TERMS AND CONDITIONS OF USE FOR DIGITAL TOUCHPOINTS

Last updated: October 1st 2018

Introduction

You have been guided to this page as a result of your use, access or download of a digital Touchpoint (the “Touchpoint”) that is operated by a member of the Philip Morris International group of companies (“PMI”).

What is a “Touchpoint”? In these terms and conditions, a “Touchpoint” refers to any method by which you get in contact with us. Some touchpoints are digital, like mobile applications and websites, for example.

Who are we in Curacao? Superior Tobacco Company Curacao N.V., a Philip Morris International affiliate. We have identified ourselves to you and given you our contact details in the Touchpoint that guided you here.

Who are we in Aruba ? es Superior Tobacco Company, N.V., a Philip Morris International affiliate. We have identified ourselves to you and given you our contact details in the Touchpoint that guided you here.

How can you accept these terms and conditions? By using the Touchpoint, you accept these terms and conditions of use (the “Terms and Conditions”). The first time that you connect to the Touchpoint, we will draw your attention to these Terms and Conditions. They contain important information about your use of the Touchpoint. Please read the Terms and Conditions before using the Touchpoint, because you will be bound by them.

Disclaimer of liability: By using the Touchpoint, you accept our exclusion of liability, explained in more detail in these Terms and Conditions. To summarize, use of the Touchpoint is at your own risk. We will not be liable and provide no warranty (express or implied) in connection with the Touchpoint or your use thereof.

YOU ARE NOT AUTHORIZED TO USE THE TOUCHPOINT IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS.

Additional terms and conditions: If you wish to use certain parts of the Touchpoint or take advantage of any promotions that we offer to you through it, such services may be subject to other terms and conditions or notices. In such a case, this will be brought to your attention and, in some situations, you will be asked to read and confirm your acceptance of any such terms and conditions or notices before continuing.

Changes to these Terms and Conditions: We may amend these Terms and Conditions at any time. In such a case, we will notify you of such changes the first time you connect to the Touchpoint after the changes have been made. If you then continue to use the Touchpoint, such use constitutes your acceptance of the amended Terms and Conditions. The date at the top of this page indicates when these Terms and Conditions were last updated.

Use of the Touchpoint

The Touchpoint is intended to be used by adult tobacco-product consumers aged 18 years and over who want to continue to consume tobacco products (the “Intended Users”) and who reside in Aruba. If you do not meet the conditions mentioned above, you must not use the Touchpoint.

To create an account for the Touchpoint, you must give us some personal information so that we may verify your eligibility to use the Touchpoint. Typically, this information will relate to your status as a smoker or user of tobacco products, how you use tobacco, your name, age, country of residence and e-mail address/telephone number. We will hold your information in accordance with our Privacy Notice (see the “Privacy Notice” and “Cookies Notice” section below for more information).

If you cause a technical disruption in the Touchpoint or the systems transmitting the Touchpoint to you or to others, you agree to assume full responsibility for any losses (e.g. loss of data, profits, income, contracts and/or clients) and/or any damages (e.g. direct, indirect, punitive and/or consequential damage) caused, as well as responsibility for all costs relating thereto (e.g. attorneys’ fees and/or court costs).

Registration and your information

If you want to use the Touchpoint, you might have to create an account. Where this is the case, you should do this via the Touchpoint. It is important that you provide us with accurate, complete and up-to-date information for your account. You agree to ensure that your information is always accurate, complete and up-to-date. You agree not to disclose your account password to anyone. You are responsible for all activities that occur in your account, whether or not you know about them.

You must not use anyone else’s password or account. You must not attempt to gain unauthorized access to the Touchpoint. Should you attempt to do so, or assist others to do so, or if you distribute instructions, software or tools for that purpose, we will close your account. If anyone other than you uses your account, we may suspend or terminate your account (see the section entitled “Modification and suspension of the Touchpoint” below). You must immediately notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Touchpoint.

Marketing

We may provide you with information about our products and services that might be of interest to you and contact you for this purpose by telephone, SMS or e-mail. You may at any time choose to no longer receive this information and marketing communications by using the unsubscribe mechanism indicated in the marketing communications, by sending an e-mail to contact.aw@iqos.com indicating you would like to opt-out, or by calling our Call Center at +599 9 788 9998.

Modification and suspension of the Touchpoint

We reserve the right to modify, suspend, or terminate operation of or access to the Touchpoint, or any portion of it, at our discretion. For example, we may terminate operation of the Touchpoint for users if we have reason to believe that the Touchpoint is being used by someone who is not an Intended User.

We may also update the Touchpoint and change its content at any time. Although we make reasonable efforts to update the information in the Touchpoint, please note that any or all content in it may be out of date at any given time, and we are under no obligation to update it.

We may also terminate the regular operation of the Touchpoint, or any portion of it, as necessary to perform in particular routine or non-routine maintenance, to correct errors, or to make other changes.

Lastly, please note that most Touchpoints are accessible only from Aruba at PMI’s discretion.

Use of the Touchpoint and its Content

The Touchpoint and all its content (including software, files, graphics, data, images and any other form of content) (the “Content”) are our exclusive property and that of our affiliates or our licensors (or any combination of the foregoing), and are protected by the laws of Aruba and/or the laws of other countries.

All intellectual property rights with regard to the Content are reserved by us or our licensors. You are not authorized in particular to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, broadcast, edit, adapt or create a derivative work of, or reverse engineer in any manner, all or any part of the Touchpoint or its Content.

The Touchpoint and its Content are provided solely for your personal and private use. You are not authorized to use them for any other purposes (for example, you are not authorized to use them for business or commercial purposes). Please note the “Disclaimer of liability” clause below.

Links

The Touchpoint may include links to third-party websites. These links are provided to facilitate and enhance your navigation only. As we have no control over such websites and do not review them, please note that:

• We do not endorse them, we are not responsible for them, and we make no promise and give no warranty in relation to them. In particular, we are not responsible for the terms and conditions that govern such websites or their privacy protection practices, availability, content, advertising, products or other materials, services or information on or available from them; and
• If you access any such websites, you do so at your own risk.

You are not authorized to frame, link or deep-link the Touchpoint to any other website.

Privacy Notice and Cookies Notice

To the extent that we collect any personal information about you through the Touchpoint, we will collect and process it in accordance with our Privacy Notice. Please read it to find out more about the type of personal information we collect about you, how we use it, with whom we share it, how we protect it, your rights and how you can exercise them.

The Touchpoint also uses cookies and similar technologies to collect certain user information automatically. To learn more about such technologies (including Google analytics cookies), how we use them, and how you can accept or refuse them, please see our Cookie Notice.

Please review our Privacy Notice and our Cookie Notice before using the Touchpoint. As with these Terms and Conditions, we may amend them at any time.

Disclaimer of liability

The Touchpoint is made available to you on an “as is” basis, except where we have expressly stated otherwise in these Terms and Conditions. In addition:

1. We will not be liable for any losses (e.g. loss of data, profits, income, contracts and/or clients) and/or any damages (e.g. direct, indirect, punitive and/or consequential damage) incurred and we will not be responsible for any costs relating thereto (e.g. attorneys’ fees and/or court costs). This exclusion of liability pertains in particular in case of breach of these Terms and Conditions or use of technologically harmful material or procedures (such as a virus or a distributed denial-of-service attack) that may affect your computer equipment, software, data or other material in connection with your use of our Touchpoint or any website linked to it;
2. We accept no liability as to the suitability or fitness of the Touchpoint to meet your needs. To the fullest extent permitted by law, we exclude all express or implied representations, warranties, and promises, including:
   
   • that the Touchpoint and any content contained in or transmitted via the Touchpoint or otherwise made available in connection with the Touchpoint are accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;
   • that access to the Touchpoint will be uninterrupted or error-free; and
   • that the Touchpoint and the computer system from which the Touchpoint is made available are free of viruses or other harmful components.
3. It is your responsibility, and not ours, to ensure that the Touchpoint is suitable for your own purposes when you use it.

You acknowledge and agree that the operation of the Touchpoint is dependent upon the operation of the internet and other third-party equipment and services (including your own devices or web browser), and that we do not guarantee, and will not be liable for, these in any way.

Jurisdiction and Governing Law

The laws of Switzerland govern these Terms and Conditions and your use of the Touchpoint. You irrevocably acknowledge the exclusive jurisdiction of the courts of the Canton of Vaud for any proceedings to enforce these Terms and Conditions. The Touchpoint has been designed to comply with the laws of the jurisdiction.

Our other rights under these Terms and Conditions

We may transfer our rights and obligations under these Terms and Conditions to a third party, but this will in no way affect your rights under these Terms and Conditions.

If we fail to insist that you perform your obligations under these Terms and Conditions, or if we do not enforce our rights against you or delay in doing so, that in no way means that we waive our rights to enforce any such breach against you or that you are no longer required to comply with those obligations. If we decide to waive our right to enforce a default or breach of these Terms and Conditions, we will do so only in writing.

Each of the clauses of these Terms and Conditions is valid separately. This means that if any court or competent authority decides that any of the clauses are unlawful, illegal, or unenforceable, the remaining clauses will remain in full force and effect. The English version of these Terms and Conditions of Use for Digital Touchpoints is authoritative.

These Terms and Conditions are not intended to give rights to anyone other than you and us.

Contact us

Please contact us:

• if you think that the Touchpoint infringes on your copyrights or contains content that you think is illegal or offensive or infringes on your rights or others’ rights, or
• for any question that you may have about these Terms and Conditions or the Touchpoint.

IQOS Customer Service

Telephone: +297 7363220

E-mail: contact.cw@iqos.com