Terms of use for digital touchpoints

Last updated: July 24, 2017

Introduction

You have been guided here in connection with your download or use of a digital touchpoint (the “touchpoint”) that is operated by a member of the Philip Morris International group of companies.

What is a “touchpoint”?

”? In these terms, we refer to any method by which you are in contact with us as a “touchpoint”. Some touchpoints are digital – for example, apps and websites.

Who are we?

? We are a member of the Philip Morris International group of companies. We have identified ourselves to you, and given our contact details, in the touchpoint in connection with which you have been guided here.

How do you accept these terms?

If you use the touchpoint, you accept these terms of use (“Terms”). The first time you log on to the touchpoint, these terms are drawn to your attention. These are important provisions relating to your use of the touchpoint: you should read them before using the touchpoint as they are binding on you.

Limits of liability:

By using the touchpoint, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the touchpoint at your own risk; we do not assume any liability, or make any warranties (express or implied) with respect to it or your use of it.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE TOUCHPOINT.

Further terms:

If you wish to use certain sections of this touchpoint or take advantage of any promotions we offer to you through it, that may be subject to other terms and notices. If this is the case, this will be brought to your attention and in some situations you may be required to read and confirm your acceptance of any such items before continuing.

Changes to these Terms:

We may amend these Terms from time to time. If we do, we will notify you of such changes the first time you log on to the touchpoint following such changes. If you then continue to use the touchpoint, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.

Use of the touchpoint

The touchpoint is intended to be used by adult tobacco users aged 18 and above (or, if higher, the minimum age required for the purchase of tobacco by the law of your country) who want to continue to enjoy tobacco products (“Intended User”), and who reside in the country where indicated in our contact details. If you do not meet these requirements, you must not use the touchpoint. To set up an account for the touchpoint, you must give us some personal information to enable us to verify your eligibility to use it. Typically, this will be smoking status, name, age, country of residence and e-mail address/telephone number. We will hold this in accordance with our Privacy Notice (see the “Privacy and Cookies” section below for more information.)

Registration and your information

If you want to use the touchpoint, you’ll have to create an account. You should do this via the touchpoint. It’s important for you to provide us with accurate, complete and up-to-date information for your account. You agree to keep it accurate, complete and up-to-date. You agree that you won’t disclose your account password to anyone. You’re responsible for all activities that occur under your account, whether or not you know about them.
You may not use anyone else’s password or account. You may not attempt to gain unauthorized access to the touchpoint. Should you attempt to do so, assist others to do so, or 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 promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security of which you become aware that involves your account or the touchpoint.

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 the content at any time. Although we make reasonable efforts to update the information on the touchpoint, note that any content on it may be out of date at any given time, and we are under no obligation to update it.
We may also interrupt 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.

Use of the touchpoint and Materials

The touchpoint and all its contents (including messages posted on the forum, software, files, graphics, data, images and other material) (“Material”) are the exclusive property of us, our affiliates, or our licensors (or any combination of the foregoing), and are protected by law in your country as well as in other countries.
All intellectual property rights in the Material are reserved by us or our licensors. You may not 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, any part of the touchpoint or any Material. The touchpoint and the Material are provided solely for your personal, private use. You may not use them for any other purposes (for example, you may not use them for business or commercial purposes). Note the paragraph on “Limit of Liability” below.

Linking

The touchpoint may include links to third party websites. These links are provided for your convenience only. As we have no control over such websites, and we do not review them, please note that:
- we do not endorse them, we are not responsible for them, and we make no promise in relation to them: in particular we are not responsible for the terms on which such websites are made available or their privacy practices, their availability, their 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 may not frame, link or deep-link to the touchpoint to any website.

Privacy and cookies

To the extent that in the touchpoint we collect any personal information about you, we will collect and process it in accordance with our Privacy Notice. Please read it to find out more about what 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.

This App also uses cookies and similar technologies to collect certain visitor 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.
You should review our Privacy Notice and Cookie Notice before using the touchpoint and, like these Terms, we may change them at any time.

Posting materials

These paragraphs apply if the touchpoint allows you to post materials on it You warrant that all tangible and intangible materials and ideas, including text, drawings, designs, photographs, videos, sketches, that you post on the touchpoint (“Materials”) are your original work in which you own the related intellectual property rights. You also warrant that the Materials do not and will not infringe any third party’s intellectual property rights.
By posting the Materials on the touchpoint you: (a) assign to us all rights to, and intellectual property rights in, the Materials; (b) relinquish, to the fullest extent permitted by law, all rights to such Materials and waive any moral rights in them (including the right to be named as the author of such Materials); and (c) acknowledge that we (and those whom we (directly or indirectly) permit) shall have unrestricted use of the Materials, including using, altering, duplicating, or combining them in all forms and for all media.

Your use of forums or blogs

These paragraphs apply if the touchpoint includes a forum or blog (“forum”) that allows interaction between you and other users If the touchpoint includes a forum or blog (“forum”) that allows interaction between you and other users, you note that we reserve the right (which we may exercise at our sole discretion and without notice) to delete, remove, move or edit messages you have posted. We also reserve the right, at our sole discretion, to terminate your use of the touchpoint and forum. You hereby waive any rights including any rights you may have in regard to messages you have posted on the forum. The comments made on the forum must focus on aspects unrelated to smoking and health. Smoking is dangerous and addictive. More information about this is available at: http://www.philipmorrisinternational.com/PMINTL/pages/eng/smoking/S_and_H.asp. Any comments made about smoking and health will be removed from the touchpoint. You are solely responsible for any information, data, personal views or beliefs, or any material that you submit for display on the touchpoint, including their accuracy, legality, reliability and appropriateness. In posting messages on the forum or submitting content to the touchpoint, you must not:
- publish, or link to, any messages containing any form of advertising or promotion for products or services, chain messages, or “spam”;
- publish, or link to, any messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any traded security;
- publish, or link to, any messages that are unlawful, threatening, discriminatory, abusive, libelous, indecent, infringe copyright or other rights of third parties, or which contain any form of illegal content;
- disguise the origin of any message;
- impersonate any person or entity (including forum users or hosts) or misrepresent any affiliation with any person or entity;
- post or otherwise publish any messages unrelated to the forum;
- post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the touchpoint or any computer software or equipment;
- collect or store other users' personal data; or
- restrict or inhibit any other user from using the forum.
We may contribute material to the forum in order to stimulate discussions and make it run smoothly.
The forum may also contain messages from special guests we invite. The opinions of such guests are personal and do not necessarily represent our views. Additionally, messages will be submitted by other registered users of the touchpoint over whom we have no control. It is possible that some users will breach the above-listed rules, but we have no responsibility in that regard. We also cannot guarantee the accuracy, integrity, or quality of the messages posted on the forum and we cannot be held liable for their content.
You bear all risk associated with your use of the forum and should not rely on messages in making (or refraining from making) any specific investment or other decisions.

Disclaimer

Although we do our best to provide an informative touchpoint that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the touchpoint is made available to you on an “as is” basis. Also:

• (a) it is your responsibility – not ours – to ensure that the touchpoint is suitable for your intended purposes when you use it;
• (b) we accept no liability to you in respect of the touchpoint (subject to the paragraph on “Limit of Liability” below); and
• (c) we accept no liability as to the suitability or fitness of the touchpoint in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including:
  • - that the touchpoint, or any content contained in or delivered via the touchpoint or otherwise made available in connection with the touchpoint, is 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, or the computer systems from which the touchpoint is made available, are free of viruses or other harmful components.

Limit of Liability

We do not exclude or limit liability that cannot be excluded or limited by law, liability for death or personal injury caused by our negligence, or liability arising out of our fraudulent misrepresentation or gross negligence. We will not be liable to you for any loss or damage arising out of your use of the touchpoint in breach of these terms, or caused by technologically harmful material or actions (such a virus or a distributed denial-of-service attack) that may affect your computer equipment, computer programs, data or other material in connection with your use of our touchpoint or on any website linked to it. You acknowledge and agree that the operation of the touchpoint is dependent upon the proper and effective functioning of the internet and other third party equipment and services (including your own device or web browser), and that we do not guarantee, and will not be liable for, these in any way.
We will not be liable for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.
If you cause a technical disruption of the touchpoint or the systems transmitting the touchpoint to you or others, you agree to be responsible for all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Jurisdiction and Governing Law

The laws of the jurisdiction indicated of the location we have given in the contact details of the touchpoint (the “Jurisdiction”) govern these Terms and your use of the touchpoint. You irrevocably consent to the exclusive jurisdiction of the courts located in the Jurisdiction (and, insofar as the parties may validly agree, the courts in the town closest to our registered office), for any action to enforce these Terms. The touchpoint has been designed to comply with the laws of the Jurisdiction.

Other important rights that we have under these Terms

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our right to enforce any such failure against you, or that you do not have to comply with those obligations. If we do decide to waive our right to enforce a default or breach of these Terms by you, we will do so only in writing.
Each of the paragraphs of these Terms operates separately. This means that if any court or relevant authority decides that any of them are unlawful, illegal, or unenforceable, the remaining paragraphs will remain in full force and effect. These Terms are not intended to give rights to anyone except you and us.

How to Contact Us

Please contact us at contact.ps@myiqos.com if:

• you believe that the touchpoint infringes your intellectual property rights, or that it contains content that is illegal, offensive, or infringes your or a third party's rights; or
• for any questions you may have about these Terms or the touchpoint.