TERMS AND CONDITION for SmartMiles

SmartMiles

 

GENERAL TERMS AND CONDITIONS

General

The present general terms and conditions (the ‘General Terms and Conditions’) are applicable to all persons in the possession of :DriverSmart SmartMiles Membership (each individually respectively referred to as a ‘SmartMiler’, a ‘SmartMiles Member’ and a ‘SmartMiles Community Member’) and exclusively govern the contractual relation between the SmartMiles Member and :DriveSmart, with company, registered office as DriveSmart Technologies, S.L. with VAT CIF B84755743,  hereinafter referred to as :DriveSmart . These General Terms and Conditions are valid as of 01/02/2018. :DriveSmart reserves the right to unilaterally change the General Terms and Conditions at any time without having to inform the SmartMiles Member of this individually and without any right to compensation for the SmartMiles Member. All modifications in the General Terms and Conditions are published on :DriveSmart’s website (www.drive-smart.com) (the ‘Website’). The SmartMiles Member undertakes to reread the General Terms and Conditions on the Website on a regular basis. Use of the Membership rights by the SmartMiles Member after a modification in the General Terms and Conditions on the Website shall imply acceptance of the changed General Terms and Conditions. If the SmartMiles Member does not accept the changes, he is to inform :DriveSmart by registered letter of the termination of his membership.

Membership

The Membership is issued to natural persons by :DriveSmart free of charge. Where access to the membership is gained by recording three initial trips on the :DriveSmart mobile Application (APP), the user has to voluntarily request to opt into the SmartMiles Program. The Membership is strictly personal, non-transferable and equipped with a unique number. The Membership remains the property of :DriveSmart  at all times and can be reclaimed from the SmartMiles Member on the first request. :DriveSmart  reserves the right to refuse entry to the SmartMiles Member Programme without stating a justification, and the right not to activate a Membership.  By becoming a member of the SmartMiles program, a SmartMiler is entering a community of drivers that have decided to participate in the joint commitment of making our roads, street and cities safer places. The Opting Member must complete the necessary registration process to become a member. This process will be presented to the member on the SmartMiles on-boarding process governed by the :DriveSmart Mobile APP after he has completed the necessary three valid driving trips.

Membership Levels

A SmartMiles Member is initially considered a basic Member of the SmartMiles Community and remain so as long as he holds the initial white basic membership status. The SmartMiles Program is intended to help community members become better drivers over time and improve their driving skills and attitude. The goal of the SmartMiles Program is to provide the Member with resources to reach, develop and perfect skills to promote Driving Safety, Sociable Driving, and Economically Sustainable Driving. As the member makes progress in these fields, he will be awarded progressive status upgrades, going from Member to Bronze, from Bronze to Silver and from Silver to Gold, which acknowledges his contribution, attitude, and status as a member within the community.

Earning Smiles

The member will receive a smile as a collectible gesture form :DriveSmart every time he performs a rewardable action that is related to one of the driving activity groups (Safe, Social or Sustainable). These actions are not restricted to the :DriveSmart Mobile APP and :DriveSmart will inform users of other ways to participate when possible. For a full list of rewardable actions, please refer to the APP and the Website.

A Smile is a token for the demonstration of some skill or attitude that is positively related to one of the activity groups and will, therefore, be collectible by the member as an achievement for the given accomplishment. Smiles cannot be withdrawn by :DriveSmart or any other program participating partner. Smiles cannot be transferred between members; they are personal achievement tokens earned by the Member and are his and his alone. A Smile is not a currency and has no economic value on its own. Smiles help the Member upgrade in the SmartMiles community level and obtain recognition among peers and further benefits by achieving one of the more advanced levels of Bronze, Silver or Gold.

Upgrade requirements

The process of upgrading within the SmartMiles Program has the stated intention to recognize the well-doing of a member, to acknowledge his skills and effort towards helping the SmartMiles Community and to promote safe and friendly cities and roads by demonstrating positive driving.

In order to achieve a status level upgrade, the member will be required to obtain a number of Smiles for each of the activity groups (Safe, Social and Sustainable).  The member needs to collect the required Smiles over a given time period.

Requirements for upgrades are described in the following table:

Status Upgrade

Safe Smiles

Social Smiles

Sustainable Smiles

Member (White)

Opt-In after 3 valid trips

Bronze

300

30

30

Silver

500

50

50

Gold

1000

250

250

 

Once at a given level, the Member will be required to upgrade the next level within 18 months of reaching the acquired level. Should the Member not achieve the upgrade requirements over the required period he may retain his current member status as long as in the last 6 months he has achieved 25% of the current level of Smiles. In order to progress and upgrade to the next level, the Member will be required to achieve the total smiles for his upgrade in the previous 18 months counting backward from the current date.

Level downgrade

If the activity and there for the earning for smiles by the member declines below a given level or threshold of 25% of the required Smiles over the pre-established time period of 6 months, :DriveSmart will proceed to downgrade the members status to the previous membership status level. A member can retain his current status as explained in section 5, however, if his activity is insufficient to maintain the current membership level he will drop back to the level immediately previous to the one he was currently holding. With the exception of the basic member level that is considered the floor level and is not possible to downgrade from.

Benefits and use of the Membership

The essence of the :DriveSmart SmartMiles Membership Program is to provide Members with a rewarding and benefits system that recognizes positive driving with exclusive and real exchangeable rewards, offers, discounts, and benefits, brought forth by our affiliate partners that have become partners to the SmartMiles Community and have the interest of recognizing Members for being good drivers.

:DriveSmart will provide SmartMiles Members with access to these exclusive commercial offers, discounts and other benefits by entering in collaboration with affiliate and partners for the program. These may vary from one location to another depending on the availability of the partners and the agreements held between :DriveSmart and a given Affiliate. Please check for updated information on the Website or APP.

The SmartMiles Membership Program is not a payment method.  SmartMiles is a program that will connect :DriveSmart Members and affiliate partners by bringing exclusive benefits and offers to the SmartMiles Member as presented by the affiliate network of partners. A SmartMiles Member can be asked to present his membership identity to confirm his entitlement to a given reward, offer or benefit provided by the affiliate as claimed by the Member.

The accumulated SmartMiles Smiles are not a currency real or virtual and will never be paid out to a SmartMiles Member in cash of any form by :DriveSmart, however it may be arranged with some affiliates and partners they enrol in an exchange to convert Smiles or Smartcoins into their proprietary loyalty programs as points in the given program.

Responsibilities of the Customer/Liability

The SmartMiles Member is personally responsible for fully informing third parties, companies or government bodies of his membership in the Membership programme, and about the offers and benefits that are available to them in the framework of the SmartMiles Membership Program. :DriveSmart will make every effort to ensure that the benefits of membership are correctly allocated, but cannot be held liable in the event that it was not reasonably possible for it to fulfill its obligations. Under any circumstances whatsoever, and with no exception with regard to the grounds of liability. :DriveSmart reserves the right to check the accuracy of the Smiles granted and to correct this number if it believes that mistakes are established, without the right for any complaint to be formulated on these grounds.

Protection of privacy

:DriveSmart is committed to protecting the privacy of SmartMiles Members. The personal data collected by :DriveSmart in the framework of the Membership are used exclusively in compliance with the Law for the protection of privacy with regard to the processing of personal data (hereinafter the ‘Privacy Law’). By accepting these General Terms and Conditions, the SmartMiles Member gives :DriveSmart permission to use his personal data for personalized offers. The SmartMiles Member also gives permission to communicate with him via all possible media, including e-mail and text messages. The personal data is used by :DriveSmart and the companies affiliated with it for promotional purposes, in managing and implementing the SmartMiles Program, and for sales and market analyses. The SmartMiles Member has the right to inspect his personal data at any time to request modifications if they are not correct. The SmartMiles Member has the right to object to the processing of his personal data for direct marketing purposes. The SmartMiles Member makes a written request for this purpose to :DriveSmart at the company registered office or at the e-mail address info@drive-smart.com. The SmartMiles Member can make improvements and modifications in the personal data. The data will be securely processed by :DriveSmart. :DriveSmart will not share, or extract any personal data without executive authorization by the Member. :DriveSmart will share only processed and anonymous data with its affiliated companies, franchisees and certain commercial affiliates and partners, regardless of their nationality for commercial use. Data is not transferred to unaffiliated third parties without the express permission of the SmartMiles Member. The SmartMiles Member can obtain additional information from the Commission for the Protection of Privacy.

Termination of the Membership

:DriveSmart reserves the right to cancel the Membership and the SmartMiles Programme at any time, or to replace it by another programme and to promptly terminate the membership contracts.

Transfer or termination of membership

Membership can be ended by the SmartMiles Member at any time, with or without justification and without prior notice, by sending a registered letter to the company registered office of :DriveSmart. :DriveSmart reserves the right to immediately, at its discretion, revoke or discontinue the Membership, as a result of which the membership is suspended or completely terminated, without the need for any justification. :DriveSmart reserves the right to entrust management of the Membership to third parties for any reason whatsoever and to turn over the agreements with the SmartMiles Members for that purpose, without the need for justification. In that event, members are informed via the Website at least 20 days before the transfer.

Disclaimer and jurisdiction

No decision of :DriveSmart to refrain from exercising or enforcing, or failure to exercise or enforce, its rights under any provision of these General Terms and Conditions shall constitute a waiver thereof or a waiver of the right of :DriveSmart to enforce any other provision of this Agreement, and no waiver by :DriveSmart of any violation of any provision or stipulation of this Agreement shall be deemed to be a waiver of any violation of any other provision or stipulation thereof. In the event that a provision of the General Terms and Conditions should be wholly or partially legally invalid, void or for any other reason not enforceable, this provision shall be deemed to be severable from the general terms and conditions, and shall not influence the validity and enforceability of the remaining provisions. The present General Terms and Conditions are subject exclusively to The Law of the United States of America. In the event of any dispute, the courts of the judicial district of Detroit Michigan have exclusive jurisdiction