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Effective Date: 31st May 2019

IQOS CARE PLUS



Terms and Conditions for participating in IQOS CARE PLUS

1. Application of Terms/Eligibility

1.1 These terms and conditions (Terms) are applicable to and govern your participation in IQOS CARE PLUS (IQOS CARE PLUS PROGRAMME). You should read these Terms carefully as they affect your legal rights and govern your relationship with Philip Morris (New Zealand) Limited, 46 Sale Street, Auckland Central, Auckland 1010 (Philip Morris).

1.2 You are only eligible for membership of IQOS CARE PLUS if: (i) you are an adult smoker, IQOS user or IQOS VEEV user who is at least 18 years of age and registered in our IQOS database; and (ii) your main residence is in a country where IQOS CARE PLUS is available. Scope of the services, response and delivery times provided within IQOS CARE PLUS may vary in relation to different types of Devices (as defined below) as described in these Terms.

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, via an IQOS Coach (virtual face-to-face meeting with IQOS representative and only available for IQOS heated tobacco devices), at an IQ Vape store or a participating retailer.

1.4 By signing up for IQOS CARE PLUS through online device registration, clicking ‘I Agree’ , or registering for IQOS CARE PLUS through a means described in paragraph 1.3 or otherwise using IQOS CARE PLUS, you agree to be bound by these Terms. Likewise, if you register another Device or if we amend 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 by you 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 without 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, (b) IQOS 3 MULTI (c) IQOS 3 DUO or Holders and Chargers and any upgraded models thereof, (d) IQOS 3 DUO Refreshed devices, Holders and Chargers and (e) IQOS VEEV (does not include VEEV pods).

2.2 The Device must have a legible and valid serial number. Only new and Philip Morris Refreshed devices are eligible for registration.

2.3 All new IQOS users who register in our database after the IQOS CARE PLUS launch date may become an IQOS CARE PLUS member, by accepting the Terms and registering their Device within the applicable device voluntary warranty period.

2.4 In completing the registration process, you must provide all required information in an accurate and complete manner and keep this information up to date. If you do not complete the required fields in the application form (such as, for example, age, 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 As IQOS CARE PLUS is only available in certain countries, 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.


3. Term and Termination

3.1 The term of your membership in IQOS CARE PLUS in respect of a specific Device, is from the date of acceptance of these Terms and valid for the remaining duration of your 12-month IQOS voluntary warranty period, or such device voluntary warranty period in the country of purchase.

3.2 You may terminate your membership of IQOS CARE PLUS fully or deregister a device at any time with immediate effect by notifying Philip Morris Customer Care Team. If you terminate your membership, you will no longer be entitled to receive Services for any Device. If you deregister a Device, then you will no longer be entitled to receive Services for the Device deregistered.

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 misuse or neglect, you may be eligible for a replacement Device as described in paragraph 4.

4.2 You must give the damaged Device (including all components) to Philip Morris and you will be provided with an equivalent replacement Device. 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 replacement. Philip Morris will keep all replaced Devices. If only part of the Device is damaged e.g. the IQOS 3 DUO 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, using and maintaining the Device in accordance with official instructions and the 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 and associated Replacement on this program will cease. However, you can still receive the remaining Services for your Device until the end of your membership term, which is equivalent to the device voluntary warranty period.

(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) the device is not an eligible Device as per the list contained in paragraph 2.1;

  • (ii) damage caused by a power surge, abuse or misuse and actual or attempted modification or alteration of the Device;

  • (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 its functionality, including, but not limited to, hairline cracks, scratches, dents, broken plastic on ports and discolouration;

  • (vii) damage or failure caused by normal wear and tear and/or usage of the Device;

  • (viii) improper handling, 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 the Device as described and directed in the associated IQOS or IQOS VEEV User Guide; or

  • (xi) failure due to defects in materials and/or workmanship and/or design; however, such failures may be covered separately by either your consumer rights or the IQOS voluntary warranty, which 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 on 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 what caused 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 provided by Philip Morris for shipping the affected Device (or part) to Philip Morris; and

  • (iv) otherwise comply with Philip Morris’ return Devices authorisation process.

(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 will be disposed of.

(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, in turn, return the affected Device (or part) to Philip Morris.

  • (ii) Carry-in service. You can return your affected Device (or part) to an IQ Vape store and you will be provided with a replacement.


5. International Assistance

5.1 You have access to an international toll-free number (charges may apply in some locations) when travelling abroad to countries where the Devices are commercialised by Philip Morris, 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 products;

  • (v) damage or malfunction caused by attempt to open, modify and repair, either by a user or 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 the customer service centre by calling the international number +41 215 478 888 as soon as possible and no later than 14 working days 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. You must include the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with, or what caused 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’ 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) Carry-in service. You can return your affected Device to an IQOS store or participating authorised reseller, where you will be provided with a replacement.

    • (iii) Mail-in service – Philip Morris will provide you with the prepaid postage and packaging required, so that you can send your affected Device or part to Philip Morris. Once assessment is complete, Philip Morris will either return the Device (or part) or supply a replacement to you. Philip Morris will pay postage costs to and from your location if you follow all instructions.


    6. Other Services

    6.1 IQOS Coach. If you register any heated tobacco Device (i.e. referred to in point 2.1 letters (a) and (b) of these Terms), you may be eligible to take advantage of a dedicated virtual coach. Access is during normal business hours in your country of residence.

    6.2 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 programme and the Services;

    (b) to keep your membership account safe and secure;


    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 New Zealand. Any legal dispute will be subject to the exclusive jurisdiction of New Zealand.

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

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