General Terms of Participation in the Ploom Club Program

Effective June 12, 2024

 

1. Definitions:

1.1. PLOOM CLUB is a loyalty program intended for Members - registered users of PLOOM CLUB. Based on the rules of the mentioned program, Members are able to collect points by undertaking certain activities, achieve various benefits and chances for different special offers, rewards, and experiences.

1.2. PLOOM CLUB is a program of PLUS D.O.O. ZA TRGOVINU I USLUGE PODGORICA Josipa Broza Tita br.29, Podgorica (hereinafter: PLUS), made in cooperation with JT International SA, Geneve, Switzerland (hereinafter: JTI), which PLUS carries out with Business Partners. The company PLUS is engaged in the import and sale of JTI’s PLOOM products, among which are Devices for tobacco heating that enable the consumption of tobacco products without combustion and tobacco smoke. JTI’s products are not products without risk and they are intended for adults only, and therefore their sale to minors is prohibited. Companies JTI and PLUS do not sell or promote such products to persons who are not adults or who are not already smokers or users of tobacco or nicotine products. In accordance with the above, PLOOM CLUB is intended exclusively for adult existing smokers or users of vape or other nicotine products.

1.3. The terms used in the following rules will have the meaning defined here:

 

GENERAL TERMS OF PLOOM CLUB Refers to the General Terms of participation in the PLOOM CLUB program stated in this document.
PLOOM CLUB Refers to the loyalty club of PLUS company defined in Section 1, intended for registered Members or registered users of PLOOM CLUB and which is based on the status of such Membership with all the rules established by the General Terms of PLOOM CLUB.
Member Refers to a person who is registered and has a User account in JTI database according to the rules published on the website www.me.ploom.com and defined in Section 3.
User Account Refers to a unique user profile created on computer servers that records user data, his preferences, and activities, the settings of which are managed by the user to a certain extent.
Territory Refers to the territory of Montenegro.
Ploom Products Refers to Ploom brand products sold within the Territory by PLUS company and/or its Business partners or other retailers.
Device Refers to the Ploom brand tobacco heating device sold by PLUS and/or its Business Partners or other retailers. The device may indicate Ploom X Advanced tobacco heating technology or another Ploom product of the same category or type and purpose that PLUS has in its sales assortment.
Accessories Refers to Ploom brand products that represent additional equipment for the Device and are necessary for its smooth operation and use, including but not limited to a power adapter, USB cable, Front cover (Functional Accessories), or are intended for use with the Device and do not necessarily affect its smooth operation and use (Other Accessories).
Points Refers to points earned by PLOOM CLUB members based on certain activities or the occurrence of certain circumstances, expressed by number, which are recorded on the Members' User account and defined in Section 5.
Status Refers to the status level of a particular member, achieved based on the number of Points, defined in Section 5.
Benefits Refers to special rights and privileges for Ploom CLUB members.
Electronic Code Refers to a unique combination of a series of letters and numbers generated by a computer system for the purpose of using Members' Points for certain Benefits which is being used as proof of the existence of Members' Points, as determined in Section 5.
Personal Code Refers to a unique combination of a series of letters and numbers generated by a computer system and recorded on the User account of each PLOOM CLUB member as his unique code.
Refer a Friend Refers to a special program within the PLOOM CLUB described in Section 6.
Employees Refers to persons employed by PLUS or its Business Partners.
Business Partners Refers to legal entities engaged in the sale of PLUS products, i.e., Ploom products which cooperate with PLUS company based on mutual cooperation agreements.
PLUS Company/PLUS Refers to the company PLUS D.O.O. ZA TRGOVINU I USLUGE PODGORICA, Josipa Broza Tita br.29, Podgorica, Montenegro.

 

2. Applying of the General Terms of PLOOM CLUB

2.1. The General Terms of PLOOM CLUB regulate participation and membership in PLOOM CLUB, as well as the relationship of Members with PLUS, and the realization of rights based on the rules stated therein.

2.2. By joining PLOOM CLUB, i.e. by becoming a Member, the person accepts these General Terms and Conditions of PLOOM CLUB and agrees to be bound by the rules established by the General Terms and Conditions of PLOOM CLUB.

2.3. During the duration of membership, Members are obliged to follow the General Terms of PLOOM CLUB. If a Member does not agree with the General Terms of PLOOM CLUB or cannot follow them for any reason, membership can be canceled in ways defined by the rules on the website  and the Member's User Account or by contacting the PLUS company or Ploom Care Customer Service (email address [email protected], free call 080/081-200).

2.4. The General Terms of PLOOM CLUB apply in the Territory.

2.5. The PLUS company reserves the right to change the General Terms of PLOOM CLUB, services, and Benefits of the PLOOM CLUB program at any time based on notification. If a Member does not agree with such changes, they can terminate their membership in the manner defined in paragraph 1.1.

 

3. Membership

3.1. A person can become a member of the PLOOM CLUB if they are:

1) An adult, i.e., they have reached the age of 18,

2) A smoker or user of vape or other nicotine products,

3) Residing in a Territory in which PLOOM CLUB is being applied.

In case of non-fulfillment of any of the above conditions, a certain person cannot become a member. Legal entities, business entities, and other forms of association do not meet the conditions for membership.

3.2. Membership in the PLOOM CLUB program is tied to the Territory. Membership in the PLOOM CLUB and all rights and obligations arising from it cannot be used in another country, i.e., outside the Territory.

3.3. Membership in the PLOOM CLUB program is unique with a unique User account, and one person cannot have multiple memberships. One person can register more Devices on their User account according to the prescribed steps for registering the Device at www.me.ploom.com or on the Members' User accounts (Device Registration), but they will still have one membership in the PLOOM CLUB. Membership in the PLOOM CLUB program, Benefits and/or services provided based on it are of a personal nature and cannot be transferred to third parties.

3.4. Persons from point 3.1. become Members of the PLOOM CLUB by registering in the PLOOM user database in the following ways:

 

  • By creating a User account on the website www.me.ploom.com
  • By creating a User account at Ploom product sales points with the assistance of sales staff through platforms and equipment operated by sales staff.

3.5.. Members are obliged to ensure that the data on their personal User account are authentic, accurate, and precise, and that they represent their personal data for which the Members agree to be processed in accordance with the PLUS Privacy Policy published on the website www.me.ploom.com. Members are obliged to register any change of data on their User account, and PLUS company will not be responsible if a certain failure of realization of the Member's rights in accordance with these General Terms of PLOOM CLUB occurred due to incomplete and/or inaccurate Member's data on the User account.

3.6. Membership in the PLOOM CLUB is permanent, i.e., until the termination of the Member's status at the initiative of the Member himself as described in these General Terms of PLOOM CLUB or at the initiative of PLUS company. PLUS company has the right to refuse the application or registration of membership, as well as to revoke the right to Membership, the Member's User account or the use of PLOOM CLUB for any reason, including violation of the General Terms of PLOOM CLUB, and to terminate the PLOOM CLUB program in its entirety.

 

4. Benefits

4.1.  Based on membership in the PLOOM CLUB program and based on their Status, persons have the right to various Benefits determined by these General Terms. PLUS company has the right to change the indicated Benefits, PLOOM CLUB rules, and General Terms of PLOOM CLUB at any time with a notice given through changes to them on the website www.me.ploom.com.

4.2. The offer of Benefits based on the PLOOM CLUB membership is valid until the amendment or cancelation of these General Rules of the PLOOM CLUB, unless otherwise determined for individual Benefits. PLUS reserves the right to:

  • terminate relations with Business Partners and access to Benefits provided by Business Partners for any reason at any time; and
  • change the Benefits for any reason and at any time.

About each such change, PLUS will inform the Members by publishing on the website www.me.ploom.com or via e-mail.

4.3. Members can receive Benefits by collecting Points and reaching certain Statuses based on collected Points. The ways of earning Points and different Statuses are listed in Section 5. Members can choose Benefits listed in the rules of the PLOOM CLUB, depending on their availability.

4.4. Members can materialize Benefits exclusively personally, except in cases when the rules of the PLOOM CLUB have determined otherwise, i.e., that they can be materialized by other persons.

4.5. Certain Benefits that are acquired based on Status can be materialized, i.e., used during the period while such Status lasts. Also, certain Benefits can be used within the period specified for the validity of such a benefit, if applicable. If a certain Benefit is not used within the period or deadline set, the Member loses the right to use and request such a Benefit.

4.6. Some Benefits may be provided by Business Partners. Business Partners’ Benefits may be subject to agreements between PLUS and Business Partners, general terms of the Business Partner, or availability of Benefits with Business Partners. PLUS company will make reasonable efforts to ensure the availability of such Benefits, but will not be responsible for the failures of Business Partners to provide such Benefits, except in the case when such failure was caused by PLUS company. In such case, the liability of PLUS company will be limited to the corresponding Benefit of the same value.

4.7. PLUS reserves the right, subject to notification of Members on the website www.me.ploom.com or in another way, independently or in cooperation with Business Partners, to determine and allow Members other Benefits that are not specifically listed in these General Terms of PLOOM CLUB, including but not limited to special offers, rewards, gifts, participation in events or other specially unlisted services. Also, PLUS’s Business Partners, based on their general terms and decisions, can provide PLOOM CLUB Members with additional benefits and special offers (such as, for example, the Device at the most favorable prices).

4.8. In case Members share content about JTI products, PLOOM CLUB rules, or Benefits they have gained based on the PLOOM CLUB Program,  through social networks or other means of communication, Members will be independently responsible for the content of such communication in a manner that it is not contrary to the views of  companies JTI and PLUS company about the characteristics of JTI products and their purpose, as nor to positive regulations.

 

5. Points and Statuses 

5.1. Members of the PLOOM CLUB program have the opportunity to earn Points for certain activities or upon fulfilment of certain conditions and the occurrence of different circumstances, in various ways.

5.2. All earned Points of Members are registered and recorded in the User account of each Member and can be used in the manner provided by the rules of the PLOOM CLUB. Points cannot be exchanged for money, and they cannot be used with any other Status or loyalty program, except those listed in the rules of the PLOOM CLUB.

5.3. Points are valid and can be used in the ways listed in the rules of the PLOOM CLUB until the expiration of a period of two calendar years. This means that Points earned at any time during one calendar year will be valid and can be used until December 31 of the following year.

5.4. Points can only be earned by a Member personally, and cannot be transferred to other Members or any third parties for any reason. In the event of a Member's death, all Points and Benefits that the Member has collected or has the right to are automatically canceled.

5.5. In case of any dispute over the right to Points, a request for the realization of the right to the same must be sent to PLUS or Ploom Care Customer Service (email address [email protected] within 1 (one) year from the subject activity or conditions for acquiring the same, with the provision of evidence of such activity or condition.

5.6. Points, as well as Member activities and conditions and circumstances under which they are acquired, are listed below:

 

Activity/Circumstance: Points
Device Registration 500
First purchase of the Device by a referred Friend* 500
Member's birthday 100
Anniversary of Ploom Montenegro 50
Each read article available to Members on www.me.ploom.com (for a maximum of 10 read articles during one calendar month)

10 – for Silver Status

20 – for Gold Status

30 – for Black Status

**

Played game available to Members on www.me.ploom.com - according to the result (for a maximum of 3 played games during one calendar week)

10 - low achieved result 

25 - medium achieved result 

50 - high achieved result

 

5.7. Members acquire a certain Status based on the earned Points, as follows:

1) Silver – from 0 to 1499 Points;

2) Gold – from 1500 to 2999 Points;

3) Black –3000 and more Points.

5.8. If a Member, based on the earned Points during one calendar year, acquires a certain Status, he will keep at least that level of Status until December 31 of the same year, regardless of whether the number of Points necessary for acquiring the right to the given Status has been reduced during the year based on their use in the manner provided by the rules of the PLOOM CLUB. On January 1 of each calendar year, the Member's Status is re-determined based on the number of Points on the Member's User account on December 31 of the previous year.

5.9. For every 500 or 1000 Points earned, the Member has the right to use them as a form of payment (where 100 Point = 1.00 EUR) during the next purchase of any product:

1) At Ploom sales points and/or with specialized Ploom Brand ambassadors (the list of point of sales is available under the name Ploom Brand Stores on the webpage https://www.me.ploom.com/en/store-locator)¹.

For the purpose of using Points in the mentioned way, it will be necessary for Members to download Electronic codes²  on the website www.me.ploom.com or on their User account, (for which the value of 5.00 or 10.00 EUR has been stated for their use or payment at the mentioned sales locations (. For the sales staff, these codes will represent proof of the possession of mentioned Points and possibility to use them when paying.

5.10. Electronic codes from point 5.9. have to be used within 30 days, so Members have to use the Benefit provided in point 5.9. or Points in the way they have chosen within 30 days from the day of downloading the Electronic code on their User account. Otherwise, the mentioned Benefit expires, and Members will lose the number of Points they used to get the Electronic code.

5.11. PLUS company reserves the right, at its own discretion, to change the rules and manners of earning Points or Status at any time, subject to  prior notification of Members on the website www.me.ploom.com, by changing the General Terms of PLOOM CLUB, or in another way.

 

Refer a Friend rules listed in Section 6.

** The way to achieve Status is listed in Section 5, points 5.7. and 5.8.

¹ Ploom sales points Tobacco S Press, where Ploom and related products are available the list of which is available on the webpage https://www.me.ploom.com/en/store-locator under name Ploom Brand Stores, managed by PLUS’s business partner – Tobacco S Press, including their sales staff Ploom Brand Ambassadors which may conduct itinerant trading

² In some communication channels of PLUS company towards Members, instead of the name "electronic code" for the exchange of points, the term "coupon" and/or "voucher" may be used, and PLUS company confirms that they do not represent coupons or vouchers as means for realizing the right to sales incentives in the sense of the Consumer Protection Law of Montenegro, but proof of the existence of points of PLOOM CLUB Members that can be used at the sales points of PLUS's Business Partners based on a mutual agreement

 

6. „Refer a Friend"

6.1. The rules of the "Refer a Friend" program are the rules of the PLOOM CLUB by which each Member or  Employee based on PLUS's decision  or cooperation agreement with its Business Partners (in this section referred to as: Referrer) can recommend a certain person (in this section referred to as: Friend) for participation in the PLOOM CLUB, based on which the Referrer and the Friend who becomes a PLOOM CLUB Member, acquire certain Benefits.

6.2. Each existing PLOOM CLUB Member (Referrer) on their User account has their Personal code which implies a unique combination of a series of letters and/or numbers, while  Employees receive their unique code based on the decision of PLUS or its Business Partners (hereinafter: Personal code or Referral Code). The Referrer can use the Personal code as a recommendation code, i.e., share it with their Friend.

6.3. The conditions that must cumulatively be met for a person to be eligible to become a Friend in accordance with the rules from this Section and to use the Benefits listed by these rules are:

1) the person is an adult, i.e., reached the age of 18,

2) the person is a smoker or user of vape or other nicotine products;

3) the person resides in the Territory of the PLOOM CLUB,

4) the person is not an existing Member of the PLOOM CLUB and has not become one by the time of using the Referrer's Personal code,

5) the person accepts to become a Member of the PLOOM CLUB by registering in the users’ database by opening a User account due to the use of the Referrer's Personal code in the manner specified by these rules, with all the rights and obligations arising from the PLOOM CLUB.

6.4. The Personal code of the Referrer who is also the Member can be used for a maximum of 10 (ten) times, i.e., Benefits that are acquired based on the "Refer a Friend" rules, both for the Member and Friends he referred to, can be materialized 10 times maximum. PLUS may exclude the Member from the "Refer a Friend" program the moment when, based on his Personal code, 10 Benefits have been materialized based on the stated program rules. Also, PLUS may exclude Friends from the "Refer a Friend" program if it determines that they are the same persons who already have User accounts as PLOOM CLUB Members or have already used Benefits based on the Program rules.

6.5. Friend can use Referrer's Personal code for the Benefit during their first purchase of  Ploom Device along with the registration of their User account.  Stated benefit can be used in the form of a payment method or reduction of personal payment in the amount of 5.00 EUR through Member's Personal code, or 10.00 EUR trough Personal code of an Employee, in following stores:

1) at Ploom sales points and/or with specialized Ploom Brand ambassadors (the list of which is available under the name Ploom Brand Stores on the webpage https://www.me.ploom.com/en/store-locator)³.

6.6. The Benefit from point 6.5. is acquired by showing the Referrer's Personal code to the sales staff at the mentioned sales locations provided that the Friend, during such purchase of the Device, registers as a new PLOOM CLUB Member., The Referrer can make the stated purchase with registration according to the valid purchase rules and/or special offers based on registration or membership in the PLOOM CLUB. This means that the prices of the Devices for which the Referrer's Personal code can be used are defined by retailers/Business Partners and if there are special benefits or special offers for PLOOM CLUB members, the Friend can use these benefits and offers during the purchase, without affecting the right to the Benefit from point 6.5.

6.7. In case of realization of the Device purchase and use of the Benefit by the Friend in the manner provided in points 6.5. and 6.6, the Referrer, acquires an additional 500 Points on their User account (in accordance with Section 5), while the benefits for  Employees are determined by PLUS’s or Business Partners’ Decision.

6.8. The "Refer a Friend" program can only be used for personal, non-commercial purposes and the Referrer can share their Personal referral code by any form of communication that can be characterized as personal communication. Mass advertising or promotion of the Personal code and Benefits that are acquired based on its use is not allowed and can result in immediate exclusion from the "Refer a Friend" Program and/or from membership in the PLOOM CLUB.

6.9. Members, PLUS Employees, and Friends, as participants in the "Refer a Friend" program, accept that they are bound by the rules and conditions of anti-corruption, namely: that they are not public servant and/or officials or candidates for public functions, they will not directly or indirectly offer or promise, nor request or receive any compensation, gifts, rewards, or other benefits, which could be considered a bribe or illegal corrupt practice, and they will respect all positive regulations governing the field of anti-corruption.

6.10. PLUS reserves the right to take actions related to participation in the "Refer a Friend" program with the aim of detecting any abuses, as well as to take all necessary measures to prevent or eliminate them, including but not limited to suspending Benefits based on the mentioned program.

 

³ Ploom sales points Tobacco S Press, where Ploom Devices are available, the list of which is available on the webpage https://www.me.ploom.com/en/store-locator under name Ploom Brand Stores , managed by PLUS’s business partner – Tobacco S Press, including their sales staff Ploom Brand Ambassadors which may conduct itinerant trading

 

7. Additional Guarantees

7.1. In addition to the existing consumer rights guaranteed by the Consumer Protection Law of the Montenegro, PLUS as an importer of Ploom products for the Territory provides its Members with additional rights (hereinafter: Additional Guarantee) in relation to damaged or non-functional Devices or their components or Functional Accessories that affect its proper use and functioning.

7.2. The condition for acquiring the Additional Guarantee is that the Member has registered the subject Device on their User account according to the prescribed steps on the website www.me.ploom.com or their User account, before submitting a request for exercising the rights from the Additional Guarantee or when submitting the same request.

7.3. Devices for which the right to an Additional Guarantee can be realized are those for which it has been determined based on the submitted complaint or request for exercising the rights from the Additional Guarantee that there are some of the following reasons that affect their proper use and functioning (further: Dysfunctional Devices):

1) accidental and unintentional physical damage that was not caused by improper handling or negligence (hereinafter: Accidental damage),

2) malfunction due to material defects and/or workmanship and/or design, or for reasons not caused by consumer actions (hereinafter: Malfunction).

The causes of the Device's dysfunctionality will also include the mentioned causes of any of the Device components or Functional Accessories necessary for its proper functioning.

7.4. In order to exercise the rights from the Additional Guarantee in cases of Accidental damage, Members are obliged to take all reasonable precautionary measures to protect the Device or Functional Accessories that are necessary for their proper functioning and use them in accordance with their user manual. The Additional Guarantee from this Section will not be enabled in the following cases:

1) damages caused by misuse, realized or attempted modifications to the device, or electrical shock;

2) Devices with a serial number that has been modified, deleted, or removed;

3) Devices or Functional Accessories that have been disassembled, serviced, or modified in a way not approved by PLUS or JTI;

4) loss or theft of the Device or Functional Accessory; 

5) damages to the exterior of the Device or Functional Add-Accessory that do not affect their functionality;

6) malfunctions due to usage with an incompatible product;

7) damages or malfunctions caused by usage that is not in accordance with the associated user manual;

8) damages or malfunctions caused by normal wear and tear and/or use.

7.5. The Additional Guarantee that Members will realize in cases of Dysfunctional Devices in accordance with the rules of this Section is reflected in the mandatory replacement of the Device within 2 (two) years from the purchase of the Device (with the limitation of the right to only one replacement in cases of Accidental damage), which will, on Members’ request, be performed by service points appointed by PLUS company (hereinafter: Service points). If any of the mentioned causes of dysfunctionality are within the Functional Accessories which come along with the Device or on which its proper functioning and use is depending, the replacement will be performed in the stated terms only in respect of those Functional Accessories, if it ensures further proper functioning and use of the Device.

7.6. The service points that PLUS company appoints in this way are following specialized sales points: (the list of which is available under the name Service Places on the website https://www.me.ploom.com/en/store-locator⁴).

7.7. Members can direct their questions and requests related to the realization of rights from the Additional Guarantee to Ploom Care Customer Support (email address: [email protected], free of charge call to the number: 080/081-200) or directly to the staff at the Service points. For the actual realization of the rights from the Additional Guarantee, i.e., replacement, Members will certainly be referred to the Service points..

7.8 In case of submitting complaints or requests for exercising rights from the Additional Guarantee, Members will be obliged to fulfill the requirements prescribed by the rules for resolving complaints or claims and provide the following information to the competent persons of Ploom Care Customer Support or Service points: (1) serial number of the Dysfunctional Device; (2) description of symptoms, problems, or causes of non-functionality of the Device or Functional Accessory; and (3) actions taken before problems started with the Device or Functional Accessory and all steps taken to solve the problem. Also, the Dysfunctional Device or Functional Accessory has to be provided to the Service point, and if the competent persons of the Service points or PLUS request, the Member will be obliged to provide proof of purchase of the Device or Functional Accessory.

7.9 The competent persons of the Service points or Ploom Care Customer Support will confirm the receipt of the complaint/claim or request for exercising rights from the Additional Guarantee to the Member in writing. As a rule, the same will be decided on the spot, i.e., on the same occasion. Otherwise, if a longer period is needed to resolve the complaint and realize the right to the Additional Guarantee, the complaint and any right from the Additional Guarantee will be resolved within 8 days from the date of receipt, about which the Member will be notified in writing, by phone, or electronically by the staff of the Service point or PLUS company or Ploom Care Customer Support. If the Member has the right to a replacement Device or Functional Add-on, it will be handed over by the staff of the Service point as soon as possible, however not later than in 15 days from submitted complaint.

7.10. In case of right to replacement in accordance with this Section, the Member will hand over the Dysfunctional Device or Functional Accessories, which are subject to replacement, to the staff of the Service point, and in return will receive a Device or Functional Accessory of the same type if it is available, or a Device or Functional Accessory that is equivalent to the Dysfunctional Device or replaced Functional Accessory in its performance and functionality and enables their proper functioning.

7.11. The rights specifically given by this Section in the form of an Additional Guarantee do not affect the consumer rights and legal remedies provided by the Consumer Protection Law of Montenegro, so consumers retain all their rights arising from the law with the retailers from which they bought Ploom products.

 

⁴ Ploom Brand sales points Tobacco S Press, the list of which is available on the webpage https://www.me.ploom.com/en/store-locator, under name Service Places managed by PLUS 's business partner – Tobacco S Press.

 

8. Other Benefits

8.1. PLOOM CLUB Members are also entitled to other Benefits, among which is:

- free cleaning of the Device, instructions, and customer support at Ploom sales points (the list of which is available under the name Ploom Brand Stores on the website www.me.ploom.com/me/store-locator)⁵.

2. In accordance with Section 4, PLUS reserves the right, subject to notification of Members on the website www.me.ploom.comor in another way, independently, or in cooperation with Business Partners, to determine and enable its members other Benefits that are not specifically listed in these General Terms of PLOOM CLUB, including but not limited to special offers, rewards, gifts, participation in events, or other specially unlisted services.

 

⁵ Ploom sales points Tobacco S Press where Ploom Devices are available, the list of which is available on the website https://www.me.ploom.com/en/store-locator under name Ploom Brand Stores managed by PLUS's business partner - MPS Integration doo Beograd.

 

9. Final Provisions

9.1. In case of disagreement with the General Terms of PLOOM CLUB, Members can cancel their membership at any time in the ways defined by the rules on the website www.me.ploom.com and the Members' User account or by contacting PLUS or Ploom Care Customer Service (email address: [email protected], free call to the number: 080/081-200).

9.2. In case of violation of the General Terms of PLOOM CLUB, PLUS company can terminate the membership of any Member at any time with immediate effect. Also, PLUS can terminate membership 30 days after the submission of Member’s request.

9.3. PLUS will not be responsible if a certain non-realization of the Member's rights in accordance with these General Terms of PLOOM CLUB occurred due to incomplete and/or inaccurate Member's data on the User account.

9.4. After the termination of membership, the Member will no longer have the right to any of the services and Benefits from the PLOOM CLUB program, except for the rights from the Additional Guarantee described in Section 7, which will remain in force until the expiration of the terms specified in that Section. If the right to a certain Benefit has already been acquired, the Member retains the right to realize it within the terms provided for the use of the given Benefit if applicable.

9.5. PLUS will confirm to its Business Partners that Members and/or other persons have acquired the right to certain Benefits based on the rules of the PLOOM CLUB in the manners determined by mutual agreements and it will make reasonable efforts to realize them.

9.6. PLUS does not give any statements or guarantees about any income, fees, or other tax obligations and public duties that Members might have as a result of Membership in the PLOOM CLUB program. Members are independently responsible for any tax or other obligations arising as a result of Membership or use of Benefits in the PLOOM CLUB program, except those for which PLUS is exclusively responsible based on effective regulations.

9.7. Disclaimers in this Section do not exclude liability that cannot be excluded based on positive regulations.

9.8. Ownership of Points and Benefits remains with PLUS company at all times and never transfers to Members except that Members have the right to use Benefits in accordance with the General Terms of PLOOM CLUB. Risks related to Benefits pass to Members as soon as they use the given Benefit. The collection of Points and Benefits is determined by PLUS company at its own discretion.

9.9. Except in case PLUS has expressly determined otherwise for a certain Benefit in writing, Points and Benefits cannot be exchanged for money, nor can they be refunded or exchanged. Points and Benefits cannot be purchased, sold, exchanged, or otherwise transferred to any third party, including to any other Member, at any time, unless specifically approved by PLUS. PLUS can cancel any Points and Benefits that are traded or transferred in the described way.

9.10. PLUS reserves the right to suspend or terminate a certain right of a Member or the right of any person who uses the given right, which is suspected of using the PLOOM CLUB program in a way that is not in accordance with these General Terms of PLOOM CLUB or applicable law. In addition to the suspension or abolition of the right to use the PLOOM CLUB program, PLUS reserves the right to take appropriate administrative and/or legal actions, which it deems necessary at its own discretion.

9.11. Membership in the PLOOM CLUB program is free, and it is provided as seen, without any further guarantees.

9.12. The failure of PLUS to enforce these General Terms of PLOOM CLUB will not constitute a waiver of them or any of their provisions.

9.13. All other information about the PLOOM CLUB program can be obtained by contacting PLUS or Ploom Care Customer Service (email address: [email protected], free call to the number: 080/081-200).

9.14. All questions or disputes regarding the right to use the PLOOM CLUB program, the availability of Benefits, or compliance with these General Terms will be resolved by PLUS at its own discretion. The decision of PLUS is binding.

9.15. Notices from PLUS company based on these General Terms of PLOOM CLUB can be delivered on the website www.me.ploom.com or in writing, including e-mail.

9.16. These General Terms of PLOOM CLUB are subject to the laws of Montenegro and for all disputes related to these General Terms, the court of the place where PLUS’s seat is located will be competent.

9.17. If any competent authority or court declares any provision of these General Terms of PLOOM CLUB invalid or unenforceable, such provision to the extent of declared invalidity or unenforceability, will be considered separate from the other provisions and will not affect the validity of the other provisions of the General Terms.

9.18. In case of any disagreement between the versions of these General Terms of PLOOM CLUB in Montenegrin and English, the Montenegrin version prevails.

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