TERMS AND CONDITIONS OF USE FOR DIGITAL TOUCHPOINTS

Last update: 26.09.2024

Introduction
 

You have been guided to this page because of your download or use of the 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? Philip Morris Switzerland Sàrl, a Philip Morris International group company. 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 Switzerland. 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 "Confidentiality and Cookies" 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). If you deactivate push notifications in the App, you will no longer receive any information via push notifications. 

Registration and your information

If you want to use the Touchpoint, you will have to create an account. You should do this via the Touchpoint. Only one account per user is permitted. P.O. Box addresses are not permitted. We reserve the right to delete any duplicate accounts and/or any accounts that do not meet the requirements set forth in these Terms and Conditions. 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 use 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, unless you have specified not to do so. You may at any time choose not to receive or to no longer receive this information and marketing communications by using the option available upon creating your account, the unsubscribe mechanism in the marketing communications themselves, or the unsubscribe mechanism provided in the "my profile" section of your user account on www.iqos.com. To manage push notifications, go to the settings page of your telephone or the settings of the App (see profile/settings/notifications). If you deactivate push notifications in the App, you will no longer receive any information via push notifications.

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 routine or non-routine maintenance, to correct errors, or to make other changes.

Lastly, please note that most Touchpoints are accessible only from Switzerland 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 Swiss law and/or the laws of other countries.

All intellectual property rights regarding the Content are reserved by us or our licensors. You are not authorized 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.

MyIQOS Programs & Services:

• IQOS CLUB

The IQOS CLUB is a status-based loyalty program for our loyal registered IQOS adult customers (“Register User”). The IQOS CLUB allows Register User to collect points by taking certain actions, and benefit from rewards and experiences. For more information on the IQOS CLUB and how to become a member, you can read the full IQOS CLUB terms and conditions here. 

• IQOS Automatic Delivery

The IQOS Automatic Delivery service (“IQOS Automatic Delivery”) entitles you, as an Register User, to free regular delivery of tobacco consumables to your nominated delivery address. You can read the full IQOS Automatic Delivery Terms and Conditions here.

• IQOS Exchange

The IQOS Exchange Program (“IQOS Exchange”) allows you, as a registered user, to exchange, under certain conditions, your IQOS device purchased in Switzerland for a new IQOS device, using the IQOS Exchange rebate you receive when returning your device. The IQOS Exchange Program is available in our IQOS Boutiques and selected points of sale in Switzerland, via the IQOS Call Center, and on iqos.com*. You can participate in the IQOS Exchange Program, and hence receive an IQOS Exchange rebate, a maximum of three times a year; each IQOS Exchange rebate can be used for the purchase of an IQOS ILUMA, IQOS ILUMA ONE or IQOS ILUMA i PRIME. 

* If you select the invoice as the payment method, the invoice will have to be settled within 30 days of delivery of your new device. 

The conditions for participating in the IQOS Exchange Program are as follows:
– You must be a Register User.
– Your current device must be registered on your profile on iqos.com
– Your device must be returned in its entirety (Holder and Pocket Charger) to one of our IQOS Boutiques, to one of our selected points of sale in Switzerland or via the return envelope sent to you with your new order within 30 days.
– Your device must be a blade generation device (IQOS 2.4, IQOS 2.4 Plus, IQOS 3, IQOS 3 MULTI, IQOS 3 DUO, IQOS 3 DUO Collector’s Edition).

The value of the IQOS Exchange rebates is determined as follows:

Register User:

Rebate of 5%

IQOS CLUB members: Please refer to IQOS CLUB terms and conditions here.

The IQOS exchange rebate can only be used for the purchase of a new IQOS device and cannot be combined with any others. Only one IQOS exchange rebate can be applied per purchase. We reserve the right to change, at any time and upon notification, the value of the IQOS exchange rebates. 

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. 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.

Confidentiality and Cookies

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:

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 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.

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.

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

Swiss law governs 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 French 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: 0800 050 000 (toll-free call) in CH

E-mail: [email protected]

Last updated: 02.11.2021

www.iqos.com

We own and operate the www.iqos.com website. We have hired the company Ch. Margot & Cie S.A. for the logistics related to preparing, packaging and invoicing products ordered on www.iqos.com

Products 
Only users of tobacco products aged 18 years and over residing in Switzerland may purchase IQOS system items (IQOS, charger, cleaning set, USB cable, plug, etc.), tobacco products (HEETS/TEREA) and related merchandise (the "Products") on www.iqos.com . When you order Products, you are responsible for ensuring that the Products are not used by minors. Philip Morris Switzerland Sàrl reserves the right to modify offerings for Products at any time and to permanently discontinue certain Products.

By registering on and using iqos.com, each user must confirm that he or she is at least 18 years of age.

Order 
You are obligated to accept these conditions of sale before placing any order. When you place an order for Products, www.iqos.com will send you a confirmation e-mail with the details of your order and confirmation that we accept your offer. From that moment, you have entered into the contract of sale and your order cannot be changed or cancelled. Products may neither be returned nor exchanged, unless you meet the conditions described in the "Order Return" and "Warranty for Defects" clauses below. You are responsible for updating your address before placing any order. If these conditions of sale are not met when using www.iqos.com , we reserve the right to cancel your order and to bar your access to the Site by terminating your user account without notice.

Minimum and maximum order

Unless otherwise specified on www.iqos.com , the minimum quantities per order are as follows:

• 1 pack of 20 HEETS or TEREA; or
• 1 IQOS kit; or
• 1 individual item of the IQOS system; or
• 1 special offer (e.g. 1 set of 2 packs);
• any unit of another Product

Unless otherwise mentioned on www.iqos.com , each customer may order a maximum of CHF 800.00 (eight hundred Swiss francs) of Products per month on www.iqos.com .

Philip Morris Switzerland Sàrl may modify the minimum quantities and maximum amount of Products specified above at any time at its discretion.

Product availability 
We make every effort to provide the best availability of Products offered on www.iqos.com . However, if a product is no longer available once an order is placed, you will receive a message from www.iqos.com informing you that your order will be delayed or cancelled in part or in full. If delayed, you have the option to cancel your order or to redeem a corresponding credit on a subsequent order on www.iqos.com . Nevertheless, we reserve the right to replace an item that is no longer available with another item of the same type (e.g. a different color). In this case, you will still have the option to cancel your order if you do not want this change.

Resale

Resale of Products purchased on www.iqos.com is strictly prohibited.

Pricing 
All prices posted on www.iqos.com include VAT at the rate in effect. Prices posted at the time the order is placed are valid.

Payment 
You may pay by credit card, debit card (Visa, MasterCard or PostCard) or PayPal. The minimum is CHF 5.00 (five Swiss francs) per order and does not include delivery charges. Your account will be debited as soon as the order is confirmed. Upon confirmation of the order, you may not be reimbursed unless you meet the conditions of the "Right of return and retraction" clause below.

You may also pay your invoice through the SWISSBILLING SA ("Swissbilling") system. With your consent, Swissbilling may impose special conditions and a credit check to accept payment-by-invoice for orders. This credit check consists of verifying customer data in other databases (e.g. collection agency) before acceptance. You will be charged additional fees for the use of this payment-by-invoice function (CHF 5.10 per purchase if the invoice is sent by postal mail and CHF 1.90 if sent by e-mail).

If the invoice is not paid on the due date(s) specified, SWISSBILLING may assign the task of recovery to a third party and has the right to assign the receivable(s) relating to the invoice in question to the said third party. In the event of transfer to a debt collection agency, the client will be subject to the following charges for processing the recovery, set in accordance with the recommendations of the Association Suisse des Sociétés Fiduciaires de Recouvrement [the Swiss association of collection companies] (www.inkassoverband.ch/fr/):

▪ Charge of CHF 50.00 for an invoice up to CHF 20.00;
▪ Charge of CHF 70.00 for an invoice from CHF 21.00 to CHF 50.00;
▪ Charge of CHF 100.00 for an invoice from CHF 51.00 to CHF 100.00;
▪ Charge of CHF 120.00 for an invoice from CHF 101.00 to CHF 150.00;
▪ Charge of CHF 149.00 for an invoice from CHF 151.00 to CHF 250.00;
▪ Charge of CHF 195.00 for an invoice from CHF 251.00 to CHF 500.00;
▪ Charge of CHF 308.00 for an invoice from CHF 501.00 to CHF 1’500.00;
▪ Charge of CHF 448.00 for an invoice from CHF 1’501.00 to CHF 3’000.00;
▪ Charge of CHF 960.00 for an invoice above CHF 3’000.00.

In all cases, SWISSBILLING reserves the right to invoice, additionally, late payment interest of 8% per year, any additional damages, and legal expenses (for debt recovery or other).

We reserve the right not to offer certain payment methods and to refer to other available payment methods. In this case, we are not required to specify the reasons for our decision.

We use Secure Socket Layer (SSL) encryption and other certified encryption technologies and systems to ensure the security of users' personal data.

Delivery 

Standard delivery by la Poste  

Orders placed before 4.00 p.m. are shipped the same day, and are usually delivered within two working days, Monday to Friday. 

For example:

▪ Orders placed from Monday to Wednesday before 4.00 p.m. are delivered within two working days.
▪ Orders placed from Monday to Tuesday after 4.00 p.m. are delivered within three working days.
▪ Orders placed on Wednesday after 4.00 p.m. and Thursday before 4.00 p.m. are delivered on the following Monday.
▪ Orders placed on Thursday after 4.00 p.m. and Friday before 4.00 p.m. are delivered the following Tuesday.
▪ Orders placed on Friday after 4.00 p.m., Saturday and Sunday are delivered on the following Wednesday.

There are no deliveries on Saturdays, Sundays or national and cantonal holidays.

Delivery schedules and delivery times are not guaranteed and may vary. You will not be compensated for delivery delays. You may not choose a specific delivery time or request delivery on a specific day.

      Delivery charges: free

We may amend the delivery charges specified above at any time.

Express delivery by la Poste  

Orders placed before 4.00 p.m. are shipped the same day, and are usually delivered the next working day, Monday to Friday. 

For example:

▪ Orders placed from Monday to Thursday until 4.00 p.m. are delivered the next working day.
▪ Orders placed from Monday to Wednesday after 4.00 p.m. are delivered within two working days.
▪ Orders placed on Thursday after 4.00 p.m. and Friday before 4.00 p.m. are delivered on the following Monday.
▪ Orders placed on Friday after 4.00 p.m., Saturday and Sunday are delivered on the following Tuesday. 

There are no deliveries on Saturdays, Sundays or national and cantonal holidays.

Delivery schedules and delivery times are not guaranteed and may vary. You will not be compensated for delivery delays. You may not choose a specific delivery time or request delivery on a specific day.

      Delivery charges: free of charge for orders above CHF 100.– / CHF 7.– surcharge for orders below CHF 100.– / always free of charge for IQOS Club Platinum members.

We may amend the delivery charges specified above at any time.

Disclaimer of liability 
We will not assume liability for any loss and/or damage and we will not be responsible for any costs related thereto. This exclusion of liability applies in particular if the order cannot be delivered or if delivery is delayed, if www.iqos.com does not function or functions poorly, if the information on www.iqos.com is inaccurate or incomplete, if the delivery address is incorrect, in case of viruses or other technical problems, in case of theft or other incidents related to delivery of the Products.

Order Return
You may return your order from the date you placed your order until 30 days after receipt of the items only if the Products are in their original packaging. We will not accept returns of HEETS or TEREA packs unless they are intact, and their plastic wrapping is unopened.

If you have already paid for your items, your reimbursement will not include delivery charges. You are responsible for all costs to send back items that you return to us. If you choose to keep some items and only partially cancel your order, delivery charges will not be reimbursed.

If you wish to return your order, please contact our toll-free customer service number 0800 050 000, which will explain how to do so. You may also notify us by e-mail at the following address: [email protected]. We will attempt to reimburse you using the same payment method that you used to pay for the items (or, if you have not yet paid for the items, to show this item return in your account balance) as soon as possible and no later than 14 days after we receive your cancellation notice, provided that we have received the returned items or proof that you have returned them within no more than 30 days after you receive the order. Another payment method may be used to reimburse you if you give us your consent. In any case, you will not incur additional charges.

We guarantee reimbursement for any item returned in accordance with this "Order Return" clause, provided that all items are returned in the same condition in which you received them. This means that Products must be in their original packaging and must not have been used or damaged.

If the item that you received is defective, please inform us as soon as possible and return the item in accordance with the "Warranty for defects" clause below.

Warranty for defects 
You must check the Products received upon delivery. If the Products that you purchased are defective, we comply with applicable legal warranty regulation. We agree to replace any defective Product free of charge, excluding, however, any other remedy and/or legal recourse. If you wish to file a complaint about defective Products that we have delivered, including damage incurred during shipment, please let us know immediately by contacting our toll-free customer service number 0800 050 000 or the following e-mail address: [email protected]

Theft and use of the Products

As soon as the Products are delivered to you or left in your mailbox (parcel compartment), we will not be liable for their theft or improper use. It is your responsibility to ensure that the Products are not stolen or used by minors under the age of 18.

Jurisdiction and Governing Law 
Swiss law governs 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 French 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.

Contact us
IQOS Customer Service.

Telephone: 0800 050 000 (toll-free call)

E-mail: [email protected]

Philip Morris Sàrl, based in Lausanne, is responsible for sales and marketing activities in Switzerland. PM Sàrl is the number-one tobacco company in Switzerland, and our product portfolio includes five of the top 11 cigarette brands in the country.

Swiss Affiliate

Philip Morris Sàrl.
Avenue de Rhodanie 50
1007 Lausanne 
Switzerland

Tel : +41 (58) 242 0000
Email: [email protected]

UID register : CHE – 105.901.856
VAT number : CHE – 116.276.488 TVA

INTRODUCTION

We are a member of the Philip Morris International group of companies (referred to as "we", "us" or “PMI”). We have identified ourselves to you (“You” or “Your”), and given our contact details, on www.iqos.com ("Website") in connection with which You have been guided here.

We would like to use your content (such as words, photos/videos, recordings) that You share to us (Your “UGC”). By sharing Your UGC, You agree to our using it as set out in this document, and to the other matters addressed in this document (the “Terms”) on which You are letting us use Your content set out in this document. 

These are important provisions: You should read them before submitting any UGC as they are binding on You.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT SUBMIT THE UGC.

You are responsible for the UGC You submit on the Website. We reserve the right to remove any UGC that contains:

- Offensive or violent language

- Hateful or discriminatory comments regarding race, ethnicity, religion, gender, disability, sexual orientation or political beliefs

- Links or comments containing sexually explicit material

- Violations of copyright or intellectual property rights

- Spam, link baiting or files containing viruses that could damage the operation of other people’s computers or mobile devices

- Attacks on specific groups or any comments meant to harass, threaten or abuse an individual

- Commercial solicitations or the promotion of a competitor

- Content featuring minors or particularly appealing to minors. 

We reserve the right to remove UGC as described above and other content which we consider inappropriate at our own discretion.

LICENSE TO USE USER GENERATED CONTENT

1. This permission to use Your UGC is an agreement between You and us.

2. You confirm that:

a. You are a current user of IQOS and at least 18 years old (if you do not appear in the UGC) or at least 25 years old (if you appear recognizably in the UGC);

b. The UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party;

c. Your permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;

d. Any people recognizably appearing in the UGC including yourself are at least 25 years old, and that You have permission from those people to: i) photograph, record or film them, ii) include their photograph, sound and/or video in the UGC and iii) if applicable, use their names for being shared by PMI and its affiliates for the purposes listed below with no consideration payable to them, and iv) provide PMI with a copy of their written permission if PMI requests You to do so.

e. You have no existing affiliation with PMI or its affiliates, such as employment or engagement in providing services.

3. You keep all of Your rights to the UGC, but You hereby grant to PMI, perpetual license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promotion and/or advertising of PMI’s non-combustible brands, as well as thereto related products, services and promotional materials, at PMI’s sole discretion and without any liability or warranties (express or implied) with respect to the use of it, from the date on which You grant PMI and its affiliates Your License.

4. You grant PMI and its affiliates the rights to reproduce, modify, translate, display and create derivative works, publicly perform, display, distribute, broadcast, and otherwise use the UGC, in whole or in part, in any way PMI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies.

5. You allow PMI and its affiliates to use the name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You and any other people included in the UGC in accordance with our business partner privacy notice available at https://www.pmiprivacy.com/en/business-partner, and that You have notified any other people included in the UGC of these terms.

6. In case the UGC infringes any proprietary rights of any third party or defame or invade the privacy or personality rights of any person, You will indemnify, defend and hold PMI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach.

7. You agree that Your License is voluntary and You are free to enter into it with PMI.

8. You can opt-out of Your license agreement for future use of the UGC at any time by contacting [email protected] (email id) or by other means following instructions set in the terms of use of our channels, but even after such an opt-out, Your License will remain valid and enforceable with respect to any UGC that You have granted us through Your License and/or posted on our channels or accounts wherever applicable according to the respective terms of use, before the opt-out. Please consider that processing Your opt-out request might take some time, but we will do our best to do it as soon as possible.

9. You can contact [email protected] (email id) for any queries or clarifications regarding Your License if you believe that your copyright or intellectual property protected material has been used without authorization or if your privacy or personality rights have been infringed.

10. You can issue your license by posting #okiqosterms in response to our request from account @[insert the name] on Instagram or account @[insert the name] on Twitter, or by submitting, posting, sending us UGC on our social media channels, accounts, or Website(-s).

11. Your license will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland.

 Last updated:  11.07.22

Terms of use and your privacy on IQOS social media sites 

You may have been redirected here from one of our IQOS social media sites (“social media sites”), for example from the Customer Care pages of one of our Social Media Accounts (e.g. Facebook, Twitter, etc.) (hereinafter referred to collectively as “Social Media Accounts”). 

The Social Media Accounts are intended for adult smokers who want to continue enjoying tobacco products and adult IQOS users residing in Switzerland and by engaging with our Social Media Accounts You confirm You fulfil these criteria.  

Who we are? 

We are a member of the Philip Morris International (“PMI”) group of companies. We have identified ourselves to You, and given our contact details, in the website where this document (“Terms”) is published or on the respective Social Media Accounts accordingly. 

How do you accept these Terms?   

By using any of our Social Media Accounts, You agree to comply with these Terms. You also agree to comply with any other applicable platforms specific terms of use (e.g. Facebook’s Statement of Rights and Responsibilities, Twitter’s Terms of Use, etc.).   

Good conversion practices and our duty to inform  

Before we tell You what You shouldn’t do on our Social Media Accounts, here are some things You should know about IQOS: 

PMI offers a variety of quality, scientifically substantiated smoke-free products that are much better choices than continued smoking. Our vision is that our smoke-free products will one day replace cigarettes. 

1. Smoking cigarettes causes serious diseases and is addictive. Without question, the best decision any smoker can make is to quit tobacco and nicotine use altogether. 
    
2. PMI’s smoke-free products are for adults who would otherwise continue to smoke or use other nicotine products.  
    
3. We do not offer PMI’s smoke-free products to people who have never used tobacco or nicotine products or who have quit using tobacco and nicotine products. Our smoke-free products are not an alternative to quitting and are not designed as cessation aids.  
    
4. PMI’s smoke-free products are not risk free and contain nicotine, which is addictive. Switching to a smoke-free product is, however, a much better choice than smoking. 
    
5. We support our adult smoke-free product users in their journey to full conversion through education and guidance.  
    
6. For consumers to experience the benefits of smoke-free products, they must switch completely and abandon smoking permanently.  
    
7. Minors (those under 18 years of age) should not use tobacco or nicotine in any form. 
    
8. Pregnant women, diabetics and those with heart conditions should not use any tobacco or nicotine product. 

  
Your contribution 

We’ll regularly monitor the Social Media Accounts, responding to and passing on as many useful recommendations as we can. We are glad You are here and expect feedback and passionate conversations but let’s keep it clean and positive.  

1. You are responsible for the content You post on Social Media Accounts and we reserve the right to remove any postings that contain: 

• Offensive or violent language
• Hateful or discriminatory comments regarding race, ethnicity, religion, gender, disability, sexual orientation or political beliefs 
• Links or comments containing sexually explicit content material 
• Violations of copyright or intellectual property rights 
• Spam, link baiting or files containing viruses that could damage the operation of other people’s computers or mobile devices 
• Attacks on specific groups or any comments meant to harass, threaten or abuse an individual 
• Commercial solicitations or the promotion of a competitor 
• Confidential information or trade secrets  
• Impersonate any person or organisation 

2. We reserve the right to ban or block a user posting content as described above and for a pattern of inappropriate postings or as otherwise deemed necessary by us, or remove any posts on our Social Media Accounts, if we do not think that a post complies with these Terms or any other applicable platform specific terms of use. And we shall be under no obligation to notify You of any such decision. 

3. Licence to use User Generated Content (“UGC”). We would like to re-use the content that You submit, post, send us in Direct Private Message (DM) on our Social Media Accounts.  

a) For any UGC that You share with us, you represent and warrant that: 

a. You are current user of IQOS and at least 18 years old (if You do not appear in the selected UGC) or at least 25 years old (if you appear recognisably in the selected UGC); 

b. The UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party; 

c. Your permission to use the UGC under this agreement (“Your Licence”) does not violate or conflict with Your existing contractual arrangements or applicable laws; 

d. Any people recognisably appearing in the UGC including yourself are at least 25 years old, and that You have permission from those people to: i) photograph, record or film them , ii) include their photograph, sound and/or video in the UGC and iii) if applicable, use their names for being shared by PMI and its affiliates for the purposes listed below with no consideration payable to them, and iv) You provide PMI with a copy of their written permission if PMI requests You to do so. 

b) You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates, a royalty free, perpetual licence to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promoting and/or advertising of PMI’s non-combustible brands, as well as thereto related products, services and promotional materials, at PMI’s sole discretion and without any liability or warranties (express or implied) with respect to our use of it, from the date on which You grant PMI and its affiliates Your Licence. 

c) You grant PMI and its affiliates the rights to reproduce, modify, display and prepare derivative works, publicly perform, display, distribute, broadcast, and otherwise use the UGC, in whole or in part in any way PMI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies. 

d) You allow PMI and its affiliates to use the name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You and any other people included in the UGC in accordance with our privacy notice available at https://pmiprivacy.com/en/consumer and that You have notified any other people included in the UGC of these terms. 

e) If the UGC infringes any proprietary rights of any third party or defame or invade the privacy or publicity rights of any person, You will indemnify, defend and hold PMI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach. 

f) You agree that Your Licence is voluntary and You are free to enter into it with PMI. 

g) You can opt-out from Your Licence agreement for future UGC at any time by contacting [email protected] (email id) or by other means following instructions set in the terms of use on our channels, but even after such an opt-out Your Licence will remain valid and enforceable with respect to any UGC You have granted us Your Licence and/or posted on our channels, accounts, wherever applicable according to the respective terms of use, before the opt-out. Please consider that processing your opt-out request might take some time, but we will do our best to do it as soon as possible. 

h) You can contact [email protected] (email id) for any queries or clarifications regarding Your Licence, if You believe Your copyright or intellectual property protected material has been used without authorisation or if Your privacy or personality rights have been infringed. 

i) Your Licence will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods. 

Remember, posts from You or other people do not necessarily represent the views of PMI. We do not have responsibility for any content or links shared by You or other people. If You want to share this page or its content with Your own community, please, make sure the people who see Your posts are adult smokers or adult IQOS users.  

LIABILITY AND DISCLAIMERS  

Your use of our Social Media Accounts is at Your sole risk. Our social media sites are provided on an "as is" and "as available" basis. Where possible, we may restrict Your access to our Social Media Accounts or any feature or part of them at any time. We disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and any warranties that material on our social media sites is no infringing; that access to the site will be uninterrupted or error-free; that our social media sites will be secure; or that information on our social media sites will be complete, accurate or timely. 

If anyone brings a claim against us related to Your actions or contributions, You will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. 

To the fullest extent permitted under applicable law, You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from Your use of or inability to use our social media sites. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, Your loss of profits, loss of data, unauthorised access to and alteration of Your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages. 

Your privacy 

To find out more about how we process information about You, including what information we collect, the purposes for which we use it, with whom we share it and how we protect Your privacy, please refer to our consumer privacy notice at https://pmiprivacy.com/en/consumer

Changes to these Terms 

We may amend these Terms from time to time without any notice. We encourage You to check these Terms each time You access and use our social media sites in order to stay up to date. If you then continue to use our social media sites, Your use will mean you accept the updated Terms. The date at the bottom of this page shows when these Terms were last updated. 

Jurisdiction 

The laws of Switzerland govern these Terms and Your use of our social media sites, and You irrevocably consent to the exclusive jurisdiction of the competent courts located in Lausanne, Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods. 

Right to assign, no waivers, severability 

PMI may assign its rights and duties under these Terms to any party at any time without notice to You, unless notice to You is required by applicable law, but this will not affect Your rights or our obligations under these Terms.  

Our failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or PMI’s rights. Users should always assume these Terms apply. 

If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable. 

Thanks for reading. Please enjoy our community! 

Notes on revision: 

Last modified on: 20/08/2020