Terms & Conditions
Terms & Conditions
September 2021
This Agreement is a legal document, which sets out your rights and obligations, and those of Mortgage Miles ("we", "us" or "Mortgage Miles"), in relation to the Mortgage Miles website and the services offered by us through it (each a "Mortgage Miles Service"). You read and understand it before registering for the Mortgage Miles Service. By registering or transacting with us, you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time.
When you register for or transact with or through the Mortgage Miles Service you establish an "Account" and become an "Account Holder". If there is anything in this Agreement which you don’t understand, please contact us at help@mortgagemiles.com so we may be able to help you.
The Mortgage Miles Service
The Mortgage Miles Services allows Account Holders to link an applicable debit or credit card and make purchases from participating merchant stores (Merchants) which may then qualify for cashback on qualifying transactions.
The Mortgage Miles Services are:
· The Mortgage Miles cashback service for web-based transactions
· The Mortgage Miles cashback service for in-store purchases
· The Mortgage Miles payout service for gift card exchange services, PayPal & Bank Transfers
Mortgage Miles receives a commission (the "Referral Fee"), payable by a merchant, for qualifying purchases made by an Account Holder from the merchant once that merchant has confirmed the purchase (each a "Qualifying Transaction").
Account Holders who have entered into Qualifying Transactions for which Referral Fees have been received by us will be able to see a positive account balance on their Account (a "Balance"). That Balance will be converted into a payment to you ("Cashback") when the Account Holder requests payment of the Balance. To be clear, a Balance does not itself represent a sum of money held by Mortgage Miles on an Account Holder's behalf.
When we refer to merchants, we mean sellers and suppliers of goods or services that agree to enter into Qualifying Transactions and pay us Referral Fees.
Obtaining an Account
You must be at least 16 years of age to obtain an Account. A person may have no more than one Account. You must be a resident of the UK in order to register for a Mortgage Miles Account.
In using or registering for the Mortgage Miles Service, you must provide accurate and current information about yourself - including, where requested, your correct name, address, and any other requested details. If you are asked for, and provide, details of a bank account, Paypal account, credit card or other account into which you wish to receive payments (your Cashback Cashout Method), you (a) must ensure that you are, and remain, fully entitled to use that Cashout Method, (b) confirm that you wish to receive Cashback through that Cashout Method, and (c) ensure that the details of that Cashout Method are, and continue to be, accurate. You should keep this information updated through your Account.
Your Cashout Method (such as Paypal) may have rules about the maximum or minimum payment that you can receive through that Cashback Cashout Method.
By creating an Account you may register and connect to the Service and create an Account using authorisations via a third-party service (for example via your Facebook login) and in doing so: (a) you give us permission to access and use your information from that third-party service and to store your log-in token for that service as set out in our Privacy Policy (b) you acknowledge and agree that you will be solely responsible for the security of that third-party login information and agree that we will not be liable for any action taken in accordance with your Account as a result of a breach of security of such third-party.
You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change email address, then you must change the address we hold for you on your Account.
Where you register debit or credit cards numbers ("Identifier Cards") for the tracking of your transactions you may only register a maximum of 5 Identifier Cards per Account, however this may include debit or credit cards belonging to other members of your household/family providing that they have consented to the registration of their Identifier Cards to assist you to collect Cashback. We may request that you provide written evidence of such consent at any time. If we are not satisfied that all Identifiers Card are included with the cardholder's consent we reserve the right to de-register any or all Identifier Cards on your Account. Should you attempt to enter the details of an Identifier Card that has already been registered on your Account, you will be informed that the Identifier Card is already registered.
Cashback
After an Account Holder successfully completes a Qualifying Transaction, and once we have received the Referral Fee for that Qualifying Transaction, we pass the related Cashback on to the Account Holder through his/her Cashback Receipt Method when the Account Holder requests payment of that Cashback.
There are various circumstances in which a transaction with a retailer may not constitute a Qualifying Transaction, and Cashback may not result from it, namely:
· where a Referral Fee is received by us but is not attributed to a Qualifying Transaction or associated with an Account (such as where the Account Holder is not logged-in to the Service when making the relevant purchase)
· the transaction in question is cancelled after it has been entered into, for example where a purchased product is returned or a right to cancel the transaction is exercised
· a Balance is attributed to an Account Holder or Account that has been:
o suspended by us under the terms of the Misuse clause of this Agreement;
o associated with any fraudulent activity or any breach of this Agreement;
o used to make purchases on behalf of, or for the benefit of, any other person
· where a Balance is attributable to an Account that has been inactive for more than 90 days: an Account is inactive where the Account Holder does not log into it.
Application of Rewards to another person
You can choose to gift your Mortgage Miles to any person you choose as long as their Account is supported by us and detailed on our Service.
Earning Rewards
You are responsible for ensuring that Rewards are properly credited, and you should check your Account regularly.
We reserve the right to change, add or remove the methods by which users can earn Rewards and earn and redeem Mortgage Miles, for any reason and without notice to you, in our sole discretion and at any time.
If you believe that Rewards were not properly accrued to your Account, please notify us by using the “Contact Us” form on our website/Application within 30 days of when you think the error occurred. Please allow 30 days for any claims to be researched and corrected as needed. Our determination will be final. Unfortunately we cannot guarantee that Rewards you believe should have been accrued can be credited to you later, if we cannot determine the action you took on the Service or at a participating Merchant’s store or website. Among other reasons, technical problems with a scanning system or verification of transaction information may result in your action not being detected or verified accurately by the Service. While we try to prevent that from happening, neither we nor our affiliates and/or business partners can be held liable for your inability to accrue Rewards in such event.
We do not accept any responsibility or liability for any loss or damage you may incur:
· for any loss of revenue, business, anticipated savings or profits;
· any indirect, special or consequential loss, damage or other claims, howsoever caused or arising;
· resulting from any transaction via the site with any merchant;
· in connection with the accuracy or content of any reviews of products or services displayed on our Site or on any other website that you may access via our Site;
· arising from an inability to access our site, from any use of the site or from reliance on the data transmitted using the Site where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet;
· Where we are found to be liable to you, our total liability (regardless of how many claims are brought) shall be the total value of any Cashback you received during the previous 12 month period from when a claim is brought.
· In the event we do not receive the expected commission for a transaction for whatever reason, we will not be liable to pay the relevant Cashback to you.
If you choose to associate a Card with your Account, we will direct you to a secure site operated by Mortgage Miles, where you will be required to provide your Card information and agree, that certain transaction information from your associated Card can be shared with us as well as other Card network or issuer-specific terms and conditions, as applicable. We are responsible for the security of processing and transmitting your cardholder data in line with the Payment Card Industry Data Security Standard (“PCI-DSS”) when you associate one or more of your credit or debit cards on your account. We will use the information provided by a Card network or issuer solely to enable your participation in the Service by enabling redemption of offers from participating Merchants, sharing return information with participating Merchants to enable us to validate offer eligibility, award Rewards and provide aggregated and anonymised reporting to the applicable participating Merchants, and for no other purpose.
We, and each Card network or issuer, will not be responsible for any errors or mistakes associated with that secure site and we will only store your card number in accordance with these Terms. The Card network or issuer will register your Card on our behalf and will provide a non-Card number identifier to us that relates to your associated Card. Card networks and issuers’ only role in the Service is to provide data from your associated Card to enable your participation in the Service. Once you have associated a Card, you may remove the association at any time through the Service, however the Card network or issuer may still continue to deliver to us information about your returns at participating Merchants for a limited period of time after the association has been removed to use solely for the above purposes.
You may only associate a Card with your Account if you are a registered user of the Service. Card Rewards may not be used until a certain time period (for example, for statutory and other return policies associated with that participating Merchant) has expired. Typically this is between 30 and 45 days (or other statutory or other limits or expiries placed on the specific goods or services from time to time). If you make a return, the transaction is invalidated, disputed, or does not settle for any reason, then some or all pending Rewards will be removed from your Account, as determined and at our sole discretion.
If you make a return for cash, store credit or credit to a different credit card, we may still need to take away some or all of your pending Rewards accordingly. We and the Card networks and issuers are not in any way liable for your use of the Card at a participating Merchant or elsewhere, any issues you might have with the participating Merchant or the Card issuer, or any returns or attempted returns at the participating Merchant. We and the Card networks and issuers cannot be liable for any errors or omissions in awarding the Rewards for a number of reasons, including because we cannot control the accuracy of the information we may receive from a participating Merchant.
When you register a payment card in connection with transaction monitoring, you authorise Mortgage Miles will seek your consent to collect, process and share with its partners, as well as Visa, MasterCard, Amex and other necessary payment service providers (Payment Service Providers) your payment card information. We may not be able to provide our Services to you if you do not give your consent to such use of your personal data at the time of registration.
You may opt-out of transaction monitoring on the payment card(s) you have registered at any time by removing your payment card from your account. You can do this via the website.
Forfeiture of Rewards for Inactivity
We may deem your account inactive if you have not actively used the Service for 90 days or more. Once your account is deemed inactive, any or all rewards and/or pending rewards within your account may be forfeited at any time, without notice and at our sole discretion, and we may terminate the account.
If rewards are not used or redeemed within 90 days or more after they are awarded, you may be subject to a forfeiture of all such rewards, at our sole discretion.
Termination and Cancellation
You may terminate your Account at any time and for any reason by deleting your Account or by sending us an email notice with the subject line “please cancel my Mortgage Miles membership” to help@mortgagemiles.com and requesting to be removed from the Service.
By cancelling your membership, the account registered to you will be terminated and may no longer be accessible, and all Rewards will immediately be forfeited. Any termination request will be handled within 30 days of receipt of such a request by us. Any suspension, termination or cancellation will not affect your obligations to us under this Agreement and these Terms (including but not limited to ownership, indemnification and limitation of liability), which are intended to survive such suspension, termination or cancellation.
We may immediately terminate your Account or suspend your access to the Services and remove any material (including any User Content provided by you) from the Services or our servers, in the event that you breach these Terms or for any other improper conduct, at our sole discretion and without prior notice to you. As a result of any such termination, we may disqualify you from future participation in our programs and services (whether at present available or in the future). We also reserve the right to terminate your Account or suspend your access to the Application and associated Services at any time and for any reason, including but not limited to the need to conduct maintenance or if we discontinue any part of the Services.
Upon termination, all licenses and other rights granted to you under these Terms will immediately cease, and you will forfeit all Rewards accrued. We will not be liable to you or any other person for termination of your Account or suspension of your access to the Services. Upon any termination or suspension, any information (including User Content) that you have submitted to the Services may no longer be accessed by you to the extent permitted by applicable law. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person unless it is required to be provided in accordance with all and any applicable laws or regulations.
Our Role
Mortgage Miles is not a party to any transactions with merchants, and is not the seller or supplier of, and does not endorse, any of the goods or services that they make available. Thus we do not have any of the legal obligations that apply to the sellers of those goods or services.
Accordingly, we have no control over or responsibility for:
· the quality, safety, or legality of the goods or services available from merchants; or
· whether the merchants can or will supply and pass good title to any goods or services.
Account Holders should exercise no lesser degree of caution in entering into transactions with retailers than they would when entering into a similar transaction elsewhere.
To the extent that the law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with retailers, including (without limitation) all claims and demands relating to transactions (whether completed or uncompleted) with retailers, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with merchants.
Misuse
We reserve the right to suspend or terminate any Account Holders access to the Mortgage Miles Service, or parts of it, if in our reasonable view the relevant Account Holder or Account appears to be in breach of any provision of this Agreement.
Account Holders must not enter into, or attempt to enter into, any transaction with a merchant or to endeavour to gain Cashback (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a retailer's offering, or (c) in breach of any terms and conditions applied by Mortgage Miles or the retailer to that transaction.
Contact from third parties
If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:
· to provide all reasonable information and assistance we may require in connection with responding to that contact; and
· to respond promptly and accurately to it, should we pass the message to you for a response.
Operation of the Mortgage Miles Service
We reserve the right to withdraw, modify or suspend aspects of the Mortgage Miles Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavour to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which adversely affect the Mortgage Miles Service. There may also be times when the Mortgage Miles Service becomes inaccessible as a result of technical difficulties experienced by Mortgage Miles or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Mortgage Miles Service or any of the content that appears on it.
For security or other reasons, we may require you to change password or other information which facilitates access to the Mortgage Miles Service. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
Dispute Resolution
If you have a dispute with us relating to this Agreement and/or associated Services, then, in the first instance, please contact us at help@mortgagemiles.com and we will attempt to resolve the dispute informally and within a reasonable timeframe.
In the unlikely event that we are not been able to resolve a dispute informally within a reasonable timeframe, we will discuss and agree with you the most effective way of resolving the dispute, and further, before any legal action is taken, we urge you to comply with any and all Pre-Action Protocols to save time, effort and ultimate cost/loss.
Liability
Your use of the Service is at your sole discretion and risk. We will not be responsible (to the extent we are able to do so by law), for any harm to your computer or Device, loss of data, personal injury, property damage, or other harm that results from your use of the Services. Due to the nature of the Internet and technology, the Services are provided on an “as available” and “as is” basis, and as such we do not make any warranties or promises: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services will be error-free or that any errors will be corrected.
We are not responsible for (i) incorrect or inaccurate transcription of information, (ii) problems related to any of the equipment or software associated with the Services or used by you, (iii) human error outside our reasonable control, (iv) any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission, or (v) problems relating to inability to access the Services.
We disclaim all liability for any technical failures or errors of, on, or connected to the Services. We will use reasonable efforts to correct any such failures within a reasonable period upon discovering them or being informed about them.
Nothing in these Terms shall limit or exclude our liability for:
· death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable)
· fraud or fraudulent misrepresentation
· any other matter in respect of which it would be unlawful pursuant to English Law for us to exclude or restrict liability.
In addition, we will never be responsible for any loss and/or damage which is not reasonably foreseeable. The provisions of this Liability Clause shall survive the termination or expiry of this Agreement.
Indemnity
You agree upon demand to indemnify Mortgage Miles against and to be wholly responsible for all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with a merchant.
Entire Agreement
This Agreement is intended to contain your entire agreement with us relating to the Mortgage Mile Service. It replaces all earlier agreements and understandings with you relating to the Mortgage Miles Service
Changes to this Agreement
We reserve the right to change this Agreement from time to time and post the new version on the Mortgage Miles Service. When we do so, we will post the new version of the Agreement on the Mortgage Miles website, and the new version of these terms and conditions will take effect, and will govern the Mortgage Miles Service and your relationship with us:
· commencing no less than thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Mortgage Miles Service; or
· immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.
General
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and Mortgage Miles are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Law
This Agreement, and our relationship with you and each Account Holder, is governed by the laws of England and Wales. You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with this Agreement.
Contact
In all instances please use the details and contact information available at https://www.mortgagemiles.com