Terms & Conditions
1. Access to InstaHub
1.1 InstaHub
InstaHub website ("Site") is provided and operated by Loylogic Rewards FZE and its affiliate companies (together, "Loylogic") for the IQOS CLUB as part of the reward program of Philip Morris Switzerland Sàrl ("We", "us, "our"). Access to InstaHub is exclusively for eligible IQOS CLUB loyalty program members ("Member", "Members". "your", "your"). The rules relating to the use of InstaHub are set out below and should be read in conjunction with the IQOS CLUB Terms and Conditions.
1.2 Acceptance of Terms & Conditions
By accessing the "Site" or any website linked to the Site and making transactions through the Site, specifically by clicking the "I AGREE" and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the rules applicable to the Site and Loylogic's Insta Hub Privacy Notice.
1.3 Acceptance of Electronic Communication
Loylogic and the independent merchants on the Site ("Merchants") (see further below) may send email service communications, including reward confirmation emails, and you agree that such electronic communications satisfy any legal requirements that such communications be in writing. Service communications cannot be opted out of and therefore if you do not wish to receive these communications, you will not be able to use the Site, including to claim offers, rewards, etc.
1.4 Rewards
We may make available certain goods, discounts and/or services ("Rewards") from time to time via the Site. Rewards are made available at no cost to Members. Rewards are provided "as is" and are not subject to negotiations and/or changes. In some cases, Rewards may only be available to selected Members, at our sole discretion. Rewards can only be claimed via the Site.
We only provide the access to the technical platform that is operated by Loylogic for you to claim/redeem those Rewards provided directly by the Merchant. You acknowledge that separate terms and conditions of the relevant Merchant will apply to the Rewards provided by a respective Merchant. Those terms and conditions are made available to you together with a Reward. You agree to abide by such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claims for damages.
We will not become a party to the transaction between you and the Merchant. You should read the terms and conditions of the respective Merchant on the Merchant Details tab as they would govern your use of the Reward. If you do not agree or do not accept such terms and conditions, you cannot use the Reward.
Rewards may not be transferred, redeemed for cash or substituted by you.
We reserve the right in our sole and absolute discretion to award a substitute Reward of equal or greater value if a Reward on the Site becomes unavailable or cannot be awarded, in whole or in part, for any reason.
1.5 Use of the Site
You may only use the Site for non-commercial, legitimate purposes. You may not use the Site for any other purposes, including making any speculative, false or fraudulent Reward claims. Rewards featured on the Site may be subject to availability at the time of claiming. By accessing and/or using the Site, you authorize us to consider any person using your information a legitimate user. Rewards can be claimed only by Members personally. We and/or Loylogic reserve the right to refuse access to the Site in cases it deems constitute misuse.
1.6 Restriction on Use
We will not be held responsible for the exclusion of Members who use the Site unlawfully.
2. Customer Service
For questions related to any Reward claimed via the Site, please contact the relevant Merchant whose details are provided to you together with a Reward. For general questions related to the Site itself and the reward types, please contact our customer service by phone at 0800 050 000 or by email at contact.ch@iqos.com.
3. Shipping, Handling and Return of Rewards
3.1 General
Regarding shipping, handling, returns or other delivery related matters, if applicable, such terms and conditions as set out in the relevant Merchant Details tab on the Site are exclusively applicable.
3.2 Shipping of physical rewards
Physical Rewards are sent only to the address explicitly provided by the Member. Delivery dates cannot be guaranteed, and we do not assume any liability for failed deliveries caused by incorrect addresses, absence of the recipient, force majeure or other reasons not under our reasonable control. Please contact the Merchant in case of non-delivery of a Reward beyond the estimated delivery time stipulated on the order confirmation page. Any non-delivery claims received later than 3 months from the claim date can no longer be processed.
3.3 Guarantee Period
In case of an existing fault in a Reward, such guarantee periods, if any, as set out in the relevant Merchant's terms and conditions are exclusively applicable.
4. Personal Information
4.1 Processing of Personal Information
We process personal information as required to operate this Site as explained in these Terms and Conditions and Loylogic’s Privacy Notice.
4.2 Confidentiality of Credentials
Access to and use of password protected and/or secure areas of the Site is restricted to authorised persons only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You are responsible for maintaining the confidentiality of your credentials, including your account and password, and for restricting access to your computer to prevent unauthorised access to the Site. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the credentials are kept confidential and secure and should inform our customer service immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
5. Limitation of Liability
5.1 Responsibilities of parties
We do not warrant or represent that the content on the Site or any website linked to the Site is complete, accurate, non-misleading or up to date. We are under no obligation to update any content on the Site.
Loylogic warrants and/or represents that the content on the Site or any website linked to the Site is complete, accurate, non-misleading and up to date. Loylogic may change the content on or make improvement or changes of the Site at any time without notice. The information, products, and descriptions of Rewards published on the Site, or a linked site may include inaccuracies or typographical errors, and to the extent permitted by law, Loylogic specifically disclaims any liability for such inaccuracies and errors.
5.2 Limitation of Liability
You expressly acknowledge and agree that Merchants ("Loylogic parties") are independent contractors and not our employees or agents. We are not liable for the acts, errors, omissions, representations, warranties or negligence of Merchants. We shall not be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by Merchants on any Rewards items. As far as permissible by applicable law, We hereby disclaim any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the Rewards provided by any Merchant through the Site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such Merchant and you hereby expressly exonerate us from any liability with respect to the same. To the extent permitted by law, we exclude all liability to you or other person of whatsoever nature in respect of any negligence, wilful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a Merchant.
You agree that we and our affiliates and any of their respective officers, directors, employers, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site, or with the delay or inability to use the Site or a linked site, even if they have been made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labour problems or any force majeure. We cannot and do not guarantee continuous, uninterrupted or secure access to the Site.
You expressly acknowledge and agree that none of the Loylogic parties will have any liability to you to the maximum extent permitted by law, and, in particular, that the limitation of liability under sec.5 above will apply as between you and any of these parties to their benefit.
5.3 Legal Remedies
We reserve the right to seek all remedies available at law and in equity for any misuse of the Site and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing the Site.
6. Copyrights and Trademarks
The trademarks, logos and service marks (collectively "Marks") displayed on the Site are the property of us and/or our affiliates, Loylogic or Merchants or other third party, as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of the owner of the the Marks. All information and content including any software programs available on or through the Site (collectively "Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents apply to the features and services accessible via the Site, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.
7. Updates to Terms and Conditions
These terms and conditions may be updated from time to time by Loylogic or us. Any changes will become effective upon our posting of the Terms and Conditions on the Site. Loylogic will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.
8. Governing Law
These terms and conditions are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
Last updated: 20th December 2022