Terms and Conditions for participating in the IQOS Care Plus

Last updated: May 16 2019

1. Application of Terms/Eligibility

1.1 These terms and conditions (Terms) are applicable to and govern your participation in the IQOS Care Plus program (IQOS Care Plus). You should read these Terms carefully as they affect your legal rights and govern your relationship with Rothmans, Benson and Hedges Inc. 1500 Don Mills Road, Toronto, ON M3B3L1(RBH).

1.2 You are only eligible for membership of IQOS Care Plus if: (i) you are a legal age smoker or legal aged IQOS user of your province of residence and you are registered in our IQOS database; and (ii) You are a Canadian resident.

1.3 To participate in IQOS Care Plus you must register an eligible device as described in paragraph 2.1 (Device) in our database either at iqos.com, by calling customer service center, by post, at IQOS coach or at a participating IQOS store.

1.4 As of June 3rd, enrollment for IQOS Care Plus is automatic upon registering a Device to your IQOS account. For those legal age consumers who have registered devices prior to June 3rd, any Device with a valid warranty will be enrolled for the remaining duration of their warranty.

1.5 If you do not agree (or cannot comply) with these Terms, then you are not permitted to use IQOS Care Plus. You can immediately dis-enroll in the program at your own discretion through iqos.com or by calling our customer service center at 1-800-304-4033.

1.6 No modification of these Terms by you is permitted unless RBH expressly agrees in writing.

1.7 Your use of IQOS Care Plus is at our discretion and we may refuse your application to use, or we may terminate your right to use IQOS Care Plus for any reason including if you breach any of these Terms.

1.8 We also reserve the right to amend these Terms and IQOS Care Plus upon notice at any time. If you do not agree to any such amendments you may terminate your membership of IQOS Care Plus.

2. Eligible Devices/Registration

2.1 The following Device models are eligible for registration in IQOS Care Plus:

• (a) IQOS 2.4+, IQOS 3 or Holders and Chargers thereof
• (b) IQOS 3 MULTI

2.2 The Device must have a readable and valid serial number. Second hand Devices are not eligible for registration.

2.3 If you are already registered in our database, purchased any IQOS device from July 2018 onward, and have a device registered to your account you will be automatically enrolled in the program.

2.4 For all new IQOS users who register in our database after the IQOS Care Plus launch date you may become a IQOS Care Plus member by registering your device through the ‘My Devices’ page on iqos.com. Enrollment in the program will be automatic and apply for the duration of the voluntary device warranty.

2.5 In completing the registration process (personal information & device registration) you must provide all required mandatory information in an accurate and complete manner and keep this information up-to-date. If you provide inaccurate or incomplete information RBH reserves the right to terminate your membership of IQOS Care Plus without notice.

2.6 Membership of IQOS Care Plus and the services provided are personal to you and may not be transferred to any third party.

2.7 Your use of IQOS Care Plus is linked to Canada. As IQOS Care Plus is only available in certain countries if you change your country of residence, then you must inform us and reapply to use IQOS Care Plus in your new country of residence, if applicable.

3. Term and Termination

3.1 The term of your membership in IQOS Care Plus is from the date of acceptance of these Terms and valid within the remaining duration of your 12 months’ IQOS voluntary warranty period.

3.2 You may terminate your membership of IQOS Care Plus at any time with immediate effect by notifying RBH via email: info@iqos.ca or phone 1-800-304-4033. Upon termination of your membership you are no longer entitled to receive the Services for any of your Devices.

3.3 RBH may terminate your membership with IQOS Care Plus at any time with immediate effect if you breach these Terms. RBH may also terminate your membership for any reason upon 30 days’ notice.

3.4 Membership of IQOS Care Plus entitles you to the services described in paragraphs 4 and 5 (Services).

4. [Accidental Damage]

4.1 If your Device suffers [accidental and unintended damage] that affects the functionality of your Device which is not caused by your misuse or reckless behavior (Accidental Damage) you may be eligible for a replacement Device as described in this paragraph 4.

4.2 You must give the damaged Device (including all components) to RBH and you will be provided with a replacement IQOS device of the same type equivalent to a new Device in performance and reliability. If a replacement IQOS device of the same type is not available, an IQOS device which is at least functionally equivalent will be provided as a replacement. RBH will keep all replaced Devices. If only part of the Device is damaged e.g. the holder or the charger, then only the damaged part will be replaced and RBH will only keep the replaced part of the Device.

4.3 Limitations from Accidental Damage

• (a) You must take all reasonable precautions to protect your Device and use and maintain the Device in accordance with its instructions and user guide. If you do not do so then you are not entitled to a replacement Device.
• (b) You are limited to one replacement Device for Accidental Damage for each registered Device. After the first claim is settled, the Accidental Damage in Canada and associated Rapid Replacement on this program will cease. However, you can still receive the remaining Services for your Device until the end of your membership term.
• (c) You are not entitled to a replacement Device where the Accidental Damage was caused prior to the launch date of IQOS Care Plus or where any of the following circumstances are applicable:
  • (i) any product that is not an eligible Device as per the list contained in paragraph 2.1;
  • (ii) damage caused by abuse or misuse, or actual, or attempted, modification or alteration of the Device, power surge;
  • (iii) Devices with a serial number that has been altered, defaced or removed;
  • (iv) Devices that have been opened, serviced, modified or altered in a manner not authorized by RBH;
  • (v) the loss or theft of your Device;
  • (vi) cosmetic damage to your Device which does not affect the functionality of the Device, including, but not limited to, hairline cracks, scratches, dents, broken plastic on ports and discoloration;
  • (vii) damage or failure caused by normal wear and tear and/or usage of the Device;
  • (viii) improper handling, or liquid contact, damage from fire, flood, or natural disaster, war, terrorism, or acts of God;
  • (ix) malfunction due to use with non-compatible product;
  • (x) damage or malfunction caused by failure to use as described in the associated IQOS User Guide or
  • (xi) failure due to defects in materials and/or workmanship and/or design; however, such failures may be covered separately either by your consumer rights or by the IQOS voluntary warranty that is in addition and without prejudice to all rights and remedies provided by consumer protection laws in the country of purchase.

4.4 Making a claim under Accidental Damage

• (a) You must:
  • (i) report your claim to RBH as soon as possible and no later than 14 days from the date your Device suffers Accidental Damage, including the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem;
  • (ii) if requested by RBH, you must provide proof of purchase for your Device; and
  • (iii) follow packaging and mailing instructions given by RBH for shipping the affected Device to RBH; and
  • (iv) otherwise comply with RBH’s return Devices authorization process.
• (b) You may also make a claim via customer service center by telephoning 1-800-304-4033 and providing the same information detailed in paragraph 4.4(a).
• (c) You must not send RBH products and accessories that are not supported by Accidental Damage replacement. If you send RBH these items they will not be returned and they will be destroyed.
• (d) RBH will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways:
  • (i) Courier delivery. A replacement Device will be couriered to you and you must send the affected Device to RBH
  • (ii) Carry-in service. You can return your affected Device to a participating IQOS store and participating IQOS service points you will be provided with a replacement.
  • (iii) Mail-in service. RBH will provide you with prepaid postage and packaging required so that you can send your affected Device Equipment to RBH. Once the screening is complete, RBH will return the Device or a replacement to you. RBH will pay postage costs to and from your location if all instructions are followed by you.
• (e) If you seek to claim a replacement Device in a country that is not Canada, you will need to comply with all applicable import and export laws and regulations, and you will be responsible for all customs duties, value added tax and other associated taxes and charges that may apply.

5. International Assistance

5.1 You have access to an international toll free number (charges may apply in some locations) when traveling abroad to countries where IQOS is commercialized by Philip Morris International or its affiliates or an authorized partner. This service includes troubleshooting assistance from experienced IQOS agents and if required, replacement of your Device within (i) Accidental Damage in accordance with these Terms or (ii) IQOS Device issues defined in terms of material or workmanship when used in accordance with the IQOS User Guide.

5.2 Service options, Device availability, response and delivery times may vary according to country. This service will not affect your statutory rights and rights under IQOS voluntary warranty valid in Canada.

5.3 Limitations from International Assistance

• (a) The limitations contained in paragraph 4.3 (Limitation) apply to Accidental Damage replacement under International Assistance.
• (b) The following are excluded from replacement of IQOS Device issues defined in terms of material or workmanship when used in accordance with the IQOS User Guide the service:
  • (i) damage caused by normal wear and tear;
  • (ii) cosmetic damage (such as scratches, dents, broken plastic etc.);
  • (iii) damage caused by misuse, power surge, improper handling, liquid contact or fire;
  • (iv) malfunction due to use with non-compatible product;
  • (v) damage or malfunction caused by attempt to open, modify and repair, either by a user or by a service provider not accredited by the manufacturer; or
  • (vi) damage or malfunction caused by failure to use as described in the associated IQOS User Guide.

5.4 Making a claim under International Assistance

• (a) You must:
  • (i) report your claim to customer service center by telephoning the number 1-8003044033 as soon as possible and no later than 1 day from the date your Device suffers Accidental Damage or IQOS Device issues defined in terms of material or workmanship when used in accordance with the IQOS User Guide, including the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem;
  • (ii) if requested by RBH, you must provide proof of purchase for your Device; and
  • (iii) follow packaging and mailing instructions given by RBH for shipping the affected Device to RBH; and
  • (iv) otherwise comply with RBH’s return Devices authorization process.
• (b) RBH will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways:
  • (i) Courier delivery. A replacement Device will be couriered to you and you must send the affected Device to RBH
  • (ii) Carry-in service. You can return your affected Device to a participating IQOS store and participating IQOS service points you will be provided with a replacement.
  • (iii) Mail-in service. RBH will provide you with prepaid postage and packaging required so that you can send your affected Device Equipment to RBH. Once the screening is complete, RBH will return the Device or a replacement to you. RBH will pay postage costs to and from your location if all instructions are followed by you.
• (c) You will need to comply with all applicable import and export laws and regulations, and you will be responsible for all customs duties, value added tax and other associated taxes and charges that may apply.

6. Other Services

6.1 IQOS Coach. You will have access to a dedicated remote coach for supporting you in converting from cigarettes to IQOS. Access is during normal business hours in Canada.

6.2 Rapid Replacement Service. This service provides for rapid replacement of your Device within a guaranteed time period in case of Accidental Damage and/or where you have a valid claim for IQOS Device issues defined in terms of material or workmanship when used in accordance with the IQOS User Guide. For a replacement due to Accidental Damage, you are limited to one Rapid Replacement Service. Eligibility for this service is determined by RBH. This service is only applicable in the selected locations of your country of registration.

6.3 First to Know. You will receive news and information about IQOS Care Plus, IQOS products and services, news and updates of relevance for participants.

6.4 Special Offers. You are eligible to a discount of 10% reduction on all IQOS accessories which are not considered to be a tobacco product (this excludes device, cap, door, charger and cleaning device) that you purchase online and in participating IQOS stores up to a maximum spend of 2.000 CAD during your membership period.

7. Your Obligations.

• You agree:
• (a) not to misuse the IQOS Care Plus program and the Services;
• (b) to keep your membership account safe and secure;
• (c) where an exchange takes place, then any replacement Device becomes your property and the replaced Device becomes the property of the entity which makes the exchange; and
• (d) to comply with applicable law.

8. Warranty/Limitation of Liability

8.1 As your membership of IQOS Care Plus is included in the price of a device, it is provided ‘As Is’ and without any warranty.

8.2 RBH 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 Care Plus or your use of the Services. RBH shall not be liable for any of the losses described in this paragraph 8.2 even if you have informed RBH of the possibility of such losses.

8.3 Nothing in this paragraph 8 excludes any liability that cannot be excluded by applicable law.

9. Miscellaneous

9.1 IQOS Care Plus is not an insurance policy.

9.2 IQOS Care Plus is currently provided free of charge.

9.3 Details of the processing of your personal data that you provide us are described in our Privacy Notice available at https://www.pmiprivacy.com/en/consumer.

9.4 These Terms are subject to the laws of the registered office of RBH. Any legal dispute will be subject to the exclusive jurisdiction of the province of Ontario, in which RBH has its registered office.

9.5 For questions, inquiries and contact information please refer to https://ca.iqos.com // 1-800-304-4033.