IQOS Club Terms&Conditions
Terms and Conditions for participating in IQOS CLUB
Last updated: May 26, 2020
1. Overview of IQOS CLUB
1.1 IQOS CLUB is a status based program for our loyal IQOS customers. Through IQOS CLUB you are able to collect Status Points by taking certain actions, and in return we offer you Benefits including one-of-a-kind events and experiences, a chance to win prizes and special offers.
1.2 We use certain defined terms in these Terms which are in bold. A list of these defined terms is provided at paragraph 15.
2. Application of Terms
2.1 These terms and conditions (Terms) are applicable to and govern your participation in the IQOS CLUB program (IQOS CLUB). You should read these Terms carefully as they affect your legal rights and govern your relationship with the company Philip Morris Albania SHPK, Murat Toptani str., Eurocol Center, K. 10, Tirana, Albania (PMA).
2.2 For the duration of your membership, you agree to be bound by these Terms. If you do not agree or cannot comply with these Terms, you may cancel your membership at any time by contacting IQOS Customer Care Call Center (email: firstname.lastname@example.org; free call: 08001515). Your IQOS CLUB membership and Terms are valid in Albania, as per our IQOS database.
2.3 We reserve the right to amend these Terms and the mechanics, services and Benefits of IQOS CLUB upon notice at any time. If you do not agree to any such amendments, you may terminate your membership of IQOS CLUB.
2.4 No modification of these Terms by you is permitted unless PMA expressly agrees in writing.
3.1 Your use of IQOS CLUB is at our discretion and we may refuse your application for any reason. We may also terminate your right to use IQOS CLUB for any reason including if you breach any of these Terms.
3.2 You are only eligible for membership of IQOS CLUB if: (i) you are an IQOS user aged 18 years old and above, and you are registered in our IQOS database; and (ii) your main residence is in Albania.
3.3 IQOS CLUB membership is only available to natural persons. Legal entities, including but not limited to companies, partnerships, entrepreneurs, and unincorporated associations, are not eligible for membership. A member of IQOS CLUB may not have multiple memberships. You must maintain only one account in the IQOS CLUB.
4. Membership Conditions
4.1 To become IQOS CLUB member you must have at least one registered and eligible device as described in paragraph 4.2 (Device) in our database. If you have more than one registered Device, you will still only have one IQOS CLUB membership. If we change these Terms, and you then use the services and Benefits of IQOS CLUB, or you register another Device, you agree to be bound by the changed Terms. You can register the Device: (i) at your profile page on iqos.com to participate in IQOS CLUB program; (ii) by calling the customer service center at 08001515 or; (iii) at a participating IQOS Zone. IQOS Zone is a Point of Sale of IQOS portfolio, operated by PMA or its partners, which is designated and periodically updated by PMA.
4.2 You may have the following Device models for purpose of your membership to IQOS CLUB:
(a) IQOS 2.4+, IQOS 3, IQOS 3 DUO
(b) IQOS 3 MULTI
(c) If applicable, any future IQOS Devices which qualify you for membership in IQOS CLUB.
4.3 Registration may be done at any time provided that you are of legal age and a registered user of one of the specified models of the Device.
4.4 Membership of IQOS CLUB and the services and Benefits it provides are personal to you, and may not be transferred to any third party.
4.5 IQOS CLUB is only available in certain countries. Your use of IQOS CLUB is linked to your country of residence (Albania). If you change your country of residence then your membership in that country automatically expires and you must inform us and reapply to use IQOS CLUB in your new country of residence (if IQOS CLUB is available in that country).
5. IQOS CARE PLUS
5.1 Your membership of IQOS CLUB complements your access to IQOS CARE PLUS for the period of one year from the moment of purchase of your Device, where you can benefit from special care and service for your registered Device. See more information about IQOS CARE PLUS here https://al.iqos.com/en/support/care-plus. IQOS CARE PLUS is subject to separate terms and conditions available at https://al.iqos.com/en/support/care-plus).
6.1 As a result of your membership to IQOS CLUB and based on your Status Level, you will be entitled to the Benefits listed on the IQOS CLUB benefits page, see here https://al.iqos.com/en/loyalty/benefits?p=1.
6.2 You may receive Benefits through the collection of Status Points and reaching different Status Levels. The process for earning Status Points is described in paragraph 7. The choice of Benefits you may receive is subject to their availability.
6.3 Only you may request Benefits based on your Status Level. Benefits may only be used by you unless the specific Benefit expressly provides for other persons to use it.
6.4 Benefits must be used during the term of your Status Period, alternatively and if applicable, within the time period attached to the Benefit. Benefits not used within the given period shall expire. Failure to utilize a Benefit which is booked for a specific date or time will result in the Benefit being cancelled.
6.5 Certain Benefits (e.g. purchase of a new device for 100 Lekë and free accessories) can apply only to the highest Status Level (Platinum). PMA can change these Benefits at any moment, and they can be used only once during the Status Period.
6.6 Some Benefits may be provided by our service partners (Service Partners). Benefits from Service Partners may be subject to the Service Partner’s terms and conditions. PMA will use reasonable efforts to ensure the availability of such Benefits, but will not be liable for any loss arising from the failure of a Service Partner to provide such Benefit except where such failure is caused by PMA. In such case, the liability of PMA shall be limited to the monetary value of the Benefit.
6.7 PMA reserves the right to: (i) discontinue relationships with Service Partners and access to such Benefits for any reason at any time; and (ii) to modify the Benefits at any time for any reason. Upon any such change PMA will notify you, for example through updates on the IQOS CLUB website or through email.
7. Status Points and Monetary Vouchers
7.1 As a member of IQOS CLUB you are able to earn Status points (Status Points) for activities with PMA and our Service Partners in one of the following ways: Purchase of a new IQOS device, Purchase of IQOS accessories, IQOS Referral (using your Referral Code), Visiting of the IQOS stores. PMA may, at its discretion, at any time, change the rules and methods for obtaining Status Points, subject to prior notification.
7.2 Status points are earned by activity. Detailed information about status points can be found at [insert link].
7.3 Status Points can only be earned by you, and may not be transferred to another member or any third party.
7.4 Status Points are recorded by PMA in your membership account. Status Points are not redeemable.
7.5 In case of any dispute about entitlement to Status Points, PMA may require you to provide proof of performance of the activity for which you claim Status Points. Claims must be received by PMA within six (6) months of the activity.
7.6 Status Points may not be used with any other Status or loyalty program.
7.7 From time to time, PMA may offer monetary vouchers for IQOS CLUB members. Such vouchers may be offered for the services of IQOS CLUB Partners. For them, general Terms will be applied and published with each voucher offer and, in the event of a conflict, take precedence over these Terms.
8. Status Level
8.1 IQOS CLUB has three Status levels: Silver, Gold, and Platinum (Status Level). Your Status level determines the services and Benefits that you are entitled to as a member of IQOS CLUB.
8.2 The number of Status Points you earn in each calendar year determines your Status Level for the next one. When you collect enough points, your status will automatically advance to the next level. At the end of each calendar year your Status Points return to zero and your Status Level is reviewed by PMA and will be updated according to the number of Status Points you have accumulated in previous full calendar year. The current number of Status Points is described at each member’s profile page. PMA may at its discretion change the number of Status Points needed for each Status Level upon notice at any time.
8.3 Progressions start from Silver to Gold, Gold to Platinum, depending on the number of Status Points accumulated in the full calendar year. Unless sufficient points are accumulated during the next calendar year, required to retain the current status, the status will be changed to the status corresponding to the number of points collected during the preceding year.
(a) not to misuse the IQOS CLUB program, including its services and Benefits;
(b) not to obtain Status Points or Benefits by fraud;
(c) to treat our staff and those of our Service Partners with courtesy and respect;
(d) to keep your membership account, safe and secure;
(e) not to copy or distribute any content of IQOS CLUB unless explicitly permitted;
(f) to comply with applicable laws; and
(g) to comply with these Terms.
8.4 PMA has the right to test the participation of any member of the IQOS Club in order to detect any intentional or unintentional irregularities in the use or misuse of the Referral Code, for the purpose of obtaining personal gain. Testing is performed when one Referral Code is used more than 10 times. A member can share his or her Referral Code in any way they wish, as long as this type of communication can be characterized as personal, one to one communication, to the known recipient. Advertising, mass promotion, one to many communication or addressing unknown recipient with the Referral Code, whether by its owner or a third party, is strictly prohibited and will result in immediate exclusion from the IQOS Club. PMA reserves the right to terminate the Code based on test results, and in the event of misuse, cancel any previously achieved result using such a Referral Code. Any member whose Referral Code is deactivated automatically loses the right to enter the IQOS Club.
9. PMA will receive, store, and otherwise process your personal information in connection with administering the IQOS CLUB and your participation in it. To learn how we will use your personal information collected in connection with your IQOS CLUB account, read the PMA Privacy Notice at [insert link].For the purpose of full scope experience of IQOS CLUB you will receive communications regarding the program.
10. Term and Termination
10.1 The term of your membership in IQOS CLUB is from the date of your acceptance of these Terms and continues throughout the period during which you are an active member. To preserve this status, you would need in every six month period to have purchased at least one IQOS-related item and/or to have responded to one communication/activity through IQOS CLUB platform (Active Member). After the expiration of an Active Member status (Expiration Date), your membership in IQOS CLUB will cease automatically within four weeks from the Expiration Date, in order to allow you the opportunity to make use of any unused vouchers and/or Benefits that you might have received during your membership period.
10.2 You may terminate your membership of IQOS CLUB at any time with immediate effect by notifying PMA at email@example.com or by calling 08001515.
10.3 PMA may terminate your membership with IQOS CLUB at any time with immediate effect if you breach these Terms, in which case there will be no additional period during which you can use any previously awarded services or Benefits. PMA may also terminate your membership for any reason upon 30 days’ notice, during which you can use any previously awarded services or Benefits (subject to their availability during this period).
10.4 Upon expiration of your membership, you are no longer entitled to receive any of the services and Benefits of IQOS CLUB, excluding those of IQOS CARE PLUS which will remain in effect until the expiration of one year from purchase of your registered device. Any unused vouchers and Benefits are cancelled automatically within a 4 week period, after the Expiration Date.
11. Warranty/Representation/Limit of Liability
11.1 PMA makes no representations as to any income, use or other tax liability you may incur as a result of your membership of IQOS CLUB. You are advised to check with your accountant or tax adviser for further information, and are solely responsible for any tax liability incurred as a result of your membership of IQOS CLUB, redemption of vouchers, or receipt of Benefits.
11.2 PMA shall not be liable to the maximum extent permitted under applicable law whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct losses, loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your membership of IQOS CLUB or your use of any of the services or Benefits related to the IQOS CLUB. PMA shall not be liable for any of the losses described in this paragraph even if you have informed PMA of the possibility of such losses.
11.3 Nothing in this paragraph 10 excludes any liability that cannot be excluded by applicable law.
12. Ownership and Risk
12.1 Ownership of Status Points and Benefits remains with PMA at all times and never passes to you. You have a right to use Benefits in accordance with these terms.
12.2 Risk in Benefits and vouchers passes to you as soon as you redeem a Benefit or make use of a voucher.
13.1 Other than as specifically notified by PMA for a particular Benefit in writing, Status Points, vouchers and Benefits are not redeemable for cash, refundable or exchangeable. At no time may Status Points, vouchers and Benefits be purchased by, sold to, bartered or otherwise transferred to any third party including any other member unless specifically authorized to do so. PMA may cancel any Status Points, vouchers and Benefits dealt with in this way.
13.2 Any attempted sale or transfer of Status Points, vouchers or Benefits contrary to these Terms is a material breach and will automatically result in the termination of membership of all parties involved.
14.1 Given that membership in IQOS CLUB is free, it is made available as is.
14.2 For questions, enquiries and contact information about IQOS CLUB please contact us at 08001515.
14.3 PMA reserves the right to suspend or discontinue the eligibility of you or any person who uses, or, in the case of suspension, is suspected of using, IQOS CLUB in a manner inconsistent with these Terms or applicable law. In addition to suspension or discontinuance of IQOS CLUB eligibility, PMA shall have the right to take appropriate administrative and/or legal action, as it deems necessary in its sole discretion.
14.4 PMA’s failure to enforce these Terms shall not constitute a waiver of the Terms, or any of its provisions.
14.5 Accumulation of Status Points, vouchers and Benefits is determined by PMA at its own discretion.
14.6 Upon the death of any member, any Status Points, vouchers and Benefits accumulated by that member are automatically cancelled.
14.7 All questions or disputes regarding eligibility for the IQOS CLUB, the availability of Benefits, or your compliance with these Terms will be resolved by PMA at its own discretion. The decision of PMA shall be binding.
14.8 PMA is not responsible for any incorrect or inaccurate information supplied by you while participating in IQOS CLUB, nor for any lost or misdirected communications to or from you regarding the IQOS CLUB.
14.9 You are responsible for maintaining updated contact information on your IQOS CLUB account.
14.10 Notices by PMA hereunder may be made in writing, including by email.
14.11 These Terms are subject to the laws of the registered office of PMA. Any legal dispute will be subject to the exclusive jurisdiction of the city in which PMA has its registered office.
14.12 Any provision of these Terms declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.
14.13 If there is any conflict in meaning between the English language version of these Terms and Albanian language version, the English language version shall prevail.
15.1 For the purpose of these Terms:
Active Member Has the meaning described in paragraph 9.1.
Benefits Means the benefits of IQOS CLUB from time to time as references in paragraph 6.1.
Device Means an eligible IQOS device under warranty for the device models listed in paragraph 4.2.
IQOS CLUB Has the meaning described in paragraph 2.1.
Philip Morris Has the meaning described in paragraph 2.1.
Status Points Has the meaning described in paragraph 7.1.
Service Partners Has the meaning described in paragraph 6.6.
Status Level means either Silver, Gold or Platinum
Terms Has the meaning described in paragraph 2.1.
Status Period Means any calendar year from 1 January to 31 December during which you are a member of IQOS CLUB, provided that for your first year of membership this period is extended until the end of the following calendar year.
IQOS Zone Has the meaning described in paragraph 4.1.
Expiration Date Has the meaning described in paragraph 10.1.