of the same type is not available, a Device, in the same category, 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. an IQOS 3 DUO holder or charger, then only the damaged part will be replaced and Philip Morris will only keep the replaced part of the Device.
   3. Limitations from Accidental Damage
      1. 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.
      2. 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 programme (see 6.5 below) will cease. However, you can still receive the remaining Services for your Device until the end of your membership term (registered Device warranty period). 
      3. You are not entitled to a replacement Device where the Accidental Damage was caused prior to the launch of this Service in your country of residence or where any of the following circumstances are applicable:
         1. any product that is not an eligible Device as per the list contained in paragraph 2.1;
         2. damage caused by abuse or misuse, or actual, or attempted, modification or alteration of the Device, or power surge;
         3. Devices with a serial number that has been altered, defaced or removed; 
         4. Devices that have been opened, serviced, modified or altered in a manner not authorized by Philip Morris;
         5. the loss or theft of your Device; 
         6. 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;
         7. damage or failure caused by normal wear and tear and/or usage of the Device; 
         8. improper handling, damage from fire or flood, or natural disaster, war, terrorism, or acts of God;
         9. malfunction due to use with non-compatible product;  
         10. damage or malfunction caused by failure to use as described in the associated IQOS User Guide; or 
         11. 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 warranty that is in addition and without prejudice to all rights and remedies provided by consumer protection laws in the country of purchase.

1. 1. Making a claim under Accidental Damage
      1. You must: 
         1. report your claim to Philip Morris by calling IQOS Customer Care at 0800 043 387 or email IQOS Customer Care South Africa at contact.za@iqos.com 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;
         2. if requested by Philip Morris, you must provide proof of purchase for your Device; 
         3. follow any packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and
         4. otherwise comply with Philip Morris’s return Devices authorization process. 

1. 1. 2. 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).
      3. 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 will be destroyed.
      4. 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: 
         1. Carry-in service. You can return your affected Device to a participating IQOS store/kiosk or participating IQOS service point (see ‘Full-Service Stores’ using the Store Locator on the iqos.com website) and be provided with a replacement.
         2. Courier delivery. If you live more than 50km away from an IQOS store or kiosk, or store that provides a Full-Service IQOS offering (including device servicing), a replacement Device will be couriered to you and you must send the affected Device back to Philip Morris. 

5. International Assistance
   1. You have access to an international toll free number +80025592559 / +41215478888 or email IQOS Customer Care South Africa at contact.za@iqos.com (charges may apply in some locations) when traveling abroad to countries where the Devices are commercialized by Philip Morris, except the United States, or its affiliates or an authorized partner. This service includes troubleshooting assistance from experienced Device agents and if required, replacement of your Device within: (i) Accidental Damage in accordance with these Terms; or (ii) Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide.  
   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 your Device warranty valid in the country of purchase.  
   3. Limitations from International Assistance 
      1. The limitations contained in paragraph 4.3 (Limitation) apply to Accidental Damage replacement under International Assistance. 
      2. The following are excluded from replacement of Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide: 
         1. damage caused by normal wear and tear; 
         2. cosmetic damage (such as scratches, dents, broken plastic etc.); 
         3. damage caused by misuse, power surge, improper handling or fire; 
         4. malfunction due to use with non-compatible product; 
         5. 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
         6. damage or malfunction caused by failure to use as described in the associated Device User Guide. 
   4. Making a claim under International Assistance
      1. You must: 
         1. report your claim to customer service center by telephoning the number +80025592559 / +41215478888 or email IQOS Customer Care South Africa at contact.za@iqos.com as soon as possible and no later than 14 day from the date your Device suffers Accidental Damage or Device issues defined in terms of material or workmanship when used in accordance with the Device 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;
         2. if requested by Philip Morris, you must provide proof of purchase for your Device; 
         3. follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and
         4. otherwise comply with Philip Morris’s return Devices authorization process. 
      2. 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: 
         1. Carry-in service. You can return your affected Device to a participating IQOS store/kiosk or participating IQOS service point (see ‘Full-Service Stores’ using the Store Locator on the iqos.com website) and be provided with a replacement.
         2. Courier delivery. If you live more than 50km away from an IQOS store or kiosk, or store that provides a Full-Service IQOS offering (including device servicing), a replacement Device will be couriered to you and you must send the affected Device back to Philip Morris. 

6. Other Services
   1. Coaching: A team of remote IQOS coaches for supporting you in converting from cigarettes to a Device. Access is during normal business hours in your country of residence.
   2. Digital Welcome: Information and guidance relating to Device usage provided in digital form to the e-mail address indicated upon registration in IQOS consumers’ database, provided that you agreed to receive customer care/support communication regarding IQOS via e-mail.
   3. Self-Diagnostic Tool: Online tool with information designed to help you diagnose and fix certain issues with your Device or check if you are eligible for Device replacement under your warranty or Accidental Damage Coverage.
   4. Free Device Replacement Shipment: If you are eligible for a replacement device under your Device warranty or Accidental Damage Coverage service, this service provides for free shipment of your replacement device (applies only if you live more than 50km away from an IQOS store or kiosk, or a store that provides a Full-Service IQOS offering (including device servicing)).
   5. Rapid Replacement Service. This service provides for rapid replacement of your Device within a period of up to five (5) working days (location dependant) in case of Accidental Damage and/or where you have a valid claim for Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide. For a replacement due to Accidental Damage and your Device warranty, you are limited to one Rapid Replacement Service.  Eligibility for this service is determined by Philip Morris. This service is only applicable in the selected locations of your country of registration. 
   6. Complete Service (selected stores): A free of charge, professional maintenance service for IQOS™ bladed technology devices. The service includes resistance to draw machine test, professional device cleaning, firmware upgrade, and cap replacement if necessary. 

7. Your Obligations.  

You agree:

1. not to misuse the Services;
2. to keep your membership account safe and secure; 
3. where an exchange takes place, then any replacement Device becomes your property and the replaced Device must be returned to and becomes the property of Philip Morris; and
4. to comply with applicable law.

8. Warranty/Limitation of Liability
   1. As the Services are free of charge, each of them is provided ‘As Is’ and without any warranty.
   2. Philip Morris shall not be liable to the maximum extent permitted under applicable law whether in tort/delict (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 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. 
   3. Nothing in this paragraph 8 excludes any liability that cannot be excluded by applicable law. 

9. Miscellaneous
   1. None of the Services constitutes an insurance policy.  
   2. The Services are currently provided free of charge.
   3. Details of the processing of your personal data that you provide us are described in our Privacy Notice available at https://www.pmiprivacy.com/global/en/consumer/.
   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. 
   5. For questions, inquiries and contact information please refer to za.iqos.com or contact IQOS Customer Care on 0800 043 387 or email IQOS Customer Care at contact.za@iqos.com.

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.

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