Terms and conditions
The Miles Attack Programme is a loyalty and incentive programme offered by AIR CORPORATE SYSTEM, a limited liability company with share capital of 100,000 euros, whose registered office is located at 82 rue henry farman 92130 issy-les-moulineaux – FRANCE, registered under number 402 832 570 RCS (Registre du Commerce et des Sociétés) Nanterre.
ARTICLE N°1 / DEFINITIONS
Capitalised terms and expressions shall, for the purposes of the Terms and Conditions, have the meanings set out below.
The definitions below have the same meaning whether they are used in the singular or plural:
“Member” means any person who, as a travel professional, participates in the Miles Attack Programme under the conditions defined in Article 3 below;
“Miles Attack Shop” (located under the “Exchange my Miles” tab) refers to the space under which gift offers, as well as the value, in Miles, of the gifts offered, are brought to the attention of Members;
” Carte Mastercard® by Miles Attack” désigne une carte de paiement que les Membres peuvent commander sous l’onglet Echanger mes Miles et sur laquelle il peuvent convertir leur MILES en argent
“Customer” refers to the legal entity or individual customer of the Member or the travel agency of which the Member is the employee;
“Miles Attack Code” refers to the four-letter code assigned to each Member by Miles Attack, and which the Member must bring to the attention of the Partner with whom the Member makes a reservation for a service so that the existence of the reservation, as well as the number of Miles allocated to the Member for it, can be taken into account by Miles Attack;
“Account” means the account opened in the name of each Member, to whom access is exclusively reserved, and in which the Miles they have acquired and which they may spend in exchange for gifts are recorded;
“MILES” refers to the loyalty points awarded to each Member under the conditions defined in Article 4 of the Terms and Conditions, and which allow each Member to choose gifts in the Miles Attack shop;
“Air Corporate System” refers to the Company in connection with the management and operation of the Miles Attack Programme;
“Partner” refers to the partners of Miles Attack, a list of which can be accessed on the Website, offering Members the opportunity to acquire Miles in exchange for sale, by the Members, of the services that these partners offer. The partners of Miles Attack may also offer Members promotional offers reserved in accordance with Article 6 of the Terms and Conditions;
“Miles Attack Programme” means the loyalty and incentive programme open to any individual travel professional, or employee of a travel agency, offered by the Company and subject to the Terms and Conditions;
“Terms and Conditions” refers to this rules, which is applicable to the Miles Attack Programme;
“Site” refers to the site managed and operated by the Company for the purpose of managing the Miles Attack Programme accessible from http://www.milesattack.com;
“Company” refers to AIR CORPORATE SYSTEM, a limited liability company with share capital of 100,000 euros, whose registered office is located at 25-29, rue de Anatole France, 92300 Levallois-Perret – FRANCE, registered under number 402 832 570 RCS Nanterre;
ARTICLE N°2/ SUBJECT – MEMBERSHIP OF THE MILES ATTACK PROGRAMME
Under the Miles Attack Programme, the Member earns Miles earned mainly when he sells the services offered by the Partners of Miles Attack to Customers, under the conditions of Article 4 below.
Members participate in the Miles Attack Programme exclusively by opening an Account that can be accessed on the Website and by recording the Miles. Consultation of the Miles and access to the Miles is reserved solely for the Member under the conditions described in Article 3 below.
Enrolment in the Miles Attack Programme implies that the Member has read and accepted, in advance, the Terms and Conditions or any other rules that may be substituted by the Company.
ARTICLE N°3/ MILES ATTACK MEMBERSHIP
Membership of the Miles Attack Programme is free of charge, and is open on request to any natural person of legal age who has the necessary authorisations to practice as a british travel professional, as well as to any employee of a travel agency based in United Kingdom who has the necessary authorisations to exercise his/her activities.
To apply for membership, the travel professional will log on to the Website where he or she will complete a form and review the Terms and Conditions.
All members completing a membership form are asked to choose a confidential login and a password that will allow them to access their Account at a later date.
As soon as the Member has validated his/her registration, Miles Attack will assign him/her a Personal Account allowing him/her to earn Miles under the conditions provided for in the Terms and Conditions.
In addition, a Miles Attack Personal Code generated by Miles Attack will be automatically assigned to each Member.
Miles Attack reserves the right to cancel any membership that does not comply with the conditions of the Terms and Conditions. In this case, the Member is removed: his/her Miles Attack Account and Code are deleted, and any Miles he may have earned are cancelled.
Members who have not logged into their Miles Attack account for 2 years will have their account automatically deactivated. To reactivate their account, Members should send a message to the Company via the contact form available on milesattack.com.
It is specified that membership of the Miles Attack Programme on the Website constitutes electronic acceptance and signature of the Terms and Conditions. The place of signature of the Terms and Conditions shall be deemed to be the registered office of the Company in the United Kingdom.
The Member acknowledges that it is signing the Terms and Conditions (and any document associated with the Miles Attack Programme) electronically in full knowledge of the technology implemented and the terms and conditions for using this technology, and consequently waives any claim and/or legal action against the reliability of this electronic signature solution and/or the expression of the Member’s desire to participate in the Miles Attack Programme. The Beneficiary is reminded that writing in electronic form is admitted as evidence in the same way as writing on paper, with the same probative force, provided that the person from whom it originates can be duly identified and that it is established and stored under conditions likely to guarantee its integrity (Article 1316-1 and 1316-3 of the Civil Code). More generally, by accepting membership in the Miles Attack Programme, the Member has agreed to exchange and receive electronic communications from the Company and this implies its acceptance that all agreements, information, disclosures and other communications exchanged electronically fulfil all legal obligations arising from written exchanges, unless a specific mandatory law requires another means of communication.
ARTICLE N°4/ OBTAINING MILES
4.1 The Member may earn Miles on his/her Account:
4.1.1 When selling any services offered by Partners for which the Partner allocates Miles, according to the scale detailed in Article 4.3, to a Customer; and/or
4.1.2 By participating in games, quiz, boosters or others offered by Miles Attack or Partners on the Website; and/or
4.1.3 By sponsoring another travel professional to become a member of this program. To this end, the Member completes a sponsorship form on the Website, which is sent by Miles Attack to any travel professional designated by the Member. It is the Member’s responsibility to ensure that the travel professional he/she appoints has authorised the sending of the e-mail by Miles Attack and he/she must, if necessary, be able to provide proof of this agreement: the Member will be liable for all costs and damages caused to the Company in the event of non-compliance with this obligation.
4.1.4 In addition, Miles are awarded free of charge to each Member upon enrolment.
4.2 Procedures for allocating Miles on the Account.
4.2.1 The Account is divided into two sub-accounts, one entitled “in progress” and the other entitled “To be spent”.
Only Miles credited to the “To be spent” sub-account may be spent by the Member to obtain one of the gifts offered in the Miles Attack shop.
4.2.2 When the Member sells a service to a Customer under the conditions provided for in paragraph 4.1.1, the Miles allocated to him/her, according to the scale applicable in accordance with Article 4.3, are initially recorded in the “In progress” sub-account, pending confirmation by the Partner concerned that the service reserved by the Customer has been fully performed. As soon as confirmation of full performance by the Partner is confirmed, Miles Attack transfer the Miles allocated to the “To be spent” sub-account.
Where applicable, in the event of a dispute concerning the performance of the service reserved by the Customer (in particular in the event of non-payment, refund or cancellation by the Partner), the Company may definitively cancel, in whole or in part, the Miles allocated to the Member for the sale of this service and recorded on the “In Progress” sub-account, regardless of the reason for the dispute.
The Member has one year from the date of reserving the service to declare it on his Miles Attack account.
4.2.3 When the Member sponsors a travel professional under the conditions provided in paragraph 4.1.3, the Miles allocated to him according to the scale applicable in accordance with article 4.3 are initially recorded in the “In progress” sub-account. Miles Attack transfer the Miles allocated to the Member to the “To be spent” sub-account no later than 15 days after the start date of the first service booked by the Member’s sponsee and which entitle the Member to miles, in accordance with section 4.2.2.
4.2.4 Miles earned by the Member under paragraphs 4.1.2 and 4.1.4 will be recorded directly on the “To be spent” sub-account, (except Miles earned through boosters, which will be recorded after the Customer’s departure date) according to the applicable scale, in accordance with Article 4.3.
4.2.5 The number of Miles that a Member may earn on his/her Account is not capped.
4.2.6 Miles are awarded exclusively by Miles Attack under the conditions provided in this Article 4. Miles Attack specifies, in this respect, that under no circumstances may a Member buy or sell Miles. However, Miles may be transmitted by one Member to another Member under the conditions provided for in Article 8 below.
4.3.1 Each Partner is responsible for establishing and updating a scale of attributable Miles for the sale of each of its services, which it will send to Miles Attack. This scale will be made available to Members on the Website on the Partner’s page.
4.3.2 The scale of Miles awarded to Members by Miles Attack when they join, participate in games, quiz, boosters or others offered on the Website, or in return for sponsoring new Members, is freely defined by Miles Attack who brings it to the attention of Members on the Website on the relevant operations page.
4.3.3 Subject to the provisions of paragraph 4.3.4, the Miles per Miles Attack award scales are updated annually. The same applies to the value, in Miles, of gift offers presented in the shop in accordance with Article 5. The value of gifts may be undergo price adjustments at any time, in particular according to the prices charged by suppliers or the cost of transport; the new prices come into force as soon as they are registered on the Website.
4.3.4 The Miles allocation scales and the value in Miles of gift offers may be modified at any time, at the hands of Miles Attack or the Partners alone (according to the Miles scale in question), on a temporary basis, as part of promotional offers, or on a permanent basis. Members will be informed of this by (i) sending an e-mail to the address they indicated when registering, or (ii) posting these changes on the Website.
Unless otherwise specified, changes in the allocation scales will take effect directly upon publication on the Website. Changes in the Mileage scales allocated for sales made in accordance with Article 4.1.1. will not apply to sales made before the date of publication of the changes, regardless of the date of allocation of the Miles in question.
4.4. Disputes concerning the allocation of Miles
4.4.1 Miles from the sale of reservations are allocated on the basis of data provided by the Partners. The Company is not responsible for any problems that may arise when reserving services with Partners or for any errors or omissions (voluntary or involuntary) in the transmission of the statement of services reserved via the Members. In the event of a dispute concerning the relationship between the Member and the Partner, the Member will have recourse against the Partner only. The Company may only be required to provide the Member with the list of reservations concerning him/her that were provided by the Partner.
Claims concerning the allocation of Miles must be made in writing and sent to the Company by email to the address [firstname.lastname@example.org] with a copy by registered mail. Claims must be received at Miles Attack no later than 2 months after the end of the month in which the Miles should have been entered in the “In progress” sub-account. The Member is stripped any right to make a claim after the end of this period.
4.4.2 In the event of a dispute concerning Miles resulting from participation in games, quiz, booster or others offered on the Website, the data recorded by the Company’s computer system or the Corporation’s partner, who is involved in the management of this game, quiz, booster or others will serve as proof of the result of these actions and may not be challenged in court.
In the event of a problem recording this data or with the operation of the systems used to manage these actions, the Company is entitled to refuse to award Miles for these actions.
ARTICLE N°5/ MILES ATTACK SHOP – CONVERSION OF THE MILES INTO GIFTS
The total number of Miles recorded on the Account in the “To be spent” sub-account entitles the Member to gifts. The nature of these gifts and their value in Miles are summarised on the Website under a tab entitled “Spend my Miles”. This tab details a certain number of “Showcases” classified (i) by theme and/or (ii) according to the cost in Miles of the gifts they include.
However, some themed showcases may not last as long, and the Member will be informed of this on the Website.
The Company itself determines the value of the gifts in MILES.
The gifts offered to Members may be products, services or vouchers. As soon as the Member has chosen a gift in the Miles Attack shop by placing it in his/her basket and validating his/her choice, a summary e-mail is sent to him/her by Miles Attack.
The Account is then debited with the Mileage value corresponding to the chosen gift.
Miles Attack has stock for some of the gifts in the Miles Attack shop. The others are included in specific orders from Miles Attack.
The Member may, at any time, check the status of the processing of their gift request, as the case may be, by completing a contact form directly accessible on the Website under the “Contact” tab or, if indicated on the Website, by calling Miles Attack on the telephone number provided to them under the “Contact” tab.
These general conditions apply to all orders placed through the website http://www.milesattack.com. AIR CORPORATE SYSTEM reserves the right to adapt or modify these general conditions at any time. In case of modification, the general conditions in force on the day of the order will be applied to each order.
Terms and conditions
Choose your gifts from the catalogue and enter a delivery address.
Please inform us of any change or additional address and contact details (telephone or e-mail) in order to ensure that your order is managed and tracked under optimum conditions.
It is also essential that you provide a mobile phone number for your order that we can reach you on easily during the day as well as your personal email address.
Confirmation email and order number
Once you have selected your gifts and your order has been validated, a confirmation email will be automatically sent to you. Your order number will be included in this email, which we advise you to print and keep.
Validation of orders and electronic signature
According to the law of 13 March 2000 on electronic signatures, any order form signed by the consumer using a “double click” constitutes an irrevocable acceptance which can only be challenged within the limits provided in these general conditions. The “double click” associated with the authentication and non-repudiation procedure, and the protection of the integrity of messages, constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
The beneficiary confirms that he/she has read these conditions before placing any order. The placing of an order on the website therefore implies full adherence to the Terms and Conditions and unconditional acceptance of the Terms and Conditions.
After validation of the order, no modification and/or cancellation will be accepted.
The date of validation of the order corresponds to the date of the online order or the date of receipt of your correspondence.
You can also track your order online: on the website, go to “My profile account”, “My orders” and check the status of your order.
AIR CORPORATE SYSTEM reserves the right to modify the gift offer by adding or deleting certain products, and to modify the MILES point value of the gifts at any time.
The products offered in this catalogue are exclusively for family use.
By their very nature, some products may present a risk of injury if misused. We recommend that you use a product only after reading its operating instructions and in strict compliance with these instructions.
The customer is solely liable for selecting a product. A total or partial inability to use the products, in particular because of the incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of AIR CORPORATE SYSTEM.
Availability of gifts
Due to product renewals from our suppliers, the item you ordered may no longer be available at the time of receipt of your order.
In this case, we guarantee that we will deliver a product with technical characteristics which are, at the very least, equivalent.
In the event of a possible non-replacement, following a cease in production for example, we will ask you to select a gift again or we will offer you a replacement product. In the event that none of these new choices is convenient for you, we will re-credit your MILES or refund you for your item if the replacement item is not suitable for you.
The photos and descriptions of the gifts on the website are not contractual.
Point value of the gifts
AIR CORPORATE SYSTEM reserves the right to modify the MILES point value of the gifts at any time but undertakes to apply the amounts indicated at the time of your order, subject to availability on that date.
Wines: for wine, in the event that a vintage is no longer available, another vintage will automatically be shipped. Keeping your interests in mind, and in order to respect the quality and value of the wines expected, we may deliver another wine. Alcohol abuse is dangerous for your health, consume in moderation.
Televisions: they must be declared by you to the Audiovisual Royalty Department.
Bicycles: all the bicycles offered comply with British legislation and are delivered 100% assembled.
To order bicycles or fabrics, please let us know your size on the website.
The delivery time may vary from 1 to 5 working weeks maximum, subject to product availability. This is an average time which depends on the destination, shipping method and availability of the item.
Orders cannot be cancelled on the grounds of exceeding this deadline and no compensation will be given, unless the delivery deadline exceeds 46 weeks, without your agreement. In this particular case, the order can be cancelled and the MILES credited back to your account.
The selected products are delivered by post or by an independent carrier. In the case of bulky or large products, the carrier may make an appointment by telephone to ensure delivery.
If the participant is absent during the scheduled delivery appointment, MILES points may be deducted from his/her account for a new delivery.
The goods are delivered by the carrier, in all cases, upon signature by the receiver of a delivery note.
Given the variety of gifts offered, an order which includes different items may be delivered at different times by different modes of transport.
AIR CORPORATE SYSTEM cannot be held responsible for the consequences of a delay in delivery by the Post Office or any other type of carrier.
AIR CORPORATE SYSTEM cannot be held responsible for failure to fulfil the contract signed in the event of unforeseen events, force majeure, disruption or total or partial strike, in particular involving postal services and transport and/or communications workers, bad weather or fire.
Delivery is usually made to the landing door, with your help if necessary. In case of access problems or a high floor your parcel will be delivered to you in front of your home if it is a house, or at the foot of the building if you are in an apartment. You must therefore plan how you will move your parcel to the appropriate location. Warning: a postcode is not a delivery address.
Acceptance is the act by which the recipient of the goods takes possession of them at the time of their delivery by the supplier or a designated third party (carrier).
Acceptance is given by the receiver, the participant or an individual authorised by the participant.
The goods are delivered by the carrier, in all cases, upon signature by the receiver of a delivery note.
It confirms the transfer of ownership.
The receiver is required to check the delivered goods are compliant at the time of delivery before signing the delivery note. Any anomaly involving the delivery (damage, missing product as compared to the delivery note, damaged parcel) must be indicated in great detail on the delivery note, accompanied by the signature of the receiver.
Any anomaly must detailed in written, precise and reasoned reservations on the delivery documents (waybill/ delivery note etc.) and in the presence of the driver.
CAUTION: you can take pictures of the packaging and the product but general comments such as the following: “”except for subsequent verification”” or “”subject to unpacking”” have no legal value.
Any refused product must be returned to the carrier as a whole and in its original packaging.
THEREFORE, IN THE PRESENCE OF THE CARRIER:
Check the number of packages indicated on the packing slip. If any are missing, accept delivery by indicating, on the packing slip, the number of missing parcels and items.
Check the condition of the parcels: if the parcels are damaged or show signs of impact, you must refuse them and indicate, on the packing slip, the notice “parcel refused, damaged parcel”. Do not hesitate to check the condition of the products inside the parcels, even if they do not show any signs of impact or are not damaged. Sometimes the products are damaged if they are handled carelessly.
In accordance with Article L.133.3 of the new Commercial Code, each participant has two days, not including public holidays, from the date of receipt of the goods, to send, by registered letter with acknowledgement of receipt, a reasoned complaint to the carrier and to send a copy of this correspondence by registered letter with acknowledgement of receipt to:
MILES ATTACK PROGRAMME at COUP DE POING – Service réclamation – 27 avenue Auguste Vérola, 06200 NICE.
Products that need to be returned must be returned within seven working days of delivery and at the expense of the participant. Products must be transported and delivered in exchange for a signature.
Any claim made after this deadline will not be accepted. Returned products can only be accepted in their original condition and the products must also be complete (packaging, accessories, instructions).
The deadline for obtaining vouchers (proof of delivery of the package with signature) is 30 days from the shipping date. In order to open an investigation, please send us a copy of your identity card as well as a sworn certificate.
After this period, the carrier will no longer be able to prove that the parcel has been properly delivered and therefore no claims can be processed. In this case, the supplier cannot be held liable in the event of a dispute.
IMPORTANT: no claim relating to the delivery of products (non-receipt, non-compliant, damaged or non-functioning product, request for proof of delivery) beyond one month after receipt of the goods will be taken into account by AIR CORPORATE SYSTEM.
5.3 Guarantees/After Sales Service
The After Sales Service is included under the manufacturer’s guarantee and is provided from the service centres of the manufacturers concerned. Transport to these centres remains the responsibility of the participant. Products must be transported and delivered in exchange for a signature.
In the that a product is returned to our gift service provider, the delivery remains the responsibility of the participant. Products must be transported and delivered in exchange for a signature.
Any total or partial reproduction, both in the United Kingdom and abroad, is prohibited, bearing in mind the legal provisions in force relating to artistic and intellectual property.
ARTICLE N°6/ VALIDITY PERIOD OF THE MILES
The Account is open for an indefinite period of time.
Miles available in the “Validated” sub-account are valid until 31 December of the calendar year following the calendar year in which they were credited to this sub-account. For example, all Miles credited between 1 January 2010 and 31 December 2010 in the “Validated” sub-account will remain valid until 31 December 2011.
In the event of gift purchases, the Miles that will be used will, as a priority, be the Miles that expire the soonest.
ARTICLE N°7/ PERSONAL ACCOUNT – TRANSMISSION OF MILES
The Account is strictly personal to each Member, and so is his/her login and password, which are confidential.
The Account may not be assigned to a third party in any way.
Only the Member can convert his/her Miles into gifts.
Miles Attack authorises the final and irreversible transfer of Miles acquired on a Member’s Account to another Member. All Miles, or only some Miles, may be transferred.
In order to do this, the Member that wishes to transfer Miles must complete a form available on the Website in which he/she agrees to the definitive transfer of all or part of the Miles available on his/her Account to another Member’s Account. Upon receipt of the form, Miles Attack transfers the required number of Miles from the Applicant Member’s Account to the Beneficiary Member’s account.
When a Member transmits all of his/her Miles, he/she may expressly request termination of his/her Miles Attack Account by completing the transfer form. Upon receipt of the form, Miles Attack deletes the Member’s Account and Miles Attack Code. He/she then irrevocably loses status as a Member.
ARTICLE N°8/ PERSONAL DATA
8.1 Processing of Requests
The information and personal data relating to the Member (“Personal Data”) are processed by Miles Attack as the data controller, as defined by GDPR (European Regulation n°2016/679 of 27 April 2016), and processing is strictly limited to membership of the Miles Attack programme and delivery of gifts and/or the management of the Order(s) placed by the Member on the Website.
The personal information collected by the Company in the membership form is intended for Miles Attack, which reserves the right to use it in the context of the Miles Attack Programme (in particular to contact and correspond with the Member and for marketing purposes as part of its activities.
The data is processed and stored in France according to secure protocols.
The exclusive purpose of the data processing is to:
– fulfil and manage the Member’s order
– improve service quality (personalised offers, combating fraud, identifying malfunctions, improving customer knowledge through anonymous statistical analyses)
– marketing communication.
The information collected and anonymised may be used for statistical and analytical purposes.
It is noteworthy that, in the membership form:
– Some of the information requested is mandatory. They will allow Miles Attack to manage memberships.
– Other information is optional, and the Member may decide whether or not to give this information. This information will allow Miles Attack to offer the services best suited to the Members’ circumstances.
The legal basis for these processing operations is based on the User’s contractual relationship with Miles Attack or on the User’s consent for commercial prospecting.
8.2. Data collected
Miles Attack collects the following data:
– the personal data indicated by the Member when creating his customer account on the Website. They are mandatory for reserving and managing the services offered; failure to provide this data may mean that the services cannot be provided;
– personal data related to the gifts reserved. They are mandatory and relevant for provision of the services..
8.3 Data transmission
Your personal data is transmitted to our partners in the European Union or outside the Union, in order to ensure proper execution of the service reserved on the Website and the tracking of the commercial relationship, and also, with your consent, to the service providers involved in our marketing communication.
Your personal data are stored for a period adapted to each processing and, in exceptional cases, for a period of 5 years, which corresponds to the limitation, under ordinary law, of liability actions and to meeting legal or regulatory obligations.
8.5 Member’s rights
The Member is entitled to:
– request access to his or her data
– rectify inaccurate data
– deletion (right to oblivion)
– limit processing of his or her data
– oppose the processing of his or her information and personal data. In such cases, it is noted that as a result of the deletion of his or her personal data, all or part of the services for which the latter are required as part of using the Website will no longer be accessible, for which Miles Attack and/or the Member’s employer cannot be held responsible or liable.
– data portability on a machine-readable medium,
– withdraw consent at any time for collections based on consent
which the Member can exercise by writing to Miles Attack, AIR CORPORATE SYSTEM, Programme Miles Attack, 25-29 rue de Anatole France, 92300 Levallois-Perret (FRANCE) or email@example.com, enclosing proof of identity with the request.
The Member has the right to make an appeal relating to the processing of his or her personal data with the French Data Protection Authority (CNIL)
ARTICLE 9 / RESPONSIBILITY
The company does not accept any responsibility or liability in the event of improper use of the Account or Miles or the use of the Account or Miles by an unauthorised third party.
The Member must keep his or her login and password confidential and is responsible and liable for any use of this login and password by third parties and for any actions taken by using the login and password in question.
If the Member should have reasons to believe that the confidentiality of his or her login and/or password has been compromised, he or she should immediately contact the Company and request a new login and password.
The Company reserves the right to take any steps it deems appropriate in the event of fraudulent use or misuse of the Account.
Any failure to comply with these Terms and Conditions and/or any falsification of information sent to Miles Attack will automatically lead to the termination of the Member’s membership and the cancellation of his or her Miles.
The Website is made available to Members as is. Although the Company makes every effort to ensure that the Website is error-free and up-to-date, it cannot be held responsible or liable in the event that the Website content is not up-to-date or contains errors, except in the case of fraud on its part. Moreover, the Company cannot be held responsible or liable for any viruses, malware, Trojans, or other malicious software that could be transmitted while using the Website or in emails sent in connection with the Miles Attack Programme. Members are responsible for having the firewall and antivirus software required to prevent any such infections.
The Company does not guarantee that the Website will be available and accessible to Members at all times. The Company is only bound by an obligation to use all reasonable means to ensure this accessibility, bearing in mind that the Website may be temporarily unavailable on account of maintenance, in the event of attacks by third parties, in the event of force majeure or unforeseeable circumstances or more generally due to actions of third parties (e.g. the website host), or as a result of orders given by administrative or judicial authorities.
The Company cannot be held responsible or liable for any problems that may result from Members using the Internet, particularly problems with logging into the Website, login delays, and problems that may arise when data is transferred between Members and the Website.
Images of gifts that Members may purchase are not contractual and are only given by way of example.
The Company cannot under any circumstances be held responsible or liable for any direct or indirect damage resulting from any malfunctioning that may affect the gifts purchased by Members, subject to mandatory legal provisions to the contrary.
Moreover, the Company does not accept any responsibility or liability in the event that a gift requested by a Member is out of stock or if it is unable to obtain the gift requested.
The Miles Attack Member shall be responsible for the disclosure and settlement of any personal tax liabilities if there is such regulation in place in the country of residence or business location.
ARTICLE 10 / AMENDMENTS TO THE TERMS AND CONDITIONS – SUSPENSION/TERMINATION OF MILES ATTACK
The Company is entitled at any moment to freely decide to amend or supplement the Terms and Conditions. Similarly, the Company reserves the right to interrupt, amend, or terminate the Miles Attack Programme.
In this respect, the Company will inform Members of any amendments made (i) by sending an email to each Member to the address provided upon signing up, or (ii) by publishing these amendments on the Website. Any amendments introduced will apply to Members.
No amendment, including termination of the Miles Attack Programme, will entitle the Member to compensation.
In the event that the Miles Attack Programme is terminated, the Miles collected by the Member up to the termination date may be spent on gifts for the rest of the calendar year. If they are not redeemed, they will be definitely lost on expiry of that period.
ARTICLE 11 / APPLICABLE LAW AND COMPETENT COURT – LANGUAGE
The Terms and Conditions and the Miles Attack Programme are governed by and construed in accordance with French law. Any dispute relating to the Terms and Conditions and their interpretation and/or enforcement or the application of the Terms and Conditions or the Miles Attack Programme will fall within the exclusive competence of the Paris Commercial Court.
The Terms and Conditions have been drafted in French and in English (and, where appropriate, in the language of the country where the Member resides).
The French version is the only version that prevails and binds the parties; nevertheless, the English version (and, if applicable, the version drafted in the language of the country where the Member resides) is a recognised and accepted translation and no other translation may therefore be required to construe the Terms and Conditions.