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Effective Date: 31st May 2019

IQOS CARE PLUS


Terms and Conditions for participating in the IQOS CARE PLUS

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 Philip Morris (New Zealand) Limited (Philip Morris).

1.2 You are only eligible for membership of IQOS CARE PLUS if: (i) you are an adult smoker/IQOS user aged 18 years and over and you are registered in our IQOS database; and (ii) your main residence is in a country where IQOS CARE PLUS is available.

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 nz.iqos.com, by calling our Customer Care Team at 0800 810 433, with an IQOS Coach (face-to-face meeting with IQOS representative) or at a participating IQOS store.

1.4 By signing up for IQOS CARE PLUS, clicking ‘I Agree’ or a similar button, or registering for IQOS CARE PLUS through our Customer Care Team, with an IQOS Coach, participating IQOS store or otherwise using IQOS CARE PLUS, you agree to be bound by these Terms. Likewise, if you register another Device, or if we change these Terms, and you then use IQOS CARE PLUS, you agree to be bound by these Terms. Your acceptance of these Terms is deemed to occur in the country of your registered residence as per our IQOS database.

1.5 If you do not agree (or cannot comply) with these Terms, then you are not permitted to use IQOS CARE PLUS.

1.6 No modification of these Terms is permitted unless Philip Morris 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 breaching 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 PLUS, IQOS 3 or Holders and Chargers thereof (b) IQOS 3 MULTI (c) IQOS MESH

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

2.3 For all new IQOS users who register in our database after the IQOS CARE PLUS launch date you may become an IQOS CARE PLUS member by accepting the Terms and registering your Device within 30 days of the purchase date.

2.4 In completing the registration process you must provide all required mandatory information in an accurate and complete manner and keep this information up-to-date. If you do not complete the mandatory fields in the application form (such as, for example, age, smoker status, email address and/or phone number) your application will not proceed. If you provide inaccurate or incomplete information Philip Morris reserves the right to terminate your membership of IQOS CARE PLUS without notice.

2.5 Following the registration process for IQOS CARE PLUS you will be informed whether your registration is successful. Membership of IQOS CARE PLUS and the services provided are personal to you and may not be transferred to any third party.

2.6 Your use of IQOS CARE PLUS is linked to your country of residence. If you change your country of residence, you must inform us and reapply to use IQOS CARE PLUS in your new country of residence as IQOS CARE PLUS is only available in certain countries.

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-month IQOS voluntary warranty period in the country of purchase.

3.2 You may terminate your membership of IQOS CARE PLUS at any time with immediate effect by notifying Philip Morris Customer Care Team. Upon termination of your membership you are no longer entitled to receive the Services for any of your Devices.

3.3 Philip Morris may terminate your membership with IQOS CARE PLUS at any time with immediate effect if you breach these Terms. Philip Morris 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 (Accidental Damage) that affects the functionality of your Device which is not caused by your misuse or reckless behavior, 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 Philip Morris and you will be provided with a replacement Device of the same type equivalent to a new Device in performance and reliability. If a replacement Device of the same type is not available, a Device in the same category, which is at least functionally equivalent will be provided as a replacement. Philip Morris will keep all replaced Devices. If only part of the Device is damaged e.g. the IQOS 3 holder or the charger, then only the damaged part will be replaced and Philip Morris 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 your country of residence 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, actual or attempted modification or alteration of the Device, as well as a 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 authorised by Philip Morris;

(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 products;

(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 Philip Morris by contacting our Customer Care Team at 0800 810 433 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 Philip Morris, you must provide proof of purchase for your Device ; and (iii) follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and (iv) otherwise comply with Philip Morris’ directions.

(b) You may also make a claim via our Customer Care Team by telephoning the number provided at nz.iqos.com for your country of residence and providing the same information detailed in paragraph 4.4(a).

(c) You must not send Philip Morris products and accessories that are not supported by Accidental Damage replacement. If you send Philip Morris these items they will not be returned and they will be destroyed.

(d) Philip Morris 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 Philip Morris

(ii) Mail-in service - Philip Morris will provide you with prepaid postage and packaging required so that you can send your affected Device Equipment to Philip Morris. Once the screening is complete, Philip Morris will return the Device or a replacement to you. Philip Morris will pay postage costs to and from your location if all instructions are followed by you.

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 the Devices are commercialised by Philip Morris or its affiliates or an authorised partner. This service includes troubleshooting assistance from experienced Device agents and if required, replacement of your Device within (i) Accidental Damage in accordance with these Terms or (ii) Device issues defined in terms of material or workmanship when used in accordance with the Device 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 your Device voluntary warranty valid in the country of purchase.

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 Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide:

(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 Device User Guide.

5.4 Making a claim under International Assistance

(a) You must:

(i) report your claim to customer service center by calling the international number +41215478888 as soon as possible and no later than 1 working day from the date your Device suffers Accidental Damage or Device issues defined in terms of material or workmanship when used in accordance with the Device 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 Philip Morris, you must provide proof of purchase for your Device; and (iii) follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and (iv) otherwise comply with Philip Morris’s return Devices authorisation process.

(b) Philip Morris 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 Philip Morris

(ii) Mail-in service - Philip Morris will provide you with prepaid postage and packaging required so that you can send your affected Device Equipment to Philip Morris. Once the screening is complete, Philip Morris will return the Device or a replacement to you. Philip Morris will pay postage costs to and from your location if all instructions are followed by you.

6. Other Services

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

6.2 IQOS Exchange. This service allows you the one-off opportunity to exchange your Philip Morris heat-not-burn Device (eg. IQOS 3) for a Philip Morris e-cigarette Device (eg. IQOS MESH) and vice versa within sixty (60) days from the date of Device purchase and only within the country of initial purchase. Depending on the price difference between the two Devices, you will be eligible to either

(i) in the case of an exchange of IQOS for IQOS MESH, receive a refund in the form of the consumables to be used with the IQOS MESH or

(ii) in the case of an exchange of IQOS MESH for IQOS, you would need to pay an additional fee which would equate to the full purchase price of the new exchanged Device. The new exchanged Device will receive a new warranty from the date of the exchange. In order to make use of this service, you either need to initiate the exchange request by contacting the Customer Care Team at 0800 810 433 or contacting IQOS Coach and returning initial device to Philip Morris.

6.3 IQOS News. You will receive news and information about IQOS CARE PLUS, IQOS products and services, invitations to take part in special events and activities, such as the presentation of new products or discount and other promotions, personalised product information and special offers and/or services, access to exclusive content or events, news and updates of relevance for participants.

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 free-of-charge, it is provided ‘As Is’ and without any warranty.

8.2 Philip Morris 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. Philip Morris shall not be liable for any of the losses described in this paragraph 8.2 even if you have informed Philip Morris 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 nz.iqos.com.

9.4 These Terms are subject to the laws of the registered office of Philip Morris. Any legal dispute will be subject to the exclusive jurisdiction of the city in which Philip Morris has its registered office.

9.5 For questions, inquiries and contact information please refer to nz.iqos.com.

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