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Things our lawyer makes us say, and you must agree to before
joining. Contact us if you have questions.
This Agreement is a legal document which sets out your rights and obligations,
and those of SmileMiles Limited, (“SmileMiles”, "we" or "us"), a company
registered in England under registration no. 4742290, in relation to this site
and the services offered by SmileMiles through it (which we call “SmileMiles”
or the "SmileMiles Service").
You must read and understand this document prior to registering for the
SmileMiles Service. By registering, you agree to be bound by the terms
contained within this Agreement, and you re-affirm that agreement every time
you use the site. Visitors to SmileMiles who do not register to become a Member
(see 2 below) similarly affirm that they are bound by this Agreement each time
they access the SmileMiles Service. You should be aware that this Agreement may
change from time to time in accordance with Clause 23 below.
If you have any questions relating to this Agreement, we may be contacted via
any of the methods outlined on the Contact Us
page.
Visitors to the SmileMiles web site can learn about the SmileMiles Service.
Visitors who register for the SmileMiles Service become "Members". The
Membership consists of those visitors, over 18, who decide to pay the fee for a
full annual membership (which we call "Full Members"), those who do not ("Trial
Members"), and those under 18 years of age (“Junior Associate Members”). Each
Trial or Full member must designate at least one Junior Associate Member to be
the recipient of a SmileMiles account. Trial or Full Members must be at least
18 years of age.
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As well as being able to browse the main SmileMiles Website, Trial Members may:
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receive a free trial account for 15 days, together with a Junior Associate
Member account;
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use the SmileMiles Service at their own discretion, as defined in “The Game”
page; and elsewhere within the site
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receive emailed messages, which will be sent to the email address contained in
“Account Details” (which are provided during Registration and may be updated
subsequently), notifying of account usage and expiry;
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receive a monthly SmileMiles newsletter and minimal account advisory mail by
email or by SmileEmail within the SmileMiles account;
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send SmileEmail to a Junior Associate Member or members;
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receive SmileEmail messages from a Junior Associate Member or members;
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view the web pages created by their Junior Associate Members;
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upload a family photo to the web site and;
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browse additional areas of the website.
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Full Members may, for the duration of their membership, continue to use the
SmileMiles Service. In addition to the facilities available to Trial Members,
Full Members may:
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Entirely at their own discretion, enable publication of web pages created by
their Junior Associate Members;
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post to any message boards or forum which may be available on the SmileMiles
Service;
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print SmileMiles account histories and blank charts;
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enter any competitions and lotteries for non-financial rewards, and;
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if they take the Family subscription, create up to three additional Junior
Associate Member Smilemiles accounts.
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Junior Associate Members may
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be invited by a Full or Trial Member to use the SmileMiles service as described
in “The Game” or elsewhere within the site;
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invite their parents or carers to join as Trial or Full members, but may not
use the SmileMiles Service until it is enabled by a Trial or Full Member;
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view and print their SmileMiles accounts;
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send messages to the Full or Trial member using email or SmileEmail;
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enter any competitions and lotteries for non-financial rewards;
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manage their Wish List (“My WishList”) and;
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create and maintain their own web page, including diary entries (“SmileDiary”),
pictures or photos (“SmilePix”), and Achievements.
You are encouraged to take advantage of the free 15 day Trial Membership.
If you decide to become a Full Member, and pay the Full Membership fee, whether
Single or Family, you are agreeing to take the Full Membership we provide to
you soon after that fee is paid, and with full understanding of the service and
fee involved. You therefore do not have the right to cancel your Full
Membership during the cooling-off period, which is provided for certain
purchases under the European Directive 97/7/EC and UK Consumer Protection
(Distance Selling) Regulations 2000.
Your Full Membership will last for twelve months. If you wish to continue with
Full Membership after the expiry of that twelve-month period, you will be
invited to do so, at our then-current terms and prices. While we prefer not to
increase prices, we reserve the right to change the amount of the fee we charge
for Full Membership, the period that it covers, the services that it enables
you to use and other factors including charitable donations (see clause 6) from
time to time. These changes will not affect your current Full Membership until
its expiry, however, unless they are changes caused by violation of our
acceptable use policy (see clause 9 below),
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Except where any promotional reduction applies - which we will advise - our
current Membership fees are priced in UK Pounds at:
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£3.99 for a Single Subscription, entitling the member to use SmileMiles along
with one Junior Associate member;
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£6.99 for a Family Subscription, entitling the member to add up to four
Junior Associate Member accounts and;
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£6.99 for an Upgrade to Family Subscription, if taken in the first six months,
enabling a Single Member to upgrade their account to a Family Subscription.
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There is no option to downgrade from a Family Subscription to a Single
Subscription, except at the point of annual renewal.
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The price charged for any service may differ from one country to another. You
may not be entitled to the lowest price unless you reside in the qualifying
country.
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Prices are inclusive of any applicable value added tax or other sales tax, in
particular, prices including VAT charged in the EU zone at a maximum rate of
17.5%.
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Banking charges by the receiving bank on payments to us will be borne by us.
Any other charges relating to payment in a currency other than pounds Sterling
will be borne by you.
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Any details given by us in relation to exchange rates are approximate only and
may vary from time to time.
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You acknowledge that we are entitled to alter the amount or the basis of the
calculation of our fees from time to time, as well as charitable donations (see
clause 6), provided that such amount or basis is clearly stated at the time
when you agree to take the relevant SmileMiles Service.
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Fees paid by a Full Member are non-refundable, unless the SmileMiles Service
for which the Full Member has subscribed is completely withdrawn from that Full
Member by us other than in circumstances permitted under this Agreement.
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We reserve the right to improve existing services, or add new ones, from time
to time.
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You must register for the SmileMiles Service using accurate and current
information about yourself – including your correct name, and any other
requested details. If you are asked for, and provide, details of a credit,
debit or charge card; in that event, you must ensure that
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you are fully entitled to use that card, and
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it has available funds sufficient to cover the charges which are deducted from
it.
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As part of the registration process for the SmileMiles Service, you will
receive a verification email, the purpose of which is to take reasonable steps
to ensure that the email address you have nominated during registration is in
fact controlled by you. That email contains simple instructions which you must
follow, including a link to these terms and conditions.
An important part of the SmileMiles ethos is charitable giving, especially to
Children’s charities. The membership fee includes a “donation amount” which
will be donated to registered charities whose details you will find on the
Charity Page and immediately before you pay the membership fee. On the site, we
provide details of a number of charities that are already deemed eligible for
charitable giving from SmileMiles. In addition to these “global” charities,
Members have the opportunity to select a school local to them, to receive the
payment. Such charities may be associated with the member’s local school or
other children’s organisation. Our planned giving is subject to the following
rules:
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The planned donation amount will be not less than £1 from each Single or
Upgrade Subscription, or £1.50 from each Family Subscription.
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In order to maximise charitable donations, SmileMiles will not take advantage
of any available tax refunds.
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We reserve the right to increase the planned donation amount at any time
without notice.
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The donation may be made on your preference through use of the charity payment
form that you are asked to complete shortly before you pay the membership fee.
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If you supply invalid or incomplete charity details (name, address, zip/post
code etc.), then we will make a donation to one of the named global charities
on your behalf, entirely at our discretion.
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The donation will be paid to the selected charity or school on designated
Charity Giving Days, but not less than 30 days following your payment of the
subscription.
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We reserve the right to change named charities at any time without notice, but
we make every effort to ensure that the selected charities are recognised and
registered.
The SmileMiles Privacy Policy forms
part of this Agreement, and by agreeing to this Agreement, you also consent to
the way we handle your personal data in that policy.
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We do not provide Internet access services. To use the SmileMiles Service, you
must have Internet access, the software, and the skills required for email and
web usage.
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We are happy to answer any questions you may have regarding the service, but
request that you make use of the Frequently Asked Questions (FAQ) page before
submitting your query.
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SmileMiles reserves the right to withdraw or modify one or more aspects of the
SmileMiles Service where we have legal or technical reasons to do so (including
technical difficulties experienced by SmileMiles or on the Internet).
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There may also be times when the SmileMiles Service becomes unavailable, on a
scheduled or unscheduled basis. If it is necessary for us to interrupt the
Services then in extreme cases, we may do so without telling you first. You
acknowledge that the Services may also be interrupted for reasons beyond our
control.
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You agree that we are not liable to you for any loss whether foreseeable or
not, arising as a result of interruption to the Services.
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For security or other reasons, we may require you to change password or other
information which facilitates access to the SmileMiles Service.
You agree to comply with these provisions:
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You will not use or allow anyone else to use the Web Site to post or otherwise
publish:
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any material promoting discrimination or animosity to any person on grounds of
gender, race or colour;
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pornographic material;
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any material which violates the law of any established jurisdiction;
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copyright works;
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commercial audio, video or music files;
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unlicensed software;
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material which assists in or promotes: emulators, phreaking, hacking, password
cracking, IP spoofing or;
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links to any of the material specified in this paragraph
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You will not use the Services for spamming. Spamming includes, but is not
limited to:
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the bulk sending of unsolicited messages, or the sending of unsolicited emails
which provoke complaints from recipients;
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the sending of junk mail;
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the use of distribution lists that include people who have not given specific
permission to be included in such distribution process;
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excessive and repeated posting off-topic messages to newsgroups;
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excessive and repeated cross-posting;
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email harassment of another SmileMiles or Internet user, including but not
limited to, transmitting any threatening, libellous or obscene material, or
material of any nature which could be deemed to be offensive;
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the emailing of age inappropriate communications or content to anyone under the
age of 18.
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You will not use the Services in a manner which violates any city, local,
state, national or international law or regulation, or which fails to comply
with accepted Internet protocol. You will not attempt to interfere in any way
with our networks or network security, or attempt to use the Services to gain
unauthorized access to any other computer system.
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You must immediately notify us of any security breach in, or unauthorised use
of, your account. You will not interfere in any way with another Users use of
the Services. You will not resell, rent, lease, grant a security interest in,
or make commercial use of the Services without our express written consent.
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You agree not to assign, transfer, or authorise any other person to use, your
membership. If you try to do so, we have the right to terminate your
membership.
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You are responsible for all actions carried out in your account on or through
the SmileMiles Services while your Membership account is logged on, or through
your email address(es). We reserve the right
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to suspend or terminate any Member’s access to the SmileMiles Service, or parts
of it, and/or
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require the Member to edit material posted on the SmileMiles Service, if the
relevant Member or material appears to us to be in breach of any provision of
this Agreement.
Any person whose access has been suspended or terminated must not re-register
for, or re-access, the SmileMiles Service without our prior consent.
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You agree that you will not, and will not allow any other person to, violate or
attempt to violate any aspect of the security of the SmileMiles Installation.
You agree that you will, in no way, modify, reverse engineer, disassemble,
decompile, copy, or cause damage or unintended effect to any portion of the Web
Site, or any software used on the Web Site, and that you will not permit any
other person to do so. You understand that any such violation is unlawful in
many jurisdictions and that any contravention of law may result in criminal
prosecution. Examples of such violations are:
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accessing data unlawfully or without consent;
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attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures;
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attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing" or
"crashing";
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forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting;
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taking any action in order to obtain services to which you are not entitled.
You are responsible for ensuring that no material you post, or which is posted
through a machine on which you access the SmileMiles Service, nor any activity
or communication you make in connection with any SmileMiles Service, will be
capable of:
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being or appearing to be offensive, threatening, obscene, pornographic, false,
unreliable or misleading,
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breaching any applicable law, whether criminal, tortious or otherwise, or
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infringing the intellectual property or other rights of any person or entity .
If you see anything on the SmileMiles Service which appears to infringe this
Agreement, then please contact us to inform us of it. We do not generally
monitor material contributed by Members, and so we are reliant upon members to
point out any which infringes this Agreement.
You acknowledge that we are entitled to withdraw any material on the SmileMiles
Service which appears to be capable of breaching any part of this Agreement, or
to bring the SmileMiles Service into disrepute. However, you also acknowledge
that we do not monitor material which appears on the SmileMiles Service, and
that we are reliant upon you and all members to notify us of anything you see
here which appears likely to breach this Agreement, through the contact methods
displayed on the site.
SmileMiles has no control over, or responsibility for, the truth or accuracy of
any material available on the SmileMiles Service, other than these terms and
conditions and the associated privacy policy.
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Much of the material provided on the Web Site is Posted (and thereby published)
by Members. We are under no obligation to monitor, vet, check or approve any
such material. We disclaim all responsibility for information published on the
Web Site by any person.
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The SmileMiles Service contains links to other Internet web sites. While
reasonable efforts are made to ensure the appropriateness of each link, this
does not mean that we endorse or have any responsibility for the site in
question or anything which appears on it.
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We have neither power nor control over any other web site. You acknowledge and
agree that we shall not be liable in any way for the content of any such linked
web site, nor for any loss or damage arising from your use of any such web
site.
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You should exercise no lesser degree of caution in appraising what you see on
the SmileMiles Service than you do offline.
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Even though Members are prohibited from doing so, they may provide information,
or otherwise behave, in a way that is unreliable, misleading or even illegal.
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Your use of the SmileMiles Service is entirely at your own risk.
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You are advised that content may include technical inaccuracies or
typographical errors.
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We constantly strive to improve the product. Accordingly, we may make
improvements or changes to the content of the Web Site, or to any of the
products and services described on the Web Site, at any time and without notice
to you.
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We give no warranty and make no representation, express or implied, as to:
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the truth of any information given on the Web Site by any Associate or third
party;
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any implied warranty or condition as to merchantability or fitness for a
particular purpose;
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compliance with any law;
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non-infringement of any right.
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In no event shall we or our content suppliers be liable for any special,
indirect or consequential damages or any damages whatsoever resulting from loss
of use, loss of data or loss of revenues or profits, whether in an action of
contract, negligence or otherwise, arising out of or in connection with the use
of the Web Site or the content available from this Web Site.
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These disclaimers form an essential part of this agreement. Each sub paragraph
in this agreement is independent and severable from each other paragraph and
enforceable accordingly. If any restriction is unenforceable for any reason but
would be enforceable if part of the wording were deleted, it will apply with
such minimal deletions as may be necessary to make it valid and enforceable.
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If you understand that last paragraph first time around, you really should
consider a career in law.
Your use of the Services is without any warranty or guarantee. Accordingly, as
far as the law permits, you agree to indemnify us against any claim or demand,
including reasonable lawyers’ fees, made by any third party due to or arising
out of your use of the Services, any breach or violation of this Agreement by
you, or the infringement by you, or by any other user of the Services using
your computer, of any intellectual property or other right of any person or
entity, or as a result of any threatening, libellous, obscene, harassing or
offensive material contained in any of your communications.
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By submitting any materials to the SmileMiles Service, including but not
limited to any digital photos or text of any kind and in any form or format,
you are representing that you are fully entitled to do so.
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You acknowledge that all copyright, trademarks, and other intellectual property
rights in and relating to the SmileMiles Service are owned by SmileMiles.
Therefore, no one may copy, distribute, show in public or create any derivative
work from the SmileMiles Service, or any of the material which is found on the
SmileMiles Service unless properly licensed to do so by us.
We will not be liable to you or any third party for any indirect or
consequential loss or damage, or for any loss of data, profit, revenue or
business, howsoever caused (whether arising out of any negligence or breach of
this Agreement or otherwise). SmileMiles will also not be liable for any
failure to perform its obligations under this Agreement caused by matters
beyond its reasonable control.
Without limiting the preceding Clause, during any period of twelve months, the
aggregate liability of SmileMiles under this Agreement (whether arising in
negligence or otherwise) will not under any circumstances exceed the greater of
(a) £8.50, or (b) an amount equal to the sums paid by you to us by way of Full
Membership fees during the relevant period of twelve months, regardless of the
cause or form of action.
Nothing in this Agreement limits SmileMiles liability for death or personal
injury resulting from our negligence, or any other liability which may not by
law be excluded. Any statutory rights you may have as a consumer remain
unaffected.
We reserve the right to assign this Agreement, and to assign or subcontract any
or all of our rights and obligations under this Agreement. You may not without
the written consent of SmileMiles Ltd., assign or dispose of this Agreement.
This Agreement includes our privacy policy. Together they contain the whole of
the agreement between us and you concerning the SmileMiles Service, and they
replace all earlier agreements and understandings with you, except for any
fraud or fraudulent representation by either of us. A person who is not a party
to this Agreement has no right under the Contracts (Rights of Third Parties)
Act 1999 to rely upon or enforce any term of this Agreement.
SmileMiles reserves the right to change this Agreement from time to time, and
post the new version on the SmileMiles Service. When we do so, we will notify
you of the fact that there are changed terms on the main screen
(www.SmileMiles.com), and the new version of these terms and conditions will
take effect, and will govern all SmileMiles Services and your relationship with
SmileMiles:
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immediately upon the date of posting (or such later date as SmileMiles
indicates in the relevant posting), if the changes are not to service
provisions, or not capable of adversely affecting you - examples of which would
include, without limitation, changes to one or more of SmileMiles’ addresses or
email addresses referred to in this Agreement or b
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at the time of your membership renewal (or such later date as SmileMiles
indicates in the relevant posting), if any of the changes is to an operative
provision of this Agreement which is capable of adversely affecting you; if you
do not wish to be governed by the new version of the Agreement, you may notify
us on or before the date when the new version of the Agreement is to take
effect, and from that date you may cease to use the SmileMiles Service.
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You may terminate this Agreement at any time, for any reason, with immediate
effect. You may terminate the agreement either by sending notice to us by post
or email, or by completing the form on the Web Site and submitting it. We
reserve the right to verify the validity of any request to terminate
membership.
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We may terminate this Agreement at any time, for any reason, with immediate
effect by sending you notice to that effect by post or email.
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in the event of such termination by us, we will within fourteen days refund to
you the balance of your subscription outstanding for any Service, pro rata with
time not elapsed;
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Termination by either party shall have the following effects:
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your right to use the Services immediately ceases;
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we are under no obligation to forward any unread or unsent messages, or any
data posted by you, to you or any third party
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there shall be no reimbursement or credit if the Service is terminated due to
your violation of the terms of this agreement;
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we retain the right, at our sole discretion, to terminate any and all parts of
the Services provided to you, without refunding to you any fees paid if we
decide in our absolute discretion that you have failed to comply with any of
the terms of this agreement.
If any of these terms is at any time held by any jurisdiction to be void,
invalid or unenforceable, then it shall be treated as changed or reduced, only
to the extent minimally necessary to bring it within the laws of that
jurisdiction and to prevent it from being void and it shall be binding in that
changed or reduced form. The remainder of the Agreement shall remain valid and
enforceable at all times. Subject to that, each provision shall be interpreted
as severable and shall not in any way affect any other of these terms.
No waiver by us, in exercising any right shall operate as a waiver of any other
right or of that same right at a future time; nor shall any delay in exercise
of any power or right be interpreted as a waiver.
You and we agree that any cause of action arising out of or related to the
Services must commence within one year after the cause of action arose;
otherwise, such cause of action is permanently barred.
This Agreement shall be governed by and construed in accordance with the laws of
England and Wales .
You can contact us by using the feedback
form on the SmileMiles site. If you wish to pay by cheque please make it
payable to SmileMiles Limited and send it to SmileMiles Limited, 23 Grovelands Road,
London N13 4WX . Please make sure you include your email address with all
correspondence.
Copyright SmileMiles Limited 2003-2004. All site material is owned by SmileMiles
Limited and should not be used without prior permission. Any views expressed in
message boards and any members web pages represent the opinions of the author,
and do not represent the opinions of SmileMiles Limited
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Considering the real-time nature of this message board, it is impossible for us
to review messages or confirm the validity of information posted. Please
remember that we do not actively monitor the contents of posted messages and
are not responsible for any messages posted. We do not vouch for or warrant the
accuracy, completeness or usefulness of any message, and are not responsible
for the contents of any message. The messages express the views of the author
of the message, not necessarily the views of SmileMiles or any entity
associated with SmileMiles. Any user who feels that a posted message is
objectionable is encouraged to contact us immediately by email. We have the
ability to remove objectionable messages and we will make every effort to do
so, within a reasonable time frame, if we determine that removal is necessary.
This is a manual process, however, so please realize that we may not be able to
remove or edit particular messages immediately. You agree, through your use of
this service, that you will not use SmileMiles to post any material which is
knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful,
harassing, obscene, profane, racist, threatening, invasive of a person's
privacy, or otherwise a violation of any law. You agree not to post any
copyrighted material unless you own the copyrighted material. Although we do
not and cannot review every message posted and are not responsible for the
content of any of these messages, we reserve the right to delete any message
for any reason whatsoever. You remain solely responsible for the content of
your messages, and you agree to indemnify and hold us harmless with respect to
any claim based upon transmission of your message(s). We reserve the right to
reveal your identity (or whatever information we know about you) in the event
of a complaint or legal action arising from any message posted by you.
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