TERMS & CONDITIONS FOR APPWARDS WHOLESALER AND RETAILER

 

These terms and conditions apply to your use of Appwards (the “Website”). We operate the Website. By accessing the Website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not use, or access the Website. We recommend you keep a copy of these terms and conditions for future reference.

1. Definitions
2. “We”, “us” and “our” means PMFTC Inc. (“PMFTC”), a company duly organized and existing under the laws of the Republic of the Philippines, with principal business address at Plants C & D, Champaca Street, Barangay Fortune, Marikina City.
3. “You” means any user of this Website. The user of the Website must be an Adult Retailer or Wholesaler (18 years old and above).
4. “Cookies” means small text files which our Website places on your computer’s local storage to store information about your user session and to identify your computer.
5. Accessing the Website
6. Your access to this Website is granted in accordance with these terms and conditions. Access to The Website is only for trade partners (18 years old and above) residing in the Philippines. You must not access the Website if you do not meet, or stop meeting, any of these conditions.
7. We reserve the right to:
8. Modify or remove, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you agree that We shall not be liable to you or to any third party for any modification to or removal of the Website; and/or
9. Change these terms and conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to regularly check the terms and conditions to determine whether they have been changed. If you do not agree to any change to these terms and conditions, then you must immediately stop using the Website; and/or
10. Block access to the Website or any part of it to all or specific users if we suspect breach of these terms and conditions, fraudulent or illegal activity including participation in illicit trade; and/or breach of these terms and conditions or any other contract between PMFTC and the user.
11. Use of the Website and Materials
12. The Website and all its contents (including but not limited to messages posted on the forum, if any, software, files, graphics, data, images, and other materials) ("Materials") are the exclusive property of PMFTC, its affiliates, and/or its licensors and are protected by the intellectual property laws of the Philippines as well as in other countries. The Website and the Materials are provided solely for your personal use. Any other use of the Website or the Materials, including but not limited to the following, are expressly prohibited:
13. using the Website or Materials for business purposes; or
14. distributing, sharing, copying, reproducing, or publishing the Material; or
15. modifying, distributing, transmitting, broadcasting, reproducing, publishing, licensing, or reverse engineering parts of or the entire Website, without the prior written permission of PMFTC.
16. Information We Collect and How We Use It
17. To be able to sign up to the Website, you must be a retailer or wholesaler, at least 18 years of age, and you must provide us with personal information, such as name, birthdate, store code, store name and location, country of residence and e-mail address/telephone number, to enable us to verify your eligibility to be granted access to the Website. When you visit the Website, your browser automatically sends us an IP (Internet Protocol) address and certain other information (such as the type of browser you use). In addition, we may monitor and/or register your activities on the Website, including your submissions to the forum, if any. However, we do not use client-side cookies to store your personal and access information.
18. Consent of use
19. You acknowledge and give consent to PMFTC to:
20. store and use your personal information mentioned under the previous section to allow PMFTC to verify your age and compliance with PMFTC internal policies, and/or contact you; and
21. provide you with, using any means (mail, email, SMS, etc.), communications related to tobacco products, including but not limited to information and material on brand launches, packaging changes, events, marketing activities and/or the regulation of tobacco products, to the extent permitted under applicable laws; and
22. process your personal information in countries other than the country in which you live (for example, locating the database in one country and accessing the database remotely from another); and
23. disclose your personal information to PMFTC’s service providers for the above purposes, to a PMFTC affiliate to do the above for its own purposes and (if required by law) to authorities. PMFTC may not disclose your personal information to third parties for other purposes.
24. Third party links
25. Sometimes we will link to other, third-party websites or resources, which we will take reasonable care to select. You acknowledge and agree that by accessing such links and resources, you have chosen to enter the linked website. We are not responsible for the content, availability or practices of such external sites or resources, and you access and use them at your own risk.
26. Intellectual property 
27. You acknowledge and agree that all intellectual property rights, including copyright, trademarks, database rights and any other intellectual property, in all material or content supplied as or forming part of the Website, remains at all times vested in us or our licensors. Such content includes any text, graphics, images or photographs, audio, video, software, data compilations and page layouts. You are allowed to use this material or content for non-commercial purposes only, and only if and as expressly authorized by us or our licensors.
28. You acknowledge and agree that the material and content contained within the Website is made available to inform and educate you about PMFTC products for sale in your business. You may not directly or indirectly copy, reproduce, transmit, publish, display, distribute or create derivative works of material and content supplied on or forming part of the Website without the express permission of us or our licensors.
29. You are not permitted to use these trademarks for commercial purposes without our prior written approval.
30. How We Protect Personal Information
31. The security of personal information is a high priority for us. We maintain appropriate administrative, technical, and physical safeguards designed to protect against unauthorized disclosure, use, alteration and destruction of the personal information that is provided to us when you visit and use the Website. We use secure socket layer (SSL) and digital certificate encryptions and technologies to keep the transmission of your personal information secure.
32. Personal information
33. On the Website we may ask to collect certain personal information from you such as your name, e-mail address, phone number, date of birth and gender (“Personal Information”). We will also ask for your retail outlet address/ addresses and store ID/ IDs.
34. We may also collect information about where you are on the internet (e.g. the URL you came from, IP address), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the articles, and tasks you clicked on, and any and all activity within the website ("User Information").
35. You warrant that the Personal Information which you provide to us on the Websites is true, accurate, current and complete in all respects. You should notify us promptly of any changes to your Personal Information by updating your details whilst logged in to the Website.
36. Privacy Policy
37. Our Privacy Policy and Cookies Policy are linked to separately on this Website.
38. We at PMFTC respect the privacy of individuals. We are committed to appropriately safeguarding personal information that you provide to us when you visit and use this Website. This section includes a description of the types of personal information we collect via the Website and your consent on how we can use it. It also describes the measures we take to protect the security of the information and how you can contact us.
39. Your use of the Website is at your sole risk. The Website is provided on an "as is" and "as available" basis. PMFTC and its affiliates expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties that the Website and Materials are non-infringing, accurate and appropriate; that access to the Website will be uninterrupted and error-free; that the Website will be secure; that the Website or the servers that make the Website available will be virus-free; or that information on the Website will be complete, accurate, appropriate and timely. If you download any Materials from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Materials. In addition to the above, you assume the entire cost of all necessary servicing, repair, or correction.
40. For information on how we use your Personal Information, see below.
41. Keeping your account secure
42. You must treat your login details for the Website as confidential. You must not disclose them 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 via the live chat feature available on the Website. Email us at Appwards.Support@pmi.com or call our adult-restricted hotline at #76888.
43. Viruses
44. We do not guarantee that our site will be secure or free from bugs or viruses.
45. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
46. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
47. Our liability
48. The content on our site is provided for general information only.
49. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.
50. We exclude all implied conditions, warranties, representations, or other terms which may apply to our site or any content on it. 
51. We will not be liable to you 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 site; or use of or reliance on any content displayed on our site. We will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage.
52. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
53. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our gross negligence or the gross negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
54. How to Unsubscribe from our Database
55. PMFTC is committed to respecting and protecting your privacy. Unless otherwise provided, none of the information you provide will be sold or transferred to non-affiliated parties of PMFTC without your consent. If you wish to delete your Appwards account, please contact us via the live chat feature available on the Website. Email us at Appwards.Support@pmi.com or call our adult-restricted hotline at #76888.
56. Others
57. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
58. If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
59. No waiver by us shall be construed as a waiver of any prior or following breach of any provision of these terms and conditions.
60. Each provision of the terms and conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
61. These terms and conditions shall be governed by and construed in accordance with the laws of the Philippines. You irrevocably submit to the exclusive jurisdiction of the courts of the Philippines for disputes arising from or related to these terms and conditions.
62. Employees of PMFTC, its affiliates, distributors, advertising and promotions agencies or companies involved in Appwards, their agents, as well as their respective relatives up to the 2nd degree of consanguinity or affinity are not eligible to join or win in the website’s promotions.
63. If you have any questions about the Website or these terms and conditions, please contact us via the live chat feature available on the Website. Email us at Appwards.Support@pmi.com or call our adult-restricted hotline at #76888.

 

 

ADDITIONAL TERMS & CONDITIONS FOR APPWARDS WHOLESALER

 

1. Trade and Kasosyo Incentives
2. The Year-to-Date STAR Incentives Redeemed shown on the Website represents your cash discounts from PMFTC programs that are no longer demandable in their cash equivalent because they have already been granted to you via on-invoice discount applied by your PMFTC sales agent to your previous purchases.
3. PMFTC shall not be held liable for any inadvertent or unintended errors, omissions, or discrepancies in the numbers shown on the Website. PMFTC reserves the right to correct, adjust, or rectify any numerical inaccuracies or errors on the Website. This includes, but is not limited to, figures, statistics, measurements, and calculations. Such corrections, adjustments or rectifications may be made promptly and without prior notice.
4. The STAR incentives shown on the Website are subject to the terms and conditions of your signed 2024 STAR Participation Agreement.

 

 

ADDITIONAL TERMS & CONDITIONS FOR APPWARDS RETAILER

1. Content Submissions
2. Whenever you make use of a feature that allows you to upload content to our site, or to contact other users of our site, you must comply with the content standards set out in this section of these terms and conditions.
3. Rights you are giving us to use content you upload:
4. Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all your ownership rights in your content, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph.
5. When you upload or post content to our Website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by our Website and across different media. We may also use your content to promote the Website.
6. You agree that other users of the Website may view the content in accordance with the functionality of the Website.
7. You agree not to upload any content to the Website which:
8. infringes the intellectual property rights of others; or 
9. contains illegal, harmful, or offensive content; or
10. is defamatory; or 
11. is in any way promotional or advertising a good or service other than permitted references to PMFTC products directed to tobacco traders; or
12. in any other way infringes these terms and conditions. 
13. Content from other users: This Website may include information and materials uploaded by other users of the site, including but not limited to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
14. You warrant that any content uploaded by you complies with these terms and conditions and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer because of your breach of warranty.
15. 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 Website constitutes a violation of their intellectual property rights, or of their right to privacy.
16. If you infringe these terms and conditions, we reserve the right to remove any content uploaded by you without notice and/or to suspend your access to the Website. We may also remove content uploaded by you which we deem, in our sole discretion, to be inappropriate for the Website.
17. If you wish to complain about information and materials uploaded by other users, please use the “Contact Us” button available on the Website page or email us at Appwards.Support@pmi.com. If you choose to upload any information and materials to this site, including creative content such as photographs and videos taken by you, then these terms and conditions apply.

 

PROMOTIONS FOR APPWARDS RETAILER

These terms and conditions apply to your use of Appwards (the “Website”). We operate the Website. By accessing the Website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not use, or access the Website. We recommend you keep a copy of these terms and conditions for future reference.

1. General 
2. Appwards (the “Website”) is open to registered retailers (directly and indirectly served by PMFTC), and wholesalers who are 18 years old (as of January 1, 2024) and above. 
3. The Tasks, Unique Pack Codes Promotion, Voucher Promotion, Appwards Games, and Brand Promotion (each a “Promotion”, collectively the “Promotions”) are open only to Members of Appwards.
4. The Starting Period of the Promotions are as follows:
5. Tasks: January 1, 2024
6. Unique Pack Codes: January 1, 2024
7. Voucher Promotion: January 1, 2024
8. Appwards Games: January 1, 2024
9. Brand Promotions: January 1, 2024
10. PMFTC has the sole discretion to shorten or extend the Promotion Period/s if circumstances so warrant.
11. PMFTC has the sole discretion to shorten or extend the Validity of Points Earned from promotions if circumstances so warrant.
12. Appwards users (“Participants”) agree and confirm the following:
13. that you are a retailer or wholesaler, 18 years old or above as of the start of the Promotion Period of the relevant Promotion; and
14. that you have read and understood the terms & conditions detailed herein; and
15. that you agree to follow the applicable mechanics of the Promotions; and
16. that you agree to assume the risk of loss of or damage to property (collectively “Property Losses”), or illness or injury (collectively “Injuries”) that you may sustain in conjunction with your participation in the Promotions; and
17. that you agree to assume all such risks, foreseeable or otherwise, and hereby release and discharge PMFTC, its affiliates and all other persons and entities connected with the Promotions from any liability for, or any claims that may arise in respect of, any and all property losses and/or injuries whatsoever that you may sustain, no matter how any such property losses and/or injuries are caused.
18. Joining the Promotions is not mandatory. Appwards users may choose not to participate in any of the Promotions.
19. PMFTC reserves the right to modify, change or revise the rules and mechanics of the Promotions. 
20. PMFTC reserves the right to hold, suspend, disqualify, or block participant’s account or to terminate his/her participation in the Promotions due to suspicious activity, fraud or any irregular or illegal activity.
21. PMFTC reserves the right to cancel, amend, or revoke these terms and conditions without notice in the event of fraudulent activity, cheating, a security breach or any anticipated breach of any applicable law or regulation, an event or disturbance outside of PMFTC’s control such as acts of God, civil or military events, catastrophes, technical issues/connectivity, pandemic, or war.
22. All decisions of PMFTC and its agents in all matters relating to the interpretation and implementation of this mechanics, as well as the selection of winners are final, and no objections and/or appeals thereon will be entertained.
23. On our Website, you may participate in tasks, quizzes, trainings, and promotions in return for Appwards points “Points”. These rewards are only available to Participants. Points are earned as set out in the relevant section of the Website and can be spent for corresponding rewards vouchers in the “Rewards” section of the Website.
24. All Appwards points earned will be redeemable via Rewards Page in Appwards. For information on redeeming rewards, see ‘Rewards’ portion below.
25. Issuance of rewards, raffle-related notifications, points (as electronic rewards) and electronic or website- related activities are subject to possible delays or changes in Promotion mechanics.
26. Activities, promotion/s and/or campaigns presented in this Website do not serve as a prompt or request, direct or indirect, for you to share any content through any social media channels. By participating in the Promotions, you agree not to share on any social media channel (apart from Barangay Appwards, official Facebook Group), posts (image or text) or hashtags related to PMFTC brands and/or products, this activity, Promotions and/or campaign created by us in any activity or event.
27. This Promotion and its accompanying mechanics are subject to the provisions of Republic Act No. 9211 (Tobacco Regulation Act) and pertinent Philippine laws. Tobacco products are not for sale to minors. 
28. Appwards Tasks
29. Mechanics:
30. Participants will receive tasks/ articles that may award them Appwards points upon accomplishment.
31. Points will be given to Participants either through:
32. Automatic crediting of points via articles
33. Automatic crediting of points for every correct answer to the question within the task (success points)
34. Automatic crediting of points for every task submission (participation points)
35. After back-office validation (for every approved/rejected task based on task guidelines)
36. Unique Pack Codes (“UPC”) Promotion
37. Participants may join the Promotion by purchasing any variant of participating brand that has a unique pack code printed and submitting the pack codes via Appwards.  
38. Only system validated unique pack codes of participating brands are included in the Unique Pack Codes Promotion. Validation of unique pack codes is done in Appwards. Each unique pack code can only be redeemed once.
39. Reward scheme follows the participating brand’s current campaign valuation used to redeem points. 
40. Redemption journey via Appwards (per brand basis) 
41. Participant to input unique code printed in participating brand packs via Appwards (i.e. FT123456789) and press submit code. 
42. Participant with valid codes will receive the corresponding number of points per brand for every valid unique pack code redeemed. Subject to daily limits and caps.   
43. Participant will be prompted with corresponding message from Appwards depending on validity of code sent.  
44. If valid code: Participant will receive corresponding number of points based on mechanics.  
45. If invalid code: Participant will be prompted that code is invalid and he/she will not be able to submit the code.  
46. Daily Limits: A daily limit will be set across all brands. Corresponding limit to be communicated to Participants via Appwards/ SMS/ PMFTC Sales partner.   
47. Appwards Games
48. The specific promotion mechanics will be cascaded to participants via Appwards/ SMS/ PMFTC Sales partner.
49. Mechanics:
50. Select participants will be allowed to partake in specific games depending on the program objectives.
51. Each game will have their individual mechanics and T&Cs, all accessible from the Games' home screen. These will include but are not limited to:
52. Date availability of the game
53. Number of allowable game attempts per user
54. Instructions on how to play the game.
55. Reward Structure
56. Participants may win rewards by participating in the games. These rewards may come in the form of Appwards points, Share Treats vouchers, or PMFTC products to be specified in the individual mechanics and T&Cs. Prizes will vary per game.
57. Game Participation 
58. Non-Appwards users will not be able to participate in the promotion. 
59. Existing Appwards users may be included in the promotion by accessing the game through the homepage and/ or hamburger menu on Appwards. 
60. Game Awarding 
61. The promotion will award participating Appwards users with Appwards points. Specific game mechanics shall be displayed on the Game Tutorial Page. 
62. Suspicious Activity
63. If a user’s game session is suspicious, PMFTC has the right to block the user and revoke the points earned.
64. Blocking of Access
65. Upon detection of suspicious activity, the user will be banned from playing the game permanently.
66. PMFTC reserves the right to change the Terms and Conditions without prior notice.
67. Points Expiration
68. Points earned by participating in any of the Tasks, Programs, Promotions, and other points-earning activities expire by the end of the year unless otherwise stated. This means that points earned by a user can be only used to redeem Rewards in the Rewards section until the end of the year.
69. Rewards Redemption
70. Once a user selects a voucher in Rewards page, the points equivalent is automatically deducted from their Appwards account and corresponding e-gift vendor’s SMS voucher will be sent to the registered mobile number.
71. Upon Participant’s receipt of corresponding Share Treats voucher/s, the prize is considered claimed. PMFTC is no longer liable for sent out Share Treats voucher/s. Use of the Share Treats voucher is subject to the terms and conditions of sharereats.ph.
72. Payments are non-transferable and there are no cash or other alternatives available. We reserve the right to substitute payments of equal or greater value if circumstances arising outside our control mean that we are unable to provide the payment through the method originally offered.
73. Alternatively, we may give you the equivalent monetary value through another type of payment (such as but not limited to eGifts) as agreed between us from time to time. The final decision on eligibility for reward payments rests with us. To redeem reward points, you must comply with the relevant/applicable terms and conditions of the Appwards trade program. 
74. The redemption and use of the rewards are subject to among others the terms and conditions of the specific program, terms and conditions of the relevant fulfillment third party service provider and/or participating merchants for the rewards.
75. PMFTC will only shoulder final withholding taxes on prizes amounting to more than Php10,000 except as expressly provided herein. PMFTC will not be liable to the winners for any taxes, costs, liabilities, or expenses that may arise out of ownership or use of the prizes.
76. PMFTC reserves the right to suspend or revoke the user’s access to the rewards page and redemption of rewards whenever the user has an outstanding debt. PMFTC will restore access to the rewards page after the user's complete settlement of all outstanding amounts.