Terms & Conditions

General Conditions of Use

The purpose of these general conditions of use (hereinafter referred to as the "General Conditions of Use") is to govern your Membership of Maximiles, the Opinion Platform in The United States, and to define your rights and obligations as a Member.
This Opinion Platform is provided by BILENDI LTD a company incorporated in England and Wales under number 03762049 whose registered office is at 8 HOLYROOD STREET, LONDON, SE1 2EL, United Kingdom

We invite you to read the Agreement carefully and to print it out if you wish, before completing the online registration formalities for Maximiles, the Opinion Platform. You can only become a Maximiles Member once you have correctly completed the registration form and accepted the terms of the Agreement by clicking on "Free registration".
By registering with Maximiles, the Opinion Platform, you agree and confirm that:
(I) you have read, understood and accepted the Agreement,
(II) you meet the conditions for Membership,
(III) you agree that all of the provisions set out in the Agreement shall apply to you until you cancel or we cancel your Membership in accordance with the terms set out in Article 12 of the General Conditions of Use

These General Conditions of Use include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.

1. Definitions

We have given a special meaning to certain words regularly used in the Contract, which begin with a capital letter. You will find below the definitions we have given them:

Account: refers to all of the data specific to each Member and the space in which the Member can manage his/her Maximiles Membership.
Application: means the Maximiles mobile service available on download platforms and which enables Members (i) to be informed of the various Maximiles services, in particular by means of a notification and (ii) to access the Site and the Rewards.

Company: refers to the company Bilendi Ltd identified in the preamble to these General Conditions of Use.
Contract: refers to the General Conditions of Use, the Privacy Policy and the Cookie Policy in force on the date of Membership or updated in accordance with the terms of these documents.
Cookie: refers to a small text file placed and stored on the hard drive of your computer, tablet or smartphone which contains and records data about you
Opinion Platform: refers to the service that enables you to earn Points by participating in our Research Partners' projects (e.g. online surveys or online communities) to which you are invited by e-mail, on the Site, by notification in the Application or by SMS provided that you have given your explicit consent to the latter. Registration on the Opinion Platform constitutes acceptance of your participation in the surveys as a Member of the Opinion Platform.
Points: refers to the unit of account distributed to Members for their participation in the Opinion Platform. These Points are referred to on the Site as Maximiles Points.

Member: refers to any natural person registered on the Opinion Platform.
Membership: means becoming a Member of the Opinion Platform.
Partner: refers mainly to a Research Partner, but also to any other partner, service provider or subcontractor that we use.
Research Partner: refers to any research institute, university, academic researcher, research center, media and consultancy agency, marketing, innovation and statistics department of a company, and any other organization or company carrying out statistical surveys or online communities with Members.
Rewards: refers to the services provided by Maximiles in exchange for the conversion by a Member of all or part of his or her Points received as part of his or her participation in the Opinion Platform.
Site: refers to all our Sites accessible via URLs, including, without limitation: maximiles.com

2. Description of the Opinion Platform

The Opinion Platform offers you the opportunity to earn Points by participating in the projects of our Research Partners by registering via the Site or the Application. The purpose of the Maximiles Opinion Platform is to enable our Members to access projects and earn Points, particularly on the Site, the Application and/or on Sites and applications.

By registering for, accessing, using, and/or participating in, the Site/Application, you hereby expressly agree to comply with and be bound by these terms.

We reserve the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the Site/Application, at any time and for any reason.

3. Platform Membership Rules

3.1. Membership is reserved for individuals whose main place of residence is in The United States.

Registration is only possible from the age of 18.

We reserve the right to ask you for proof that you are old enough to join the Opinion Platform. The Membership form must be completed with your legal civil identity (first name, surname, etc.).

Membership is reserved for people whose main place of residence is in The United States.

3.2 Free, no-obligation membership

Your membership of the Opinion Platform is free, without obligation and may be terminated at any time by either party.

3.3. Access to the Platform

When you sign up, you must choose a username in the form of a valid email address and a password of at least eight (8) characters, including one number and one uppercase letter, which will give you access to your Maximiles Account. Only one Account per person and per e-mail address will be allocated. Following your request for Membership, an email will be sent to the email address provided. Your Membership will only be definitively validated once you have clicked on the activation link in this email. Your Account will be protected by the password you have chosen. You undertake not to communicate it to any other person; otherwise, we cannot be held liable in any way whatsoever in the event of fraudulent use of your password.

If you lose and/or forget your password, you can reset it by going to the following page: http://www.maximiles.com/reset-password. You will receive an email with a link enabling you to reset your password. You must not lend, give, sell or generally make your Account and/or password available to a third party for any reason whatsoever.

3.4. Your membership

Once you have complied with the above conditions, correctly completed the registration form and accepted the Contract by clicking on "Free registration", you will become a Member of the Opinion Platform in The United States.

By joining the Opinion Platform, you will be able to earn Points by taking part in online surveys or online communities. You will be able to exchange these Points for Rewards.

For online surveys, you will receive an invitation by e-mail. If you have given your explicit consent, you may also receive SMS invitations to take part in surveys. For surveys accessible via the Maximiles application, the invitation may be sent by notification to your smartphone or tablet.

In order to be a Member of the Opinion Platform, you must consent to the processing of your personal data in order to be invited to the surveys, to receive our e-mails, which is a condition for successful participation in the surveys carried out by our Research Partners, and to be able to take part in these surveys. In particular, you agree to us processing your personal data in order to create your profile with a view to sending you relevant surveys. Each survey is aimed at participants with very specific characteristics. The selection of participants invited to take part in a survey depends both on our customer's needs and on a random selection of participants. This means that not all participants can take part in all surveys. It is therefore not possible to choose which surveys you wish to take part in. For more information on the processing of your personal data, please consult our Privacy policy. You may withdraw your consent to the processing of your personal data at any time.

You are free to participate in the surveys to which you have been invited.

By subscribing to the Opinion Platform, you agree to deposit the cookies required to target the surveys that will be offered to you in return for a set number of Points.

3.5 Unauthorized use

You agree not to: (i) use robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute data or content available in connection with the Opinion Platform, or to manipulate the results of any survey or contest; (ii) take any action to interfere with the Opinion Platform or an individual’s use of the Opinion Platform,; (iii) send or transmit any viruses, corrupted data or any other harmful, disruptive or destructive code, file or information, including, but not limited to, spyware; (iv) collect any personally identifiable information of or about any other user; (v) send unsolicited emails, including, but not limited to, promotions and/or advertising of products or services; (vi) open, use, or maintain more than one (1) membership account with a Panel; (vii) Forge or mask your true identity; (viii) frame a portion(s) of any Site within another Site or alter the appearance of any Site; (ix) establish links from any other Site to any page of, on or located within any Site or to the Site/Application, without the prior express written permission of Bilendi; (x) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage in any fraudulent activity, including, but not limited to, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Site/Application or do any act or take any action that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these General Conditions of Use; or (xv) encourage and/or advise any individual, including, but not limited to, any Bilendi employee, to commit any act(s) prohibited hereunder.

3.6. Closing your Account

If your Account is inactive for a period of thirty-six (36) months, i.e. if you do not acquire Points on the Platform for a consecutive period of thirty-six (36) months, your Membership of the Opinion Platform will automatically terminate, and you will no longer be a Member. An information email will be sent to you before your Account is closed.

4. Connection

4.1 Internet access

In order to use the Opinion Platform, you must have Internet access either directly or via devices with access to Internet content. You will be solely responsible for the costs of telephone communications to enable connection to the Internet and to the Site, the Application and/or the Sites and applications.

4.2 Connection conditions

You must also have all the equipment necessary to ensure this connection to the Internet network, in particular a computer and a modem or any other connection tool and have an e-mail address.

5. Functioning of the Opinion Platform

5.1 Points acquisition

You earn Points in particular:

- by taking part in surveys designed by our Research Partners,
- by taking part in our Research Partners' online communities,
- by sponsoring new Members in accordance with the procedure described on the Site,
- and in the context of any other operation that we put in place.

The number of Points acquired for each operation will be communicated to you on the Site or the Application or via e-mail. The number of Points and the conditions for obtaining Points change according to the study and opinion project.

In the event that any points have been erroneously posted to your account, Bilendi may remove them. In the event that any points or incentive have been obtained and/or posted to your account through fraudulent means, Bilendi will remove them from your account and your account may be suspended and/or terminated.

5.2 Acquisition of Points when participating in our Study Partners' projects

You will receive Maximiles Points for your participation in our projects. The allocation of Points is based in particular on the time required for a survey. We will inform you of the total Points available, the expected duration and the deadline for participation in the invitation email for each project. If your participation in a survey is complete and complies with the rules, Points are automatically credited to your Account after your participation. Points will be credited if the answers provided by the Member are sincere and of good quality and the comments are neither inappropriate nor offensive. If no reward is provided for taking part in the survey, you will be informed of this beforehand in the invitation email. In certain exceptional cases, the Company reserves the right to modify the stated reward after the event. As part of our Research Partners' projects, we invite Members to take part in surveys or online communities:

- by e-mail;
- by notification in the Application;
- by SMS, with your explicit agreement;
- by instant messaging and social networks;
- and on the Site

For each survey, we carry out a quality control of the answers to detect, in particular, incoherent answers, inappropriate and insulting comments and to check the response times. We reserve the right to cancel a Point credit immediately and without formality, or to exclude a Member in the event that he/she has not respected his/her commitments.

The various types of incentives and rewards Bilendi may provide are to encourage participation in the Panel and are not compensation for time spent. Any points that are earned or paid to you or any reward that is redeemed by you for participation in a survey or other activity on the Opinion Panel is not calculated based on time spent by you. Similarly, any consideration paid to, or points earned by you for participation is not pro-rated on an hourly basis or otherwise.

5.3 Sponsorship

You can earn Maximiles points by referring a new member. There is no limit to the number of referrals, but you can only earn 6 referral bonus per year. Any fraudulent use of the Opinion Platform (e.g. self-sponsorship, multiple sponsorship of Members who are clearly not participating in the Opinion Platform, etc.) will be penalized by exclusion from the Platform and the loss of Points earned for both the sponsor and the sponsored Member. Sponsorship Points are only considered validated when the sponsored Member reaches the minimum level of activity set in the current sponsorship programme.

5.4 Points conversion

As a Member, you may use the Points you have received, unless your Membership to the Opinion Platform is terminated in the meantime.

The descriptive list of Rewards that we offer, and the number of Points required to obtain these Rewards appear on the Site. The descriptive list of Rewards and the number of Points required to obtain them may be modified in particular to take account of Member demand or the possibilities of obtaining supplies from our suppliers. The Company ensures the regular and accurate payment of donations and also coordinates the exchange of Points for gift vouchers. The General Conditions of Use of use of the latter are the responsibility of the respective suppliers. The Company is free to cooperate with other suppliers at any time.

You must make your Points conversion request in accordance with the procedure described on the Site. You expressly accept that any Reward you choose will become definitive and enforceable as soon as you request the conversion of your Points. Consequently, you waive any right of withdrawal, if applicable, in respect of the Reward you have chosen. The number of Points corresponding to your Reward will be deducted from your Points statement as soon as you request conversion and these Points cannot be re-credited to you, except in exceptional circumstances. Any Reward will only be issued on your instructions and will only be made in THE UNITED STATES. You alone shall be entitled to claim a Reward and to authorize the debiting of your corresponding Points. You have a maximum of 45 calendar days from the date of your request to redeem your Points to submit a claim for an undelivered Reward. Your Points can only be exchanged for the Rewards listed on our Site or Application at the time of your conversion request. Rewards are not transferable, exchangeable or redeemable for cash or any other form of credit and are not refundable or exchangeable for other Rewards. In the event of an error in the allocation of a Reward on the Site, resulting from the entry or calculation of Points, the Company reserves the right not to provide the Member with the Reward or to require the Member to return the Reward, in which case the Member's Points statement will be credited with the number of Points corresponding to the said Reward.

The minimum points or Panel Currency redemption threshold required to redeem a reward is the equivalent of fifteen United States Dollars ($15). Unless there is a lower redemption option available, if you do not satisfy the foregoing threshold, you will not have a redemption option under Bilendi’s rewards program. Bilendi reserves the right to provide reward options with lower minimum redemption thresholds without prior notice to or consent from you.

Your daily limit on the redemption of points or Panel Currency is limited to one (1) redemption per 24-hour period.

Bilendi may modify, alter, delete or add new General Conditions of Use for its rewards program or the Site or Application at any time without notice. For Bilendi this includes, but is not limited to, modifying, altering, adding or deleting point values, redemption levels, conversion ratios, conditions for status, conditions for membership and conditions for earning incentives or rewards, at any time without notice. In addition, Bilendi may terminate or cease offering any incentive or reward in connection with Bilendi’s rewards program, at any time without notice.

5.5 Legal framework for Rewards

If necessary, we may pass on to the relevant tax authorities the information available on each Member receiving a Reward. In accordance with current laws on the protection of minors, we reserve the right to refuse a Reward to a Member under the age of eighteen (18). Law allows you to receive tax-free compensation up to a certain annual amount. Beyond this limit, we remind you that it is your responsibility to declare the income received from your Internet activities to your tax office.

5.6 Your Points balance

You can check your Points balance on your Points statement on the Site and on the Application by entering your password. Any complaint relating to the balance on your Points statement must be sent to us via the complaints area on the Site. Depending on the findings of the investigation we carry out, we may or may not re-credit your Points statement with the number of Points you have complained about. Your Points are distributed on a permanent basis subject to what is stipulated in articles 5.1, 5.7, 5.8 and 12 of the General Conditions of Use.

5.7 Validity of your Points

Your points will be valid until your Account is closed and/or your Membership terminated, subject to article 5.8 of the General Conditions of Use, and except in the event of the application of one or more of the hypotheses set out in article 12 of the General Conditions of Use.

All points expire one (1) year following posting, unless the points are forfeited or canceled earlier due to membership or account inactivity or as otherwise set forth in these terms. Panel member accounts are not actual bank or financial accounts and do not accrue or accumulate interest of any kind.

5.8 Failure to use the Platform

Your Points will be automatically deleted if your Account is inactive for twelve (12) months, i.e. if you do not acquire Points on the Platform for a period of twelve (12) consecutive months. An information email will be sent to you prior to this deletion. You will nevertheless remain a member of the Opinion Platform, subject to the terms of article 3.5 of the General Conditions of Use.

5.9 Tax matters (USA)

In the United States, Bilendi may have an obligation to: (i) provide a W-9 tax form to individuals who receive payments (whether via the redemption of points or other means) of $600 or more in a tax year; and (ii) file a 1099-Misc form with the United States Internal Revenue Service (“IRS”) for such payments. In addition, Bilendi will provide you with a completed 1099-Misc form for your tax compliance purposes. As a result, please see the following:
(1) If you have received payments of $599 during a tax year, your account will be suspended (i.e., you will not be able to receive further payments and will not be able to complete or participate in surveys) for the remainder of the applicable tax year unless and until you provide Bilendi with a completed and verified W-9 form.
(2) If you have received payments of $600 or more during a tax year, your account will be suspended indefinitely (i.e., you will not be able to receive further payments and will not be able to complete or participate in surveys) unless and until you provide Bilendi with a completed and verified W-9 form. In this case, your account will not be reinstated at the beginning of the next tax year, unless or until you provide Bilendi with a completed and verified W-9 form.

6. Intellectual property rights and other rights

6.1 Copyright

The Platform, as well as the materials contained on the Site and the Application, including but not limited to software, content, sketches, graphics, logos, text, information, data or files (hereinafter the "Protected Content") are the exclusive property of the Company, its subsidiaries and/or licensors, and are protected by copyright laws.

Any use or reproduction of the Protected Content that is not authorized pursuant to these General Conditions of Use of Use, or without our prior written consent, is strictly prohibited and may infringe the intellectual property rights of the Company, its subsidiaries and/or licensors.

6.2 Trademarks

The trademarks and logos of the Company, its subsidiaries, the Study Partners and the Study Partners' clients are the property of the Company, its subsidiaries, the Study Partners, the Study Partners' clients, their suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written consent of their respective owners.

6.3 User content

You are solely liable and responsible for all content, materials, information and comments you use, upload, post or submit in connection with the Opinion Platform (“User Content”). You are solely responsible for all third-party approvals, consents and/or authorizations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including, but not limited to, Bilendi’s clients, clients of Bilendi’s clients, and third-party service providers. User Content should only include audio, video, images or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for any User Content. If you would like information about the identity of the sponsor of a survey in which you submit photos or videos, please contact Bilendi as set forth in Bilendi’s Privacy Policy. In order to identify the specific survey, you will need to provide Bilendi with your email address and information on the specific survey (e.g., survey number, survey topic or subject matter, date you completed the survey, etc.).

By using, uploading, posting or submitting User Content in connection with the Site/Application, you hereby grant to Bilendi a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, modify or distribute your User Content in any manner, without compensation or notice.

You are solely responsible for User Content. Bilendi does not and cannot review all User Content and Bilendi is not responsible for User Content. Bilendi reserves the right to delete, move or edit User Content that is, in Bilendi’s sole discretion, deemed to: (i) violate these General Conditions of Use, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene or otherwise unacceptable.

7. Limitation of liability clause

7.1 Deadlines for delivery of Rewards

We cannot be held responsible for cases of force majeure or for any errors you may have made in the information provided, which are necessary for the correct delivery of the Rewards. The delivery times shown on the Site are given for information only and may change depending on the delivery times of Reward suppliers.

7.2 Quality of the Rewards and limitation of liability

Members are invited to refer to the description of each Reward for its precise characteristics. In the event that, despite what is stated above, we are held liable, either as a result of a breach of the Agreement or as a result of an incident relating in particular to the Reward, our liability will be limited to the obligation to re-credit your Maximiles Account, if necessary, with the number of Points debited for the issue of the Reward to which the incident relates.

Bilendi make no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Bilendi’s rewards program, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Bilendi is not, and will not be, liable or responsible for the performance of, or for the failure of the performance of, any product or service for which points, incentives or rewards are redeemed. In addition, Bilendi is not and will not be responsible or liable for any cost, damage, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of, or defect in, any product or service for which points, incentives or rewards are redeemed. Bilendi will not replace any lost, stolen, misplaced or damaged incentives or rewards.

7.3 Points

Any risk of theft or fraudulent use of your Points will be your responsibility from the moment the Points are credited to your Maximiles Account. We therefore decline all responsibility for the loss, theft or fraudulent use of your Points.

7.4 Commitments

In addition, we undertake, and you undertake, that each of the parties will never be held liable for any indirect damage, such as, but not limited to, loss of profit, loss of opportunity, etc., which may result from the use of this Site.

7.5 Miscellaneous

We cannot be held responsible for late, lost or misdirected mail, or for mail sent to an incorrect address, electronic or otherwise.

7.6 Faults

We shall not be held liable for any loss or damage suffered as a result of a failure to access the Site or the Application. Similarly, we cannot be held liable for any damage or loss resulting from the loss of access to the Site or the Application.

7.7 Disclaimers

THE SITE/APPLICATION, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND SITE/APPLICATION MADE AVAILABLE ON OR THROUGH THE SITE/APPLICATION, ARE PROVIDED “AS IS”. BILENDI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE/APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT. FURTHER, BILENDI HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BILENDI DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE SITE/APPLICATION OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SITE/APPLICATION AND MAKE THE SITE/APPLICATION AVAILABLE WILL BE CORRECTED OR THAT THE SITE/APPLICATION AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SITE/APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BILENDI DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SITE/APPLICATION

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL BILENDI BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER BILENDI IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE/APPLICATION AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

8. Conduct, obligations and liability of Members

8.1 General information

As part of your Membership, you declare that you will only provide accurate, up-to-date and complete information about yourself, as requested. You undertake to update this information promptly and to ensure that it is accurate, up-to-date and complete.

In particular, you undertake not to make any fraudulent, misappropriate or ill-intentioned use of the Platform.

You acknowledge and agree that you are solely responsible for the content of your transmissions via the Opinion Platform. In particular, you undertake not to provide any content that is unlawful, defamatory, obscene, pornographic, indecent, licentious, suggestive, harassing, threatening, invasive of privacy or rights to the protection of personality, abusive, inflammatory, false, inaccurate, misleading, fraudulent, impersonatory, infringing of intellectual property rights, breach of confidentiality or any other right of any individual or third party.

8.2 Confidentiality

You undertake to keep secret the entire content of the surveys submitted to you The content of each project is confidential and intellectual property. Reproduction, modification, disclosure and any form of use require written authorization from the author.

8.3 Loss of username

You must inform us as soon as possible of any loss, misappropriation or unauthorized use of your username. We shall be entitled to cancel your Membership of the Platform in the event of loss.

8.4 Hacking

The data circulating on the Internet network is not protected against possible misappropriation or hacking You undertake to comply with the codes of conduct, practices and rules of behavior published on the Site and the Application, as well as the user manuals and warnings reproduced or mentioned by us and/or our Partners.

8.5 Fraud

You are prohibited from reproducing, copying, selling, reselling or exploiting for commercial purposes all or part of the Platform, any use of the Platform or any right of access to the Platform You may not attempt to obtain or fraudulently obtain Points. Any fraud or abuse may result in administrative and/or legal action being taken by us including confiscation of your Points and Rewards obtained and cancellation or termination of your Membership.

Any deliberate act of purchase, sale, transfer, fraudulent use or exchange of Accredited Points or any other use of Points contrary to the Contract, as well as any process or maneuver whose purpose is to obtain Points without full compliance with the conditions for the acquisition of Points on the Site or on the Application, is grounds for the automatic termination of the Contract, it being specified that in this case, these facts may be interpreted as damage intentionally caused to our business.

8.6.Viruses

You must not under any circumstances, knowingly or otherwise, communicate viruses, altered data or any other harmful or destructive files or information to the Company or our Partners, and more particularly on the Site and/or the Application.

8.7 Compliance with laws

You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Opinion Platform.

8.8 Indemnification

You agree to indemnify, defend and hold harmless Bilendi and its parent, affiliated and subsidiary companies and its and their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, but not limited to, reasonable attorneys’ fees and court costs, arising out of, resulting from or caused, either directly or indirectly, by: (i) your breach or violation of these General Conditions of use; and/or (ii) your use of, participation in, and/or access to the Opinion Platform.

9. Processing of your personal data and Cookies

Part of your use of Maximiles on the Internet, the Site and/or via the Application, we may process personal data about you. We may also use cookies when you browse the Site or the Application.
For more information on the processing of your personal data and the use of Cookies, please consult our Privacy policy and our Cookie policy.

10. Cooperation with the public authorities

We reserve the right to cooperate, in accordance with the law, with the public authorities carrying out checks in relation to content and/or services accessible via the Internet network or to illegal activities carried out by you.

11. Duration of the Contract

The Contract comes into force on your acceptance and will continue for an indefinite period unless terminated in accordance with Article 12 of the General Conditions of Use.

12. Termination

12.1 Termination by the Member

The Contract may be terminated by you at any time in accordance with the procedure described on the Site or by registered letter with acknowledgement of receipt to Bilendi Ltd (at the postal address indicated above. For processing reasons, your cancellation request will be processed within a maximum of seven (7) days of receipt.

In addition, your Membership implies your consent to the processing of your personal data, which is inseparable from your participation in the Maximiles programme with a view to completing surveys and obtaining Rewards. Consequently, if you withdraw your consent, object to the processing of your personal data, delete your personal data or restrict the processing of your personal data, the Agreement will be terminated immediately and automatically.

12.2 Termination by the Opinion Platform

In the event that one or more of the cases set out below applies, we reserve the right to terminate the Contract ipso jure, without prior notice and without legal formalities, by e-mail or by post:

use of the Platform contrary to public order and morality,
infringement of our rights or those of a third party, including those referred to in article 6
use of abusive language or language inciting hatred and violence,
act affecting the operation of the Opinion Platform, death,
transfer of your Points to one or more Accounts belonging to other Members, sale of your Points to a third party and more generally any use of your Points contrary to the contractual stipulations,
loss, misappropriation or unauthorized use of your login,
communication, fraudulent use of your password,
fraudulent, devious or ill-intentioned use of the Platform (in particular, creation of several Accounts for the same person, maneuvers leading to the unjustified earning of Points, in particular by setting up automation systems),
any behavior detected as fraudulent,
making your Account available to a third party,
any failure to provide and/or maintain true, up-to-date, accurate and complete information about you,
any substantial failure on your part to fulfil your obligations under the Contract,
any failure to comply with the provisions of article 8.

Accordingly, we will, without further notice to you, cancel your Points, your Account, any unused Rewards and your Membership and you shall, where applicable, bear all costs of any damages, legal proceedings or other expenses incurred.

We may also terminate the Contract ipso jure and without legal formalities by e-mail or by post giving two (2) weeks' notice in the event of:

legislative or regulatory change or any decision by an administrative authority substantially affecting the provision of the Platform,
discontinuation of the Platform.

12.3 Consequences of termination

In the event of termination of the Contract, whatever the cause of such termination, it is expressly provided that you shall remain liable for compliance with the obligations arising prior to the date of termination of the Contract.

You may not claim any compensation as a result of the termination of the Contract.

13. Changes to / termination of the Opinion Platform

We reserve the right to change or modify at any time, without limitation, any element of the Platform, the accumulation of Points and the Rewards. These changes will be communicated to you on the Site or by any other means. We will submit significant changes to you for approval. If you do not agree to the changes to the Platform, we will treat this as a termination of the Agreement by you in accordance with clause 12.1 of the General Conditions of Use. We reserve the right, at any time, to modify, suspend or discontinue, temporarily or permanently, all or part of the Platform. We will inform you in advance as soon as possible. We shall not be liable to you or to any third party for any modification, suspension or interruption of the Platform.

14. Amendment of the Contract

Any new version of the General Conditions of Use, the Privacy Policy or the Cookie policy will be submitted to you for approval, except for those clauses which do not comply with applicable law, or which are imposed by applicable law. In any event, we will inform you if changes are made to the Contract. If you do not accept the new provisions of the Contract, we shall consider that you have terminated the Contract in accordance with article 12.1 of the General Conditions of Use.

15. Applicable law and jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACT IS GOVERNED BY THE LAW OF THE STATE OF NEW YORK.

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the General Conditions of Use, use of any product or service provided by Bilendi, or related to the processing of personal data, that cannot be resolved informally or on an individual basis in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section 22 (this “Arbitration Agreement”). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Bilendi, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the General Conditions of Use.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Bilendi should be sent to 8 HOLYROOD STREET, LONDON, SE1 2EL, United Kingdom; ATTN: Arbitration Notice. After the Notice is received, you and Bilendi may attempt to resolve the claim or dispute informally. If you and Bilendi do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the General Conditions of Use. The JAMS Streamlined Arbitration Rules (the “JAMS Rules”) governing the arbitration are available online at https://www.jamsadr.com/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

If you or Bilendi pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the JAMS Rules for the pertinent claim.

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Bilendi, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim (including any claim regarding the enforceability of this Arbitration Agreement or any unconscionability in connection with these General Conditions of Use). The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the General Conditions of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Bilendi.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Bilendi in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable with regards to any particular subject matter by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect with regard to such specific subject matter and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

This Arbitration Agreement will survive the termination of your relationship with Bilendi.

Notwithstanding the foregoing, either you or Bilendi may bring an individual action in small claims court.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within London, United Kingdom for such purpose.

16. Miscellaneous

The Agreement sets out the entire agreement between you and us in relation to the Opinion Platform and supersedes any prior agreement between you and us. If one or more provisions of the Agreement are held to be invalid or declared as such in application of a law, regulation or following a decision by a competent court, the other clauses will retain their force and scope. The fact that one of the parties does not avail itself of a breach by the other party of any of its obligations referred to in the Contract, or delays in exercising any of its rights under the Contract, shall not constitute a definitive waiver of the performance of this or any other provision, or of the exercise of this or any other right. The titles of the articles are for information purposes only.

Last updated: September 2024