Philip Morris Products S.A.
Quai Jeanrenaud 3
Telephone: +41 58 242 1111
The Commercial Register of the Canton of Neuchâtel
Federal number: CH-645.1.002.936-3
VAT number: CHE-116.276.488
You have been guided here in connection with your download or use of a digital touchpoint (the “touchpoint”) that is operated by a member of the Philip Morris International group of companies.
What is a “touchpoint”? In these terms, we refer to any method by which you are in contact with us as a “touchpoint”. Some touchpoints are digital – for example, apps and websites.
Who are we? We are a member of the Philip Morris International group of companies. We have identified ourselves to you, and given our contact details, in the touchpoint in connection with which you have been guided here.
Limits of liability: By using the touchpoint, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the touchpoint at your own risk; we do not assume any liability, or make any warranties (express or implied) with respect to it or your use of it.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE TOUCHPOINT.
Further terms: If you wish to use certain sections of this touchpoint or take advantage of any promotions we offer to you through it, that may be subject to other terms and notices. If this is the case, this will be brought to your attention and in some situations you may be required to read and confirm your acceptance of any such items before continuing.
Changes to these Terms: We may amend these Terms from time to time. If we do, we will notify you of such changes the first time you log on to the touchpoint following such changes. If you then continue to use the touchpoint, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.
This site includes links to other sites, some of them operated by PMI subsidiaries and some of them operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained in those other sites. We have not necessarily reviewed all the information on other sites and are not responsible for the content of any other sites or for any products or services that may be offered through other sites. Third-party sites may contain information with which we do not agree. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access through links to other sites are the sole responsibility of the person from whom such content originated.
USE OF THE TOUCHPOINT
The touchpoint is intended to be used by adults aged 18 and above (or, if higher, the minimum age required for the purchase of tobacco by the law of your country) who are interested in unsmoking themselves, someone they care about or the world (“Intended User”). If you do not meet these requirements, you must not use the touchpoint.
To ‘unsmoke’ means to rid smoke from your life. The act of unsmoking unites smokers and nonsmokers who want to unsmoke themselves, family and friends. The best way to unsmoke is to quit cigarettes and nicotine completely, but the next best way is to switch to better alternatives.
To receive the newsletter, you must give us some personal information to enable us to verify your eligibility to receive it. Typically, this will be name, confirmation of adult status, country of residence and e-mail address. We will hold this in accordance with our Privacy Notice (see the “Privacy and Cookies” section below for more information.)
MODIFICATION AND SUSPENSION OF THE TOUCHPOINT
We reserve the right to modify, suspend, or terminate operation of or access to the touchpoint, or any portion of it, at our discretion. For example, we may terminate operation of the touchpoint for users if we have reason to believe that the touchpoint is being used by someone who is not an Intended User.
We may also update the touchpoint and change the content at any time. Although we make reasonable efforts to update the information on the touchpoint, note that any content on it may be out of date at any given time, and we are under no obligation to update it.
We may also interrupt the regular operation of the touchpoint, or any portion of it, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.
USE OF THE TOUCHPOINT AND MATERIALS
The touchpoint and all its contents (including messages posted on the forum, software, files, graphics, data, images and other material) (“Material”) are the exclusive property of us, our affiliates, or our licensors (or any combination of the foregoing), and are protected by law in your country as well as in other countries.
All intellectual property rights in the Material are reserved by us or our licensors. You may not use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, broadcast, edit, adapt or create a derivative work of, or reverse engineer, in any manner, any part of the touchpoint or any Material.
The touchpoint and the Material are provided solely for your personal, private use. You may not use them for any other purposes (for example, you may not use them for business or commercial purposes). Note the paragraph on “Limit of Liability” below.
The touchpoint may include links to third party websites. These links are provided for your convenience only. As we have no control over such websites, and we do not review them, please note that:
- we do not endorse them, we are not responsible for them, and we make no promise in relation to them: in particular we are not responsible for the terms on which such websites are made available or their privacy practices, their availability, their content, advertising, products, or other materials, services or information on or available from them; and
- if you access any such websites, you do so at your own risk.
You may not frame, link or deep-link to the touchpoint to any website.
PRIVACY AND COOKIES
To the extent that in the touchpoint we collect any personal information about you, we will collect and process it in accordance with our Privacy Notice. Please read it to find out more about what personal information we collect about you, how we use it, with whom we share it, how we protect it, your rights and how you can exercise them.
You should review our Privacy Notice and Cookie Notice before using the touchpoint and, like these Terms, we may change them at any time.
These paragraphs apply if the touchpoint allows you to upload materials on it
You warrant that all tangible and intangible materials and ideas, including text, drawings, designs, photographs, videos, sketches, that you upload to the touchpoint (“Materials”) are your original work in which you own the related intellectual property rights. You also warrant that the Materials do not and will not infringe any third party’s intellectual property rights.
By uploading the Materials on the touchpoint you license us to use the Materials for the purposes explained on the touchpoint where you have the option of uploading them.
Although we do our best to provide an informative touchpoint that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the touchpoint is made available to you on an “as is” basis. Also:
(a) it is your responsibility – not ours – to ensure that the touchpoint is suitable for your intended purposes when you use it;
(b) we accept no liability to you in respect of the touchpoint (subject to the paragraph on “Limit of Liability” below); and
(c) we accept no liability as to the suitability or fitness of the touchpoint in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including:
- that the touchpoint, or any content contained in or delivered via the touchpoint or otherwise made available in connection with the touchpoint, is accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;
- that access to the touchpoint will be uninterrupted, or error-free; and
- that the touchpoint, or the computer systems from which the touchpoint is made available, are free of viruses or other harmful components.
LIMITATION OF LIABILITY
We do not exclude or limit liability that cannot be excluded or limited by law, liability for death or personal injury caused by our negligence, or liability arising out of our fraudulent misrepresentation or gross negligence.
We will not be liable to you for any loss or damage arising out of your use of the touchpoint in breach of these terms, or caused by technologically harmful material or actions (such a virus or a distributed denial-of-service attack) that may affect your computer equipment, computer programs, data or other material in connection with your use of our touchpoint or on any website linked to it.
You acknowledge and agree that the operation of the touchpoint is dependent upon the proper and effective functioning of the internet and other third party equipment and services (including your own device or web browser), and that we do not guarantee, and will not be liable for, these in any way.
We will not be liable for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.
If you cause a technical disruption of the touchpoint or the systems transmitting the touchpoint to you or others, you agree to be responsible for all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
JURISDICTION AND GOVERNING LAW
The laws of the jurisdiction indicated of the location we have given in the contact details of the touchpoint (the “Jurisdiction”) govern these Terms and your use of the touchpoint. You irrevocably consent to the exclusive jurisdiction of the courts located in the Jurisdiction (and, insofar as the parties may validly agree, the courts in the town closest to our registered office), for any action to enforce these Terms. The touchpoint has been designed to comply with the laws of the Jurisdiction.
OTHER IMPORTANT RIGHTS THAT WE HAVE UNDER THESE TERMS
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our right to enforce any such failure against you, or that you do not have to comply with those obligations. If we do decide to waive our right to enforce a default or breach of these Terms by you, we will do so only in writing.
Each of the paragraphs of these Terms operates separately. This means that if any court or relevant authority decides that any of them are unlawful, illegal, or unenforceable, the remaining paragraphs will remain in full force and effect.
These Terms are not intended to give rights to anyone except you and us.
HOW TO CONTACT US
Please contact us at [firstname.lastname@example.org] if:
- you believe that the touchpoint infringes your intellectual property rights, or that it contains content that is illegal, offensive, or infringes your or a third party’s rights; or
- for any questions you may have about these Terms or the touchpoint.
Social media rules of engagement
We want to accelerate the drive to rid our world of cigarette smoke. Join us on our social media sites and find out more about Unsmoke Your World. We have created our social media sites to foster these conversations. They have not been created to market, advertise or promote our products, brands or securities.
These rules of engagement (“Rules”) are intended to ensure that meaningful, constructive, and transparent discussions take place on our social media sites. We are currently present on Facebook, Twitter and Instagram.
Our social media sites are not intended for anyone under 18 years of age, and all contributions must be made by people who are 18 years of age or older.
You are responsible for all contributions you make on our social media sites. We do not make any commitment to respond to every contribution.
We expect all contributions to be polite, and relevant to the topic that is being discussed. Accordingly, your contributions must not:
be inappropriate, offensive, abusive, defamatory, racist, hateful, sexist, obscene, homophobic, inflammatory or irrelevant to the topics being discussed;
be indecent, sexually explicit or pornographic;
be false, inaccurate, misleading or based on rumors;
be excessively repetitive or constitute ‘spam’;
reveal the personal information of any other person;
infringe any third party’s intellectual property rights (such as copyright, database rights, trade secrets, confidential information or trademarks);
impersonate any other person;
offer to sell or solicit an offer to buy any securities of Philip Morris International Inc.;
advertise, promote, market or endorse our products and brands; or
advertise, promote, market or endorse any other third party, or any third party’s goods, services or brands.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our social
media sites constitutes a violation of any applicable law, their intellectual property rights, or of their right to privacy.
The views expressed by other users on our social media sites do not represent our views or values.
We monitor our social media sites to ensure contributions are relevant and comply with these Rules. We are available on our social media sites between 9am and 6pm UTC+1.
CUSTOMER SERVICES QUERIES
We do not use our social media sites to respond to customer service queries. Instead, please visit https://www.pmi.com/contact-us for further information on how to submit customer service-related queries.
Our social media sites
We do not guarantee that the content we make available on our social media sites is fully accurate, complete, or current. The content is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete, or more up-to-date sources of information. Any reliance upon the content on our social media sites shall be at your own risk. Our social media sites may contain historical information.
Historical information is not necessarily current and is provided for your reference only.
Any “follows,” “likes,” “retweets,” or similar indications by us are not, and should not be construed as being, an endorsement of any kind.
While we have official social media sites on external social media platforms this does not mean that we endorse those platforms or that we are responsible for their products or services.
If you access external social media platforms, you do so at your own risk, and we are not responsible for any losses or other damage you suffer as a result of such use.
You may share content that we post on our social media sites, provided that you do not modify it.
Philip Morris International Inc.’s social media sites are operated by Philip Morris Products S.A.. Philip Morris International, Inc. is the parent company of Philip Morris Products S.A.. The terms “Philip Morris International”, “PMI”, “PMI subsidiaries”, “we”, “us” and “our” refer, as appropriate in the context, to Philip Morris International, Inc., or one or more of its subsidiaries.
If you wish to complain about any contribution posted to our social media sites, please contact our team at email@example.com . When you submit a complaint, please outline the reason for your complaint, and specify where the contribution you are complaining about is located. We may request further information from you about your complaint before we process it. We will then review the contribution and decide whether it complies with these Rules.
INTELLECTUAL PROPERTY RIGHTS
We respect the intellectual property rights of others and we expect you to do the same. You warrant that all the content you post on our social media sites is your own original work, or if it is covered by intellectual property rights owned by a third party, you warrant that the owner of the content has granted you permission to use the content consistent with the manner and purpose of your use.
Using our social media sites to distribute unauthorized copies of copyrighted material is strictly prohibited.
Repeat violations of a third party’s intellectual property rights may result in the banning or blocking of your account from our social media sites. We have sole discretion to take any such action. Any action or inaction of us shall not be construed as any endorsement of any intellectual property rights infringement claim.
Please note that by contributing to our social media sites, you are granting PMI a non-exclusive, worldwide, transferable, sub-licensable, royalty-free right to freely use, display, copy, edit, alter, republish, redistribute, or otherwise use your contribution in any way we decide (whether for commercial or non-commercial purposes) in any media or through any distribution method. You are responsible for ensuring that you can grant us this right.
If you think that any work on our social media sites has been copied in a manner that constitutes an intellectual property rights infringement, please contact us at firstname.lastname@example.org
On our social media sites we may include links to other sites. Some of them might be operated by us, and some of them might be operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained in those other sites. We have not necessarily reviewed all the information on other sites and are not responsible for the content of any other sites or for any products or services that may be offered through other sites. We will not be liable for any loss or damage that may arise from your use of them.
Third-party sites may contain information with which we do not agree. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites.
Different terms and conditions may apply to your use of any linked sites. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access through links to other sites are the sole responsibility of the person from whom such content originated.
SECURITIES OF PHILIP MORRIS INTERNATIONAL INC.
We are not providing investment advice through our social media sites, and the information and materials available through such sites should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Philip Morris International Inc. If you decide to use any information or material available through such sites in assessing whether to buy or sell securities of Philip Morris International Inc., please be aware that the information and material generally reflect past performance and historical information only, and that such performance and information is not necessarily an indication of future performance.
Your use of our social media sites is at your sole risk. Our social media sites are provided on an “as is“ and “as available“ basis. Where possible, we may restrict your access to our social media sites or any feature or part of them at any time. we disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and any warranties that material on our social media sites is noninfringing; that access to the site will be uninterrupted or error-free; that our social media sites will be secure; or that information on our social media sites will be complete, accurate or timely.
If anyone brings a claim against us related to your actions or contributions, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
To the fullest extent permitted under applicable law, you understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use our social media sites. these include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
LAW AND JURISDICTION
The laws of Switzerland govern these Rules and your use of our social media sites, and you irrevocably consent to the exclusive jurisdiction of the competent courts located in Lausanne, Switzerland for any action to enforce these Rules. We recognize that it is possible for you to obtain access to our social media sites from any jurisdiction in the world, and we have little practical ability to prevent such access. Our social media sites have been designed to comply with the laws of Switzerland. The businesses conducted by the subsidiaries of Philip Morris International, Inc. operate in various countries throughout the world and comply with the laws of the particular jurisdictions in which they operate. If any material on our social media sites, or your use of our social media sites, is contrary to the laws of the place where you are when you access it, those social media sites are not intended for you, and we ask you not to use our social media sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Changes to these rules
We may change these Rules without informing you. It is your responsibility to check periodically for any changes we make to these Rules. Your continued use of our social media sites following the posting of any changes to these Rules means you accept the changes.