Put simply, an earthmile is a unit for the point system we use to reward you for your healthy, earth-loving, green behaviours.
Very easily – when you register on our app, you will be taken to a set up page where you can link your account to a tracking app that you use. Once you link it, we will automatically pull your activities data from your apps and award you with earthmiles! Keep checking your profile for your latest earthmiles balance.
Today we can award you earthmiles for walking, running, and cycling. A healthier you is the first step to a healthier, happier world! But watch this space closely as we have exciting plans of expanding the scope of what earns earthmiles, including fitness, health-related, community-oriented and environmentally positive behaviours.
Don’t worry! We are quickly linking to more and more apps to make sure your favourite tracking apps are included. In the meantime if you want to check out the current rewards, you could give the available apps a try.
Sorry, no. We will be removing the duplication on the basis of the activity time stamp, location and duration.
Yes, indeed. We check for the following issues and if we spot any erratic data coming from you we will flag it to you before removing it from your earthmiles score.
We have a proprietary model based on extensive user surveys on the basis of which we convert user activity data into earthmiles. While in beta mode, we will be refining these conversion ratios so you might see some changes in the number of earthmiles your activity gets you
On the rewards centre you will see a number for “credit available”. This is the total number of earthmiles you have remaining, reduced by all the earthmiles you have already redeemed on the rewards centre. Your friends and everyone will see your earthmiles balance, which is all the earthmiles you have earned so far, including any you have spent. It’s a number to be proud of!
Absolutely! You can search and add your friends from facebook. You will then be able to see their activity feed which will show up on your home page, and also visit their profile where you can check out how many earthmiles they have.
Of course! You can send them an email invitation. If your friend joins and mentions you as a referral, we will award you and them 50 earthmiles as a bonus!
It’s useful to have your basic info on your profile page so your friends can identify you. We ask for some necessary information such as your name, age, location etc., so we can ensure the working of the app is smooth for you. We also have some optional data for you to fill when you set up your profile, which helps us direct better more suitable rewards to you and helps our partners know what sort of users like their rewards. Your personal data is safe with us – you can read the full privacy statement here.
Earthmiles is all about health, the environment and the community. You will see fantastic rewards that sit within our philosophy of creating a healthier happier world.
Yes, anytime you decide to do so, you can delete your account and we will delete all your personal information along with it.
It started with three friends who wanted to combine their passions for fitness and the environment with exciting technologies. We researched tons of ideas and realised that technology today has made it possible for us to create new models of individual accountability and incentivization. These models have the power to transform traditional ways of conducting CSR programmes and marketing campaigns. And thus Earthmiles was born! We’re a young start-up based with offices in London’s Silicon Roundabout. Our small team is always looking for fresh talent so drop us a line if you’re curious about working with us.
September 28, 2014
Earthmiles is a registered trademark of GMS Partners Limited. GMS Partners Limited is registered in England and Wales.
About Me - Basic Account Information: When you create or reconfigure an Earthmiles account, you provide some personal information, such as your name, password, and email address. You will be asked to enter some basic demographic information such as your age, gender and location to enable other users to correctly identify you. Your name is listed publicly on our services, including on your profile page and on friends' lists.
Additional Information: You may opt to provide us with additional profile information to be made public, such as a short biography or a profile picture to customize your account. We may also at times ask for optional information which we keep private, such as your dietary preferences, exercise habits etc, to better target rewards to you and to improve our Services. We may use your contact information to send you information about our Services or to market to you. You may use your account settings to change your information at any time. If you email us, we may keep your message, email address and contact information to respond to your request. If you connect your Earthmiles account to your account on another service in order to cross-post between Earthmiles and that service, the other service may send us your registration or profile information on that service and other information that you authorize. This information enables cross-posting, helps us improve the Services, and is deleted from Earthmiles within a few weeks of your disconnecting from Earthmiles your account on the other service. Providing the additional information described in this section is entirely optional.
Activities, Friends and other Public Information: Our Services are primarily designed to help you track, measure and share your healthy and environment-conscious activities with your friends. Most of the information you provide us with respect to your activities may be accessed by the public. This includes not only the activities themselves but also metadata provided with them, such as when or where the activity takes place, the people who you add as friends, the rewards you redeem, and many other bits of information that result from your use of the services. We may use this information to customize the content we show you, including any ads.
Location Information: You will be asked for your location as rewards and activities are location-dependent, however you location will not be published to your profile. Your computer or mobile device sends us location information. We may also use other data from your device to determine location, for example, information about wireless networks or cell towers near your mobile device, or your IP address. We may use and store information about your location to provide features of our Services, such as reporting activities with your location, and to improve and customize the services, for example, with more relevant content like local rewards.
Links: Earthmiles may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Log Data: When you use our Services, we may receive information ("Log Data") such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, or use your Earthmiles account to sync with a third-party website or application. We may also receive Log Data when you click on, view or interact with a link on our Services to a third-party application, such as a rewards partner's website. Earthmiles uses Log Data to provide, understand, and improve our Services. If not already done earlier, we will either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months of account deletion.
Third-Parties and Affiliates: Earthmiles uses a variety of third-party services to help provide our Services, such as tracking apps, third party blogs, and hosting, and to help us understand and improve the use of our services, such as Google Analytics. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address. We may also receive information about you from our rewards partners in order to help provide, understand, and improve our Services and our affiliates’ services, including the delivery of ads and rewards.
Your Consent: We may share or disclose your information at your direction, such as when you authorize a third-party web client or application to access your Earthmiles account.
Sellers of Goods and Services: If you redeem rewards on Earthmiles, we may provide the seller, commerce provider or marketplace with your name, email address, shipping address, date redeemed and rewards details to facilitate order fulfilment and dispute resolution and to help prevent, detect and investigate fraud or other prohibited activities. Please refer to these third parties’ privacy policies for information about theirprivacy practices. Our Services may contain links to other websites of interest. However, once you have used these links to leave our Services, you should note that we do not have any control over that website. Therefore we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public activities, the people you are friends with, or the number of users who clicked on a particular link (even if only one did), or reports to advertisers about unique users who saw or clicked on their ads after we have removed any private personal information (such as your name or contact information).
If you are a registered user of our Services, we provide you with tools and account settings to access or modify the personal information you provided to us and associated with your account.
You can also permanently delete your Earthmiles account.
September 28, 2014
Earthmiles is a registered trademark of GMS Partners Limited. GMS Partners Limited is registered in England and Wales.
These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, SMS, API, email notifications, applications, buttons, widgets, ads, and commerce services (the "Services" or "Earthmiles") and any information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
The Services that Earthmiles provides are always evolving and the form and nature of the Services that Earthmiles provides may change from time to time without prior notice to you. In addition, Earthmiles may stop (permanently or temporarily) providing the Services (or any feature within the Services) to you or to users generally and may not be able to provide you with prior notice. Neither us not our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Services. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Earthmiles on the Services are subject to change. In consideration for Earthmiles granting you access to and use of the Services, you agree that Earthmiles and its third party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You may not use the Services if you are under the age of 13. If you are under the age of 16 you confirm that you have permission to use the Services and have confirmed the nature of the Services with your legal guardian or parent. Any complaints will result in your eligibility to use the Services being suspended pending review.
Earthmiles does not provide medical evaluation, diagnosis, or treatment. The Content provided on the Services is provided "as is", for informational and educational purpose only, and is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should consult your physician or other qualified health provider if you have questions about a medical condition. If you think you have a medical emergency, call your doctor or 999 immediately. Reliance on any information provided on the Services is entirely at your own risk.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. You agree that you use the Services at your own risk. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites that you may have linked your account to. You should only provide Content that you are comfortable sharing with others under these Terms.
You agree not to post, transmit, distribute, upload, or otherwise disseminate through the Services any of the following -
(a) Material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
(b) Material that violates or causes us or our parent, affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
(c) Material that infringes or violates, or may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual property right or any party, or that you otherwise do not have the right to make available;
(d) Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, credit card numbers, tax information, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Services or with any other person or entity;
(e) Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Services that are expressly designated in which such material is allowed);
(f) Comments that in any way refer to persons under 13 years of age;
(g) Viruses, corrupted data, or other harmful, disruptive or destructive files; or
(h) Material that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any of the Services or a part thereof, or which may expose us or our users to harm or liability of any nature.
We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we ave no obligation to screen, edit or monitor any material posted on or transmitted through the Services, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Services at any time and for any reason without notice.
If you post any Content on or through the Services, then, unless we indicate otherwise, you (a) grant us and our parent, subsidiaries and affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant us and our parent, subsidiaries, affiliates and sublicensees the right to use the name that you submit in connection with such material, if we choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Services; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.
Connecting with Earthmiles users, Sharing Data and User Communication
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use passwords that are a combination of upper and lower case letters, numbers and symbols with your account. Earthmiles cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Earthmiles and its licensors. The Services are protected by copyright, trademark and other laws of both the United Kingdom and foreign countries. Nothing in these Terms gives you a right to use the Earthmiles name or any of the Earthmiles trademarks, logos, domain names, and other distinctive brand features. Any feedback, comment or suggestions you may provide regarding Earthmiles, or the Services, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Earthmiles, the Earthmiles logo, and any other products or service name or slogan contained on the Services are trademarks or registered trademarks of Earthmiles and its suppliers or licensors, and may not be copied, imitate for used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, products names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by us, or vice versa.
We, our affiliates, and our suppliers and licensors own all right, title and interest, including all intellectual property rights, in and to the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests and (v) protect the rights, property or safety or Earthmiles, its users and the public.
You may not do any of the following while accessing or using the Services (i) access, tamper with, or use non-public areas of the services, Earthmiles' computer systems, or the technical delivery systems of Earthmiles providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Earthmiles (and only pursuant to those terms and conditions such as may be applicable), unless you have been specifically allowed to do so in a separate agreement with Earthmiles, (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Ending These Terms
The Terms will continue to apply until terminated by either you or Earthmiles as follows.
You may end your legal agreement with Earthmiles at any time for any reason by deleting your accounts and discontinuing your use of the Services. You do not need to specifically inform Earthmiles when you stop using the Services. If you stop using the Services without deleting your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service, (ii) you create risk or possible legal exposure for us, (iii) our provision or the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. Nothing in this section shall affect Earthmiles' right to change, limit or stop the provision of the Services without prior notice, as provided above.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Earthmiles and its affiliates are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Earthmiles of such websites or resources or the content, products, or services available from such websites and resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such website or resources.
When you create an Earthmiles account, you will automatically become eligible to start redeeming various offers of free and discounted products and services ("Rewards") on the section of our Services that displays and offers them ("Rewards Centre"). The Rewards are offered in conjunction with the companies who provide and/or honour Earthmiles Rewards ("Rewards Partners"). The specific laws, rules, and regulations governing certain promotions or contests through the Rewards Centre may vary, and your participation constitutes your agreement to abide by those laws, rules and regulations.
An "earthmile" represents a point value awarded for walking, running, cycling, or any other activity that Earthmiles may wish to include in the future ("Qualifying Activities"). Earthmiles reserves the right to change the scope of Qualifying Activities without your express consent. Qualifying Activities data is further subject to checks by Earthmiles to try to ascertain the activities are genuine and correct, although Earthmiles provides no assurance to the accuracy or validity of such data. The conversion system to convert a Qualifying Activity into "earthmiles" is the property of Earthmiles. Your Earthmiles account will maintain a record of your accrued balance of "earthmiles" as well as any account credits and debits. Your "earthmiles" may not be transferred and cannot be combined with "earthmiles" from another user's account unless specifically made available to you under certain conditions that are set by Earthmiles. These "earthmiles" are not redeemable for cash or any other form of currency or credit, and have no fixed or ascertainable cash value.
Rewards are issued by our Rewards Partners and may be tendered to you in the form of electronic promotion codes, offline reward mailers, goods, services, or a combination of these means or in gift certificate format by the Rewards partner or by Earthmiles. You may receive Rewards by redeeming "earthmiles" as per the terms and conditions for each Reward as described in the reward coupon [deleted PDF just to be safe] emailed to you for, which may vary for each Reward. These terms & conditions may be adjusted by the Rewards Partner or Earthmiles at any time. Rewards are subject to change from time to time at the discretion of the Reward Partner and/or Earthmiles, and specific Rewards are not guaranteed to be available at all times.
Rewards Partners are entities and individuals, which may include brands, manufacturers, retailers, service providers, and other third parties, that provide and/or honour Earthmiles Rewards. The list of participating Rewards Partners is subject to change at any time. Rewards Partners are not agents, employees, contractors, partners, or subcontractors of Earthmiles. Participation by any Reward Partner should not be taken as an endorsement, either express or implied, of the Rewards Partner or its products or services by Earthmiles or any of the companies that provide exercise tracking technologies.
Rewards and their use are subject to (i) availability, (ii) terms and conditions specified by the Rewards Partners and/or as listed on the actual Reward, including expiration dates, (iii) your ability to purchase the reward with sufficient "earthmiles" collected by doing Qualifying Activities that meet all our checks, and (iii) may be subject to change at any time.
Earthmiles shall determine the total number of "earthmiles" that you must redeem to obtain a Reward and may change this number at any time, with or without notice. Some offers may be a onetime offer per use. Offers vary from time to time and availability may be highly limited.
Rewards Partners or Earthmiles may, at their sole discretion, choose to offer Rewards to select groups or to individual participants.
In the event a Rewards Partner refuses to honour a Reward for any reason, Earthmiles' sole obligation will be to credit your account for the number of "earthmiles" that were to be redeemed for the Reward.
Except as expressly stated in the Terms, Rewards cannot be returned, exchanged or refunded, or replaced by cash, "earthmiles", or other Rewards.
You must promptly notify Earthmiles of (i) any discrepancy in the Rewards, (ii) non-recept of Rewards shipment. Upon receipt of such notification, Earthmiles will investigate, and may, if appropriate, (i) correct such discrepancies, or (ii) facilitate receipt by liaising with the Rewards Partner, if appropriate for Earthmiles to do so under given circumstances.
You are responsible for any fees and charges for any personal or corporate tax liabilities, if any, related to your participation in the Earthmiles Rewards Centre.
Accuracy of "earthmiles" earned
Earthmiles will make reasonable efforts to accurately account for accrual and redemption of "earthmiles". Earthmiles reserves the right (i) to audit your account at any time for compliance with these Terms, without notice to you and (ii) to change accrued "earthmiles" points totals without notification if such audit reveals errors, inaccuracies, miscalculations or non-compliance. If you become aware of any discrepancy in your "earthmiles" total balance, accruals, redemptions, or calculations, you must notify us, but in no event more than thirty days after your account balance changes as a result of a transaction. Otherwise, "earthmiles" balance calculations will be deemed accurate, and you waive any claim for future adjustment or adjudication.
Modification and Interpretation of Rewards Centre
Earthmiles may modify, cancel, or terminate the Rewards Centre’s rules, processes, regulations, Rewards Partners, Rewards, and special offers at any time, with or without notice. All interpretations of the Rewards Centre rules and terms provided are made at the sole discretion of Earthmiles. Earthmiles may: (i) change the amount of "earthmiles" in any account; (ii) change the number of "earthmiles" required to redeem a Reward; (iii) impose caps and/or fees on "earthmiles" earnings and/or on the redemption of "earthmiles"; or (iv) change the list of Rewards available. Your continued participation in the Rewards Centre after any posted modification of the Rewards Centre in these Terms indicates your acceptance of the modification.
Name and Value of Rewards Program Currency.
Earthmiles reserves the right in its sole discretion to change the name of its Rewards Centre currency from "earthmiles" or to add additional currencies to the Rewards Centre at any time, without prior notice. Earthmiles also reserves the right to determine the value of any new currency as compared to "earthmiles" and to automatically convert your current "earthmiles" to any new currency.
Correcting Mistakes in Earthmiles Balances and Payments
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used (namely use of "earthmiles earned or paid") for the erroneous transaction.
As of the date stated above, the Services are provided to you for free. Joining Earthmiles does not require a payment. Purchasing Rewards is only possible through the acquisition of activity points ("earthmiles") and we do not charge a fee for this service directly. We reserve the right to implement fees for the Services at any time by providing you notice.
Disclaimer of Warranties
Your use of the Services, including, without limitation, your use of any Content accessible through the Services, and your interactions and dealings with any Services users, is at your sole risk. The Services, and all content available on and through the Services are provided on an "as is" and "as available" basis. Earthmiles and its suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Earthmiles does not warrant uninterrupted use or operation of the Services or your access to any content. No advice or information, whether oral or written, obtained by you from the Services will create any warranty regarding Earthmiles that is not expressly stated in these Terms. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
Without limiting this section, Earthmiles makes no warranties whatsoever, express or implied, regarding the accuracy, completeness, timeliness, or usefulness of any information contained ore references in the Services. Health-related information changes frequently and therefore information contained of the Services may be outdated, incomplete or incorrect. Earthmiles does not assume any risk whatsoever for your use of the Services or the information contained on the Services.
Limitation of Liability
You will not hold Earthmiles responsible for any loss you may incur as a result of Earthmiles taking any of the actions described in the Terms nor for other users' actions or inactions, including, without limitation, Content they post, Rewards they redeem and Rewards offered by Rewards Partners.
Neither Earthmiles nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Earthmiles or any supplier or licensor has been advised of the possibility of these damages), arising out of or relating to your access to or use of, or your inability to access or use, the Services or any Content. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Earthmiles is not involved in the actual transaction between Rewards Partners and Users. While we may help facilitate the resolution of disputes through various programmes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Rewards, the truth or accuracy of feedback, comments, or other Content posted by users on our Services, the ability of Rewards Partners to provide the Reward, the ability of users to pay for the items, or that a user or Rewards Partner will actually complete a transaction or return an item.
Please do not assume that the offer, sale, purchase, export, or import of any item is valid and legal simply because it is listed on the Rewards Centre.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items listed in our Rewards Centre
Although we use techniques that aim to verify the accuracy and truth of information provided by our users, user verification on the internet is difficult. Earthmiles cannot and does not confirm, and is not responsible for ensuring, the accuracy and truthfulness of users' purported identities or the validity of their data regarding their activities, or the information they post on our Services.
We cannot guarantee continuous or secure access to our Services, and operation of our sites may be interfered with by numerous factors outside our control. While we will use our reasonable endeavours to maintain uninterrupted Services, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Services. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees), shall not be liable to you in contract, tort (including negligence), or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or inability to use our Services.
Regardless of the previous paragraphs, if we are found to be liable, the maximum total liability of Earthmiles and its suppliers and licensors to you for all claims under these Terms, whether in contract, tort, or otherwise, is GBP 100. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms between the parties This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms the limitations in this section will apply even if any limited remedy fails of its essential purpose.
If you have a dispute with one or more users or Rewards Partners, you release us (and our parent, officers, directors, agents, subsidiaries, joint ventures and employees), from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You will defend, indemnify and hold harmless Earthmiles, our parent, officers, directors, agents, subsidiaries, joint ventures, employees, subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
If a dispute arises between you and Earthmiles, we strongly encourage you to first contact us directly to seek a resolution by going to the Eartmiles Help & Support page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures such as mediation and arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Earthmiles both agree to submit to the non-exclusive jurisdiction of the English Courts.
If any provision of these Terms is help to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
In our sole discretion, we may transfer our rights and obligations under these Terms with due notice (but without your prior express consent), provided that we assign the Terms on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
We may amend these Terms at any time by email or by posting the amended terms on our Services. Except as stated elsewhere, all amended Terms shall automatically be effective 30 days after they are initially posted.
These Terms are the entire agreement between you and Earthmiles, and supersede all prior understandings and representations.
The following sections survive any termination of the Services by you or by Earthmiles: Fees, Release, Content, Ownership, Trademarks, Disclaimer of Warranty, Limitation of Liability, Indemnification, No Agency and Legal Disputes.