Terms of Website Use

Dated 29.12.2021

These Terms of Website Use shall determine the general terms and conditions for using www.iqos.com (as redirected to www.ge.iqos.com), the procedure for registering on the website, personal data issues, etc. Please note that none of the provisions of these terms and none of the elements of the Website content may be considered as a public offer by Philip Morris Georgia or the Seller. Information about product characteristics, and other information have been posted on the Website for informational purposes only and in order to enable you to reserve the Products upon your will.  

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1. Terms and Definitions

 

When used in these Terms of Website Use, unless otherwise required by the context, the following terms shall have the following meanings:


1.1.“Website” - means this website www.iqos.com (as redirected to www.ge.iqos.com);
1.2. “Terms of Use” - means these Website Terms of Use for www.iqos.com (as redirected to www.ge.iqos.com;
1.3. “PMG” or “WE” - Philip Morris Georgia LLC, owner of the website or we (in different cases) shall mean Philip Morris Georgia Limited Liability Company, located at: Saarbrucken Square, 0102, Tbilisi, Georgia, legal entity identifier code: 404387374, which is an importer of the Products;

1.4. “USER” (including “REGISTERED USER”) or “YOU” – A person who is at least 18 years old, who is a tobacco and/or nicotine-containing product consumer and agreed with terms and conditions of the use of the website.  

1.5. “Eligible Party” - mean our affiliates and our licensors, agents, contractors, outside consultants and service providers, as well as external information providers, with which agreements (contracts) have been concluded for services provision or performance of other actions for us or on our behalf and/or for our affiliates or on their behalf who has the right to process the data, and who shall not be entitled to use or disclose information according to the terms of such agreements (contracts), except for using or disclosing information for the purpose of services provision or performance of other actions for us or on our behalf and/or for our affiliates or on their behalf; all the rights given to PMG shall be fulfilled by eligible parties. For the purposes mentioned in this Terms of Use, Eligible Party is:  

  1. a) MONOLITH ADVANCED INTERNET SOLUTIONS LTD, an Israeli company, duly incorporated under the laws of Israel, with registered office at Meffi St.5, Poleg, Netanya, Israel, legally registered in Israel under Number: 514532837
  2. b) Middleware, Inc., a Delaware corporation, organized under the laws of US, with registered office at 541 Jefferson Ave., Suite 100 Redwood City, CA 94063, US.
  3. c) Teleperformance Istanbul, METIS BILGISAYAR SISTEMLERI SAN. VETIC.A.S. DEFTERDAR MAH/SEMT OTAKÇILAR CAD. 78 91, İSTANBUL , TURKEY 6200026980.
  4. d) GDI as Seller, a company organized and existing under the laws of Georgia, with offices at 3A Giorgi Mdivani Str., 0120, Tbilisi, Georgia.
  5. e) “Deeplace” SRL with the fiscal code: 1004600025000, located at.: 2 floor, Dosoftei street 112, mun. Chisinau, Republic of Moldova, MD – 2004

 

1.6. “Products” - heated tobacco products, tobacco-heating electronic systems, and other goods, information about which may be received on the Website.

1.7. “Personal Data” – User’s data that qualifies as personal data under applicable provision of the Georgian law.

1.8. Seller -  a person specified in the Terms of Products Reservation from whom Registered users can reserve the Products to be purchased at a designated point of sale. Reservation of the Products to be purchased at the designated point of sale is possible for registered users who additionally read and accepted the Terms of Products Reservation;
1.9. Products Terms of Reservation - a document governing the relationship between you and the Seller when you reserve the Products to be purchased at the designated point of sale and other topic related to Products.

 

2. Website Use

2.1. This Website is intended only for tobacco and/or nicotine-containing product consumers who are at least 18 years of age and who reside in Georgia. By using the Website, you confirm that you are at least 18 years of age and a tobacco and/or nicotine-containing product consumer, you have read and you agree to these Terms of Website Use. If you do not agree to the Terms of Use, you may not use the Website.

2.2. This Website is legally owned and used by PMG. By means of the Website, PMG is committed to providing you with necessary, accessible, reliable and timely information on the Product to provide you with an opportunity for its conscious and competent choice and customer services. Please note that PMG is not a Product Seller and does not enter into any relationship with you associated with Product reservation, sale, rental, etc..


2.3. Access to the Website shall be granted only to those who meet the following conditions:            

  • the user is at least 18 years old;
  • the user is a tobacco and/or nicotine-containing products consumer; the user resides in Georgia.
  • Upon registering, you will be able to choose an appropriate login and password, which shall be personal and not subject to transfer to other persons, unless otherwise specified in this Terms of use, or is required by the Law of Georgia, by means of which you will be able to access certain sections of the website. The login shall be given to persons meeting all the above-described conditions, who successfully registered on the Website. We reserve the right to control access to the Website and verify the use of this Website by you.


2.4. After registering on the Website or via any other communication channel, e.g. via call-center, viber, FaceBook Messenger, email, in person contact at a point of sale. etc., you will be included in the database of adult consumers of tobacco/nicotine - containing products. This means that you will receive information legally permissible under the laws of Georgia related to the Products, specifically, but not limited to, information related to customer care and support issues. By agreeing to the Terms of Website Use, you entitle us to send you such information by electronic communication means or otherwise (including telephone calls, SMS, Viber, email, Facebook Messenger). You can opt out from receiving the information from us at any time after registration according to section 3 below.

3. Termination of Website Use

3.1. You can request at any time to opt out from receiving the information and materials related to the Products according to 2.4 of the terms via “Contact Us” form available on the Website,  via website account page, via call center 0800 003 003 or at a Seller’s point of sale. Such request does not mean that you would be unregistered from our database of adult consumers of tobacco/nicotine-containing products. Please also note that if you unregister under items 3.2 – 3.3 from the database of adult consumers of tobacco/nicotine-containing products that would mean that you will no longer receive the specified information from us.

3.2. To terminate your user account and unregister, you can apply at any time via “Contact Us” form available on the Website, via call center [0800 003 003], at a Seller’s point of sale. Your personal data will no longer be processed by us.

3.3. Additionally, please note that your user account will be terminated and you will be unregistered in the following cases:

- if we learn by any means that you are not a nicotine user (for example, if you stopped using nicotine products) as we only communicate with legal age nicotine users;

- if you are inactive** for 1 year or more. “Inactive” means that a registered user has not interacted with IQOS team in any channel during 1 year:  has not visited any of the official points of sale for purchase or service, has not communicated with us via the Call Center, or via Viber or Facebook Messenger service chats, has not logged in to the Website.

3.4. In each scenario described in items 3.2-3.3 your user account will be terminated and your will be unregistered within 7 days from the date of the relevant event occurrence.

4. Privacy and Personal Data Protection Statement

4.1. By using this Website and accepting the Terms of Website Use and this Privacy Statement, you confirm that you are at least 18 years of age, reside in Georgia, and are a consumer of tobacco/nicotine-containing products; you unconditionally and irrevocably understand and agree to the following terms and purposes of your personal data use, and also unconditionally and irrevocably understand and agree that such use of your personal data shall not be grounds for payment of any remuneration or compensation to you. PMG respects its consumers' privacy. We undertake to take appropriate measures to secure the personal data you provide to us when visiting and using this Website. This Privacy Statement describes all types of personal data we receive through the Website, how we use them and whom we provide them to, and also indicates that you grant your consent to PMG to process your personal data. Our Privacy Statement also describes the measures we take to ensure information security. If you do not agree to this Privacy Statement, you may not use the Website. We reserve the right to make changes at any time to this Privacy Statement, you will be informed by us, but we also recommend you regularly review our website privacy statement.


4.2. Your registration on the website or via any other communication channel, e.g. via call-center, viber, FaceBook Messenger, email, in person contact at a point of sale. etc. shall mean that you grant consent separately and collectively to PMG and to eligible parties to use and process your personal data and perform other actions stipulated by the Personal Data Protection Law of Georgia. You confirm that all of your personal data are reliable and accurate. You fully understand that you are liable for providing PMG with inaccurate personal data.

You confirm that you voluntarily and at no cost provide PMG or/and eligible parties with your consent to any perpetual processing of any of your personal data (including surname, name, mobile telephone number, e-mail, date of birth, city of residence, gender) in the database of adult consumers of tobacco/nicotine-containing products of PMG, including collection, registration, inclusion in databases, accumulation, storage, adaptation, change, update, use, dissemination (distribution, sale, transfer, granting access to any third parties, including non-residents (foreign parties to relationships), without any separate notice to you of such distribution, sale, transfer or granting access), anonymization, deletion of personal data in personal database, both in the territory of Georgia and abroad, and otherwise collecting, perpetual storing, using and distributing your personal data in order to: (1) provide you, as an adult consumer, with information about customer care and support services, as well as relevant and reliable information about the Products, their proper technical use, as well as the sale and service points, pursuant to the Product Safety and Free Movement Code of Georgia, (2) receiving feedback regarding quality of customer support, analysis of consumer opinion related to Products, etc., (3) and for another purpose to be separately identified by correspondence or verbally by phone call, or via other communication channels; (4) reserve the Products to be purchased from the Seller at the designated point of sale. Seller will have access to your personal data if you want to reserve the product and only after your confirmation of Terms of Product Reservation. By using reservation option on the Website you automatically agree to the Terms of Product Reservation.

You also hereby agree to entitle eligible parties or/and third parties authorized by PMG, including non-residents (foreign parties to relationships), to process your personal data for the said purpose. You authorize PMG, its branches, affiliates, and their authorized persons to send information to the addresses, e-mails and phone numbers specified by you according to the purpose of your personal data processing. You agree to immediately inform PMG of any change in your personal data and/or status as a tobacco or nicotine-containing product consumer. You also confirm that PMG may verify your personal data, including the mobile phone number, involving the respective mobile operator. For the purposes of such verification, you enable PMG and the appropriate mobile operator to exchange data relating to your telephone number.

This is to inform you that your personal data are owned by PMG. When registering on the Website, the following personal data may be collected: surname, name, mobile phone numbers, date of birth, city of residence, gender. As a personal data subject, you shall be entitled to use any rights set out in the Law of Georgia on Personal Data Protection and require the information on data processing, request for correction, update, addition, blocking, deletion of the data according to the Law of Georgia via the channels referred in section 3 of this Terms.

For all questions concerning the processing of your personal data by PMG, please write to the address: Philip Morris Georgia Limited Liability Company, Saarbrucken Square, 0102, Tbilisi, Georgia.

4.3. How We Protect Your Personal Data. Personal data security is a priority for us. We comply with and ensure that Eligible Third Parties comply with appropriate administrative, technical and physical security measures designed to protect against unauthorized disclosure, use, modification or deletion of personal data you provide to us when visiting and using this Website. We use secured communication channels to secure the transfer of your personal data.

4.4. How We Use Personal Data. When you visit our Website, your browser automatically sends us the internet protocol (IP) address and some other information (such as the type of browser you use). We do not use client-side marks for storing your personal data and access information. PMG and its branches, affiliates and their authorized persons acting in accordance with the confidentiality agreements shall be entitled to perform automated and non-automated processing, including collection, systematization, accumulation, storage, refinement (updates, modification), use, distribution (including transfer together with a cross-border transfer), anonymization, blocking, deletion of your personal data, for the purpose of any of the above persons and/or their authorized representatives to contact with you anyway in relation to the purpose of your personal data processing by electronic communication or other means (including phone calls, mail, e-mail, SMS,  Viber, and other messengers) in accordance with the requirements of legislation of Georgia.

4.4. Information We Provide. PMG does not transmit or disclose your personal data we receive on this Website to any third parties for their own purposes. Your personal data received on this Website may be disclosed to any Eligible Third Parties and, to the extent not prohibited by applicable legislation, may be transferred to another country where we and/or any Eligible Third Parties carry out activities, including, but not limited to, the import of your personal data. PMG and Eligible Third Parties may also disclose your personal data if required by applicable laws. By your inclusion to our database of adult consumers of tobacco/nicotine containing products, you will definitely and irrevocably understand and agree to the above-mentioned conditions of disclosure and transfer of your personal data.

4.5. By registering on the Website you also give consent for processing of your personal data in accordance with PMI Privacy Notice

4.6. Your personal data shall be processed during the active account.

 

5. Intellectual Property Rights

5.1. This Website and its entire contents (including, without limitation, software, files, graphics and other information or materials) are the property of PMG, its affiliates and/or the third parties as stated on the Website, and/or licensors, and are protected by Intellectual property Law, including but not limited with the Law on Copyright and Related Rights, Trademark Law, Law on Patents, Design Law and other acts of Georgia and other countries. Unless explicitly stated otherwise, the Website shall be intended solely for your personal needs. The use of the materials of this Website for other purposes (including, but not limited to: use of the Website in connection with business activities; modification, distribution, transmission, creation, broadcasting, reproduction, publication, licensing or reverse engineering of any materials, information, software, products or services received from this Website; creation, transfer or sale of derivative products from any materials, information, software, products, any other works or services received from this Website) without preliminary written permit of PMG shall be strictly prohibited.

6. Changes to These Terms

6.1. We reserve the right at any time to make changes to Terms of Website Use both as a whole and in any parts thereof (such as the privacy statement), you will be informed but therefore we recommend that you periodically review them.

7. Final provisions

7.1. Disclaimer of Warranties. You use this Website under your own responsibility. This Website is provided on an "as is" and "as available" basis. PMG and/or Eligible Third Parties unconditionally and explicitly waive all types of warranties, either express or implied, including, but not limited to: guarantees of quality and fitness for one or another specific purpose and any guarantees of that the materials of this Website do not infringe on any rights; access to this Website will be continuous and will not be prone to errors; that the given Website will be safe; that the given Website or servers that support the Website will not contain viruses; that information on this Website will be complete, accurate or timely. If you download any materials from this Website, you do so solely at your own discretion and under your own liability. The liability for any damage to your computer system or loss of data resulting from the download of such materials shall be solely yours. In addition to the foregoing, you agree to bear the cost of any expenses necessary to service, recover or remedy such damage.

7.2. Limitation of Liability. To the fullest extent not prohibited by applicable laws, you understand and agree that neither PMG nor any Eligible Third Party shall be liable for any losses relevant or arising from your use or inability to use this Website or as a result of any other actions that we or any Eligible Third Parties did or could not do in connection with or as a result of your communication with us or any Eligible Third Parties in relation to this Website. These provisions shall apply to errors, omissions, interruptions, malfunctions, delays, computer viruses, your loss of profit or information, unauthorized access or violation of your transfers or your information, as well as other material or non-pecuniary damage. This limitation of liability shall apply regardless of whether the damage is due under the terms of agreement as a result of negligence or on any other grounds arising out of the use, inability to use or provision of information, services, products or materials available on this Website, and even if we or any of Eligible Third Parties detected negligence or were warned about the possibility of such damage. We shall be entitled to, at any time, without prior warning, extend, modify, suspend or completely close the Website, or any part of it, and we do not accept any liability for this.

This Website may contain references or links to other Websites. We shall not be liable for any use of such Websites by you. The references or links to other Websites on our Website are provided for information only, and this in no way means that we support individuals to whom such Websites belong, or guarantee the quality of goods or services contained on such Websites, nor shall we be responsible for the accuracy and reliability of information posted on such websites.

7.3. Indemnification. You agree to indemnify and hold harmless PMG and any Eligible Third Party as well as their respective officials, directors, employees, agents, licensors and suppliers against any and all losses, liability and expenses, including without limitation reasonable attorney's fees and litigation costs arising from or in violation of these Terms of Website Use (including, but not limited to, careless or intentional actions) by you or any other individuals that access the Website using your Internet connection. When your actions cause technical malfunctions of the Website or systems of data transmission between the Website and you or others, you agree to be liable for any damages, including reasonable fees and costs of attorney's fees and litigation costs arising in relation to or following such problems.

7.4. Blocking Access to the Website.

Your access to the Website may be blocked in the following cases:

  • You have ceased to meet any of the conditions required for Website access;
  • Provision of incorrect personal data;
  • You contacted us requesting to close your access to the Website;
  • For whatever reason, you've been excluded from our database of adult consumers of tobacco/nicotine-containing products;
  • If you have more than one login.

7.5. Jurisdiction. These Terms of Website Use including privacy statement, as well as your use of the Website, are governed by the laws of Georgia, and you irrevocably agree with the exclusive jurisdiction of courts located in Georgia regarding any actions aimed at enforcing these Terms of Website Use and the Privacy Statement. We understand that you have access to this Website from any other jurisdiction in the world. This Website has been created in compliance with the legislation of Georgia. PMG affiliates and other Eligible Third Parties carry out their activities in different countries around the world and comply with the requirements of the legislation of the respective jurisdictions in which they operate. If any material on this Website or your use of this Website violates the law of the jurisdiction in which you are at the moment of access to this Website, this Website is not intended for you, and you cannot use this Website. You are responsible for obtaining information about the legislation of the jurisdiction in which you are located and for compliance with the laws of that jurisdiction.

Please note that these Terms of Website Use and the Privacy Statement shall apply only to this Website, and their activities do not apply to any other Websites, including the Websites of PMG and/or any Eligible Third Party and/or any third parties that may be governed by other terms and policies.