These terms and condition govern the collection and use of points and set out the terms of the contract between GEMS Rewards LLC (GEMS, us or we) and each Member. A Member will be automatically registered with the GEMS Points collection program (GEMS Points) by downloading the App and creating an account (an Account) and can then earn points through various Earning Channels. If you apply to register an Account or use the App you accept these terms and conditions. We may refuse an application to register an Account for any good reason.
GEMS Points Earning
GEMS Points can be earned across the following channels (each an Earning Channel) pursuant to:
- Select transactions with GEMS Exclusive Merchants displayed in the App
- Select transactions undertaken in the GEMS Rewards mobile app while booking airline tickets, hotels and purchasing gift cards using any valid payment card. The card transactions are processed via the payment gateway available on the GEMS Rewards mobile application.
- GEMS Points will not be issued to members introduced as Family and Friends. The points earned in such transactions by a Family and Friend member will be credited to the GEMS Rewards Account of the Primary member who has introduced the Family and Friend member.
The Ambassador Programme
- An account to record the GEMS Points earned or redeemed by each Member will be established by us. The number of GEMS Points currently credited to a User's GEMS Points Account can be viewed on the App by visiting the My Savings section of the app.
- GEMS Points balances cannot be pooled with the GEMS Points balances of any other Member at any point of time
- GEMS Points balances cannot be transferred to any other Member at any point of time.
- GEMS Points may only be earned at the time a relevant transaction through an Earning Channel is completed and cannot be earned or claimed retrospectively.
GEMS Rewards reserves the right, in its absolute discretion, to adjust (including by deduction) the number of GEMS Points accrued or credited to an Account, if GEMS Points have been accrued or credited in error (including as a result of error arising from a misrepresentation, negligence, or technical malfunction) or for any other reason resulting in the GEMS Points being invalidly accrued.
We will correct an Account if it is shown to our reasonable satisfaction to be incorrect however, any decision to do so will be subject to the Member producing clear records demonstrating an error. Our decision is final in relation to any correction.
If a transaction on which GEMS Points are earned or issued or redeemed is cancelled, reversed or not completed, we will reverse the associated adjustment to the GEMS Points. Our decision is final in relation to any such reversal.
GEMS Points Redemption
- Provided that the GEMS Rewards Relationship is active and in good standing as determined by GEMS, and subject to the approval of GEMS, GEMS Points may be redeemed (i) to offset any specified GEMS fees and/or charges applicable to the GEMS Rewards Accountholder as determined by GEMS or (ii) any other applicable reward as determined & informed to the member by GEMS from time to time..
- Each GEMS Point shall be deemed, for the purposes of redemption against an applicable reward, to have a value of AED0.10. GEMS Points cannot be exchanged or redeemed for cash.
- GEMS Points cannot be redeemed until credited to a GEMS Points Account. Depending on the Earning Channel it will take different periods to notify members of points to be credited. GEMS is not responsible for a failure, delay or error by any third party failing to notifying members of GEMS Points to be credited.
- GEMS Points cannot be redeemed unless the Member has, at the time of the redemption, a minimum of 10 GEMS Points (the Minimum Points) credited to his/her Account. GEMS reserves the right to vary the Minimum Points from time to time.
- A Members may choose to redeem the GEMS Points credited to their Account in full or in part only, however, conversion that would result in a Member holding a fraction of a GEMS Point will be rounded up to the nearest whole GEMS Point.
- If a Member does not redeem the entire value of his/her GEMS Points, the balance value will remain in their Account and may be used for future redemptions provided that he/she has the Minimum Points credited to his or her Account at the time of redemption.
- GEMS Points once redeemed cannot be used again.
- GEMS Points once redeemed cannot be reversed.
- GEMS Points cannot be transferred to or redeemed by another Member or any person other than the Member to whose Account those GEMS Points are credited.
- If the value of the invoice for GEMS School Fees is more than the value of the GEMS Points credited to that Member's Account then the balance amount must be paid by the member using a valid payment method (as determined by GEMS) simultaneously with the completion of the redemption.
- GEMS Points that are not redeemed by a Member will remain credited to his/her Account for a period as governed by the GEMS Rewards Expiry Policy. Expired GEMS Points will be deducted from a Member's Account and cannot be re-credited to the Member's Account.
- GEMS Rewards reserves the right (in its absolute discretion) to adjust the number of GEMS Points accrued or credited to a Member's Account if the GEMS Points it determines that were credited or accrued invalidly (including but not limited to as a result of error or misrepresentation, negligence, or technical malfunction).
Expiry and Termination Policy
- GEMS Points will have a minimum expiry of 11 months and 30 days and a maximum expiry of 23 months and 30 days from date of earn. All GEMS Points earned during an Academic Year (meaning a 12 month period commencing on 1st September and ending on 31st August) will expire on the 31st August of the following Academic Year (meaning, for example, that GEMS Points earned on 2 September 2018 will expiry on 31 August 2020).
- GEMS Points will expire and be lost if the relevant Account is closed or the GEMS Points programme ends (which GEMS may elect to do at any time and at its sole discretion).
- GEMS may close any Account on which no GEMS Points have been earned or redeemed for a continuous period of at least 12 months. GEMS may also, on notifying the Member, immediately suspend or terminate the rights of any Member, and/or close any relevant Account, if they breach these Terms and Conditions, if GEMS reasonably believes that a Member has dealt with GEMS Points in a manner not permitted by these Terms and Conditions or any Earning Channel Partner, if there is any theft from or misconduct in connection with GEMS or any Earning Channel Partner, if a Member supplies any false or misleading information to GEMS or if they are abusive or offensive to any member of our staff. A Member can close his/her Account at any time by notifying GEMS. If an Account is closed all rights to redeem GEMS Points from that Account are lost.
- GEMS may terminate or suspend the GEMS Points programme at any time but will give as much notice as it reasonably can before it does so. If this happens all Accounts will be suspended or terminated.
- If we sell or transfer GEMS Points to another company we may transfer all of our rights and obligations under these Terms and Conditions without any further consent and may disclose or transfer all information we hold about Members to a prospective or actual new owner. Such a disclosure or transfer will not alter the rights of such Members in respect of the use that can be made of such information by such other company
The GEMS Rewards Member may only use the gift card in accordance with this Agreement. The gift card can only be used in retailers participating in the programme as part or full payment for goods. Gift card is strictly personal and can be used only by the GEMS Rewards Member. Gift cards are not refundable and cannot be exchanged for cash, be sold or transferred.
The gift card will cease to be valid twelve months from the date of purchase/issuance; this is referred to as the ‘expiry date’. On the expiry date, the gift card will cease to function and the GEMS Rewards Member will not be entitled to use the gift card.
The gift Card is a prepaid, stored value card and should be treated just like cash in a wallet or purse. If the prepaid gift card is lost or stolen, you may lose any funds held on the prepaid gift card. The GEMS Rewards Member must do all that he reasonably can to keep the gift card safe. Any misuse by a third party will be at your risk. The GEMS Reward Member must promptly notify GEMS Rewards customer service of any loss or theft of the gift card. GEMS Rewards customer service will suspend the gift card to prevent further use. If a lost gift card is subsequently found, it must not be used unless we confirm it may be used. GEMS Rewards will not be liable for any misuse of the Card arising out of the loss, theft or misuse of the gift card. GEMS Rewards may issue you a replacement gift card in the event of loss or theft of your gift card subject to you providing the necessary documents and information. Issuance of a replacement gift card may be subject to a fee. GEMS Rewards will be entitled to assume that a transaction was authorized by the GEMS Rewards Member where the correct gift card number is entered at the point of sale or where relevant information is supplied to the retailer that allows them to process the transaction. GEMS Rewards may refuse to approve a Transaction and/or suspend the gift card, with or without notice, if GEMS Rewards thinks that the gift card has been or is likely to be misused or if you have breached the Agreement, including if we suspect any illegal use of the gift card. If we do suspend the gift card, we will inform you of our decision, unless such disclosure is prohibited by law or would otherwise compromise fraud prevention or security measures. The GEMS Rewards Member will be liable for all losses in respect of the gift card if you have (i) acted fraudulently; (ii) failed to use the gift card in accordance with the Agreement; (iii) have failed to notify us without undue delay on becoming aware of the loss, theft or misuse of the gift card; or (iv) have failed to take all reasonable steps to keep the gift card’s security features safe.
GEMS Rewards offers you the flexibility to book airlines and hotel reservations on the GEMS rewards mobile app platform. Members will earn GEMS points for every successful booking completed on the rewards platform.
Bookings can be paid using any valid payment card on the payment gateway provided on the mobile app.
Booking prices are quoted based on the best available price across suppliers at the time of booking, for chosen route/destination, class of travel, passenger type, dates and times of travel.
Bookings are subject to availability and applicable airline and hotel booking policies. In the event of any conflict between the supplier’s booking policies and GEMS Rewards Travel Terms and Conditions, the booking policy of the supplier/ airline /hotel will apply.
GEMS Rewards reserves the right to change the pricing and minimum spend required for travel rewards at any time without prior notice.
Travel rewards can be booked for members themselves or for anyone else they choose, provided the traveler/s have the relevant documentation and identification to utilize the booking. Once a booking is made with a registered name, the traveler’s name cannot be changed.
Age classification for flight, hotel and car rental bookings is determined by the age of the traveler at the end of the travel period.
Dates for all travel bookings must be confirmed at the time of booking. Travel bookings cannot be held.
GEMS Rewards has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond suppliers' direct control.
It is the responsibility of the GEMS Rewards member to review airline baggage allowances, any travel restrictions, warnings, announcements and advisories, prior to making travel arrangements to international destinations.
It is the responsibility of the GEMS Rewards member to obtain any required visas for entry to the country of destination or connecting destinations by contacting the respective embassy directly. Visa requirements will not be communicated by GEMS Rewards.
By offering GEMS Rewards Travel offering to destinations, GEMS Rewards does not represent or warrant any travel as advisable or without risk, and as such are not liable for damages or losses that may result from travel to such destinations.
Refunds can only be credited to the original payment card used. Refunds will be processed within 14 days (or as applicable by the airline or hotel operator) of the applicable cancellation fees being paid by the airline/hotel or supplier.
Refunds are not available for partially used flight booking tickets, hotel stays.
For bookings made using GEMS Rewards that have subsequently expired, the expired Rewards will be forfeited and not credited back in the event of a cancellation.
Failure to travel or cancel travel bookings within the required timeframe will result in the travel booking being forfeited. Forfeited travel bookings are no longer valid and are non-refundable. The responsibility lies entirely on the member.
GEMS Rewards has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure.
The airlines, hotels and car rental companies and other reward suppliers providing travel or other services are independent contractors and not agents or employees of GEMS Rewards
GEMS Rewards accepts no responsibility for any loss from or related to travel cancellation or delay, loss or damage to luggage or other property, personal accident or sickness suffered while travelling, refund charges or any other circumstances arising from the purchase of travel products from GEMS Rewards platform.
GEMS Rewards is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any suppliers
Flight bookings are subject to airline seat availability and applicable fare rules and any applicable surcharges or service fees levied by the operator
Flight reward prices apply for the whole flight ticket and include the airfare, airport taxes (where such taxes are payable at the point of payment), duties and charges (including government and other taxes). They do not include the airport taxes that are payable upon departure or arrival directly at certain airports.
Flight bookings are non-transferable.
In some cases, flight bookings are eligible to collect airline frequent flyer Program points. It is the passengers’ responsibility to contact the airline directly to inquire about eligibility and ensure frequent flyer points are collected from eligible and participating airlines.
For flight bookings, date changes, airport changes, re-routing and ticket upgrades are permitted based on airline terms & conditions. The applicable airline fees and related service fees are payable by a payment card using the payment gateway available on the mobile app.
When making a flight reward booking, the name(s) provided at the time of booking must be the full name of the person(s) travelling, as it appears on their passport.
Proof of identity will be required at check-in.
Electronic tickets will be issued and sent to the members registered email address and to the alternate email address specified in the booking (if any)
GEMS Rewards is not responsible for the fulfillment of special requests (e.g. meal choices, seat allocation, special assistance). The member will need to contact the airline directly for all special requests.
It is the members' responsibility to check for updates regarding any changes in flight timings. GEMS Rewards and its travel supplier cannot be held responsible for communicating any updates related to flight bookings.
Hotel bookings are subject to the terms and conditions imposed by the hotel.
Hotel booking prices apply for the room stay only unless specified otherwise at the time of booking. All additional charges are the liability of the primary/lead guest and payable to the hotel directly.
Hotel bookings must be booked in the name of the primary/lead guest who should be at least 18 years of age at the time of check-in or as per the hotel policy.
Hotel bookings are non-transferable.
A deposit payment may be required by the hotel at the time of check-in. The hotel depending on the applicable room rate and the duration of the stay will determine the amount. The deposit payment can be made via credit card or in cash.
Expenses incurred during the hotel stay such as telephone charges, pay television, meals (unless specified), laundry, room service, mini bar, tips etc. are additional costs which must be paid directly to the hotel at the time of check-out.
Check-in and check-out times are as per the hotel terms and conditions.
In some cases, hotel bookings are eligible to collect hotel loyalty Program points. It is the members' responsibility to contact the hotel directly to inquire about eligibility and ensure loyalty points are collected from eligible and participating hotels.
After the hotel booking has been confirmed changes or cancellations can only be made if permitted within the hotel rules of the booking and charges will apply, payable by a Visa or MasterCard credit card only.
For some hotel suppliers, an amendment request may require a cancellation of the original booking and submitting an entirely new online booking by the member. In these circumstances, rates and room availability will be subject to hotel inventory rules applicable for the period. Best efforts will be made to secure same rates, but this cannot be guaranteed.
Valid photo identification will be required at the time of check-in for each occupant of a hotel room booking.
Hotel booking confirmation and voucher will be issued and sent to the member's registered email address and to the alternate email address specified in the booking (if any)
Special requests (e.g. bed type, honeymoon/anniversary, room location, early check-in, late check-out etc.) should be requested with the hotel directly and are subject to availability at the time of check in and at the hotel discretion. GEMS Rewards and/or the hotel cannot confirm these concessions at the time of booking.
Amendments and cancellations can only be made if permitted within the terms and conditions of the travel booking from the airline, hotel provider.
Fare rules should be checked at the time of booking. Please refer to the full terms and conditions of the airline which can be found on the airline’s website.
Amendments and cancellations could be done by contacting GEMS Rewards Customer Service Center, between 10am and 6pm UAE time, SUN to THR with at least 48 hours prior to travel or hotel check in. We will make every effort to accommodate the request, however the confirmations and relevant charges if any will be provided by the operator i.e. airline or hotel.
If amendments or cancellations are made directly with the airline, hotel provider or car rental provider, GEMS Rewards will be unable to subsequently change, cancel or refund your booking.
Refunds can only be credited to the original payment card used. Refunds will be processed within 14 days ( or as applicable as per terms and conditions of the supplier) of the applicable cancellation fees being paid.
Any amendment or cancellation fees imposed by the flight or hotel provider must be paid by a valid payment card using the payment gateway on the GEMS Rewards App.
In the event of any permitted cancellations, all applicable cancellation fees must be paid with a payment card prior to any refund being provided.
For bookings made using GEMS Reward points that have subsequently expired, the expired Rewards will be forfeited and not credited back in the event of a cancellation.
Failure to travel or cancel a travel reward booking within the required timeframe will result in the travel booking being forfeited. Forfeited travel bookings are no longer valid and are non-refundable.
Refunds are not available for partially used flight booking tickets or hotel stays.
The barter, trade, sale, purchase or transfer for compensation of any GEMS REWARDS product or any of its Offers or contents by any person or entity, including but not limited to, travel services, travel providers, and distributors of the product or any of its Offers, is strictly prohibited, unless expressly authorized by GEMS REWARDS. The product and its Offers and other content are intended for the non-profit use of the individual purchaser of the Offers. Additionally, the use of the product or any of its Offers for advertising purposes is strictly prohibited. Any use of the Offers in violation of these Rules will render the Offers void, and GEMS REWARDS will avail itself of any and all legal remedies available to it. Offers may not be reproduced and are void where prohibited or restricted by law. GEMS REWARDS will not be responsible for the closing down or refusal of any merchant to accept GEMS REWARDS vouchers; however, GEMS will use reasonable efforts to rectify the situation, to the extent possible. GEMS REWARDS will not be responsible in the event that acts of God, fire casualties, illness, injuries or other events beyond its control, prevent the member from using any Offer.
Copyright in the text, images, photographs, graphics, layout and design of GEMS REWARDS products are protected by local and International copyright laws. Copyright in all GEMS REWARDS products and in the text, index, rules of use, offers, layout and other copyrights works contained in each GEMS REWARDS product, is owned by GEMS REWARDS, or used with permission. No part of any GEMS REWARDS product may be reproduced in any form (including by electronic or mechanical means, photocopying, recording, or information storage and retrieval) without the written permission of the publisher. The GEMS REWARDS wordmark and logo are the trademarks and/or registered trademarks of GEMS REWARDS. Other trademarks, artwork, copy and/or translations of copy appearing in this publication are used with permission of their respective licensed owners.
Last Modified: November 1, 2019.
This End User License Agreement (this "Agreement") is a binding agreement between you, as an individual or entity ("End User" or "you"), and “Premier Schools International LLC” (Trading as “GEMS Education”), referred to as (the "Company").This Agreement governs your use of the Company's applications for Android, iOS or other mobile platforms (collectively, including all related documentation, the "Application"). The Application is licensed, not sold, to you.
BY DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE
The Application requires an Android device with a minimum of 1GB of memory and the Android operating system Gingerbread(2.3) or higher. Or an iPhone device with a minimum of 16GB of memory and the iOS operating system of iOS 8.0 or higher.
- License Grant. Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive and nontransferable license to:
(a) download, install and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and
- License Restrictions. Licensee shall not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
- Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. The Company reserves and shall retain its entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Restricted Section You acknowledge that the Application may include, refer to, or contain content, features, products or services which make reference to alcohol. Such parts of the Application are intended for the use of only specified persons ("Restricted Section"). The Restricted Section is intended for use by you only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Application. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in the country from which you are accessing the Application and you are therefore not permitted to access the Restricted Section. You expressly acknowledge and agree that any use of the Restricted Section in breach of the applicable laws or regulations in your country of residence or in the country from which you are accessing the Application will be at your sole risk and in no event, will the Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising for or related to such use, whatsoever
- Updates. The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
- Third Party Materials. The Application may display, include or make available third-party content, products or services (including but not limited to data, information, applications and other products, and/or materials) or provide links to third-party applications, websites, products or services, including but not limited to through third-party advertising (collectively, "Third Party Materials"). You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not endorse these Third-Party Materials or in any other way assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
- Term and Termination. (a) The term of the Agreement commences when you download the Application and will continue in effect until terminated by you or the Company as set forth in this Section 9. (b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. (c) The Company may terminate this Agreement at any time without notice if it ceases to support the Application, which the Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. (d) Upon termination:
1. all rights granted to you under this Agreement will also terminate; and
2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
(e) Termination will not limit any of the Company's rights or remedies at law or in equity.
- Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND THIRD PARTY MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OR THIRD-PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Indemnification. You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or the Third Party Materials or your breach of this Agreement. Furthermore, you agree that the Company assumes no responsibility for the content you submit or make available through this Application.
- Export Regulation. The Application may be subject to certain export control laws. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
- Transfer. The Company may transfer its rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing
- Changes to this Agreement. The Company may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the Application. If you do not accept the notified changes you may not be permitted to continue to use the Application.