Ploom Club Membership Agreement

This Ploom Club Membership Agreement (“Agreement”) is concluded between Cipro Investment and Trading Ltd., located at Semih Sancar Caddesi, No. 2A Girne, TRNC, as the authorized distributor of JT International SA in the Turkish Republic of Northern Cyprus (hereinafter referred to as “we,” “us,” or “Cipro”), and you, who wish to participate in the Ploom Club program (“Ploom Club”) (hereinafter referred to as “you” or the “member”).

Other applicable provisions

The following other regulations are also incorporated into this Agreement by reference, and shall be interpreted together with the terms of this Agreement regarding your Ploom Club membership and shall constitute an integral part thereof:

- Privacy Policy contains information regarding personal data collected within the scope of your Ploom Club membership.

- Cookie Policy contains information regarding cookies collected within the scope of Ploom Club.

- Terms of Use contains the terms and conditions applicable to our website where you create a membership and access your account within the scope of Ploom Club membership.

1. Introduction

1.1. Membership conditions. In order to become a Ploom Club member, you must be at least 18 years old, be resident in the Turkish Republic of Northern Cyprus, and create an account via nc.ploom.com (“Our Website”) or other platforms we have opened or will open for Ploom Club (together with Our Website, referred to as “Platforms”). Ploom Club membership is solely for individual, non-commercial users who meet these mentioned conditions. Ploom Club membership is personal; you cannot open a membership for someone else. You may open only one Ploom Club account. To open a Ploom Club account, you must have an existing Ploom account with at least one registered device.

1.2. Limitations. Ploom Club, Our Website, or the Platforms are only accessible in the Turkish Republic of Northern Cyprus (“Region”). You may not become a Ploom Club member or access your existing membership from outside the Region. Ploom Club membership may be stopped, suspended, closed to access, opened to access, or changes may be made to the terms and conditions applicable to your Ploom Club membership, including this Agreement, due to regulations in force in the Region or changes in legal obligations outside the Region. You cannot use the points, Ploom Club Benefits, and gift vouchers you have obtained within the scope of your Ploom Club membership at other Ploom stores outside the Region, nor can you transfer or assign them to your other Ploom Club accounts.

1.3. Ploom Club program. Ploom Club is a type of loyalty program that offers its members various benefits such as discounts, campaigns, or third-party products and services in various ways, or discounts or campaigns on these third-party products and services, in exchange for the points they collect (collectively referred to as “Ploom Club Benefits”). To access Ploom Club benefits, you must meet the membership conditions and maintain these conditions throughout your Ploom Club membership.

2. Ploom Club Benefits and Points

2.1. Ploom Club Benefits. Unless otherwise stated in the campaign conditions, Ploom Club Benefits belong solely to the member who collects points, and cannot be transferred or used by anyone else. Ploom Club Benefits are valid only for Ploom devices and accessories for which we are the distributor, or for other third-party products and services according to agreements made with third parties. Detailed regulations regarding Ploom Club Benefits are included in the campaign text published for that benefit. In cases where there is no additional provision, this Agreement shall apply. We reserve the right to unilaterally modify Ploom Club Benefits.

2.2. Other Ploom Club Benefits. Various Ploom Club Benefits may be defined on members' birthdays or other special days (Valentine's Day, etc.) to be specified in the conditions of the relevant campaign. These Ploom Club Benefits may be independent of collecting points and spending points. Such Ploom Club Benefits are subject to the terms and conditions shown in the relevant campaign conditions. Ploom Club Benefits to be provided specifically for a member's birthday are defined only once a year for each member. If the member enters their birthday incorrectly on the Platforms or does not enter their actual birthday, the birthday stated on the Platforms shall be taken as the basis. If the member changes their birthday during the year: (i) if the birthday has not arrived yet, the new birthday shall be taken as the basis; (ii) if the birthday has arrived and the Ploom Club Benefit has been defined but not used, the old birthday stated on the Platforms shall be taken as the basis; (iii) if the birthday has arrived and the Ploom Club Benefit has been defined and used, an additional Ploom Club Benefit shall not be defined for the new birthday.

2.3. Collecting points. Ploom Club members may collect points to be spent on Ploom Club Benefits. These points are collected by being reflected in your membership account in return for different activities such as shopping for Ploom devices or accessories in our Ploom stores, registering your Ploom device via the Platforms, or filling out various surveys. Points may be collected through different methods, provided that it is specified in the relevant campaign conditions. Unless otherwise stated in the campaign conditions, points are personal to the individual and the membership, and cannot be transferred or converted into cash. We reserve the right to unilaterally modify the maximum amount of points that can be collected per transaction in each purchase or other forms of point collection. There may be no point application for purchases regarding certain devices and accessories.

2.4. Spending points. Ploom Club members can only spend points belonging to their own memberships, in accordance with the conditions of the relevant campaign if such conditions exist for those points. Regarding provisions not found in the campaign conditions, the provisions of this Agreement shall apply. Unless otherwise specified in the relevant campaign conditions, Ploom Club members may benefit from a discount corresponding to a maximum amount of [___]-TL (____-Turkish Liras) in a single point expenditure. Unless otherwise stated in the campaign conditions, points cannot be combined with Other Ploom Club Benefits. Unless otherwise stated in the campaign conditions, points cannot be spent on discounted Ploom devices and accessories. In campaigns where Ploom devices and accessories are sold together, point spending may not be allowed. We reserve the right to unilaterally modify how and on which of our products or third-party product or service expenditures points cannot be used. Points cannot be used for commercial purposes.

2.5. Other provisions regarding points. Points are non-refundable, non-transferable, cannot be converted into cash, and cannot be used for maintenance services regarding your Ploom device. You can only use your points within the scope of Ploom Club Benefits in accordance with the provisions of this Agreement, or on products and services specified in the relevant campaign conditions, in compliance with the campaign conditions. Points are consumed upon use. Ploom Club membership is not a guarantee of collecting points. Upon closing the account you created via Ploom Club, points will be deleted and will not be refunded or otherwise reflected to you. Unless otherwise stated in the campaign conditions, points must be used within a maximum of [__] (__) years from the date they were collected. Points not used within this period will be deleted and will not be refunded or otherwise reflected to you.

3. Gift Vouchers

3.1. Ploom gift vouchers. From time to time, gift vouchers valid at selected stores or sales points specific to Ploom Club members may be allocated. Gift vouchers are valid only for Ploom devices and accessories. Gift vouchers cannot be combined with Ploom Club Benefits and points. Gift vouchers cannot be converted into cash. Unless otherwise stated in the campaign conditions, gift vouchers are personal and non-transferable. Gift vouchers cannot be converted into cash. Gift vouchers cannot be combined. Unless otherwise stated in the campaign conditions, a member may use gift vouchers corresponding to a maximum amount of [___]-TL (____-Turkish Liras) at one time. Gift vouchers cannot be used for commercial purposes. Gift vouchers cannot be exchanged for points or other Ploom Club Benefits. We reserve the right to unilaterally modify gift vouchers. In case of return of devices and accessories purchased with a gift voucher within the legal period, the gift voucher amount shall be deducted from the refund amount and the gift voucher shall not be refunded separately.

3.2. Gift vouchers for third-party products and services. From time to time, gift vouchers may be allocated for use in contracted third-party products and services specific to Ploom Club members. These gift vouchers cannot be combined with Ploom Club Benefits and points. Gift vouchers cannot be converted into cash. Unless otherwise stated in the campaign conditions, gift vouchers are personal and non-transferable. Gift vouchers cannot be converted into cash. Gift vouchers cannot be combined. Unless otherwise stated in the campaign conditions, a member may use gift vouchers corresponding to a maximum amount of [___]-TL (____-Turkish Liras) at one time. Gift vouchers cannot be used for commercial purposes. Gift vouchers cannot be exchanged for points or other Ploom Club Benefits. We reserve the right to unilaterally modify gift vouchers. Product and service conditions for third-party products and services gift vouchers may change according to agreements made with third parties. We declare that we are not responsible for these changes.

3.3. Gift vouchers with points. If your accumulated points in your Ploom Club membership are sufficient, you can spend them to convert them into a gift voucher. In case you convert your points into gift vouchers by spending them in this manner, the gift vouchers cannot be converted back into points. Gift vouchers obtained in this manner are no longer stored for the duration applicable to the use of points and must be used at the end of the period specified for the relevant gift voucher; otherwise, the gift voucher will expire and be deleted. The points you used for a gift voucher deleted in this manner will not be refunded. If the gift voucher is for third-party products and services, we declare that we do not have any responsibility in case these vouchers cannot be used due to reasons originating from third parties. Vouchers that cannot be used in this manner will not be converted back into points or turned into other vouchers.

3.4. Allocation of gift vouchers. Gift vouchers may be defined to your membership via the Platforms, transmitted to your e-mail address through digital means such as QR code, url, barcode, or PDF file, or transmitted via SMS as a unique code or serial number in various forms, or physically delivered to you. Gift vouchers are deemed to have been transmitted via e-mail or SMS within 24 hours following your request or transaction. If the gift vouchers have not been transmitted to you within this period, you can contact the Ploom Support Team. In physical delivery, the gift voucher is deemed to have been delivered to you at the moment the purchase or other transactions for which the gift voucher will be allocated take place at the relevant store. The responsibility arising from the loss, destruction, tearing, or becoming unreadable/unintelligible or verification of authenticity of physical gift vouchers belongs to you. Vouchers lost, torn, destroyed, unreadable/unintelligible or whose authenticity cannot be verified in this manner cannot be refunded, exchanged, or replaced with a new one.

4. Refer a Friend Program

4.1. Program description. The Refer a Friend program is a program that allows you to collect points as a result of referring a friend and their subsequent purchase of a Ploom device (“Program”). Within the scope of the Program, the terms and meanings to be used in the interpretation of these provisions are as follows: (i) Referrer: the member who currently has a Ploom account with a registered device and a Ploom Club account, (ii) Referee: the person who is at least 18 years old and holds the Referral Code of the Referrer, (iii) Referral Code: the unique code generated for the Referrer to transmit to the Referee, (iv) Referral Date: the date on which the Referrer transmits the Referral Code to the Referee, (v) Privilege: refers to the [____] points defined to the Referrer's account as a result of the purchase of a Ploom device by the Referee with the Referral Code, and the discount in the amount of [___] to be applied to the Referee's first purchase. The Program covers only Ploom device referrals.

4.2. Conditions to be complied with by the Referrer. The Referrer: (i) must currently have a Ploom account with a registered device and a Ploom Club account; (ii) must obtain the consent of the Referee before sharing the Referral Code; (iii) must confirm that the Referee is at least 18 years old and currently uses products containing nicotine before sharing the Referral Code; (iv) must ensure that the Referee is aware of this Agreement and other terms and conditions that may be applied together with the Agreement; and (v) must share the Referral Code only with the Referee, must not make it accessible to others, and must not broadcast it in environments accessible to too many people, such as social media or communication groups. Otherwise, we declare that we are not responsible for the Referee and the Referrer being unable to benefit from the Privilege.

4.3. Conditions to be complied with by the Referee. The Referee: (i) must be an adult who is at least 18 years old and currently uses products containing nicotine; (ii) must not have an existing Ploom or Ploom Club account; and (iii) must be a person purchasing a Ploom device for the first time, having not participated in the Program before.

4.4. Program process. The Referrer can receive and/or create a Referral Code within their Ploom Club account. This code can be shared with the Referee in accordance with the conditions specified above. The Referee earns a Privilege with the Referral Code to be used in their first Ploom device purchase, and with the first purchase, the Referrer also becomes entitled to their own Privilege. However, in order for the Referee to use the Referral Code, they may need to open a Ploom account and register their device. Otherwise, the Privilege may not be earned.

4.5. Referral Code. The Referral Code must be used within a maximum of [__] (__) years from the Referral Date. No Privilege will be allocated for Referral Codes not used within this period. A Referee who does not use the Referral Code within its period cannot benefit from the Program again.

4.6. Limitations. Within the scope of the Program, you cannot refer yourself or the same person more than once. However, you can refer persons carrying the conditions of being a Referee more than once with the Referral Code. A maximum of 10 people can be referred within one year. We reserve the right to unilaterally change the maximum number of referrals.

4.7. Privileges. Unless otherwise specified in the campaign conditions, Privileges are valid only on Ploom devices. The Referrer may use a Privilege corresponding to a maximum amount of [___]-TL (____-Turkish Liras) in each order. If a use contrary to the Program terms and conditions is detected afterwards, we may unilaterally cancel the Privilege. A cancelled Privilege cannot be converted into Ploom Club Benefits or a gift voucher. The Privilege cannot be converted into cash.

4.8. Other applicable terms and conditions. We may also publish conditions regarding the Program via the Platforms or in our stores. In this case, if there is a conflict between the relevant conditions and the provisions of the Agreement, the published conditions shall prevail.

5. Other Provisions

5.1. Campaign conditions. As Cipro, within the scope of this Agreement, we may publish separate conditions for various campaigns, including but not limited to: points, Ploom Club Benefits, gift vouchers, or the Program. These conditions can be found via the Platforms or in our stores, or can be transmitted to you via e-mail, or can be added to digital texts through which the relevant campaign is delivered to you in various forms such as url, QR code, or PDF. Campaign conditions added in this manner are also considered an integral part of the Agreement. In this case, if the campaign conditions conflict with the provisions of this Agreement, these relevant campaign conditions shall prevail, and for provisions not found in the campaign conditions, the provisions of this Agreement shall be referred to.

5.2. Violation of Agreement provisions. In case we detect that you act contrary to the provisions of the Agreement, other terms and conditions applicable to your Ploom Club account, and the relevant campaign conditions, we may close or suspend your Ploom Club account, and cancel your relevant points or Ploom Club Benefits and gift vouchers. In this manner, we reserve our right to claim damages we have suffered or third parties have suffered.

5.3. Transfer to third parties. We may transfer our rights and obligations arising from this Agreement to third parties resident in the Turkish Republic of Northern Cyprus or abroad; to JT International SA and group companies engaged in joint economic activities with JT International SA (collectively “JTI”). Unless explicitly stated in this Agreement and other terms and conditions applicable to your Ploom Club membership, you cannot transfer your rights and obligations to third parties.

5.4. Non-exercise or late exercise of rights. The fact that we do not immediately exercise our rights arising from this Agreement or other terms and conditions applicable to your Ploom Club membership cannot be interpreted as a waiver of these rights.

5.5. Limitation of liability. Within the scope of this Agreement or other terms and conditions applicable to your Ploom Club membership, we are not responsible for damages suffered by you or suffered by third parties due to: (i) your acting contrary to your obligations, (ii) your providing incomplete or misleading information, (iii) your not using the rights and benefits provided to you in a timely manner, (iv) your acting contrary to the laws of the Turkish Republic of Northern Cyprus, and (v) your fault and negligence, without being limited to those listed. In case our liability arises in any way, our liability is limited to a maximum of direct damages suffered. We are not responsible for damages arising due to our inability or failure to perform our obligations in a timely manner arising from this Agreement or relevant campaign conditions in any way, due to reasons that cannot be attributed to us or that occur beyond our control despite having taken reasonable precautions. We are not responsible for damages arising due to our inability or failure to perform our obligations in a timely manner arising from this Agreement or any other terms and conditions and campaign conditions applicable to your Ploom Club membership due to occurrences beyond our control: earthquake, flood, disaster, fire, war, civil unrest, coup, strike, lockout, pandemic, epidemic, or changes in the laws of the Turkish Republic of Northern Cyprus, or by decision of courts or administrative institutions and organizations.

5.6. Invalidity of Agreement provisions. The invalidity of one or a part of the provisions of the Agreement, other terms and conditions applicable to your Ploom Club membership, or relevant campaign conditions shall not affect other provisions. In accordance with the laws of the Turkish Republic of Northern Cyprus, if the relevant provisions are invalid because they exceed the upper limit, these provisions shall continue to remain in force at the highest limit permitted by the laws.

5.7. Applicable law and authorized court. The laws of the Turkish Republic of Northern Cyprus shall apply to any dispute that may arise between the Parties from the provisions of the Agreement, other terms and conditions applicable to Ploom Club membership, and relevant campaign conditions, and the courts of the Turkish Republic of Northern Cyprus are authorized.

5.8. Modification of the Agreement. We reserve our right to any unilateral modification in the provisions of the Agreement, other terms and conditions applicable to your Ploom Club membership, and also in the relevant campaign conditions. These modifications shall be valid from the date they are published.

5.9. Notification addresses. Your notification address is your address specified within the scope of your Ploom Club membership, and notifications made to this address shall be valid. For this reason, we recommend that you keep your address information within the scope of your Ploom Club membership up to date. Our notification address is the address stated in the Agreement. Communication regarding the Agreement, other terms and conditions applicable to your Ploom Club membership, and relevant campaign conditions may be carried out with you via your e-mail address specified within the scope of your Ploom Club membership. Communications carried out in this manner shall substitute for notification. For this reason, we recommend that the e-mail address you specified in your Ploom Club membership is up to date and an address you use.

5.10. Entry into force. The Agreement enters into force as of the date you create a Ploom Club membership.

You can always reach the Ploom Support Team regarding your Ploom Club membership by sending an e-mail to [support email] or by calling the call center at [support number].