Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

1.    General information

These terms together with the documents referred to in them apply to your use of our website ploom.my, any related micro-sites and any digital application ("Website"), whether as a guest or a registered user. Use of our Website includes accessing, browsing, or registering to use our Website.

The Website is intended to be used by adults aged 18 years and above residing in Malaysia (“Intended User”). If you do not meet these requirements, you must not use the Website.

Please read these Terms of Use carefully before you start to use our Website, as these will apply to your use of it. By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use our Website.

1.1 Information about us

This website is owned by JT International Trading Sdn. Bhd. ("JTI Malaysia") and operated by its affiliates and appointed agency, intended for adult smokers residing in Malaysia who had affirmed that they are aged 18 years old and amongst of whom may voluntarily register for a user account in the Website and can provide a valid government-issued identification to establish their age where required. In the course of registering for a user account in the Website, you will have been asked to read and agree to these Terms of Use and our Privacy Policy. Therefore, by continuing the access and use of this Website or by your registering on the Website, you confirm to have read, be bound, and abide by, these Terms of Use.

1.2 Changes to these terms

We may revise these Terms of Use at any time by amending this page.

Please check this page from time to time to be aware of any changes and to ensure you understand the terms that apply. Any changes will take effect on the date they are posted onto our Website and are binding on you if you continue to use our Website.

2.    Use of the Website

These Terms of Use also refer to the following additional terms, which also apply to your use of our Website:

•           Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

•           Our Cookie Policy, which sets out information about the cookies on our website.

If you purchase goods from our Website, our Terms of Sale will apply to your purchases.

2.1 Changes to our website

We may revise these Terms of Use at any time by amending this page.

Please check this page from time to time to be aware of any changes and to ensure you understand the terms that apply. Any changes will take effect on the date they are posted onto our Website and are binding on you if you continue to use our Website.

2.2 Accessing our website

You must be a smoker aged 18 years old or over to access our Website and your access is conditional on you confirming your age.

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, restrict, discontinue or change all or any part of our Website without notice, although we will try to give you reasonable notice of such change. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

2.3 Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization (who are 18+ years of age and existing smokers) to content posted on our Website.

You must not (unless we have given prior written consent to such use):

•  modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
• copy, adapt, republish, retransmit, redistribute or otherwise make the whole or any part of this Website or its content available, on any media to any other party or on any website, social media platform, on-line service or bulletin board of your own;
• remove any copyright, trademark or other intellectual property notices on this Website; or
• use the Website content for any commercial purpose without obtaining a license to do so from us or our licensors.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

If you print off, copy, download or otherwise use any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

2.4 No reliance on information

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is free from errors or omissions, accurate, complete or up-to-date (including in relation to product descriptions or prices).

2.5 Viruses

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

2.6 Limitation of our liability

To the fullest extent permitted under applicable law, you understand and agree that neither JTI nor any of its respective affiliates, or third party service providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from your use or inability to use the Website or from any actions we take or fail to take as a result of your communication with us. These include damages for errors, omissions, inaccuracies, interruptions, defects, delays, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our Website; or
• use of or reliance on any content displayed on our Website.

We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them, as we have no control over the contents of those sites.

Please note that we only provide our site for domestic and private use and we have no liability to you for any loss of profit/revenue,loss of data, loss of business,business interruption, goodwill or loss of business opportunity.

2.7 Linking to our Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. In particular, you must not link to our homepage from websites that are known to be used by persons under the age of 18 years.

You must not:

• establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
• establish a link to our site in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Website other than that set out above, please contact us using the Contact Us form.

2.8 Indemnification

You agree to indemnify, defend, and hold harmless JTI and any of its affiliates or subsidiaries, and its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising out of or resulting from any violation of these Terms of Use (including but not limited to negligent or wrongful conduct) by you or any other person accessing the Website using your unique registration credentials. 

3.    Account registration

You will be required to register an account on our Website to purchase our product(s). You may also register on our Website as a user. You must be a smoker aged 18 years old or over to register on our Website. Successful registrations are conditional upon you providing true, complete and accurate information where prompted, when you set up your account.

By registering on our Website, you agree to:-

• be automatically enrolled as a member of our Ploom Club.
• your personal information being collected and processed in accordance with our Privacy Policy.
• being invited to participate in user surveys from JTI Malaysia
• refer to these Terms of Use regularly to be kept notified of any changes

You cannot assign or transfer your account to any other party. The email address and mobile phone number you provide when registering must be unique and may only be used by you. Multiple registrations with the same email address and/or mobile phone number will be blocked.  We reserve the right to block your account at our discretion.

3.1 Your account and password

All access codes for our Website and other identification codes, passwords or any other information provided to you or chosen by you as part of our security procedures must be treated by you as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us using the Contact Us form or call us at 1300 228 338.

3.2 Deleting your account

You can choose to delete your account at any time. However:

• all your information will be deleted from our database permanently and cannot be recovered.
• you will no longer be able to view your order history, register your device, receive exclusive benefits, or shop on the Website.
• your Ploom Club membership and all previously collected Ploom points will be deleted and cannot be recovered or converted to any form of rewards upon deletion.
• if you wish to return, you must create a new account.

To delete your account, login to your Ploom account and select Delete Your Account under your Account Dashboard.

4.    Ploom Club

By creating a user account, you are automatically participating in the Ploom Club loyalty program. Find out more about Ploom Club at Ploom Club Terms & Conditions.

5.   Social media

We have created our social media accounts to enable discussions about us and our activities.

These Rules of Engagement (“Rules”) are designed to ensure meaningful, constructive and transparent conversations take place on our social media channels. We are currently present on Facebook, Instagram and YouTube. (In this document, we refer to all those accounts together as "Social Media Accounts".

The Social Media Accounts are intended for adult smokers who want to continue enjoying tobacco products and adult Ploom users residing in Malaysia market and by engaging with our Social Media Accounts.

5.1 How do you accept these terms?

By using any of our Social Media Accounts, you agree to comply with these Terms. You also agree to comply with any other applicable platforms specific terms of use (e.g. Facebook’s Statement of Rights and Responsibilities, Instagram’ Terms of Use, etc.).

5.2 Content moderation

We monitor our social media websites to ensure that posts are relevant and comply with these Rules. We are available on our social media websites to answer any questions you may have.

We are entitled (at our sole discretion) to prevent posting on our social media sites or remove posts already made on them if we believe that a post violates these Rules or any other applicable specific terms of use of a platform. We are under no obligation to inform you of such a decision.

One or more violations of these Rules or any other applicable specific terms of use of a platform may result in you being blocked or banned from our social media websites. We are entitled, at our sole discretion, to block or disable accounts on our social media websites.

5.3 Your post

You are responsible for all posts you make on our social media. We do not undertake to answer all posts.

We expect all posts to be decent and relevant to the topic under discussion, and we reserve the right to remove any postings. Accordingly, your posts must not:

• deal with political or religious issues;
• be offensive, sexually explicit or pornographic;
• be false, inaccurate, misleading or based on rumours;
• be overly repetitive or liable to be considered spam;
• be threatening;
• be unlawful;
• disclose the personal information other persons;
• infringe any third-party intellectual property rights (such as copyright, database rights, trade secrets, confidential information or trademarks);
• imitate other people;
• constitute an offer to sell or a solicitation of an offer to sell;
• promote, advertise, market or endorse our products and brands; or
• promote, advertise, market or endorse the products, services or brands of third parties.

The views expressed by other users on our social media websites do not represent our own views or values.

5.4 User Generated Content “UGC”

License to use User Generated Content (“UGC”). We would like to re-use the content that you submit and post. If you would like us to use your content, please send us in Direct Private Message (DM) on our Social Media Accounts.

For any UGC that You share with us, you represent and warrant that:

• you are current user of Ploom and at least 18 years old (if You do not appear in the selected UGC) or at least 25 years old (if you appear recognizably in the selected UGC);
• the UGC must constitute your original work and not infringe any intellectual property, personality or other rights belonging to third parties;
• the authorization to use the UGC under this agreement (hereinafter the "License") must not violate or conflict with any other other contractual agreements in place or with applicable laws;
• any people recognizably appearing in the UGC including yourself are at least 25 years old, and that you have permission from those people to:

               i. photograph, record or film them,

               ii.  include their photograph, sound and/or video in the UGC

               iii. if applicable, use their names for being shared by JTI and its affiliates for the purposes listed below with no consideration payable to them

                iv. provide JTI with a copy of their written permission if JTI requests you to do so.

You will continue to retain all of your rights to the UGC, but you hereby grant JTI and its affiliates, a royalty free, perpetual license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promoting and/or advertising of JTI’s non-combustible brands, as well as thereto related products, services and promotional materials, at JTI’s sole discretion and without any liability or warranties (express or implied) with respect to our use of it, from the date on which You grant JTI and its affiliates your License.

You grant JTI and its affiliates the rights to reproduce, modify, display and prepare derivative works, publicly transmit, display, distribute, broadcast, and otherwise use the UGC, in whole or in part in any way JTI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies.

You consent JTI and its affiliates to use your name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of yourself and any other people included in the UGC in accordance with our privacy notice available here (link to privacy page) and you confirm that you have informed all persons involved in the UGC of such terms;

If the UGC infringes any proprietary rights of any third party or defame or invade the privacy or publicity rights of any person, you shall indemnify, defend and hold JTI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach.

You agree that your license is voluntary, and you are free to enter into this agreement with JTI.

You may terminate from your License agreement for future uses of the UGC at any time by contacting us via the contact us form (link to contact us page) or by other means following instructions set in the terms of use on our channels, but even after such an opt-out your License will remain valid and enforceable with respect to any UGC you have granted us your License and/or posted on our channels, accounts, wherever applicable according to the respective terms of use, before the termination. Please note that it may take some time for your withdrawal request to be processed, but we will do our best to ensure that this is done as soon as possible.

You can contact our Ploom Customer Support team for any queries or clarifications regarding your License, if you believe your copyright or intellectual property protected material has been used without authorization or if your privacy or personality rights have been infringed.

Remember, posts from you or other people do not necessarily represent the views or values of JTI. We do not have responsibility for any content or links shared by you or other people. If you want to share this page or its content with your own community, please, make sure the people who see your posts are legal age smokers or adult Ploom users.

5.5 Social Media Liability and Disclaimers

Your use of our Social Media Accounts 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 Accounts 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 no infringing; 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.

6.    Jurisdiction and governing law

These Terms of Use and Your use of the Website shall be governed by the laws of Malaysia, and you irrevocably consent to the exclusive jurisdiction of the courts located in Malaysia, for any action to enforce these Terms of Use. The Website’s functionality has been designed to comply with Malaysia law.

7.    Contact us

Please contact our Ploom Customer Support at 1800-228-338 or reach out to us via Contact Us Form to get in touch.

Thank you for visiting our Website.

Last updated: October 2024