Website User and Member Agreement
"Site" means the www.eismartmiles.ae website and its related partner websites. By accessing or using this Site, the Cardholder agrees to be bound by and accept without limitation or qualification the following terms and conditions ("Terms and Conditions"). For the sake of clarity "Cardholder" means a person who holds Emirates Islamic Bank PJSC ("EI") valid Flex cards.
1. USER REPRESENTATIONS:
The Cardholder represents and warrants that it is at least 21 years of age and that it possesses the legal right and ability to enter into this Agreement and to use the Site and partner websites in accordance with these Terms and Conditions.
2. RESTRICTIONS ON USE:
The Cardholder agrees to use the Site solely for its own personal and non-commercial use. Further, the Cardholder agree not to (a) interrupt or attempt to interrupt the operation of the Site in any way, or use the Site in a manner that adversely affects the availability of its resources to other users. (b) Use the Site for any illegal purpose or in any manner that is inconsistent with these Terms and Conditions or (c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from, the Site.
3. USER'S AGREEMENT:
The Cardholder agrees: (a) to maintain all equipment required for its access to and use of the Site (b) to maintain the security of its user identification, password and other confidential information relating to its EI account ("Account") (c) to be responsible for all consequences resulting from use of its Account, use of its Account by others (including minors) or unauthorized use (d) to notify EI immediately if users become aware of any unauthorized use of its Account and (e) that each username and password must be used by a single user and are not transferable.
EI reserves the right to modify this Agreement from time to time. Such modifications will be effective immediately upon notification on this Site. The Cardholder's continued use of the Site, or any of the materials contained on the Site, following such notification will be deemed its conclusive acceptance of the modified Terms and Conditions.
5. EMAIL POLICY:
It is assumed upon signing up that the Cardholder is willing to receive emails from EI via, www.eismartmiles.ae for the confirmation and the registration of EI's products and for receiving information on products via EI's newsletter. Emails are essential for confirmation and reservation and will not be sent unless the Cardholder consents to receiving such email.
6. FEES AND CHARGES:
It is a condition of use that businesses will not charge the Cardholder any additional fees or charges when the Cardholder registers for a product and it is released other than those fees and charges that would normally be charged in the provision of their services.
You have no rights or licenses in or to use the Site and materials contained on the Site other than the limited right to use the Site in accordance with these Terms and Conditions. The Cardholder shall not copy, display, modify, create derivative works of, publish, or sell EI's content or any information, software, or services provided by EI. EI may modify the Site content from time to time in its sole discretion. Except as expressly set forth herein, no license is granted to user for any other purpose, and any other use of the service or the Site content by the Cardholder shall constitute a material breach of this Agreement. In the event that the Cardholder chooses to download content from the Site, the Cardholder must do so in accordance with these Terms and Conditions. Such download is licensed to the Cardholder by EI only for its own personal, non-commercial use in accordance with the Terms and Conditions and does not transfer any other rights to the Cardholder. Nothing in this Agreement shall affect any rights of EI or its licensors in the service or the Site content, and any associated patents, trademarks, copyrights, designs, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of EI or any third party is granted under this Agreement.
All material on this Site (collectively "Copyright Material") is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site, and is protected under the law.
9. TRADE MARKS:
The trademarks and logos displayed on the Site (collectively the "Trade Marks") are trademarks of EI and/or its affiliates, unless otherwise specified. The businesses promoted on the site provide their own logos and graphics from time to time and they warrant owning the copyright to display these images on our site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Trade Marks displayed on the Site without the express written permission of EI or such other third party owner. The Cardholder must retain, on all copies of material downloaded from this Site, all copyright and other proprietary notices contained in the material. The use of Copyright Material and/or Trade Marks by you, or anyone authorized by the Cardholder, is prohibited unless expressly permitted by these Terms and Conditions, or express permission is provided elsewhere on the Site or EI provides express permission. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy, and civil and criminal statutes.
This Site may contain links to other websites EI is not responsible for and does not control the content of any website linked to or from the Site. Any links to other websites are for the Cardholder's convenience only and EI makes no warranty or representation regarding and, unless expressly stated by EI on the Site, does not endorse the owner/sponsor and the content of any linked websites. EI disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such websites. EI neither warrants nor represents that a user's use of any materials on linked websites will not infringe rights of third parties not owned by or affiliated with EI.
11. NO WARRANTIES:
EI assumes no responsibility, and will not be liable for any damages to or viruses that may infect your computer equipment or other property due to the Cardholder accessing and/or use of the Site or any linked websites, or your downloading any materials, data, text, images, video or audio from the Site or any linked websites. EI assumes no responsibility for computer systems, hardware, software or program malfunctions or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information. EI reserves the right, in its sole discretion, to cancel or suspend this program should any virus, bugs, or other causes beyond EI's control which corrupt the administration, security or proper function of this Site. The material on this Site may contain inaccuracies and typographical errors. EI does not warrant the accuracy or completeness of the material or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. The Cardholder acknowledges that any reliance on any such opinion, advice, statement, memorandum or information will be at its own risk.
12. REVIEW OF POSTINGS & UPLOADS:
The Cardholder may send and receive electronic mail ("email"), and otherwise use this Site as permitted by this Agreement, the operating policies of EI and applicable law. The Cardholder's participation in on-line communications and communities occurs in real time and is not edited, censored, or otherwise controlled by EI. EI does not and cannot review all communications and materials posted or uploaded to the Site and are not responsible or liable for the content of these communications and materials, nor for an error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication or materials. EI reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, or other intellectual property right of another (d) is to encourage conduct that would be considered a criminal offence or give rise to civil liability or otherwise violate any law (e) offensive or otherwise unacceptable; or (f) determines to be harmful, offensive or otherwise in violation of this Agreement or the operating policies of EI for its users. EI will fully cooperate with any law enforcement authorities or court order requesting or directing EI to disclose the identity of anyone posting such communications or materials. Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors, and do not necessarily reflect those of EI
13. REGISTRATION/ ACTIVATION:
In order for users to be able to access the services offered by EI at the Site, users must register by completing their registration details in the manner described at the Site. EI reserves the right to terminate the Cardholder's memberships at any time if the Cardholder breaches these Terms and Conditions. The Cardholder agrees to ensure that its registration details are true and accurate at all times. Specifically, users must notify EI of any change to its registration details. Upon registration, users will need to provide a login id and password.
14. TERM AND TERMINATION:
Either the Cardholder or EI may terminate the Cardholder's right to use the Site at any time, with or without cause, upon notice. The clauses will survive any termination of this Agreement.
EI and its associated agencies are not liable for any loss, damage, personal injury or death whatsoever (including, but not limited to, direct, indirect or consequential losses) suffered or sustained in connection with: (i) any inaccurate or incorrect information provided by the Cardholder; (ii) any use of the Site or EI content; or (iii) any use of the services offered or products provided by EI or its associated agencies; or (iv) any act or omission (whether negligent or not) of EI and its associated agencies or any person associated with any of them; or (v) any failure or delay (including, but not limited to, the use of inability to use any component of the service or the Site for reservations); or (vi) the performance or non-performance of any merchant in connection with EI's service, except for any liability which cannot be excluded by law.
16. LIABILITY RELEASE AND INDEMNIFICATION:
The Cardholder hereby releases and discharges and agrees to indemnify: a) EI and any related body corporate, b) EI's organizers, directors, officers, employees and agents; and c) the other participants and/or users ("Released Parties"), for any personal injury, illness or death, claims, liabilities or expenses of any kind, including reasonable attorney's fees (and whether accruing to the Cardholder, its heirs or personal representatives) that are caused or alleged to be caused in whole or in part by reason of an act or omission of any Released Party that arises out of or in connection with its use of the Site, or resulting from any violation of this agreement or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by it or any other person accessing the Site using its service account. In no event will EI's total liability to the Cardholder for all actual damages, losses, causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by the Cardholder, if any, for accessing this Site.
17. THIRD-PARTY RIGHTS:
The foregoing provisions regarding Indemnification and Waiver, Release and Limitation of Liability are for the benefit of EI and its officers, directors, employees, agents, licensors, suppliers and information providers. Each of these individuals or entities has the right to assert and enforce those provisions directly against the Cardholder on its own behalf.
18. Governing Law and Jurisdiction
The laws of United Arab Emirates govern these Terms, Conditions, any dispute arise out of or in connection with the Terms, and Conditions shall be referred to the exclusive jurisdiction of Dubai courts to the extent that such laws do not conflict with the principles and rules of Shari'a.