Publication Viewing Component Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These Terms and Conditions of Use are a legal agreement between you ("you") and Rothmans, Benson & Hedges Inc. ("RBH", "we" or "us") and govern your use of the Canadian publication viewing component of www.iqos.com or any other online application where these Terms and Conditions are posted (collectively, the "Site") through the Site.
For greater certainty, the Canadian shopping component of the Site is governed by a separate set of terms and conditions, which are available at the Canadian store component of the Site or at the registration page to the Canadian shopping component of the Site.
In order to use the Site, you must accept these Terms and Conditions of Use without change. By accessing this Site, you are indicating your acknowledgment and acceptance of these Terms and Conditions of Use and all related policies and guidelines of this Site.
These Terms and Conditions of Use or any other policies or guidelines governing the Site will be posted on the Site and are subject to change by RBH at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms and Conditions of Use posted on the Site at the time of such use. Your continued use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms and Conditions of Use regularly. If you do not agree to any changes to these Terms and Conditions of Use, please immediately discontinue your use of the Site.
In order to use the Site, you must register with the Site, and in order to register with the Site you must be legal smoking age in your province of residence or older. If you choose to register with the Site, you agree to: (i) provide true, current and complete information about yourself in the manner provided for on the Site or otherwise as required by us; and (ii) maintain and promptly update the information about yourself to keep it true, current and complete in the manner provided for on the Site or otherwise as required by us. If RBH believes the information that you provide is not correct, current, or complete, RBH may, in its sole discretion, refuse you access to this Site, and terminate or suspend your access at any time.
There is no obligation or requirement that you purchase or agree to purchase any products in order to register with or to use this Site or the Content (as defined below).
RESTRICTIONS ON USE
You may use this Site for purposes expressly permitted by this Site, namely to register to become part of the RBH database so that you can receive ongoing information from RBH, including but not limited to product information, the Refer IQOS referral program, brand preference advertising and information and/or information regarding the regulation of tobacco products, and to submit and keep track of your referrals. You may not use this Site for any other purpose without RBH’s express prior written consent.
Further, you are only permitted to use the Site for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from the Site for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:
- take any action that imposes or may impose (to be determined in RBH’s sole discretion) an unreasonable or disproportionately large load on RBH’s infrastructure;
- interfere or attempt to interfere with the proper working of the Site, or any activities conducted thereon;
- bypass any measures RBH may use to prevent or restrict access.
(a) The Site and all information made available through the Site contain text, graphics, photos, logos, icons and other materials, (collectively, "Content") furnished by RBH. The Content is protected under copyright, trademark, and the laws of Canada and other nations. All Content, including the collection, arrangement, and assembly of such content, is the exclusive property of RBH and its licensors. You may not copy, sell, license, transfer, publish, reproduce, distribute, modify, display, distribute in any way, prepare derivative works based on, re-post or otherwise use any of the Content in any way for any public or commercial purpose without the prior written consent of RBH.
(b) Permission is granted to you to download and make one printed copy of the Content for your own private use only, without alterations, so long as the following copyright notice is included: “Copyright © 2019, Rothmans, Benson & Hedges Inc. All rights reserved.” You do not acquire any ownership rights by downloading Content from the Site.
(c) trademarks and logos appearing in this Site are the property of RBH or the party that provided the trade marks and logos to RBH. RBH and any party that provided trademarks, and logos to RBH retain all rights with respect to their respective trademarks and logos appearing in this Site.
Nothing contained in this Site should be construed as granting any license or right to use any Content (including, for greater certainty, any trademark or logo) displayed on this Site except as expressly provided in these Terms and Conditions.
USER NAMES AND PASSWORDS
The Site may be accessed only by use of a login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them.
All user accounts accessed by a login name and password remain the property of RBH, and may be cancelled or suspended at any time by RBH without any notice or liability to you or any other person.
You must immediately notify RBH of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Any link, (including hyperlinks, buttons or referral devices of any kind) used on the Site is provided for your convenience only, and you access any link at your own risk. The appearance of a link on the Site does not constitute an endorsement, recommendation or certification by RBH, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with RBH.
You may not (and may not authorize any other party to) (i) co brand this Site; (ii) frame this Site; or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of RBH. For the purposes of these Terms and Conditions of Use, “co branding” means to display a name, logo, designs, slogans or marks or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site or which may confuse a user as the nature of the relationship between any party and RBH. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from RBH and at all times you will cooperate with RBH following RBH’s discovery of such activity.
Use of any of the Site's or RBH’s content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner is strictly prohibited.
Use of any of the Site's or RBH’s names, logos, designs, slogans, or marks, or any other words or codes identifying the Site in any "metatag" or other information used by search engines or other information location tools to identify and select sites is strictly prohibited.
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE AND THE CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RBH, ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, AGENTS AND ADVISORS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE "RBH RELEASED PARTIES") BE LIABLE TO YOU, AND YOU HEREBY AGREE TO RELEASE THE RBH RELEASED PARTIES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY, STRICT LIABILITY OR OTHERWISE), RESULTING FROM: (I) YOUR USE OR THE INABILITY TO USE OR OBTAIN THE SITE, THE CONTENT OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT; OR (III) ANY FAILURE OF PERFORMANCE OF THE SITE AND THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE.
To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you only to such extent.
You will indemnify and hold each of the RBH Released Parties harmless from and against any claims, losses, judgements, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Site or the Content, or which relate to these Terms and Conditions of Use (including any breach by you thereof) or from information that you post to, submit or transmit through the Site.
DISCLAIMER OF WARRANTIES
(a) You understand that RBH cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, malware, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. RBH does not assume any responsibility or risk for your use of the internet.
(b) YOUR USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK. EVERYTHING ON THE SITE AND RELATED TO THE USE OF ITS FEATURES AND SERVICES, INCLUDING THE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. RBH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPICABLE LAW. RBH WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO, USE THIS SITE OR THE CONTENT FOR WHATEVER REASON.
(c) FOR GREATER CLARITY, RBH DOES NOT WARRANT THAT (I) THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, VALID, TIMELY, SECURE, TRUTHFUL, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RBH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. RBH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT RBH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. RBH MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS USED BY YOU AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL. RBH DOES NOT WARRANT THAT THE CONTENT, THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
The Referral Program is organized by RBH. If you know Legal Age Smokers who are interested in knowing more about IQOS, you can direct their inquiry to an IQOS representative. For each verified legal age smoker referred that ends up having a meeting with an IQOS representative and registers in IQOS database, you will be eligible to receive a payment of CAD 25 (twenty five Canadian Dollars) per successful meeting. You may be eligible for increased referral payments in certain circumstances as described below, however your eligibility to receive referral payments of more than $500 in any year is subject to compliance with certain conditions as set out below.
There is no obligation or requirement that you, or the legal age smoker whom you have referred, purchase or agree to purchase any products in order to make or complete a referral or for you to receive a referral payment under the Referral Program.
You must be age of majority within your Province of residence to register as a referrer. You must only submit referrals who are adult tobacco users, are of legal smoking age in the Province they reside and have expressly consented to being submitted as a referral.
LIMITATIONS ON REFERRAL PROGRAM
RBH reserves the right to limit referral submissions and or to adjust the amount of money granted per referral.The referral program is open only to residents of Canada who have reached the legal smoking age in their province/territory of residence.
The program is for the purposes of referring Legal Age Smokers truly interested in knowing more about IQOS. If it is discovered that you are attempting to abuse the program’s intention and purpose, that you are using fake names and/or identities or that you are referring people not interested in IQOS, RBH may, in its sole discretion, decide that a payment is not applicable for that specific case, or even disqualify you from the program.
For the first 19 successful referrals made in accordance with these Terms and Conditions you will be eligible to receive a payment of $25 per referral.
Payments are limited to $500 per year unless RBH is provided with and is able to validate certain information that will be requested from you once this threshold is reached. This information will include your Social Insurance Number and other relevant information in order for RBH to comply with applicable law.
Any referral payments above the $500 threshold and eligibility for increased referral payments are conditional upon all required information being received by RBH before December 31 of the year in which the threshold is reached. If all required information is not received before December 31st, no referral payments in excess of $500 will be paid for referrals made in that year. Your payment eligibility status in the next year will remain at $25 per successful referral and you will be able to receive referral payments for the completion of 19 successful referrals until the threshold is reached. At this point, the required information will need to be submitted as described above before further payments will be made.
RBH reserves the right to require that any information previously submitted in order to receive referral payments above the threshold in any year be resubmitted for re-validation for subsequent years.
NO PROMOTION OF TOBACCO PRODUCTS
You understand and acknowledge that pursuant to Canadian Law it is not permitted to promote a tobacco product or tobacco product related brand element. You understand and acknowledge that in the event a Legal Age Smoker inquires about IQOS and/or Heets, you will NOT promote either, but rather direct the inquiry to an IQOS representative.
CONSENT OF LEGAL AGE SMOKER
You confirm that the persons you will be referring are of Legal Smoking Age, who agree and consent to receive commercial and electronic messaging and with whom you have a personal, family or commercial relationship. Individuals with whom you have a family relationship means individuals with whom you are related through a marriage, common-law partnership or any legal parent-child relationship and have had direct, voluntary, two-way communication. Individuals with whom you have a personal relationship means individuals with whom you have had direct, voluntary, two-way communications and with whom you have a personal relationship, taking into consideration relevant factors such as the sharing of interests, experiences, opinions and information, the frequency of communication, the length of time since you communicated or whether you have met in person. Individual with whom you have a commercial relationship means that is based on a previous commercial transaction between you and the individual. When you make a referral using iqos.com or referiqos.com, your referee will be contacted by one of our IQOS experts. If your referee registers successfully in RBH database, you will be eligible to receive a $25 e-payment. This is regardless of whether the referee decides to purchase IQOS or not.
RBH attempts to ensure that the information on the Site is accurate. However, no warranty of accuracy or completeness is expressed or implied. RBH expressly reserves the right to correct errors and to change or update information on the Site at any time without notice.
RBH may discontinue or suspend, temporarily or permanently, this program and any outstanding referral payments at any time without prior notice.
These Terms and Conditions of Use for the Site are governed by, and shall be construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.
RBH shall not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.
These Terms and Conditions of Use constitute the entire agreement between you and RBH relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), of the parties regarding such subject matter.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.
RBH will not be considered to have waived any of its rights or remedies described in these Terms and Conditions of Use unless the waiver is in writing and signed by RBH. No delay or omission by RBH in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. RBH’s failure to enforce the strict performance of any provision of these Terms and Conditions of Use will not constitute a waiver of RBH’s right to subsequently enforce such provision or any other provisions of these Terms and Conditions of Use.
LAST UPDATED: October 19, 2020