Welcome to BML Bank’s Loyalty Program Website. These Terms and Conditions (referred to hereinafter as: T&C) govern BML Bank’s Loyalty Program (as hereinafter defined). By accessing any page of this Website and/or using it and the services it offers, Member declares that Member read, understood, and accepted the following terms, conditions, and disclaimers in full and hereby agrees to comply with and be bound by them, including any future modifications to them, without limitation or qualification.
1.1. The T&C govern the earning and redemption of BMLoyalty Program Points, the membership to BML Bank’s Loyalty Program and the use and access to BML Bank’s Loyalty Program’s website.
For the purpose of the T&C, the following terms shall have the following meaning:
2.1. BMLoyalty Program shall mean the loyalty program operated by BML pursuant to which Member earns BMLoyalty Program Points by performing Eligible Transactions through his Card(s) and then redeeming the earned BMLoyalty Program Points for Rewards.
2.2. BMLoyalty Program Points shall mean the points earned by a Member under BMLoyalty Program and credited to a Member's Account. They can be redeemed for Rewards.
2.3. Card(s) shall mean all debit, credit cards that are issued and considered by BML to be included in the loyalty program and that Member holds or becomes a holder of. However BML has the right to exclude or include different types and kinds of the cards that BML issues, from and to BMLoyalty Program.
2.4. Card’s Account shall mean an account of all payments and charges debited or payments credited in respect of Member’s use of his Card; this account is at BML.
2.5. Card Limit shall mean the maximum permitted amount that each Member shall be permitted to charge to his Card as assigned by BML from time to time.
2.6. Coupon shall mean a digital number obtained through a redemption process and used to redeem for specific goods or services.
2.7. Member shall mean the individual (basic Card holder) who is a member of
2.8. Member’s Account shall mean a loyalty account that is used by a Member within BMLoyalty Program to earn and redeem BMLoyalty Program Points. The Account is personalized on the Website and each Member can access his account individually.
2.9. Member Content shall mean material including without limitation; Member’s personal information, information related to Member’s Card and Transactions, Member’s Account and instructions, content, text, messages, images, photographs, drawings, descriptions, audio material, video material, audio-visual material or other information that Member may, for whatever purpose, post, upload, submit, email, transmit or otherwise make available to and through the Website and/or to BML, alone or as part of other works in any form, media or technology whether now known or hereafter developed. Member shall be solely responsible for all Member Content, their correctness and accuracy.
2.10. Merchant(s) shall mean a retailer, or any other person, firm or corporation at which Member purchases goods or services through his Card.
2.11. Reward’s Merchant(s) shall mean a retailer, or any other person, firm or corporation from which BML offers Rewards to Member in redemption of BMLoyalty Program Points earned by Member pursuant to the T&C.
2.12. PIN Code shall mean a code sent to Member at the time of the activation of
Member’s Account and used for accessing Member’s Account on the Website.
2.13. Reward(s) shall mean goods or services supplied, by or on behalf of BML, from Reward’s Merchants and which Member can redeem through an appropriate accumulation of BMLoyalty Program Points.
2.14. T&C shall mean the terms and conditions set out herein unless stipulated otherwise.
2.15. Transaction(s) shall mean the transactions that are performed by Member through using his Card including the purchases of goods and services from Merchants.
2.16. Eligible Transaction(s) shall mean certain Transactions that are determined in the T&C, and through performing them Member will be granted BMLoyalty Program Points as stipulated herein.
2.17. Website shall mean the pages and the screens applicable to BMLoyalty Program available at www.BMLoyalty.com.
2.18. Website Catalogue shall mean the catalogue that is designed on the Website and which contains all the Rewards.
2.19. Website Content shall mean all the content used in connection with, incorporated or contained in or presented through the Website, includes but is not limited to:
information, services, products, data, text, files, images, graphics, graphical user interface, video, sounds, audio works, works of authorship, applications, forms, diagrams, software (including any html, java script, java, CGI script or any other computer code), animation files, and their arrangement and any other materials or content found on the Website.
3. BMLoyalty PROGRAM MEMBERS
3.1. The Members in BMLoyalty Program are the current or future holders of the basic
Card(s). The Members benefit from all the privileges that BMLoyalty Program offers.
3.2. Enrollment in BMLoyalty Program is free of charge and automatic.
3.3. Member will earn, accumulate and redeem BMLoyalty Program Points through the methods stated herein.
3.4. BML will set up a Member’s Account to record BMLoyalty Program Points earned or redeemed by Member.
4. BMLoyalty PROGRAM POINTS ACCUMULATION
4.1. Member will earn BMLoyalty Program Points relative to the amounts charged, billed and paid for Eligible Transactions on his Card Account. The number of BMLoyalty Program Points a Member may earn is determined according to Member's Card type in accordance with BML’s terms that regulate the Cards, such as:
4.1.1. Every 1 (one) United States dollar spent using a MasterCard Titanium, MasterCard
Platinum, Visa Platinum, Visa Signature or a Visa Infinite Card will result in the earning of
1 (one) BMLoyalty Program Point
4.1.2. Every 1.5 (one and half) United States dollar spent using a MasterCard Classic or a
Visa Classic will result in the earning of 1 (one) BMLoyalty Program Point
4.2. Eligible Transactions are the Transactions which are performed by Member in purchasing goods and services from Merchants excluding the following Transactions: Casino, cash advances, debit interest, annual fees and any other charges, balances transferred, returned or refunded purchases, late payment fees, over limit fees, cash advance fees, ATM cash withdrawal, ATM cash deposit, credit transactions, and disputed unauthorized fraudulent transactions.
4.3. Member can earn BMLoyalty Program Points by using his basic and/or supplementary Cards for Eligible Transactions. Regardless of the number and types of Cards that Member may hold, Member will have one Member’s Account which will reflect all the BMLoyalty Program Points earned by Member by the usage of all types of Cards he holds.
4.4. BMLoyalty Program Points can be transferred to another Member’s Account. The transfer will be subject to a transfer fee equivalent to 5% of the amount transferred.
4.5. BMLoyalty Program Points accrued are not redeemable for cash and have no monetary value.
4.6. The calculation of BMLoyalty Program Points earned in accordance with the T&C is not affected or reset in the event a Member’s Card is lost, stolen or re-issued as long as Member informed BML of the fact that his Card was lost or stolen and the lost or stolen Card was blocked before any fraudulent or unauthorized Transactions were made through it.
4.7. The calculation of BMLoyalty Program Points earned in accordance with the T&C will be affected negatively in case Member reverses any Eligible Transaction which had been affected through the Card.
4.8. Member has a period of 30 (thirty) calendar days from the date Member terminates or cancels his Card Account, to redeem all his accrued BMLoyalty Program Points.
4.9. In the event that Member terminates or cancels his Card Account and, within 30 (thirty) calendar days of such termination or cancellation, Member opens a new eligible Card Account, any accrued BMLoyalty Program Points will be retained by Member in the adequate proportion (if applied) as to the Card Type.
4.10. BMLoyalty Program Points cannot be redeemed until credited to a Member’s
4.11. The accumulation of BMLoyalty Program Points does not entitle a Member to any vested rights, and in accumulating BMLoyalty Program Points, Member understands that he may not rely on the continued availability of any Reward.
4.12. BML will not be responsible for any delay in the posting of BMLoyalty Program
Points. BMLoyalty Program Points will not be available for redemption immediately
after they are earned because the processing and crediting of BMLoyalty Program Points on Member’s Account needs adequate time. The number of days as to when BMLoyalty Program Points will be credited and reflected in Member’s Account will depend on the respective Merchant that Member has earned BMLoyalty Program Points at. Hence, for avoidance of doubt, the time period for BMLoyalty Program Points to be credited and reflected in Member’s Account varies from Merchant to Merchant and will depend on the respective Merchants themselves.
4.13. BML reserves the right to refuse to grant BMLoyalty Program Points:
4.13.1. To the extent that any Eligible Transaction results in the Card Limit (including a temporary limit) being exceeded; or
4.13.2. To the extent that any Eligible Transaction is debited against credit funds in the
4.14. BMLoyalty Program Points can only be earned, held, transferred or redeemed as set out in the T&C. Any other use, award, sale, exchange or transfer of BMLoyalty Program Points, or attempt to do so, is a serious breach of the T&C. Any BMLoyalty Program Points not earned, held, transferred or redeemed in accordance with the T&C will be invalid and cannot be redeemed for Rewards. Any such BMLoyalty Program Points on a Member’s Account will be deducted and, if they are redeemed, BML will attempt to cancel the relevant Rewards and BML may take other appropriate action.
4.15. Where BMLoyalty Program Points are redeemed for a Coupon carrying a specified cash discount or benefit, the Coupon will have an expiry date specified on it and will be subject to any other terms and conditions stated on the Coupon or otherwise publicized.
4.16. The Cardholder will not accumulate points for any transactions processed and billed by his/her card prior to the program launching date.
5. REDEMPTION AND REWARDS
5.1. BMLoyalty Program Points can only be redeemed by Member (holder of the basic Card and not holder of the supplementary Card) once Member’s Account is activated by entering the PIN online on the Website.
5.2. BMLoyalty Program Points may only be credited, accrued, and redeemed on an open and active Card Account.
5.3. All Rewards are subject to availability and stocks may be limited and restrictions may apply as to where and when Rewards can be redeemed.
5.4. Rewards can only be selected from the Website Catalogue current at the time of redemption, subject to any changes as BML may deem appropriate.
5.5. At the time of requesting the Reward, Member’s current BMLoyalty Program Points balance must be at least equal to the total of the BMLoyalty Program Points value of the Reward Member is requesting.
5.6. Member shall be responsible to evaluate the quality, adequacy, completeness, correctness and usefulness of the Reward Member wishes to redeem.
5.7. Each time Member redeems his BMLoyalty Program Points then his BMLoyalty Program Points balance is deducted by an amount similar to the amount redeemed. The outstanding accrued BMLoyalty Program Points will remain available to be redeemed
for any other current Rewards.
5.8. BML allows Member to claim selected Rewards with a combination of cash and a number of BMLoyalty Program Points.
5.9. The number of BMLoyalty Program Points required to redeem any Reward found on the Website Catalogue may change without prior notice.
5.10. If a Reward is out of stock, Reward’s Merchant may suggest a replacement and it is Member’s decision to accept or refuse the replacement. Where a replacement is not taken then BMLoyalty Program Points will be credited back into Member’s Account.
5.11. Some Rewards may differ slightly from the image shown on the Website
5.12. There is NO TRIAL PERIOD for all Rewards redeemed.
5.13. According to Member’s instructions, Rewards will be delivered to the latest address given by Member to BML or the address provided at the time of the redemption. The delivery duration will be adequate. The delivery will be charged to Member by the deduction of BMLoyalty Program Points from Member’s Account.
5.14. The delivery of a Reward may be suspended if, for any reason whatsoever, Member’s Account had a negative balance or the BMLoyalty Program Points balance became, for any reason whatsoever, less that the number of BMLoyalty Program Points needed in redemption of the Reward.
5.15. Member will make sure that the Reward delivered is the Reward that he chose in redemption of BMLoyalty Program Points before opening it. The Reward cannot, after it is opened, be returned, refunded or exchanged for another similar Reward, or BMLoyalty Program Points or other Rewards, with the exception of electrical appliances that have a manufacturing defect, in such cases the Reward’s Merchant’s warrantee will apply and Member must revert to the Reward’s Merchant for support and assistance.
5.16. BML reserves the right, but has no obligation, to become involved, in any way, in
any disputes that may arise between Member and Reward’s Merchants.
5.17. Member is liable to settle any taxes or charges or duties that may become payable in regards to the Rewards.
5.18. Rewards are subject to all applicable legal terms and the terms and conditions (including booking requirements, cancellation restrictions, return conditions, warranties and limitations of liability) of the Reward’s Merchants.
5.19. Rewards (excluding Coupons) which are not claimed within six months after the date of redemption will expire if Member is unreachable at the address he provided BML with.
5.20. Any redemption request made and ordered by Member, cannot be revoked, cancelled, changed, returned or exchanged by Member. All BMLoyalty Program Points redeemed will not be credited back into Member’s Account.
5.21. Member acknowledges and confirms that Member shall be bound by redemptions made until such time as BML has received written notification from Member that Member’s Account was violated, apart from any redemption which though BML used its reasonable endeavors was unable to stop the processing of.
5.22. BML reserves the right not to process any such redemption if BML has any reason to doubt its authenticity or if in BML’s opinion it is suspicious in nature, unlawful or otherwise improper to do so or for any other reason.
5.23. Special conditions may apply in relation to certain Rewards including, but not limited to, travel Rewards, and the latter are subject to the terms upon which a Reward’s Merchant makes the Reward available, in addition to the T&C.
5.24. Member is responsible for any and all travel or accommodation arrangements which Member makes in connection with any Reward.
5.25. Rewards cannot be replaced if lost, stolen or otherwise destroyed.
6.1. Coupons are issued for use at the specified Reward’s Merchant and for the specified
Reward. They must be indicated at the time of purchase for the Reward to be delivered.
6.2. Coupons can only be used once and have a validity of 6 months and are not valid beyond the expiry date indicated on the Coupon. If the specific Reward is out of stock and Member decided not to take a replacement, the Coupon can be cancelled at any time within the 6 months validity period. If Member redeems Coupon for an item of higher value than the original specific Reward, Member may wish to pay the excess value in cash but acceptance will be up to the Reward’s Merchant’s discretion. On the other hand, if Coupons are redeemed against an item of lesser value than the original specific Reward, no change will be given.
6.3. Coupons should be treated like cash but they cannot be exchanged for cash, sold or transferred for value. The Rewards redeemed with Coupons are the responsibility of the Reward’s Merchant and not BML.
6.4. For lost Coupons, Member should contact BML Call Center on 01-987777. Coupons will be re-issued or refunded within 10 working days.
7. WITHDRAWAL OF BMLoyalty PROGRAM POINTS
7.1. BML reserves the right to stop granting Member BMLoyalty Program Points and/or to withdraw the accumulated BMLoyalty Program Points from Member’s Account, at its sole and absolute discretion, and without any prior notice given to Member, without
any liability whatsoever for any loss or damage suffered by Member, at the occurrence of any of the below circumstances:
7.1.1. If Member defaults in payment of any of his Cards’ due balances. However BML reserves the right, at its sole discretion, to return the withdrawn BMLoyalty Program Points to Member’s Account if Member resumes complete payment of his Card’s due balance.
7.1.2. If the Card Limit is exceeded.
7.1.3. If BMLoyalty Program Points were credited in Member’s Account in error.
7.1.4. If Member obtains a refund or reimbursement for charges previously incurred on the Card (for example, for returned goods or services which Member had purchased through the Card). A ‘credit’ will be issued to Member’s Card Account in the amount of the reimbursement granted. Such credits to a Member’s Card Account including, but not limited to, those arising from returned goods or services, Card theft and fraudulent use, will reduce the BMLoyalty Program Points accrued to Member’s Account, in proportion to the amounts adjusted to Member’s Card Account. Member’s Account may have a negative balance and in such a case BMLoyalty Program Points which may be earned in the future will be used to compensate the negative balance until the latter becomes positive.
7.1.5. If the Card was used to purchase illegal goods or services.
7.1.6. If any irregular, unusual, suspicious, illegal, unauthorized, fraudulent activities or suspected misuse have occurred on the Card. BML does not owe Member any duty and/or obligation whatsoever to monitor and block the use of the Card for any unlawful activities.
7.1.7. After the lapse of 30 (thirty) calendar days of the date the Card was cancelled, (whether the cancelation was based on the Member’s request or BML’s decision according to its absolute discretion).
7.1.8. For Eligible Transactions processed through the Card after Member notified BML
that the Card was lost or stolen.
7.1.9. If the Card is used in a manner other than as permitted by BML according to all that is stipulated in all the contracts and documents signed by Member at BML and with BML.
7.1.10. If BML discovers that Member furnished false or misleading information to BML concerning Member’s personal details and any other information provided by Member in the course of his dealing with BML.
7.1.11. If Member commits or threatens to commit a default or breach of any agreement, covenant, or stipulation as set out in the T&C, and in any other terms and conditions as stipulated in all the contracts and documents signed by Member at and with BML.
7.2. In all the above-mentioned circumstances, BML reserves the right not to reimburse any balances of BMLoyalty Program Points which existed in Member’s Account, at BML’s sole discretion.
8. RESOLUTION OF DISPUTES
8.1. Any alleged discrepancy in relation to BMLoyalty Program Points (including the balance of BMLoyalty Program Points or the redemption of BMLoyalty Program Points) must be notified in writing by Member to BML within 7 (seven) working days from the discovery of the alleged discrepancy, together with a legible copy of the purchase receipt and any other documents that endorse Member’s allege.
8.2. BML reserves the right to adjust the number of BMLoyalty Program Points in Member’s Account retrospectively in the event of incorrect entries made to it, whether due to BML's error or otherwise.
8.3. All queries regarding the eligibility for the BMLoyalty Program or the eligibility of BMLoyalty Program Points for accrual or redemption which arise in connection with a Member’s participation in the BMLoyalty Program and which are not resolved herein, will be resolved by BML at its sole discretion.
8.4. Any disputes arising over BMLoyalty Program Points as stated on the Website must be notified to BML within a period of 1 (one) month from the date the BMLoyalty Program Points were stated on the Website. Member will provide BML with supporting documents that assert his claim. If BML does not receive any notifications from Member within the stipulated time frame of any disputes or inaccuracies in regards to BMLoyalty Program Points, then the BMLoyalty Program Points stated on the Website will be taken to be correct, final and binding on Member. BML’s decision on any such disputes is final and conclusive.
9.1. In line with BML’s commitment to upgrade and continuously improve BMLoyalty Program’s services and benefits, BML may from time to time at its sole and absolute discretion;
9.1.1. Review and revise any of the features, benefits, functions and the Website Content in general appearing in the pages of the Website. BML may release new versions of the Website or create new modules related thereto.
9.1.2. Revise, amend, add and delete any of the T&C, for example, BML may:
126.96.36.199. Change the ways in which BMLoyalty Program Points are earned.
188.8.131.52. Change the ways in which BMLoyalty Program Points may be redeemed including the amendment of the number of BMLoyalty Program Points that are required to be redeemed against any of the Rewards.
184.108.40.206. Add, remove, substitute or change Rewards.
220.127.116.11. Amend, include, or exclude the different types and kinds of Cards that are subject to the BMLoyalty Program.
18.104.22.168. Add, remove, substitute or change Reward’s Merchants.
22.214.171.124. Add new concessions or benefits.
126.96.36.199. Change or remove any concessions or benefits.
188.8.131.52. Include or exclude specific types of Transactions from the Eligible Transactions list.
184.108.40.206. Each of the amendment clauses mentioned in this Article is a separate right and each clause is to be read as if it was a separately expressed right.
9.2. The revised and amended T&C will be set on the Website.
9.3. Member agrees to review the T&C set on the Website regularly. Member’s continued access to the Website and/or Member’s continued use of the Website and/or the services provided herein and/or Member’s continued earning and redeeming of BMLoyalty Program Points on a Member’s Account shall be deemed to constitute an acknowledgment and acceptance of such amendments without reservation by Member.
10.1. BML may transfer, sub-contract, sublicense or otherwise deal with BML’s rights and/or obligations under the T&C without notifying Member or obtaining the latter’s consent.
10.2. Member may not transfer, sub-contract, sublicense or otherwise deal with Member’s rights and/or obligations under the T&C including without limitation, access to the Website.
11.1. Member can contact BML by calling BML Call Center on 01-987777 or through accessing the Website. BML may record calls to check the quality of its services or for training, audit or security purposes.
11.2. Information as to Eligible Transactions, information about the number of BMLoyalty Program Points credited or debited, information about the number of BMLoyalty Program Points accumulated by Member and any information relating to BMLoyalty Program subsequently disclosed by Member to BML may be sought, collected, used or disclosed for one or more of the following purposes:
11.2.1. Administering BMLoyalty Program and the provision or performance of services relating to BMLoyalty Program; and/or
11.2.2. Planning, research, and the promotion and marketing (whether targeted, direct or indirect) of services or products of BML. Each Member specifically authorizes BML and any of its employees, officers, agents or contractors which have been engaged to administer BMLoyalty Program to:
220.127.116.11. Seek access to, collect and use that information; or
18.104.22.168. Disclose that information between themselves, for the above purposes.
11.3. BML may provide information in articles BML posts on the Website only for educational and general informational purposes and not as professional advice. BML has made no attempt to verify any information contained in any such articles.
12. MEMBER’S AUTHORISED USAGE OF THE WEBSITE
12.1. Member can access and use the Website, in good faith, as frequently as desired in order to benefit from the services provided within the Website, including but not limited to; obtaining information about; BMLoyalty Program, Member’s Account, the latter’s earned BMLoyalty Program Points, the Rewards and as such to redeem Rewards.
12.2. Member agrees to abide by all the restrictions displayed on the Website and/or within the Website, as and when they are updated from time to time. Moreover, Member’s access and usage of the Website will always be in a manner consistent with any and all applicable laws.
12.3. It shall be Member’s own responsibility to ensure that any products, services or
information available through the Website meet Member’s specific requirements.
12.4. BML reserves the right to restrict Member’s access to certain areas of the Website, or indeed to the entire website, at any time, at BML’s full and sole discretion without notice or explanation.
13.1. BML hereby grants Member, and solely for the purposes outlined herein, a non- transferable, non-exclusive, revocable, limited and non-sub licensable license to access and use BML’s Website any released new versions of the Website or new modules created related thereto.
13.2. In exchange for Member’s use of the Website, Member hereby grants BML an unlimited, perpetual, irrevocable, fully-paid, royalty-free, transferable (in whole or in part), assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform and display any and all of Member Content, and to sublicense such rights through multiple tiers of sub- licensees, in connection with BML performing the services described herein. Member irrevocably waives, and causes to be waived, against BML, of its employees, officers, agents or contractors any claims and assertions of moral rights or attribution with respect to Member Content.
13.3. BML displays all the Website Content according to its sole and absolute discretion and will.
14. MEMBER CONTENT
14.1. Member is solely responsible for the veracity and accuracy of all Member Content posted, uploaded, transmitted, emailed or otherwise made available on, through or in connection with BMLoyalty Program and Member’s access and usage of the Website. BML shall not be required to review or monitor Member Content.
14.2. Member warrants and represents that Member Content complies with all applicable laws and the T&C. Also that Member Content shall not be illegal or unlawful, shall not infringe any third party's legal rights and shall not be capable of giving rise to legal action whether against Member or BML or a third party (under any applicable law).
14.3. BML reserves the right to edit or remove any of Member Content submitted to the
Website, or stored on the Website’s servers, or hosted or published upon the Website.
14.4. BML may block the sending of any inquiry or other Member Content that BML
deems inappropriate at its sole discretion.
14.5. Notwithstanding BML’s rights under the T&C in relation to Member Content, BML does not undertake to monitor the submission of Member Content to, or the publication of such content on, the Website.
14.6. Member acknowledges, consents and agrees that BML may access, preserve or disclose information Member provides to the Website, including Member Content, when BML has a good faith that such access, preservation or disclosure is necessary in order to:
(i) Protect or defend the legal rights or property of BML or any of its affiliated companies, or employees, officers, agents and contractors (including enforcement of BML’s agreements);
(ii) Protect the safety and security of Members of BMLoyalty Program;
(iii) Protect against fraud or for risk management purposes; or
(iv) Comply with the law or legal process.
15. UNAUTHORIZED USE OF THE WEBSITE
15.1. Member must not, directly or indirectly, republish, sell, rent, lease or sub-license, edit or otherwise modify the Website Content.
15.2. Member must not, directly or indirectly, reproduce, duplicate, copy, photocopy, print, display or otherwise exploit all or any part of the Website, for commercial purposes, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, for any reason whatsoever.
15.3. Member must not, directly or indirectly, translate, transmit, distribute, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any part of the Website, the content or any information or materials retrieved from the Website, including, without limitation, graphics and logos, in whole or in part, for any purpose whatsoever.
15.4. Member must not use the Website or any business listings, contract information or other content, to promote another business or commercial venture.
15.5. Member must not create compilations or derivative works of the Website or the
15.6. Member must not, directly or indirectly, use the Website for the benefit of any third party except as specifically contemplated under the T&C.
15.7. Member must not, directly or indirectly, use the Website to post, upload, transmit, convey, submit, distribute, store, destroy or link to any Member Content: (a) in violation of any applicable law, statute, ordinance or regulation; (b) in a manner that will infringe the intellectual property rights, trademark, patent, trade secret, contract or other rights of others; (c) that is defamatory, obscene, offensive, harassing or trade libelous; (d) that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to interrupt, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, software or hardware or telecommunications equipment, or data or personal information; (e) that is false,
misleading or inaccurate in any way; or (f) in violation of any acceptable use policy or other policy posted at the Website from time to time.
15.8. Member must not interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to Member’s Accounts, the Website including BML's servers, networks.
15.9. Member must not cover, remove, disable, block or obscure advertisements or other portions of the Website.
15.10. Member must not use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from BMLoyalty Program, or to circumvent or modify any security technology or software that is part of the Website.
15.11. Member must not send or cause to send (directly or indirectly) unsolicited bulk messages (also known as "spamming") or other unsolicited bulk communications of any kind or chain letters through the Website. If Member does not abide by this then Member acknowledges that he will have caused substantial harm to BML, but that the amount of harm would be extremely difficult to measure.
15.12. Member must not use this website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, threatening, abusive, harassing, defamatory, libelous, deceptive fraudulent or harmful, invasive of another's privacy and rights, tortious, or otherwise violates BML's rules or policies or in connection with any such purpose or activity.
15.13. Member must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
15.14. Member must not, directly or indirectly, violate or attempt to violate the security of the Website.
15.15. Member must not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Website, including, without limitation, any of the software comprising or in any way making up a part of the Website.
15.16. Member must not, directly or indirectly, export, re-export or permit any third party to export or re-export, directly or indirectly, the Website where such export or re- export is prohibited by applicable law without appropriate licenses and clearances.
15.17. Member must not use the Website Content or any other materials from the Website in any manner that may infringe upon any copyright, intellectual property right, proprietary right, property right, patent, trademark, trade secret, privacy or any other rights, of BML or any third party.
15.19. Member shall defend and indemnify BML, at Member’s sole cost and expense, from and against any claims, damages, liabilities and/or expenses arising out of Member’s breach of any of Member’s obligations or representations set forth in this section.
15.20. BML reserves the right, but disclaims any obligation or responsibility, to remove Member Content that violates the T&C, as determined by BML at its sole discretion. Member acknowledges that BML reserves the right to investigate and take appropriate legal action against anyone who, in BML's sole discretion, violates the T&C, including but not limited to, terminating their Member’s Account and/or reporting such Member’s conduct, or activity to law enforcement authorities.
15.21. Member must not use the Website and or any communications service, chat room, message board, blog, forum, newsgroup, or other interactive service that may be available to Member on or through the Website to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that: (1) is false, or (2) contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals, or (3) includes any inside information and/or proprietary or confidential information learned or disclosed under nondisclosure agreements, or (4) Member is restricted from using under any law, or (5)
infringes upon the intellectual property rights of any third party, or (6) contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functions of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other party.
15.22. Member must not attempt, facilitate or encourage others to do any of the foregoing.
16. THIRD PARTY CONTENT
16.1. The Website Content may contain and/or provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories,
advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website ("Third Party Content") that may include content Member finds to be offensive, indecent or objectionable. The third party from whom or which any such Third Party Content originates is solely responsible for such Third Party Content and BML assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, BML has no liability of any kind to Member or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless BML expressly states in writing to the contrary, BML neither endorses nor adopts as its belief any such statements and must not be regarded as the publisher of such Third Party Content.
17.1. Links from or to web-sites outside the Website are meant for convenience only. BML does not investigate, review, endorse, approve or control, and is not responsible for any web-sites linked from or to the Website, the availability and content of those web-sites, the third parties named therein, or their products and services. Such web- sites are owned and/or controlled and/or maintained by third parties. When Member engages with a third party site, Member is interacting with the third party, not with BML. Linking to any other site is at Member’s sole risk and BML will not be responsible or liable for any damages in connection with such linking. Links to downloadable software sites are for convenience only and BML is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
17.2. It is Member’s responsibility to take any protective measures to guard against viruses and other destructive elements. Member may not create a link to the Website from another website or document.
18. BML RECORDS
18.1. Member acknowledges and agrees that BML's records and any records of the instructions, communications, operations, Eligible Transactions, or of all the processes pertaining to the earning, accumulating, and redeeming of BMLoyalty Program Points, made or performed, processed or effected through BMLoyalty Program, or any record of instructions, communication, operation, and redemption relating to the access and usage of the Website and any record of any instruction, communication, operation, and
redemption maintained by BML or by any relevant person authorized by BML relating to or connected with the Website shall be binding and conclusive on Member for all purposes whatsoever and shall be conclusive evidence of the Eligible Transactions, instructions, communication, operation, and redemption and the liability of BML, as though such instructions, communication, operation, and redemption were written documents.
18.2. Member hereby agrees that all such records are admissible in evidence and that Member shall not challenge or dispute the validity, admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or were produced by or are the output of a computer system, and hereby waive all of Member’s rights (if any) to so object. Member hereby waives any such right Member may have at law.
18.3. The entering of the correct username and PIN Code / password of Member’s Account on the website shall constitute sufficient proof of the authenticity of any instructions resulting. BML is under no obligation to verify the identity or the authority of the person entering such information and data.
19. COSTS AND EXPENSES
19.1. Member hereby agrees that if BML initiates legal proceedings against Member because of a default in the terms of the T&C, then Member shall be liable to pay to BML all legal costs (including lawyers’ fees), other costs, charges and expenses which BML may incur in enforcing or seeking to enforce any of the provisions of the T&C and any provision granted to BML by law.
20. DISCLOSURE OF INFORMATION
20.1. BML and its officers, employees and agents shall be entitled to disclose and Member irrevocably consents to BML’s and its officers’, employees’ and agents’ disclosure to any third party, of any information pertaining to Member, Member’s Account, Member Content, Transactions’ details, and records in any manner and to such extent as BML may at its sole and absolute discretion deem fit in order to fulfill BML’s obligations hereunder, including but not limited to: any merchant or affiliate to BML, and/or any other party engaged by BML to enable or assist BML in the provision of services or to exercise or enforce BML’s rights hereunder and/or any other party whomsoever as BML may, at its sole and absolute discretion, deem fit and/or in compliance with the law or with the order of any court or government or regulatory authority according to all the applicable Lebanese Laws. Thereby Member irrevocably releases BML from the banking secrecy obligation in regards to the provisions of the
20.2. BML will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Member’s disclosure to third parties of Member’s personal information.
20.3. Member acknowledges and agrees that BML does not warrant the security of any information transmitted using the Website and Member hereby accepts the risk that any information transmitted or received using the Website may be accessed by unauthorized third parties and/or disclosed by BML and by its officers, employees or agents to third parties purporting to be Member or purporting to act under Member’s authority.
21.1. BML makes no warranties or representations, either expressed or implied, and expressly disclaims any and all liabilities (including for consequential damages) with respect to type, quality, standard, fitness, safety or suitability for any purpose of Rewards provided under BMLoyalty Program. Warranty claims should be directed to the Reward’s Merchant in accordance with the latter’s warranty information (if applicable). Any liability that cannot be fully excluded is limited, where permitted, to replacing or repairing the Reward or reimbursing the BMLoyalty Program Points back to the relevant Member’s Account, at BML’s full discretion.
21.2. BML accepts no liability with respect to death, injury or any consequential loss arising from the supply of a Reward and/or Coupon or from the loss, theft or destruction or unauthorized use of a Member’s PIN Code, Reward and/or Coupon whether in the course of delivery or otherwise.
21.3. BML and/or Reward’s Merchant are not responsible for the unauthorized use of Coupons. Reward’s Merchant terms and conditions also apply on the use of Coupons and on the Rewards.
21.4. It is Member’s responsibility to ensure the PIN Code, passwords, and the details of Member’s Account are not compromised, shared with anyone even with the holder of the supplementary Card, or mishandled. Member also must not use another Member’s PIN Code and must not access another Member’s Account. If the PIN code is lost or Member thinks an unauthorized person has become aware of it or Member’s Account username or password, Member should contact BML Call Center immediately on 01-
987777. Any loss or damage resulting from the unauthorized use of Member’s PIN code is Member’s responsibility alone.
21.5. BML will only be liable to a Member who suffers loss as a result of BML’s breach of the T&C and, if so, BML’s sole liability will be to credit to the relevant Member’s Account any BMLoyalty Program Points which have been wrongly deducted or should have been credited but were not. The T&C prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials
21.6. Member irrevocably agrees and confirms that BML, its employees, officers, agents, subsidiaries, successors, and assigns and/or BML’s affiliated companies and/or BML’s subcontractors shall in no event be liable to Member or any third party for any claims, losses, damages, costs and expenses of whatever nature (legal or otherwise including all lawyers’ fees) and howsoever arising whether in contract, tort, negligence, strict
liability, breach of statutory duty or any other basis, including without limitation, direct or indirect, special, incidental, exemplary, consequential or punitive damages, or business, profit or data or savings losses, incurred by Member and howsoever caused whether directly or indirectly in connection with BMLoyalty Program, the Website, any access or usage of the Website, and/or the T&C, including but not limited to the following circumstances, even if BML has been advised of the possibility of such losses and damages;
21.6.1. BML enforcing its rights according to the T&C.
21.6.2. The redemption of any Reward by Member.
21.6.3. Any unauthorized use of BMLoyalty Program Points or any lost or stolen
21.6.4. Member’s access or use or the inability to access or use the Website (or any
third party link to or from the Website) for whatever reason.
21.6.5. If Member is not receiving communication from BML including the cases when Member changes his mobile number and doesn’t inform BML and/or Member changes his address and doesn’t inform BML, and all other cases when it is clearly understood that Member committed a default in notification towards BML.
21.6.6. The disclosure of any and all information pertaining to Member according to the
21.6.7. Any instruction, communication, operation or redemption made by Member, or purportedly made by Member and referable to a compromised PIN Code and/or the password and username of Member’s Account, and which was processed by BML prior to or at the time of such cancellation, or which BML, was unable to stop the processing of.
21.6.8. Any failure by BML to carry out any instruction referable to a compromised PIN Code and/or the password and username of Member’s Account, which was outstanding as at the time BML cancels such compromised PIN Code and the password and username of Member’s Account, and/or which BML had stopped the processing of.
21.6.9. Member’s reliance on the information contained on the Website.
21.6.10. Any material downloaded or otherwise obtained in connection with the Website.
21.6.11. Any technical, hardware, software, telecommunications, server or connection failure of any kind.
21.6.12. Any loss or corruption of any data, database or software.
21.6.13. Any interruption, error, omission, delay in operation, computer viruses, or otherwise.
21.6.14. Any circumstance suffered by Member as a result of any prohibition, restriction, delay in use or access of the Website due to any regulation of Lebanon or any other country
21.6.15. Any error(s) in transmission of instructions that might have been transmitted through the Website or transmission by BML of any other data or information through the Website.
21.7. This exclusion of liability shall take effect to the fullest extent permitted by law.22.
22.1. The Website and the Website Content are provided by BML on an "as is" and "as available" basis, including the material, information and content provided by third parties.
22.2. Every effort will be made by BML to ensure that the Website Content is correct. However, BML accepts no responsibility for any inaccuracy or misdescription contained therein. BML, its employees, officers, agents, subsidiaries, successors, and assigns and BML’s affiliated companies and BML’s subcontractors do not make any warranties, representations or endorsements of any kind whether implied, express or statutory, including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, correctness, accuracy, satisfactory quality, reliability, fitness for a particular purpose or result, and freedom from computer virus or other invasive or damaging code, in respect of the Website, the Website Content and
the material, information and content provided by third parties and/or functions
therein. BML expressly disclaims liability for errors and omissions in respect of the Website, the Website Content and the material, information and content provided by third parties and/or functions therein. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of BML, reasonable measures will be taken by BML to ensure the accuracy and validity of all information relating to the services offered by BML in regards to BMLoyalty program.
22.3. BML does not warrant or represent that access to the whole or part(s) of the Website will be provided uninterrupted, timely, secure or error-free or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive
properties will be transmitted or that no damage will occur to Member’s computer
system, that is for any reason whatsoever whether within or outside BML's control.
22.4. Member agrees that BML shall not be liable for any damages arising from any of the circumstances mentioned herein.
23.1. Member hereby agrees to indemnify and undertakes to keep indemnified BML, its employees, officers, affiliated companies and subcontractors and their respective officers, agents, partners and employees, from and against all liabilities, claims, damages, losses, costs, and expenses, (including without limitation legal expenses, attorneys' fees, and any amounts paid by BML to a third party in settlement of a claim
or dispute, on a full indemnity basis, that may be incurred or suffered by BML in
connection with or arising from (1) Member’s use or misuse of the Website and the services provided herein, or (2) Member’s breach of the T&C howsoever occasioned, or (3) any claim that Member committed a breach to the T&C, or (4) any intellectual property right or proprietary right infringement claim made by a third party against BML in connection with Member’s access and use of the Website, or (5) any of Member Content that was posted or otherwise submitted on, through or in connection with BMLoyalty Program and the Website.
24. BREACH OF THE T&C
24.1. In addition to the foregoing, in the event that BML determines, in its sole and absolute discretion, that Member has breached the T&C, threatened to breach the T&C, committed any fraud or deception, breached any BML policy in effect from time to time or otherwise failed to perform to the standards required of BML, BML shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, take such action as BML deems appropriate, including but not limited to: terminate, cancel or suspend Member’s access to the Website, in each of the foregoing cases at
any time and for any period of time, and/or bring court proceedings against Member.
24.2. BML shall not be responsible for the return of any of Member Content of any kind to Member upon any termination of BMLoyalty Program or suspension of Member’s access to the Website, including without limitation any information input into the Website by Member.
25. FORCE MAJEURE
25.1. BML will not be liable for failure or delay in performing any obligations hereunder nor will BML be liable for any disruption to BMLoyalty Program or any delay to or inability to provide any of the Rewards, brought about by circumstances and/or causes beyond the reasonable control of BML represented in delays or failure in performance, whether foreseeable or not; and/or any losses, expenses or damages howsoever arising,
whether foreseeable or not, including, but not limited to, strikes or industrial disputes, lockouts, material shortages, riots, acts of God, flood, weather, fire, acts of war, terrorism or civil disturbance, political insurgence, insurrection, acts or defaults of any telecommunications network operator, and mechanical, software, computer, telecommunications or electronic failure or any man-made eventuality outside BML’s control.
25.2. The obligations of BML, so far as affected by circumstances or causes beyond BML's reasonable control, shall be suspended during the continuance of any delay or failure in performance so caused and such delay or failure shall not be a breach of the T&C.
26.1. BML’s forbearance, delay and failure to insist upon strict performance of any provision of the T&C or to exercise or enforce any right or remedy or provision of the T&C to which BML is entitled hereunder, shall not constitute a waiver of such rights or remedies or provisions and shall not cause a diminution of Member’s obligations under the T&C. Nor shall any waiver of BML’s rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for BML is exclusive of any other right, power or remedy available to BML by law and each such right, power or remedy shall be cumulative, unless where otherwise expressly stipulated in the T&C.
27. INTELLECTUAL PROPERTY RIGHTS
27.1. BML respects the intellectual property of others, and requires that all Members do the same.
27.2. Website Content is protected by copyright, trademark, patent, trade secret and other laws. All intellectual property rights are reserved.
27.3. Member acknowledges that the Website Content and/or information presented to Member by BML for use in regards to BMLoyalty Program are the exclusive property of BML and/or its third party licensors. The T&C does not transfer any right, title or interest in the Website or the Website Content to Member.
27.4. Member acknowledges and agrees that Member is only permitted to use the Website Content as expressly and explicitly authorised by BML. Therefore, Member is strictly prohibited from copying, downloading, stream capturing, reproducing, duplicating, archiving, uploading, embedding, posting, emailing, modifying, translating, publishing, broadcasting, transmitting, retransmitting, distributing, performing, transferring, licensing, displaying, selling, commercially exploiting, or otherwise using, creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos,
greeting cards and unlicensed merchandise) that derive from or are based on the design elements, branding, and trade dress of the Website Content, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of the Website, Website Content, and those related to any person or entity.
27.5. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. Member may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Website Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Website Content including geo-filtering mechanisms.
27.6. All trademarks, patents, copyrights and other intellectual property rights owned by BML on the date hereof shall continue to be owned solely by BML, and except as set forth herein, nothing in the T&C shall be deemed to confer any rights to any such intellectual property on the other. For purposes of clarity: (i) as between Member and BML, Member shall be deemed to be the sole owner of all Member Content entered
into the Website or otherwise posted by Member; and (ii) BML is the sole owner of all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from Member to BML regarding the Website shall, upon submission to BML, be owned solely and exclusively
by BML. In addition, BML shall be entitled to post feedback at the Website (and/or allows others to do so) regarding any Member. Member acknowledges and agrees that the applicable supplier(s) of any third party software included within the Website shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein).
27.7. It is BML's policy, in appropriate circumstances and at its full discretion, to disable and/or terminate the Member’s Accounts of those Members who may infringe or repeatedly infringe the copyrights or other intellectual property rights of BML and/or others.
28. TERMINATION OF BMLOYALTY PROGRAM
28.1. Member acknowledges that BML shall be entitled, in its absolute discretion, at any time, and without prior notice, to:
28.1.1. Suspend or terminate BMLoyalty Program (in whole or in part) at any time and terminate the T&C and any benefits and rights of any Member thereunder.
28.1.2. Terminate Member’s membership to BMLoyalty Program, close Member’s
Account, and cancel any accrued BMLoyalty Program Points.
28.1.3. Suspend, restrict and/or terminate Member’s access and/or use of the Website.
28.2. In particular and without limitation, BML may perform any of the above- mentioned clauses of this section, at the occurrence of any of the below circumstances:
28.2.1. If Member violates any of the T&C or the terms and conditions of any agreement and/or document signed at BML and/or with BML.
28.2.2. Any abuse of the Rewards (for example, by conducting a Card account in a manner inconsistent with the object of BMLoyalty Program).
28.2.3. Any violation of any applicable Reward’s Merchant’s terms and conditions.
28.2.4. Any misrepresentation of information by Member to BML.
28.2.5. Failure by Member to comply with the Card’s conditions of use as stipulated
within the agreements and/or documents signed at BML and/or with BML in this regard.
28.2.6. Member committing any theft from or misconduct in connection with BML
and/or any Reward’s Merchant.
28.2.7. Member committing any fraudulent conduct which constitutes fraud or which causes a loss to BML.
28.2.8. Member is abusive or offensive to any member of BML’s staff.
28.3. In the event of suspension or termination of BMLoyalty Program or the cancellation of a Member’s Card, BML will notify Member of such termination or cancellation. BML will then, according to its sole discretion, notify Member of a reasonable time frame for the redemption of all his accrued BMLoyalty Program Points. In such cases Member’s Account will be suspended or terminated.
28.4. Upon termination of Member’s Account for any reason and the lapse of the time frame for redemption, if granted by BML, Member will no longer be entitled to access or use the Website or any other non-public portions of the Website.
28.5. Any termination of BMLoyalty Program, the T&C, and/or the access and usage of the Website (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. Without prejudice to the generality of the aforesaid, the obligations under Clauses: Disclosure of Information, BML Records, Links/Software, Liability, Disclaimer, Indemnity, Waiver, Force Majeure, and Intellectual Property Rights shall survive the termination of the T&C.
29. GOVERNING LAW AND JURISDICTION
29.1. The T&C and all matters arising from it are governed by and are to be construed in accordance with the laws of Lebanon. By accessing and using the Website and/or using the services provided herein by BML, Member hereby consents and submits to the non- exclusive jurisdiction of the Beirut courts in all disputes arising out of or relating to the use of the Card, BMLoyalty Program, and the Website.
29.2. BML makes no representation that the materials, information, content, functions and/or services provided on the Website and the Website Content in general, are appropriate or available for use in jurisdictions other than Lebanon.
30. SEVERABILITY OF PROVISIONS
30.1. If any provision of the T&C is determined to be invalid, illegal, or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the T&C shall continue in full force and effect or, at BML’s sole discretion, such provision may be severed from
this Agreement and the remaining provisions of this Agreement shall remain in full force and effect
30.2. Any rights not expressly granted herein are reserved.
31.1. The T&C is an integral part of all other contracts and documents that Member signed and signs with and at BML regarding the Card and its usage, including but not limited to the General Agreement and all the contracts related to the Card.
32.1. Headings are included in the T&C for convenience only and shall not affect the construction or interpretation of the T&C.
33.1. Member should always ensure that he provides BML, in writing (and must bear BML’s confirmation of receipt), with his most updated and current personal particulars and information concerning his mailing and /permanent address, contact number, electronic mail address and other required details in order to ensure that Member’s records with BML are kept up to date, complete and accurate.
33.2. Any notice given by BML shall be deemed received by Member if sent via sms or electronic or postal mail to the last known mailing/correspondence address and mobile number of Member as shown on BML’s records correspondence.
I, BEING MEMBER, HAVE READ THE T&C AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.