Terms and Conditions for Registration In The Adult Consumer Database of Philip Morris Cyprus Ltd

TERMS AND CONDITIONS FOR REGISTRATION IN THE ADULT CONSUMER DATABASE OF PHILIP MORRIS CYPRUS LTD

1. Who we are

These terms (hereinafter the “Terms”) govern your relationship with the company under the name “PHILIP MORRIS CYPRUS LTD”, with registration number 420512 and registered office at 4 Foti Pitta Street, Labs Tower, 12th Floor, 1065, Nicosia (hereinafter “PHILIP MORRIS”, the “Company” or “we”), in relation to the services and procedures described herein.

These Terms, together with the PMI Privacy Notice, constitute the entire agreement governing the terms applicable to and regulating our relationship with respect to the matters set out herein.

In addition, these Terms are supplemented, where applicable, by the terms of use of the website cy.iqos.com (hereinafter the “Website”) and by the terms of the Company’s programmes in which you choose to participate.

2. To whom our services and programmes are addressed – general

All features, services, programmes and procedures referred to herein and provided by PHILIP MORRIS are addressed exclusively to individuals who cumulatively meet the following conditions:

i) they are natural persons, over 18 years of age (such age requirement must already be met at the time of any interaction with the Company and the Products);

ii) they are smokers and/or users of other tobacco products, novel tobacco products, electronic cigarettes, or, more generally, nicotine or related products;

iii) they reside or are present in the Republic of Cyprus;

iv) they hold a Cypriot mobile telephone number; and

v) they have full legal capacity (hereinafter “you”, the “User” or the “Consumer”).

3. Scope of these Terms

Your registration as an adult consumer in our Company’s Adult Consumer Database (hereinafter the “Database” or the “Adult Consumer Database”), as described below, is governed by these Terms. PHILIP MORRIS invites you to read these Terms carefully and reasonably considers that you have taken note of them at the time you accept them during your registration in the Database.

3.1. General description of registration in the Database

3.1.1. PHILIP MORRIS, a subsidiary of PHILIP MORRIS INTERNATIONAL, is engaged, among other activities, in supporting trade and providing services in the context of the importation, distribution and sale of tobacco products, novel tobacco products, non-combustible tobacco products, electronic cigarettes and related products, such as electronic devices and accessories (hereinafter the “Product” or the “Products”), which are lawfully distributed and sold in the Cypriot market by the respective authorized distributor of PHILIP MORRIS INTERNATIONAL products.

3.1.2. When you express interest in receiving information about the Products, even if you do not proceed with the purchase of a Product, or when you purchase a Product at an IQOS physical store or via cy.iqos.com (hereinafter the “Website”), or at a physical store of companies cooperating with PHILIP MORRIS, or at retail outlets offering the Products for sale, or when you participate in other Company programmes related to the purchase of Products (such as, indicatively, the Free Trial Programme), you may register in the Adult Consumer Database of PHILIP MORRIS and obtain an Adult Consumer Record (hereinafter the “Adult Consumer Record” or the “Record”). By registering, you obtain the possibility to carry out remote purchases of Products (e.g. via the Website or by telephone), to receive customer support, communications - provided that you so wish and have given the relevant consent - and the benefits offered by the Company, as well as and/or to participate in specific Company programmes, should you so wish (all of the above provided that you meet the criteria set out in Article 2, as well as any additional criteria that may apply from time to time and on a case-by-case basis).

You may register in the PHILIP MORRIS Database, with or without purchasing a Product, through one of the following methods:

i) Registration through a partner (depending on the point of contact you visit and/or the Product you purchase):

• At an IQOS store or other retail outlets selling the Products.
• Through authorized representatives or partners of PHILIP MORRIS, where such a process is available.
• Following a referral from a retail partner or authorized representatives or partners of PHILIP MORRIS, where such a process/programme is available.
• At other points that may be determined by the Company in the future.

ii) Registration by the User:

• When browsing or purchasing a Product via the Website.
• Following a referral from an existing Product user, where such a programme is available.

3.1.3. To register in the Database and to obtain and maintain a Profile, you must meet the conditions set out in Article 2 above.

It is expressly noted that the Company (either itself or through its partners) verifies your age (a) either in person at a physical point of sale of the Products at the time of your registration, or (b) in the case of remote transactions, as described below.

It is further noted that the full utilization of the functionalities provided through the creation of the Profile, as well as the activation of your participation in specific Company programmes, subject to their respective terms (such as, indicatively, MGM, IQOS Club, etc.), even if you have registered for them, is conditional upon (and subject to) the confirmation of your age by PHILIP MORRIS and/or through its partners, in accordance with the procedures applicable from time to time.

Verification of the User’s age is carried out prior to the completion of a purchase by one of the following methods:

(a) In remote purchases: electronically, through a dedicated age-verification application using camera functionality (see relevant terms here); or

(b) In in-store purchases: in person, at any IQOS Store or authorised partner location, upon presentation of a valid identification document.

3.2.1. Why should I register in the PHILIP MORRIS Adult Consumer Database (as applicable and subject to meeting the relevant conditions)?

• To enable you to carry out online and, more generally, remote purchases of Products through the Company’s remote sales channels (iqos.com).
• To enable you to provide your consent to receive personalized communications, whether or not you have purchased a Product, if you wish, and subject to verification of your age.
• To enable the Company’s sales and distribution channels, after-sales service partners, and Company programmes in which you wish to participate to recognise you as an adult Consumer meeting the criteria set out in Article 2.1 above (from the point of verification or declaration of your adulthood onwards), where prior verification of your identity is required.
• To enable you to benefit from the commercial warranty applicable to the Product you have purchased during its validity period, without the need to present proof of purchase (provided that a commercial warranty is offered for the Product in question and that you have registered the relevant device, in accordance with the applicable terms in force from time to time).
• To enable you to receive the “On Boarding” Personal Customer Care Advisor service, if you so wish and provided that you meet the conditions set out in Article 6.2 below.
• To enable the provision of after-sales customer care services, based on the information contained in your Profile, when you initiate contact with us (e.g. in-store, via the Website, Call Centre, Live Chat, Viber Bot, Facebook, email, or any other means initiated by you). The information contained in your Profile includes, indicatively, the channel through which you registered in the Database, order history, registered device status, contact details and personal data.
• To enable you to register for and participate in specific PHILIP MORRIS programmes, provided that you wish to do so and meet their respective eligibility criteria.

Further details regarding points 4–6 above are set out in Clause 5 of these Terms. More information regarding specific PHILIP MORRIS programmes is available in the respective terms of each programme.

3.2.2. It is expressly noted that, in order for us to engage in commercial communications with you on a personalized, one-to-one basis, your separate, free and explicit consent is required for the receipt of such communications (which you may provide or withdraw at any time, independently).

Any other communication that we may carry out with you under these Terms shall be strictly limited to purposes of emergency or force majeure (including, indicatively, security-related reasons, identity verification, change of authorised person for device registration, amendments to these Terms or to the terms of programmes in which you are enrolled, etc.), operational or procedural purposes, performance of a contract or of the terms of the Company’s programmes, and/or after-sales service purposes following your request (e.g. in the context of warranty services, etc.), and shall not constitute (nor be intended to constitute) any form of commercial communication.

3.3. What actions must I take in order to complete my registration properly?

When registering in the PHILIP MORRIS Consumer Database by any means, you must:

3.3.1 Provide accurate and complete information, maintain such information accurate and up to date throughout the duration of your relationship with us, and refrain from any culpable alteration or modification thereof or from providing outdated or false information. You must also declare your adulthood truthfully and responsibly and complete the registration process by activating the one-time password (OTP) sent via SMS to the mobile number you declare (which also constitutes authentication of your mobile number for access to your Account).

3.3.2 Provided that your age has been verified, in the event of any subsequent change to any of the above details, or in the event of loss of a device that you have registered or its transfer to a third-party adult smoker or user of tobacco or nicotine products, you must promptly notify IQOS Customer Care in a verifiable manner at 8000 8803 (toll-free), Monday to Friday from 09:00 to 21:00 and Saturday from 10:00 to 18:00 (hereinafter collectively the “Contact Numbers”), or via email at contact.cy@iqos.com, and follow the change procedures communicated to you.

3.3.3 The data required as mandatory for your registration are those that are necessary, relevant and appropriate in order to enable PHILIP MORRIS to identify you, where required, in accordance with its procedures and in compliance with its legal obligations confirming that you are over 18 years of age. Further information regarding the processing of your personal data is available in the PMI Privacy Notice.

The information provided by you uniquely identifies you vis-à-vis the Company, as well as vis-à-vis the distribution channels of the Products and the Company’s programmes. PHILIP MORRIS shall not be liable for any action, error or issue arising because of the submission of incorrect, inaccurate or false information, or in the event of failure to properly or timely update such information.

3.3.4. You may hold only one Profile in our Database. Duplicate registration of a User using the same email address and/or telephone number is not permitted.

Furthermore, any attempt to commit fraud through the registration of an individual using modified, fictitious or multiple accounts, as identified within the context of, or in relation to, ongoing promotional activities, shall result in the exclusion of the relevant User from any discounts and/or rewards.

3.3.5. Prior to your registration, you must be informed of and accept these Terms as well as the PMI Privacy Notice. In any case, the Terms will always be available to you at any time on the cy.iqos.com Website.

You may also request further information either through the “Support” section of our Website or by contacting our Call Centre through any of the available communication channels (including by telephone, Live Chat, Viber Bot, Facebook or email).

4. Deletion

4.1 The User has the right to delete their account from the PM CY Database at any time by selecting the “Delete Account” option in the “My Account” section of the iqos.com online store.

Alternatively, the User may request the deletion of their account by:

• sending an email to contact.cy@iqos.com,
• calling the customer care line at 800 088 03, or
• completing the contact form available at the following link: https://cy.iqos.com/en/contact-us

It is noted that, in the event of account deletion, the purchase of Products through the online store will no longer be possible, nor will the User be able to participate in the Company’s programmes, in accordance with the provisions of Article 4.4 below.

4.2 It is expressly noted that deletion from specific Company programmes in which you may be enrolled does not entail the deletion of your Account from the Website and/or from the PHILIP MORRIS Database as a whole.

4.3 In any case, you will also be automatically deleted from our Database in accordance with the procedures followed by PMI, as follows:

(a) if you have never purchased a Product (through any channel or medium) within a period of 12 months from your registration in our Database; or

(b) if you have purchased a Product, and no interaction with us (through any channel or medium) has occurred for a period exceeding 24 months from the date of purchase of the Product.

With each interaction or purchase, the above time periods are renewed, as applicable.

4.4 Upon deletion from the Database as a whole, your data will be deleted (through anonymization and/or other technically equivalent measures), without prejudice to any data that must be retained for the fulfilment of the Company’s legal obligations.

5.1 Device Registration and Warranty (without the need to present proof of purchase)

5.1.1 By registering your device in your Profile, you gain access to the commercial warranty (depending on the Product you have purchased) and have the ability to monitor its validity period and compliance with its terms, without the need to present proof of purchase of your device for service (for the purpose of demonstrating the purchase date and confirming that you are within the warranty period).

5.1.2 Any service provided to you is always subject to the terms of the commercial warranty included in the Product packaging (device for novel tobacco products or electronic cigarettes) that you have purchased. Each time you make use of the warranty, the relevant incident is recorded in our Database and in your Account, so that a record of your service history is maintained and your entitlements can be determined accordingly.

5.1.3 If you do not register your device, you do not lose your rights under the warranty terms that accompany your device. However, you will be required to present proof of purchase each time in order to confirm the duration of the warranty (otherwise, you will not be able to exercise such rights, as the purchase date and the commencement and expiry date of the warranty period cannot be verified).

5.1.4 It is noted that, in order to benefit from the above, your personal data used to register your device must correspond to the personal data provided during your registration in the Database. If you gift your device to a third-party adult smoker, the device must be registered under the details of such third party. We reserve the right to request supporting evidence in this regard and to take appropriate actions in cooperation with you to transfer the device to the third party in possession thereof.

5.1.5 Nothing in the above limits or excludes your rights under the statutory warranty governed by the laws of the Republic of Cyprus, as applicable from time to time. It is noted that, upon registration of your device in your Profile, presentation of proof of purchase is not required for the exercise of your statutory warranty rights.

5.1.6 You may deregister your device from your Account, if you so wish, either at an IQOS store or by calling 8000 8803 (toll-free), Monday to Friday from 09:00 to 21:00 and Saturday from 10:00 to 18:00 (hereinafter collectively the “Contact Numbers”), or by yourself through cy.iqos.com. It is noted that, upon deregistration of the device, you will lose the benefits described herein (subject to Article 5.1.5 above, which shall continue to apply).

5.2. Personal Customer Advisor Programme (Onboarding)

5.2.1. Upon your registration in the Database and provided that you meet the following conditions: (a) your legal age has been confirmed, (b) you have purchased a specific Product for the first time, (c) (where the Product includes a device) you have also registered the device, (d) you have provided your explicit consent to participate in the Personal Customer Advisor Programme (Onboarding), and (e) you have provided your explicit consent to receive commercial communications from PHILIP MORRIS, you will be eligible to participate in a specially designed customer service and support programme following the purchase of a new device.

This programme is part of the Company's broader post-sale customer support mechanisms, provided that the Products are either:

• new, cutting-edge technology products with heightened safety and proper-use requirements, as well as increased service and support needs to ensure a smooth transition and adaptation to their use; or
• products with specific usage requirements that may require additional guidance or clarification from our advisors, who may contact you within the framework described above.

The continuation, modification, or termination of the terms governing this programme remains at the sole discretion of the Company.

5.2.2. Where the Product you have purchased includes a device, this Programme will be activated when it is established upon device registration that it is your first device. It may also be activated upon registration of a subsequent device, where such device is identified as a different version of the Product with material differences compared to your previously registered devices.

5.2.3. If you no longer wish to receive services under the above Programme, you may contact an IQOS store or call 8000 8803 (toll-free), Monday to Friday from 09:00 to 21:00 and Saturday from 10:00 to 18:00 (hereinafter collectively referred to as the “Contact Numbers”). Discontinuation of communications relating to this Programme shall not result in your deletion from the Database or from other programmes in which you participate (unless you explicitly request deletion either from such programmes or from all communications). However, full deletion from the Database will result in the termination of all communications from PHILIP MORRIS.

5.3 General After-Sales Customer Care Based on Your Profile

If you are registered in our Database and have purchased a Product, we will provide you with general after-sales customer care services based on the information available in your Profile when you contact us.

This applies when you reach out to us on your own initiative (e.g. in-store, via the Website, by telephone, through Live Chat, Viber Bot, Facebook, email, or any other communication channel) to request our assistance, ask questions, or raise any issues related to the Products you have purchased.

In this context, the Company will propose solutions to your concerns, provide guidance on the proper and safe use of the Products based on your inquiries, and offer any support required according to your needs.

5.4. IQOS CLUB Programme

If you have an Adult Consumer Profile in our Database, have registered an IQOS, Veev, or Lil Solid device, and your legal age has been verified, you may enrol in the IQOS CLUB, provided that you accept the Programme’s terms and conditions.

You can view the IQOS CLUB terms and conditions for participation here.

5.5. Member Get Member Programme

If you have an Adult Consumer Profile in our Database, have registered an IQOS or Lil Solid device, and your legal age has been verified, you may inform an adult smoker friend that they may, if they wish, receive information about the Products (hereinafter the “Referral”), in accordance with the procedures described in detail in the Programme terms.

You can view the Member Get Member Programme terms here and the Communication Terms within the context of the “Member Get Member” Programme here.

6. Special Provision

6.1. It is expressly noted that the Company does not provide any form of health-related advice or guidance. Any such matters remain solely the responsibility of your physician, whom you are advised to consult promptly and whose advice you should follow.

If, during your communication with us, you voluntarily and at your own initiative disclose any health-related information, the Company shall only record such information (on a fully anonymous basis).

6.2. The Products are intended for adult Consumers who identify themselves as smokers or users of tobacco or nicotine products and who would otherwise continue to smoke or use nicotine products. The Products are not an alternative to quitting smoking and are not designed as cessation aids. They are not risk-free and contain nicotine, which is addictive.

Further information regarding associated risks is available on the website cy.iqos.com at the section ‘Important Information’. In all cases, your registration in the Database (and participation in any Company programme) is based on your acknowledgement and acceptance of the above, following your personal and informed choice as an adult consumer.

7. Limitation of Liability of PHILIP MORRIS

7.1. You register in our Adult Consumer Database on your own initiative and at your own responsibility, with full awareness that you are visiting a point of sale for tobacco and/or nicotine products, and following your formal declaration that you are over 18 years of age and a smoker or user of tobacco and/or nicotine products.

7.2. You agree to indemnify, defend and hold harmless PHILIP MORRIS, the companies of the Philip Morris International Group, and their directors, officers, employees, advisors, representatives and partners, from and against any and all third-party claims, liabilities, damages and/or costs arising out of or in connection with any wrongful, unlawful or non-compliant use of your Accounts by you, or any culpable breach by you of any of these Terms. In any case, you are required to promptly notify PHILIP MORRIS via email at contact.cy@iqos.com, through the Website under the “Support” section, or by contacting IQOS Customer Care at 8000 8803 (toll-free), Monday to Friday from 09:00 to 21:00 and Saturday from 10:00 to 18:00 (hereinafter collectively referred to as the “Contact Numbers”), if you become aware of, or have reasonable grounds to suspect, that any unlawful or unauthorized use of your Accounts has occurred (including due to your negligence), in order for PHILIP MORRIS to take the necessary measures to limit any potential damage.

7.3. Furthermore, you bear full and exclusive responsibility for any loss or damage incurred by PHILIP MORRIS as a result of inaccurate, false or outdated information provided by you. It is noted that any notification sent (in fulfilment of PHILIP MORRIS’ legal obligations or in the context of specific communications provided for under these Terms) to the email address you have provided upon Account creation shall be considered valid, even if not received by you due to errors in the contact details you have provided and/or due to technical or other issues relating to your server, telephone, telecommunications provider, or due to changes in your contact details (where you have failed to duly inform PHILIP MORRIS accordingly).

8. Miscellaneous Terms

PHILIP MORRIS reserves the right, indicatively and not restrictively, to:

8.1. amend, at any time, part or all these Terms and determine the appropriate means of notifying Users (whether individually via their contact details, or through public announcements on the Website, or both, or by any other method at its discretion).

8.2. renew, upgrade, or temporarily or permanently discontinue part or all its programmes and/or services referred to herein.

9. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Cyprus.

By accepting these Terms, the User expressly and unreservedly agrees that any dispute against PHILIP MORRIS arising from the use of the Website or relating to the execution or interpretation of these Terms shall fall under the jurisdiction of the District Court of Nicosia and shall be governed by the laws of the Republic of Cyprus.

10. Final Provisions

10.1. The above Terms are binding in their entirety upon the parties (PHILIP MORRIS and the Users) and constitute the entire agreement between the parties, superseding any and all prior or current agreements between the User and PHILIP MORRIS. These Terms are of indefinite duration and may be terminated at any time by either party (PHILIP MORRIS or the User).

In particular, PHILIP MORRIS may terminate these Terms by sending a relevant notice via email to the address you provided during Account creation and by granting a reasonable notice period, after which your Profile in the Database will be deleted and your Account, as well as your participation in our programmes, will be deactivated.

You may terminate these Terms by following the deletion process set out in Article 4 above.

10.2. If any provision of these Terms is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect and continue to bind the parties.

Where possible, any provision (or part thereof) shall be interpreted separately in order to preserve the validity of the remaining provisions. Otherwise, you agree that such provision shall be amended and interpreted so as to reflect, as closely as possible, its original intent in accordance with applicable law.

10.3. Any delay by either party in exercising, in whole or in part, any rights arising under these Terms shall not constitute a waiver or weakening of such rights, which may be exercised at any time thereafter at the reasonable discretion of the entitled party.

10.4. The headings contained in these Terms are included for convenience only and shall not affect their meaning or interpretation.