JAL Mileage Bank World Marketplace Rewards Shop and Earn Mall Terms and Conditions
IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SHOP WITH MILES REWARDS SHOP WITHIN THE JAL MILEAGE BANK WORLD MARKETPLACE (“JMB World Marketplace”) SHOP WITH MILES WEBSITE ("Shop with Miles"). BY SUBMITTING AN ORDER OR OTHERWISE USING THE SHOP WITH MILES REWARDS SHOP, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SHOP WITH MILES REWARDS SHOP.
1. JMB World Marketplace Shop with Miles
JMB World Marketplace Shop with Miles is a redemption service provided for JAL Mileage Bank members, and Japan Airlines Co. Ltd (“JAL”) has commissioned the operations and management of the JMB World Marketplace to Ascenda Loyalty Pte Ltd (“Ascenda”), and Loylogic (“Shop Operator”) is managing the operations on behalf of Ascenda. JMB World Marketplace website is not managed by JAL, and the products provided on the JMB World Marketplace (“the Site”) are not being provided by JAL, and are direct exchanges between the merchants providing the products and the customer. JAL will not assume responsibility for the products offered on the Site.
1.1 Acceptance of Terms & Conditions
By accessing and making any product redemption with miles via the Site or accessing any website linked to the Site a specifically by clicking the "I AGREE" and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the rules applicable to the JMB World Marketplace Shop with Miles site and the Privacy & Cookies Policy.
1.2 Acceptance of Electronic Communication
You consent to receive service communications, including purchase confirmation, from the Shop Operator and the independent merchants by email and agree that such electronic communications satisfy any legal requirements that such communications be in writing. If you do not wish to receive service communications, you must stop using the Site – please refer to the Privacy & Cookies Policy for more information.
1.3 How to apply for product redemptions
You have the possibility to redeem JAL Miles for products available via the Site. No cash purchases, or combination of miles and cash are possible.
You can choose to omit the JAL Coupon redemption/mailing process by directly applying the JAL Coupon value to services and products on the JAL Mileage Bank World Marketplace Shop with Miles site.
* Please note that this service cannot be used for requested JAL Coupons that have already been sent to your JMB registered address.
1.4 Products
The products consist of any goods or services ordered by you, and sold and distributed by independent merchants who make available such products directly to you via the Site.
1.5 Relation between You and Merchant
Every time you redeem your JAL Miles for a product via the Site, you directly enter into an agreement with the respective merchant. The Shop Operator only provides the access and the technical platform for you to redeem products directly from the merchant. You agree and acknowledge that separate terms and conditions of the relevant merchant will apply to any product redemptions via the Site. You agree to abide to such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, claim for damages and other applicable terms. Neither JAL, Ascenda nor the Shop Operator become a party to the transaction between you and the merchant. The Shop Operator strongly recommends that you check the terms and conditions of the merchant available on the Merchant Details tab prior to redeeming any product.
1.6 Use of the JMB World Marketplace Shop with Miles site
You may only use the JMB World Marketplace Shop with Miles site to make non-commercial, legitimate product redemptions and shall not use the Site or the JMB World Marketplace Shop with Miles site for any other purposes, including making any speculative, false or fraudulent reservations or product redemptions. Products on the Site are subject to availability at the time you place the redemption order. By accessing and/or using the Site, you authorize the Shop Operator to consider any person using your information a legitimate user. Products can only be redeemed by JMB Members using miles. Members/legal guardians must ensure that the login details are not used illegally. The Shop Operator bears no responsibility for any consequences of illegal use of the personal details. The Shop Operator reserves the right to cancel the transactions and block access to the Site in cases it deems constitute misuse.
1.7 Restriction on Use
Due to local laws and regulations, the Shop Operator reserves the right to exclude Members from certain jurisdictions from making transactions over the Site. By making transactions via the Site, you confirm that you are not breaching any laws in your country of residence regarding the legality of such use. The Shop Operator will not be held responsible (i) for the exclusion of Members from certain jurisdictions and (ii) if you use the Site unlawfully. If in any doubt you should check with the relevant authorities in your country of residence.
1.8. Customer Service
For questions related to the products purchased via the Site or to your order, please contact the relevant merchant. For general questions related to Shop with Miles and the redemption types, please contact us.
1.9. Redeeming Miles for Products
You may redeem JAL Miles for products for such amount of JAL Miles as indicated for each product on the Site, provided that you have sufficient JAL Miles available on your account at the time of redemption. JAL Miles that are not yet accrued and credited to your account at the time you place the purchase order are not available for redemption. JAL Miles are deducted from your JMB account as soon as they are redeemed for a product.
1.10 Amount of Miles required for Product Redemption
The amount of JAL Miles necessary to be redeemed for a product is as specified on the Site, which may be subject to change at any time without notice to you. The number of JAL Miles for a redemption can differ from product to product. The amount of JAL miles required for redemption include shipping charges to the respective countries, and differ according to product and delivery country. Miles may vary due to fluctuation of exchange rates.
1.11 Reclaim of Miles
In case JAL Miles have not been properly debited to your account at the time of redemption, they can be reclaimed by JAL at any time without compensation.
2. Shipping, Handling and Return of Products
2.1 General
Regarding shipping, handling, returns or other delivery related matters such terms and conditions as set out in the relevant Merchant Details tab on the Site are exclusively applicable.
2.2 Shipping
Products are sent only to the address specified by the Member at the time of checkout. Delivery dates cannot be guaranteed and the Shop Operator does not assume any liability for failed deliveries caused by incorrect addresses, absence of the recipient, customs issues, force majeure or other reasons not under reasonable control of the Shop Operator. Please contact the merchant or the Site’s Customer Support in case of non-delivery of the product beyond the estimated delivery time stipulated on the order confirmation page. Any non-delivery claims received later than 3 months from order date can no longer be processed.
2.3 Fees & Taxes
The prices on the Site include all taxes and shipping and handling fees of the merchant unless otherwise specified. Nevertheless, for some products, you may be charged and may bear in addition local duties and taxes such as for example VAT and/or luxury or customs taxes depending on your local jurisdiction. Please check with your local customs authorities prior to ordering a product.
2.4 Withdrawal Period
Mileage that has been deducted from a JMB account following a product redemption cannot be refunded to the original account or used in exchange for a different product for whatever reason. This applies regardless of whether the refund request is made before the product has been shipped or whether the product is completely unused.
However, only in the event where the product redeemed is defective or damaged for reasons other than being caused by the customer, such as during delivery, the policy below will be applicable.
However, only in the event where the product redeemed is defective or damaged for reasons other than being caused by the customer, such as during delivery, the policy below will be applicable.
2.5 Return Handling
In case a product exchange happens because of damage during delivery or for reasons other than being caused by the customer, as stated in 2.4, or when a merchant grants a return period that exceeds any legally required withdrawal period, such terms as set out in the relevant Merchant Details tab on the Site are exclusively applicable. In case of (i) returns in accordance with the applicable terms and conditions of the relevant merchant, or (ii) unsuccessful delivery due to your actual fault (e.g., insufficient or incorrect delivery address or no physical acceptance of product at delivery address) you may be charged with incurred credit card fees, additional shipping and handling fees, and any other taxes and expenses in connection therewith. You may be required to pay these charges in cash, .
2.6 Guarantee Period
In case of an existing fault in a product, such guarantee periods, if any, as set out in the relevant Merchant Details tab are exclusively applicable.
3. Personal Information
3.1 Share of Information
The data collected through the Site is governed by the JMB World Marketplace Shop with Miles site’s Privacy & Cookies Policy which shall be deemed to be incorporated into these Terms and Conditions. In order for the Shop Operator to process any product transactions via the Site, you will have to transmit certain personal information, including your name, home and email address, phone number. By providing such information you consent to the Shop Operator sharing certain of that information with merchants and third-party providers as necessary to process and complete the required transaction, including but not limited to card fraud screening service providers. Shop Operator shall not be liable for any wrong personal information received or obtained from you.
3.2 Consent to Transfer
You further acknowledge and agree that by providing the Shop Operator with any personal or proprietary information, directly or indirectly through the Site you consent to the transmission of such personal or proprietary information over international borders as necessary for processing the relevant transactions in accordance with the Privacy & Cookies Policy.
4. Limitation of Liability
4.1 Contracting Party
When redeeming JAL Miles for products through the Site, you enter into an agreement with the relevant merchant of the product, and neither JAL, Ascenda nor the Shop Operator. You expressly acknowledge and agree that merchants are independent contractors and not employees or agents of either JAL, Ascenda or the Shop Operator. Neither JAL, Ascenda nor the Shop Operator are liable for the acts, errors, omissions, representations, warranties or negligence of the merchants. Neither JAL, Ascenda nor the Shop Operator shall be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by the merchant on any product items. As far as permissible by applicable law, JAL, Ascenda and the Shop Operator hereby disclaim any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the products provided by any merchant through the Site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such merchant and you hereby expressly exonerate JAL, Ascenda and the Shop Operator from any liability with respect to the same. To the extent permitted by law, JAL, Ascenda and the Shop Operator exclude all liability to you or other person of whatsoever nature in respect of any negligence, wilful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a merchant.
In the unlikely event that a merchant is unable to provide you with the product you have ordered, for example, in the event of a merchant becoming insolvent, the Shop Operator may, but is not obliged to, source an alternative merchant to provide the same or similar product to you. In such case, you agree to the Shop Operator providing your data to the alternative merchant and for such merchant to provide such product to you directly.
4.2 No Warranty
The Shop Operator does not warrant or represent that the content on the Site or any website linked to the Site is complete or up-to-date. The Shop Operator is under no obligation to update any content on the Site. The Shop Operator may change the content on or make improvement or changes of the Site at any time without notice. The information, products, and descriptions of products and other services published on the Site or a linked site may include inaccuracies or typographical errors, and to the extent permitted by law, Shop Operator specifically disclaims any liability for such inaccuracies and errors.
4.3 Limitation of Liability
You agree that neither JAL, Ascenda nor the Shop Operator and its affiliates and any of its respective officers, directors, employers, or agents will be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or the JMB World Marketplace Shop with Miles site, or with the delay or inability to use the Site or a linked site, even if they have been made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labor problems or any force majeure. The Shop Operator cannot and does not guarantee continuous, uninterrupted or secure access to the Site or the JMB World Marketplace Shop with Miles.
4.4 Legal Remedies
JAL, Ascenda and the Shop Operator reserve the right to seek all remedies available at law and in equity for any misuse of the Site or the JMB World Marketplace Shop with Miles and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing the site.
5. Copy Rights and Trade Marks
The trademarks, logos and service marks (collectively "Marks") displayed on the Site are the property of the Shop Operator, JAL, Ascenda or of the merchant as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of the Shop Operator or such other party which may own the Marks. All information and content including any software programs available on or through the Site (collectively "Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents apply to the features and services accessible via the CSite, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.
6. Confidentiality of Personal Information
Access to and use of password protected and/or secure areas of the Site is restricted to authorized persons only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You are responsible for maintaining the confidentiality of your personal information, including your account and password, and for restricting access to your computer to prevent unauthorized access to the Site. You agree to accept responsibility for all redemption and other activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform the Shop Operator immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
7. Indemnification:
You agree to indemnify JAL, Ascenda, Shop Operator or merchant, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of these rules, or for any materials in any form whatsoever that are provided by you (or through your user ID and/or password). You agree to cooperate as fully as reasonably required in our defence and/or settlement of any claim. JAL, Ascenda and/or Shop Operator reserve in their reasonable discretion the right to assume exclusive control over the defence and settlement of any matter subject to indemnification by you.
8. Assignment
You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. JAL, Ascenda and/or Shop Operator may assign their respective rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.
9. No Waiver
The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
10. Terms and conditions updates
These terms and conditions may be updated from time to time. Any changes will become effective upon our posting of the Terms and Conditions on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.
11. Governing Law
These terms and conditions for Shop with Miles are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
JMB World Marketplace Shop & Earn Miles Terms and Conditions
IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SHOP & EARN MILES EARN MALL WITHIN THE JAL MILEAGE BANK WORLD MARKETPLACE WEBSITE ("SHOP & EARN MILES"). BY SUBMITTING AN ORDER OR OTHERWISE USING THE SHOP & EARN MILES EARN MALL, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SHOP & EARN MILES EARN MALL.
1. JMB World Marketplace Shop & Earn Miles:
JMB World Marketplace Shop & Earn Miles is a service provided for JAL Mileage Bank members, and Japan Airlines Co. Ltd (“JAL”) has commissioned the operations and management of the JMB World Marketplace to Ascenda Loyalty Pte Ltd (“Ascenda”), and Loylogic (“Shop Operator”) is managing the operations on behalf of Ascenda. JMB World Marketplace website is not managed by JAL, and the products provided on the JMB World Marketplace (“the Site”) are not being provided by JAL, and are direct exchanges between the customer and the companies managing the partner shopping sites. JAL will not assume responsibility for the products offered on the Site.
1.1 Acceptance of Terms and Conditions:
By accessing the Site and making transactions via the Site, specifically by clicking the "I AGREE" and similar buttons, you expressly indicate your acknowledgment and acceptance of the rules applicable to Earn Mall and the Privacy & Cookies Policy.
1.2 Acceptance of Electronic Communication:
You consent to receive service communications, including purchase confirmation, from Loylogic and the independent merchants by email and agree that such electronic communications satisfy any legal requirements that such communications be in writing. If you do not wish to receive service triggered emails, you must stop using the Site – please refer to the Privacy & Cookies Policy for more information.
1.3 Earning JAL Miles:
1.3.1 You can earn JAL Miles for transactions made or activity conducted by you through the Site, and when moving on to Partner Sites from the Site and making transactions on Partner Sites. The types of transactions/activities (“Modules”) available to you and from which you can earn JAL Miles may be updated from time to time. Current Modules include some (or all) of the following:
- Purchasing products and/or services from merchants advertising on the Site directly (see sections 1.4 and 1.5 below);
1.3.2 The number of JAL Miles that you can earn with each transaction/Module is as set out on the Site. However, the credited number of JAL Miles may vary from the amount as indicated on site at the time of purchase due to applicable exchange rates. Shop Operator has the right, at any time and at its sole discretion, to change the amount of JAL Miles earned with a transaction and/or remove or include new Modules.
1.3.3 The JAL Miles will be credited to your JAL Mileage Bank account within 90 days from date of purchase. If your JAL Miles are not credited to your account in time, please contact customer support using the Contact Us link in the footer.
1.4 Relationship between You and Merchant:
Goods and services are supplied by independent merchants who make the same available to you directly to you via the Site. When you make a purchase via the Site, you directly enter into an agreement with the respective merchant. Shop Operator provides the access and the technical platform for you to purchase items directly from the merchant. You agree and acknowledge that each merchant’s separate terms and conditions will apply to any purchase made via the Site. You agree to abide to such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claim for damages. Loylogic does not become a party to the transaction between you and the merchant. Shop Operator strongly recommends that you familiarise yourself with merchants’ terms and conditions prior to making a purchase.
1.5 Use of Earn Mall:
You may only use Shop & Earn Miles to make non-commercial, legitimate reservations or purchases and shall not use the site or Shop & Earn Miles for any other purposes, including making any speculative, false or fraudulent reservations or purchases. Items on Earn Mall are subject to availability at the time of purchase. By accessing and/or using Earn Mall, you authorize Shop Operator to consider any person using your information a legitimate user. Members/legal guardians must ensure that the log-in details are not used illegally. Shop Operator bears no responsibility for any consequences of illegal use of personal details. Shop Operator reserves the right to cancel the transactions and block access to the Site in cases of misuse at its sole discretion.
1.6 Restriction on Use:
Due to local laws and regulations, Shop Operator reserves the right to exclude members in certain jurisdictions from making transactions on the Site. By making transactions via the Site you confirm that you are not breaching any laws in your country regarding the legality of such use. Shop Operator will not be held responsible (i) for the exclusion of Earn Mall members from certain jurisdictions and (ii) if you use the Site unlawfully. If in any doubt you should check with the relevant authorities in your country.
1.7 Customer Service:
For questions related to the products purchased in Shop & Earn Miles or to your order, please contact the relevant merchant. For general questions related to Shop & Earn Miles, please contact the Site Customer Service at support@jmbworldmarketplace.com
2. Personal Information:
2.1 Sharing of Information
The data collected through Shop & Earn Miles is governed by Shop Operator’s Privacy & Cookies Policy. In order to process any purchase transactions or conduct other activities via the Site, you will have to transmit certain personal information, including your name, home and email address, phone number and credit card information. By providing such information you consent to Shop Operator sharing certain of that information with merchants and third-party providers as necessary to process and complete the required transaction, including advising JAL of the number of JAL Miles to be credited to your JMB account. Shop Operator shall not be liable for any wrong personal information received or obtained from you.
2.2 Consent to Transfer and Use
You further acknowledge and agree that by providing Shop Operator with any personal or proprietary information, directly or indirectly through the Site or via JAL Mileage Program, you consent to the transmission of such personal or proprietary information over international borders as necessary for processing the relevant transactions in accordance with the Privacy & Cookies Policy.
3. Limitation of Liability:
3.1 Contracting Party
When purchasing items through the Site you enter into an agreement with the relevant merchant of the product, and neither with JAL, Ascenda nor the Shop Operator. You expressly acknowledge and agree that merchants are independent contractors and not employees or agents of JAL, Ascenda or the Shop Operator. Neither JAL, Ascenda nor Shop Operator are liable for the acts, errors, omissions, representations, warranties or negligence of the merchants. Neither JAL, Ascenda nor Shop Operator shall be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by the merchant on any items. As far as permissible by applicable law, JAL, Ascenda and Shop Operator hereby disclaim any product or other liability, whether based on contract, tort, computer misuse, privacy, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the items provided by any merchant through the Site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such merchant and you hereby expressly exonerate or indemnify JAL, Ascenda and Shop Operator from any liability with respect to the same. To the extent permitted by law, JAL, Ascenda and Shop Operator exclude all liability to you or any other person of whatsoever nature in respect of any negligence, wilful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a merchant.
3.2 No Warranty
Neither JAL, Ascenda nor Shop Operator warrant or represent that the content on the Site is complete, accurate or up-to-date. JAL, Ascenda and Shop Operator are under no obligation to update any content on the Site. JAL, Ascenda and Shop Operator may change the content on or make improvement or changes of the Site at any time without notice. The information, products and descriptions published on the Site may include inaccuracies or typographical errors, and to the extent permitted by law, JAL, Ascenda and Shop Operator specifically disclaim any liability for such inaccuracies and errors.
3.3 Limitation of Liability
You agree that neither JAL, Ascenda nor Shop Operator or any of their respective officers, directors, employers, or agents will be liable, whether in contract, tort, strict liability or otherwise, for any direct, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site, or with the delay or inability to use the Site or a linked Site, even if JAL, Ascenda and/or Shop Operator is made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labour problems or any force majeure. JAL, Ascenda and Shop Operator cannot and do not guarantee continuous, uninterrupted or secure access to the Site.
3.4 Legal Remedies
JAL, Ascenda and Shop Operator reserve the right to seek all remedies available at law and in equity for any misuse of the Site and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing the Site.
4. Copy Rights & Trade Marks:
The trademarks, logos and service marks (collectively "Marks") displayed on the Site are the property of JAL, Ascenda, Shop Operator or of the merchant as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of the Shop Operator or such other party which may own the Marks. All information and content including any software programs available on or through the Site (collectively "Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents apply to the features and services accessible via the Site, including without limitation: Shop Operator’s U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.
5. Confidentiality of Personal Information:
Access to and use of password protected and/or secure areas of the Site are restricted to authorized persons only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You are responsible for maintaining the confidentiality of your personal information, including your account and password, and for restricting access to your computer to prevent unauthorized access to the Site. You agree to accept responsibility for all redemption and other activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Shop Operator immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
6. Exchange Rates:
All exchanges rates displayed on the Site in connection with any product transactions are under license from XE.com or any other applicable service provider.
7. Indemnification:
You agree to indemnify JAL, Ascenda, the Shop Operator or merchant, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of these rules, or for any materials in any form whatsoever that are provided by you (or through your user ID and/or password). You agree to cooperate as fully as reasonably required in our defence and/or settlement of any claim. JAL, Ascenda and/or Shop Operator reserve in their reasonable discretion the right to assume exclusive control over the defence and settlement of any matter subject to indemnification by you.
8. Governing Law:
These terms and conditions for Shop & Earn Miles are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
9. Assignment:
You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. The Shop Operator may assign their respective rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.
10. No Waiver:
The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
11. Terms and Conditions Updates:
These terms and conditions may be updated from time to time. Any changes will become effective upon our posting of the Terms and Conditions on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.
If there is any inconsistency or ambiguity between other languages versions of the Terms and Conditions and the English version, the English version shall prevail.