These terms of use (“Terms of Use”) govern your use of the Air Miles Middle East web site located at www.airmilesme.com and the Air Miles Mobile App (Air Miles App) referred to individually and collectively as the “Site”. The Site is the property of the operator of the Air Miles Programme, Aimia Middle East FZ-LLC, a Free Zone company incorporated in Dubai, United Arab Emirates that is part of the Kognitiv group of companies, with trade license number 19291 and whose office is at 204, Building 15, Dubai Internet City, Dubai, UAE (“Kognitiv” or “ We” and “Us”)  and its licensors.  

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE: IF YOU DO NOT AGREE, DO NOT USE THIS SITE.  

Your use of the Site, or any party thereof constitutes your agreement with these Terms of Use.  Kognitiv may modify these Terms of Use from time to time at its discretion and without notice, and such modifications shall be effective immediately upon posting of the modified version on the Site. After any such modification, your continued use of the Site, or any part thereof will constitute your agreement to the modified Terms of Use. Your use of the Site (including any submission of Submissions (defined below)) must comply with these Terms of Use, all applicable laws, and any applicable Air Miles Program terms and policies.

The Site and all of its content are protected by laws relating to copyrights, and trademarks, and other applicable intellectual property laws, and is owned, controlled, and/or licensed by Kognitiv, its affiliates and licensors. The Site and its contents are made available solely for your own personal, non-commercial and lawful use. Nothing contained on the Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, names or other intellectual property contained in the Site without the expressed written consent of the applicable rights holder.

You may not modify, post, reproduce, distribute, copy, publish, display, transmit, adapt, translate or in any way exploit the contents of the Site.  You may not prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the Site. You may use the Site and any contents of the Site solely for lawful purposes. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute available content.

You may not take any action to interfere with, or disrupt, the Site or its content, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these Terms of Use. No permission is given to you to link or provide references to the Site or any portion thereof, nor to use any of Kognitiv’s names, logos, icons, designs, slogans, site address, or trademarks (including but not limited to the Air Miles trademarks and logos) nor provide such links or references, unless you have Kognitiv’s express written permission. We may or may not request or accept submissions, including without limitation reader and Air Miles Member comments, ideas, questions, materials, testimonials, references, surveys, illustrations, artwork, or the like (collectively “Submissions”).

By accessing the Site, you acknowledge that you are responsible for whatever Submissions you submit, and you, not Kognitiv, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. All Submissions must conform to the content standards set out in these Terms of Use.  Kognitiv may welcome your comments on the Site however, whether in response to a specific request for Submissions or not, Kognitiv and its partners shall have no obligation to review or respond, in any manner, or to take any other action with respect to said Submissions. Notwithstanding the foregoing, Kognitiv reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, including without limitation any Submission, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Kognitiv and its partners do not accept any responsibility for the safe arrival of any Submissions. You agree that any Submission that you submit to the Site, to Kognitiv or its third-party suppliers will be treated as non-confidential and non-proprietary.

Any Submission you submit, whether requested or not, shall become the exclusive property of Kognitiv. By submitting, such Submissions, you grant Kognitiv, its affiliates, third party suppliers and assignees a worldwide, royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, publish, republish, perform, display, distribute, edit, store, modify, make derivative works, archive, and disclose to third parties, such Submissions in whole or in part in any form or medium whatsoever, without liability and without compensation of any sort. You further irrevocably waive any moral rights with respect to your Submissions, in connection with our exploitation of the rights granted to us in this Agreement.

You agree that Kognitiv shall be free to use any ideas, inventions, concepts, information, know-how or techniques contained in such Submissions for any purpose whatsoever, including but not limited to developing and marketing products and services incorporating such Submissions. In making a Submission, you knowingly and expressly agree with these Terms of Use. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Submissions.  Kognitiv is not responsible to any third party for any Submission, or the content or accuracy thereof.

These content standards apply to any and all Submissions and use of the Site. Submissions must in their entirety comply with all applicable laws and regulations and must not:

The Air Miles Privacy Policy applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. View the Air Miles Privacy Policy.

Kognitiv does not in any way guarantee the accuracy, completeness or usefulness of information contained on the Site. All information is provided for informational purposes only and is not intended for trading or other purposes. Aimia assumes no responsibility with respect to the sequence, accuracy, or completeness of any such information and is not liable or responsible in any way for any delays, inaccuracies, or errors in any such information or in the transmission of any such information.

The Site is made available free of charge. Kognitiv does not guarantee that the Site or any services will be error free. Kognitiv does not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons including without limitation to allow for repairs and maintenance or to provide new services or features.
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You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
 
Kognitiv does not warrant that the Site will be compatible with your equipment, software or telecommunication network.  
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Kognitiv will not be liable for (i)any loss or damage caused to your equipment by use of the Site; or (ii) any technical problems including errors of the Site or (iii) the unsuitability, inaccuracy or unreliability of the Site.

By using or accessing the Site or submitting any Submissions, you represent and warrant that you (i)are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party; (ii) have obtained all necessary approvals, consents and authorizations from any third party to submit any information, including Submissions or personal information, and to delete and/or modify such information; and (iii) have submitted or will submit, information, content or material which is true and accurate

‍When you register to use the Air Miles App, you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password, you should change your password immediately, and notify us by contacting Customer Services (see below for contact details).
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If we have reason to believe that there is likely to be a breach of security, or misuse of the Site, or if on reasonable grounds we believe that you have failed to comply with these Terms of Use we may require you to change your password or we may suspend or disable access to the Site

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  KOGNITIV MAKES NO WARRANTY, EXPRESS OR IMPLIED CONCERNING THE CONTENT, SOFTWARE OR SERVICES AVAILABLE THROUGH THE SITE WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE”. KOGNITIV DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. KOGNITIV DOES NOT REPRESENT OR WARRANT THAT THERE WILL BE NO FAILURES, ERRORS, OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED DUE TO THE EXPOSURE OR USE OF THE SITE.  

KOGNITIV, ITS AFFILIATES, ITS LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND WARRANTIES OF MERCHANTABILITY AND SHALL IN NO WAY BE RESPONSIBLE OR LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, TIME, INTERRUPTION, LOSS OF INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF, INABILITY TO USE, FAILURE TO USE, OR RELIANCE ON, THE SITE OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIANCE ON OR USE BY YOU OR ANY OTHER PERSON OF ANY OF THE INFORMATION, OPINIONS OR PRODUCTS ADVERTISED, EXPRESSED, OR OTHERWISE, THAT ARE CONTAINED IN THE SITE OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

The Site may provide you with links and references to third-party web sites. The inclusion of any information, material, content or links on the Site should not be construed as an express nor an implied endorsement of any third-party products or services. Unless otherwise indicated, these third-party sites and content are provided for your convenience only and not maintained, operated or controlled by Kognitiv, and Kognitiv has not reviewed the content thereof, does not provide any representations or guarantees with respect thereto, and takes no responsibility for the content thereof. The Terms of Use, privacy policies and other terms that apply to your use of those sites are as set out on those sites. You assume sole liability for the use or access of such third-party sites and content.

As a condition of your use of the Site and to the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Kognitiv, its affiliates, licensors, related companies, partners, suppliers and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of these Terms of Use; (b) your use of the Site and any content contained in the Site; and (c) the submission of any Submissions on the Site made by you. Kognitiv reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.

If you are dissatisfied with the Site or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. In such an event, you agree to destroy all materials obtained by you from the Site and all copies thereof. These Terms of Use shall survive any such termination.

Kognitiv administers and operates the Site from Dubai, United Arab Emirates; other Kognitiv sites may be administered and operated from various locations within or outside the United Arab Emirates. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United Arab Emirates, Qatar or Bahrain. These Terms of Use are governed by and construed under the laws of the Emirate of Dubai, UAE.  Any disputes related to this shall be submitted to the non-exclusive jurisdiction of the courts of Dubai UAE.

No waiver by either Kognitiv or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

The logos of Kognitiv (including but not limited to those used in the Air Miles ME Programme) and its related companies are trademarks of such companies. Any other trademarks, or corporate, trade or domain names used in this Site are the property of their owners. Other product, services and company names mentioned herein or on the links hereto may be trademarks and/or service marks of their respective owners.

These Terms of Use, along with the Privacy Policy[LINK], and Cookie Policy[LINK] constitute the entire agreement between Kognitiv and the users of this Site with respect to their use of this Site. Kognitiv’s failure to insist upon or enforce strict performance of any provision of that agreement shall not be construed as a waiver of any right on its part.