TERMS AND CONDITIONS

SMILE MATES LOYALTY PROGRAM

Thank you for your interest in the Smile Mates Loyalty program.

The Smile Mates Loyalty program is operated by Moonline Travel and Tourism Ltd. The purpose of this Program is a way for us to reward you as our repeat and loyal customers and for continuing shopping your travel and tourism-related services from. The following Terms and Conditions containing important information regarding the program is like an agreement between You and Moonline. Please read carefully.
Please bear in mind that local laws override this agreement and that this is nothing other than a service agreement and that any legal action taken will be in correspondence with local laws.

1. Acceptance of terms

The Terms and Conditions (“T&Cs” , “Terms of Use”) of this document is a legal Agreement between you , as a User (“You” , “Partner”, “Company”, “individual customer” or “beneficiary of our services”) Smile Mates )we”, “our”,“us”), the owner of smilemates.com (“website”, “portal”).

Use of the Smile Mates website is subject to your acceptance of Our terms and conditions. If You do not accept these Terms and Conditions, you must refrain from using the website as using our website constitutes to acceptance of our Terms and Conditions and binding you to its entire content.

If you do not fully understand these Terms and Conditions, please do not “Accept” but, please do contact Us for clarification.

Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies per our privacy policy.

You are recommended to review our Terms & Conditions frequently and/or whenever you wish to use our website & services as there might be any updates to our Terms and Conditions.

2. Description

Smile Mates, is a points-based loyalty program specialized to reward customers with frequent purchases from Moonline and its network of business partners. In addition, we have integrated our Smile Mates loyalty card with the Master Card company as a Master Pre-Paid card. So, now our customers can have a prepaid card with the Smile Mates brand and top-up the card up to USD10.000 (ten thousand). Our customers can continue to enjoy using the card locally and internationally as the card tracks the amount of money spent and thus earn points, which translate into various types of redeemed rewards.

Smile Mates program speaks the language of its loyal customers by measuring points in dollars and reward them accordingly. The continuous growth of the number of our loyalty program members is an indication of having a successful loyalty program.

3. User conduct

Smile Mates portal contains copyrighted material, trademarks and other business proprietary information, including text, software, photos, videos, graphics and the entire content of moonlinetravel.com, which are copyrighted as collective work and property of Smile Mates.

User may not modify, publish, transmit, participate in the transfer or sale, or in any way exploit any of the content, in whole or in part.

4. Member account, password and security

User will choose a password and a user name and protect them. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account.

User agrees to notify us immediately of any unauthorized use of User’s account or any other security breach. Smile Mates will not be liable for any loss that User may incur due to someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Smile Mates or another party due to someone else using User’s account or password to harm our portal. User may not use anyone else’s account at any time without the account holder's permission.

User is responsible for all User’s Account (under any screen name or password) and ensuring that all use of User’s Account complies fully with the provision of this Agreement.

User shall be responsible for protecting the confidentiality of User’s password(s). Thus, you’re responsible for keeping your account name and password confidential.

You’re also responsible for any account you have access to and any activity in such an account. You’ll immediately notify us of unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords caused by or resulting from your negligence.

We don’t have access to your current password, and for security reasons, we may only provide you with instructions on resetting your password.

Smile Mates has the right to update any of your contact information in your account for billing and other purposes to be able to deliver its services to you. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use our services will remain complete and accurate.

5. Cards

Use of the Smile Mates loyalty card shall constitute your acceptance of these Terms & Conditions.
Moonline Travel and Trade LTD. reserves the right to vary these Terms & Conditions or to substitute or withdraw the Smile Mates points by writing to customers (by letter or email) and/or by giving notice.
Your Card is not a credit, debit or cheque guarantee card, and cannot be used as such.
Cards are not transferable. They must be signed on the back by the Cardholder and used only by the person who has signed the. Credit balances are transferable between Smile Mates Members.

6. Applying for the card

In order to become a member of the Smile Mates Program, it is necessary that you submit a fully completed Application Form to Moonline Travel and Trade LTD.
Moonline Travel and Trade LTD. reserve the right to refuse any application or register a Card at its sole discretion.
If at any time your contact details change, it is your responsibility to advise Smile Mates team to enable us to update your records.

7. eCommerce Card

Your card can also be used as a pre-paid debit card for online purchases that accept Mastercard payments. You can top up your card with a maximum of $10,000 (ten thousand dollars). Moonline will not be liable for any losses or damages incurred as a result of using the E Commerce card.
You agree that Smile Mates may, in its sole discretion, suspend, refuse or condition any Transaction that we believe may be in breach of any agreement, you have with us, or that exposes you, us or any other party to unacceptable risk.
If we suspect that you may be using the card for unauthorized or illegal purposes, we may share any information related to such use of the Services with any appropriate financial authority, law enforcement authority or regulatory authority in accordance with our legal obligations. We are obliged to implement the decisions of the courts or related official offices with regards to any illegal actions.
The E Commerce card is issued in US dollars.
For every top-up the User will be charged 3% interest plus 1% for every $100 dollars.

8. Earning rewards points

You must present your Card at the time of purchase to qualify for any reward. Points cannot be added once a transaction is completed.
Moonline reserve the right to change the rate of awarding Points and the type of qualifying purchases, upon giving notice in writing and/or as displayed on site at any Moonline branch. Points can only be checked through our website.
Offers and rewards are only available for certain promotions at the discretion of Moonline.
Rewards, benefits/points earned through the program have no cash value, are non-transferable and have no property rights. Points credited to your program account will be decreased or reversed, as applicable if part or all of the purchase is refunded or cancelled or if the credit is obtained through fraudulent or other activity that violates these terms. The sale, barter, transfer or assignment of any rewards or benefits through the Program, other than by us is expressly prohibited.
We are not liable for rewards, benefits and/or points lost or redeemed due to fraudulent activity.
We reserve the right to place limits on the number of purchases that are eligible for the program at any given time.
If you have any concerns that a purchase was not properly applied to your account, you should contact Smile Mates Customer Service.

9. Special Promotions

Moonline Travel and Trade LTD. may introduce, from time to time, special promotions, enabling the Cardholder to collect ‘bonus rewards’
Moonline Travel and Trade LTD. can set a limit on the number of points awarded to each account in respect of special promotions.
Bonus points may differ in usability from that of ordinary points, as will be clearly defined during any promotional bonus point campaign.

10. Keeping Track of Points

Access your loyalty account via our website, whereby your current points balance will be clearly displayed on the front page.
Looking at your points statement will indicate when the next expiration of points will occur if unused. Your unused/unredeemed loyalty points will expire within two years.

11. Redeeming points

Your points can only be accrued and redeemed by you. You may be asked for alternative identification at any time.
Moonline Travel and Trade LTD. reserves the right to revise the ‘value’ of rewards, how they can be redeemed and the products included in or excluded from the Points.
Rewards cannot be redeemed for cash or exchanged for other goods/products.
You must present your card to redeem your reward.

12. Communications

The User authorizes Smile Mates to contact him/her from time to time with offers on various services through direct emails, telephone calls, Short Messaging Services (SMS) or any other medium.
In case a customer wishes not to be contacted, he/she shall write to Smile Mates for specific exclusion or provide his/her preferences to the respective service provider (s). Customers are advised to read the Privacy Policy on the website in accordance to which if Smile Mates contact and solicit the User or a customer shares the user’s information with lawful authorities upon request. Your information will be treated in accordance with Smile Mates Privacy Policy, which is incorporated by reference into this Agreement.

13. Issuer’s Rights

Smile Mates has the right to terminate User’s account in the event of any misconduct by User or in the event of any breach of this Agreement, at its sole discretion.

The program and its benefits are offered at our sole discretion. We may at our own discretion, cancel, modify, restrict, or terminate these program terms at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem the accumulated rewards or benefits.

We reserve the right to exclude you from or to discontinue your participation in the Program and to audit you membership account at any time at our sole discretion. Any suspected abuse of the Program such as but not limited to, failure to follow any Program terms, membership activity, illegal activity, fraud and misrepresentation may result in revocation or your membership and make you ineligible for further participation in the program.

The Card is issued by and remains the property of Moonline Travel and Trade LTD.

Moonline reserve the right to withdraw the Card at any time or refuse to renew or replace the Card.
You must surrender the Card to Moonline Travel and Trade Ltd upon request.
If you have not used your card for at least 12 months, Moonline Travel and Trade Ltd reserve the right to cancel the Card, therefore you will lose your points. It is the Users responsibility to check when the card was last used.

14. Loss or Damage of Card

Cardholders are responsible for the safekeeping of their own Cards.
Moonline Travel and Trade Ltd. Accepts no liability for the loss of Cards or rewards.If your Card is lost or stolen, please contact Moonline Travel and Trade Ltd. 07824116009 We will place a stop on your old Card and issue a new one. Any rewards earned prior to the stop being placed will be lost.
You may cancel your Card at any time by contacting our customer service team.

15. Data Protection

Personal data supplied by an applicant or a Cardholder will be held and processed by computer or otherwise by Moonline Travel and Trade LTD. to operate the Cardholder’s account; to confirm, update and enhance Moonline Travel and Trade LTD. customer records for statistical analysis and to establish any Cardholder’s identity.
In each case, the processing may continue after the Agreement has ended.
Moonline Travel and Trade Ltd may disclose data relating to an applicant or a Cardholder to any agent or sub-contractor of Moonline Travel and Trade Ltd to any person to whom Moonline Travel and Trade Ltd proposes to transfer any of its rights and/or duties under this Agreement to any organization that endorses the Card.
Moonline Travel and Trade Ltd may use information about any applicant or Cardholder to send the applicant or Cardholder information about other goods, services and/or promotions offered by Moonline, which Moonline Travel and Trade Ltd believes may be of interest to the applicant or Cardholder.
Moonline Travel and Trade Ltd may contact Cardholders using any of the contact details provided on the Application Form.
Moonline Travel and Trade Ltd may also give your contact information to selected third parties for them to inform you about special offers, products and services which may be of interest to you. Any Cardholder that does not wish to receive this information should write to Moonline Travel and Trade Ltd.

16. Limitations of liabilities

As a result of using our website (s)/portal (s) and its application/features, we will not be liable to you in respect of any:

· Losses arising out of any event or events beyond our reasonable control;
· Loss of or damage to profits, income, revenue, or anticipated savings;
· Loss of management time or office time;
· Loss of business, contracts, commercial opportunities or goodwill;
· Loss or corruption of any data, database or software;
· Special, indirect or consequential loss or damage;
· Any losses arising out of any acts or omissions of any hosting services provider, payment services provider or other third party services provider;
· Business losses or damage of any nature.

17. Tax

You are responsible for the payment of all applicable taxes when using our loyalty program.

18. Website availability

From time to time, the website or features will be unavailable. Such unavailability may result from defects in the website software, scheduled or emergency maintenance procedures, or failures of third-party service providers.
We do not commit to ensuring that the website will be available at any particular time.
Furthermore, we do not commit to ensuring that the website will continue to be published in the future.

19. Third-party websites

Our website may include hyperlinks and banners to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. We recommend that you also review their Terms of Use and Privacy Policies.

20. Reservation, Purchase and Payment

First of all, you as a user should be at least 18 years of age and/or possess the legal authority to enter into this agreement for using our website in accordance with all the terms and conditions herein and applicable laws of his/her country. You are accountable for any purchases made by persons under your direction or control. You should also warrant that all information supplied by you, on your behalf, or by family members or others in using the website is true and accurate. Any exploratory, false, or fraudulent information is prohibited without limitation. Smile Mates are not liable for any user providing false and fraudulent information.

21. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

22. Disclaimers

Our Team and we aren’t responsible for the behavior of any third parties, linked websites, or other Members.

23. Severability

Should any provision of this Agreement be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be edited/altered or removed to correspond to the applicable laws; provided, however, that the remaining provisions of this Agreement shall be unaffected thereby and shall continue to be valid and enforceable

24. Force Majeure- Disclaimer of Warranty; Limitation of Liability

Moonline will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, embargoes, strikes/demonstrations, airline hijackings, acts of civil or military authorities, an act of terrorism, fire, floods, accidents, power failure, network failure, failures of third-party service providers (including providers of internet services and telecommunications).

25. Disputes Resolution

Our mission is always to have satisfied customers; thus, customer satisfaction is the foundation of our fast growth and success. Therefore, if a dispute arises between you and us, our goal will be to resolve the dispute quickly, fairly and cost-effectively. All disputes should be settled in good faith through negotiations between the parties. In case of failure to reach a settlement, the dispute will be subject to an arbitration mutually agreed upon by Moonline/Smile Mates and the customer.

26. Governing law and Jurisdiction

These Terms & Conditions shall be governed by applicable Law and you submit to the exclusive jurisdiction of the Iraqi courts to settle any dispute arising out of or in connection with them, the Card or the points