1. Terms and Conditions
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
10.2. 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
11.1. 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: email@example.com
- >Telephone: 0800 043 387
- Email: firstname.lastname@example.org and/or email@example.com
- Telephone: 010 594 5138
For payment related queries on IQOS Payment Plan, Members may contact the Vendor as per below:
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.
15.1. 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.