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eMiles General Terms and Conditions

1. Definitions
Terms or expressions used in these terms and conditions are defined as follows, unless the context specifies otherwise:

Programme:

the eMiles loyalty programme which enables Shopper to save and redeem eMiles at one of the Partners of the Programme.

Shopper:

the natural person or legal entity who has become a member of the Programme after applying for a membership and completing the registration process.

Partner:

Any business or other organization, that has enrolled in the Programme and where eMiles can be saved or redeemed.

Charity:

Any charitable institution that has enrolled in the Programme and to which saved eMiles can be donated.

eZorg:

the limited liability company eZorg N.V., established in Curacao registered at the Chamber of Commerce under number 94470.

eMiles Card:

the magnetic swipe card registered in the name of the Shopper.

eMile:

the unit of one (1) eMile that is saved or redeemed though the Programme.

GTC:

the eMiles General Terms and Conditions governing the Programme.

PIN:

the Personal Identification Number provided to Shopper related to the primary eMiles Card.

Promotions:

special offers provided by Vendor that gives Shoppers the opportunity to earn extra eMiles or use additional benefits.

Products:

the products or services sold by the Partners for which eMIles can be saved and/or redeemed.

2. General

2.1 The GTC are applicable to the eMiles Saving Agreement (hereinafter: the Agreement) between eZorg and each individual Shopper. eZorg, acting in good faith, reserves the right to cancel or replace the Programme or transfer the ownership of the Programme and the right to make alterations to or amend the Programme, GTC, eMiles accumulation structure, eMiles redemption structure, participation of any Partner or Charity in the Programme, or Programme procedures at any time and shall not be liable for any damages as a result thereof. Notification of alterations and amendments to these GTC will be issued on the website www.emiles.cw. These GTC and any alterations shall be considered approved if the Shopper uses the eMiles Card, orders or uses in any way an eMile or benefit offered under the Programme after such alteration. If a Shopper does not accept the alteration, the Shopper may terminate the membership as per paragraph 2.2
2.2 Each party may terminate the Agreement in writing at any time. The GTC shall continue to govern implementation even after termination of the Agreement. If the Shopper cancels the Agreement, the Shopper has to return the eMiles Card to eZorg. Upon receipt of the written termination notice of Shopper, the saved eMiles of Shopper will expire.
2.3 eZorg will make reasonable efforts to give Shoppers prior notice of termination of the Programme enabling Shoppers to use the saved eMiles before the termination date. All expired eMiles not timely used by Shopper, shall be donated to a charity to be solely designated by eZorg.
2.4 eZorg shall not guarantee or warrant the actual availability of any Product or Promotion at the Partners. If a Shopper finds that the concerning Product or Promotion is not available at a given moment, it cannot hold eZorg or the Partners liable therefore.
2.5 All Products or Promotions are subject to change and availability and restrictions and/or alterations may apply to be determined by the Partners. Products, Promotions and opportunities to earn eMiles offered to Shoppers are or may be provided by Partners with which eZorg has made arrangements, but over which it has no control. eZorg therefore is not liable for the Products, Promotions or other opportunities set by the Partners to save eMiles.
2.6 Products, Promotions and opportunities to earn and redeem eMiles will be subject to the general terms and conditions of the Partner providing the concerning Products. The Partners are entitled to exclude products from the Programme if obliged thereto by law or ordered by any authorized governmental organization.
2.7 eZorg and its Partners reserve the right to make Promotions available to certain Shoppers based on their Programme activity. Promotions are not valid in combination with other discounts. The Promotion that most benefits the Shopper will be applied.
2.8 The earned eMiles are valid indefinitely provided Shopper uses its eMiles Card at least once every year. eZorg reserves the right to unilaterally terminate the Agreement after a period of one year with no extending activity registered on the Shopper's account. Upon termination all saved eMiles will expire and be donated to a Charity to be solely designated by eZorg. It is Shopper's sole responsibility to check the expiry date of his eMiles.
2.9 A summary of the earned and redeemed eMiles will be sent to Shopper by email after each transaction (save or redeem). eZorg reserves the right to change at any time the intervals at which and the supports on which such summaries are provided. Information in the email is purely indicative and Shopper cannot derive any rights therefrom. The information available at eZorg shall be prima facie evidence of the actual eMiles status of the Shopper.
2.10 In the event of the death or liquidation of a Shopper, the eZorg shall close that Shopper's account upon receipt of the death certificate/extract from the Chamber of Commerce. All saved eMiles will be forfeited upon closure of the account and donated to a Charity to be designated by eZorg.

3. Enrolment

3.1 An account for the Programme can be opened solely by individuals aged 18 years or older who are living in Curacao or by a legal entity or organization established in Curacao. Upon acceptance Shopper will receive a primary eMiles Card.
3.2 If the Shopper wishes to have more than one eMiles Card it can request one or more additional eMiles Cards at the Partner where it opened the account. Shopper can save and redeem eMiles only with the primary eMiles Card. The additional eMiles Cards can only be used to save emiles. The maximum amount of eMiles Cards a Shopper (natural person) can request per eMiles account is four (4). The maximum amount of eMiles Cards a Shopper (legal entity) can request per eMiles account is ten (10). Partners may request a fee per additional card if more than one eMiles Card is requested.
3.3 A Shopper may only submit one application form for membership and the Shopper may have only one account in its (legal) name. Shopper warrants it provides the correct information and eZorg shall not be liable for any damages in the event Shopper provided incorrect or incomplete information. In case of duplicate accounts, the account with less eMiles will be cancelled by eZorg and all eMiles accumulated on that account will be forfeited and donated to a Charity to be designated by eZorg. eZorg shall be entitled to immediately terminate the Agreement with Shopper and deny Shopper future participation in the Programme if Shopper provided incorrect information on purpose and/or committed any other fraudulent action.
3.4 The account and the eMiles earned by the Shopper concerned, cannot under any circumstances be transferred, bequeathed, assigned, sold or combined, whether or not for valuable consideration, with the account of the eMiles of any other person, whether or not that person is a member of the Programme, or with any other account belonging to the Shopper.
3.5 When joining the Programme, the Shopper accepts to receive the communication from eZorg and/or its Partners via email, which is a basic part of the Programme. The Shopper is responsible for providing eZorg with a correct emailing address for the communication. If a Shopper changes his emailing address, the Shopper shall notify eZorg in writing or by means of the Programme's website without any undue delay. The email will be changed upon approval by eZorg after identification of the Shopper via proper identification and the PIN number.
3.6 Any eligible person wishing to join the Programme must complete and sign an individual Programme membership application at one of the Partners. All persons applying for membership of the Programme shall be deemed to have received, read and accepted the GTC.
3.7 eZorg reserves the right to refuse membership to any person who does not meet the requirements for participation in the Programme and/or whose membership has been terminated due to fraudulent actions.
3.8 Any person whose membership application has been accepted by eZorg shall obtain an individual account, membership number and a PIN number allowing the member to redeem its saved eMiles. The PIN number can be amended at the first transaction and will always be required when redeeming the eMiles. The Member is responsible for the PIN and shall not disclose the PIN to any third party.

4. Compliance with the Programme

4.1 The Shopper guarantees the correctness of all information given, including but not limited to an emailing address and other information given, and shall be solely responsible for any erroneous, incomplete or out-of-date information.
4.2 Upon the request of eZorg, the Shopper shall supply valid proof of identity. Failure to do so within a reasonable period as set by eZorg will automatically lead to suspension or termination of the membership and forfeiture of all eMiles accrued. These eMiles will be then donated to Charity.
4.3 All eMiles must be earned and used according to the rules and guidelines in these GTC. eZorg has the final say as to whether a Product or Promotion qualifies for eMiles.
4.4 e Miles will not be awarded on unused, forfeited, fraudulent, lost, out-of-date or refunded products or transactions. eMiles cannot be redeemed when a person checks in with an incorrect PIN.
4.5 Loss, theft or damage of the eMiles Card must be reported immediately to eZorg. Upon the Shopper's notification of a lost, stolen or damaged eMiles Card, eZorg will block the eMiles Card and the eMiles Card will be replaced. eZorg is not liable for any damages Shopper suffers as a result of fraudulent use of the eMiles Card or failure of the Shopper to comply with the contents of this provision.
4.6 Retroactive claims will only be accepted by the Partner if made the same day the purchase is made. If Shopper fails to provide Partner with its eMiles Card on the day the purchase is made, no eMiles will be saved on the concerning purchase.
4.7 The sale, purchase, brokerage, resale, barter or exchange of eMiles is prohibited. Violators, including any person who uses a such eMile, shall be liable for damages and litigation costs. eMiles have no cash value and can never be redeemed for cash.
4.8 Material violation of the GTC, abuse of the Programme, including the failure to follow Programme policies and procedures, sale or barter of eMiles or any misrepresentation of facts pertaining thereto, fraudulent acts, improper conduct, including any untoward behavior or harassment with reference to any Partners' employee, unruly behavior in Partner's location or non compliance to their general terms and conditions, or any refusal to honour employee instructions, may result in cancellation of the Shopper's account and future disqualification from the Programme, forfeiture of all e Miles accrued and cancellation of previously issued but unused eMiles.
4.9 In connection with the enforcement of the Agreement, eZorg reserves the right to take appropriate legal action as it deems necessary against the Shopper, and may recover damages, attorneys' fees and court costs.

5. Personal Data

5.1 Personal data relating to the participation of Shoppers in the Programme will be processed and used by eZorg for purposes serving Programme implementation in accordance with applicable data protection regulations of the processing of this personal data.
5.2 Personal data shall be used and exchanged by eZorg and the Partners and Charities as required by the Programme. Furthermore, in order to enable eZorg or the Partners or Charities to offer Products and Promotions as well as for their direct marketing or communication purposes, information concerning the Shopper and the Shopper's Programme participation may be transmitted confidentially between eZorg and the Partners and Charities for their sole usage. If the Shopper does not want to receive offers from eZorg and/or the Partners and/or Charities, the Shopper may object, under certain conditions, subject to section 3.5 above, to the processing of his data for this purpose by notifying the eZorg at any time in writing.

6. Liability

6.1 eZorg does not accept any liability whatsoever with respect to any damage, death, delay, injury or loss arising out of or in connection with Products, eMiles or benefits provided or not provided by any Partners or Charities under the Programme, save to the extent in which such damage or loss arises out of gross negligence by eZorg, or was caused by eZorg with intent and with the knowledge that damage would result. Any claim must be lodged directly with the Partner.
6.2 Save as otherwise provided in clauses 2.1 and 6.1 above, eZorg shall not be liable for any loss or damage resulting from the termination of or the change in the Programme or for any withdrawal from the Programme by one of the Partners.
6.3 eZorg shall in no event be liable for any damages, direct or indirect, Shopper and/or third parties might suffer as a result of fraudulent use of the the Programme and/or the eMiles Card and Shopper shall indemnify eZorg and hold eZorg harmless for any loss, damages or other claims it might suffer as a result of such fraudulent use.
6.4 If any Partner improperly denies a Shopper eMiles and/or eMiles are not saved due to a fault in the system, the Member's exclusive remedy shall be the issuance of the improperly denied mileage credit or by the Partner. In the event of any of the aforementioned improper denials the claim should be lodged at the concerning Partner in writing and eZorg shall not be liable. In any event the liability of the Partner shall be limited to the value of the eMiles concerned and compensation shall take the exclusive form of re-crediting of the value in eMiles.
6.5 The Shopper is liable for any claims from third parties, including the tax authorities, arising from membership in the Programme and shall indemnify eZorg therefore.

7. Earning Miles

7.1 eMiles earned by the Shopper shall be credited to the Shopper's account irrespective of the identity of the person or entity paying for the products or services, provided the Shopper has submitted the eMiles Card at the time of purchase of the product or service.
7.2 Each shopper should verify that eMiles have been duly credited to the Shopper's account, by checking the eMiles summary provided by email. All claims regarding incorrect issued eMiles should be lodged at the concerning Partner as described in article 6.4 of these terms within fifteen (15) calendar days as of the date of the purchase, failing which the right to claim will be expired.
7.3 eZorg reserves the right to debit the account of any Shopper who has acquired eMiles unduly.
7.4 eZorg does not guarantee or warrant all products or services of the Partners qualify for eMiles accumulation and or the conditions imposed by the Partners.
7.5 All eMiles must be earned and used according to the rules and guidelines in this Agreement. eZorg reserves the right to amend these rules and guidelines.
7.6 The Shopper must actually purchase a Product to earn eMiles. eMiles will not be awarded on free, forfeited, fraudulent, lost, out-of-date or refunded products or services.
7.7 Partners are entitled to exclude the possibility to earn eMiles on Products purchased with a credit card or Kompa Leon card. eZorg shall not be liable for any exclusions made by the Partners.

8. Redeeming eMiles

8.1 When a Shopper has earned a sufficient number of eMiles, the Shopper may redeem the eMiles at all Partners or donate the eMiles to Charity. eMiles may only be redeemed for Products with the primary eMiles Card at the Partners and cannot be redeemed for cash or vouchers. eMiles cannot be redeemed at eZorg.
8.2 eMiles are saved on the purchase price of the Product including turn over tax (omzetbelasting) and can be redeemed for Products against the purchase price including the turn over tax.
8.3 Lost, stolen or expired Products or Promotions will not be refundable, replaced or extended. All Products or Promotions will be sold under the terms and conditions of the concerning Partner.
8.4 Shopper can only redeem its eMiles with the eMiles Card and PIN at a Partner. Shopper can donate its eMiles to all Charities at any Partner.
8.5 An overview of the current Partners of the Programme will be published on the website www.emiles.cw.

9. Miscellaneous

9.1 The present GTC supersede all previous documents and/or terms and conditions.
9.2 Curacao law shall govern this agreement and any conflicts with regard to this agreement should be brought before the Court of First Instance in Curacao.
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