Terms of Use

You are unique and your data is valuable. We believe you should share in the wealth that others gain when they use your data.

IMPORTANT NOTICE TO U.S. USERS:

USERS OF THE SERVICES (INCLUDING THE REWARDS SERVICE AND PRIZE DRAWS) WHO ARE RESIDENTS OF THE UNITED STATES ARE SUBJECT TO THE DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION AND JURY-TRIAL WAIVER SET FORTH IN BELOW (COLLECTIVELY, THE “ARBITRATION AGREEMENT”) PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH GENER8 ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT BY A JURY TRIAL. IF YOU DO NOT AGREE TO THE ARBITRATION AGREEMENT, PLEASE FOLLOW THE INSTRUCTIONS TO OPT OUT LOCATED AT THE END OF THE ARBITRATION AGREEMENT. OTHERWISE, YOUR AGREEMENT TO THE GENER8 TERMS OF USE SHALL BE DEEMED YOUR AGREEMENT TO THIS ARBITRATION AGREEMENT.

Our Terms of use cover:

  • Who we are and how to contact us
  • What's in these Terms of Use?
  • Eligibility
  • Our Services
  • Rewards Terms
    • What is Gener8 Rewards
    • Eligibility
    • Verification
    • Exchanging Gener8 Points
    • Prize Draw Terms And Conditions
    • Countdowns
    • Breach
    • No Warranty
    • Dispute Resolution
  • Gener8 Sentinel
  • By using our Services you accept these Terms of Use
  • License to use the Gener8 Browser
  • Our Services are constantly evolving
  • System requirements
  • We may make changes to these Terms of Use
  • We may suspend or withdraw our Services
  • How you may use our Services
  • Indemnity
  • We are not responsible for websites/content that ads link to
  • Disclaimer
  • Limitation of Liability and our responsibility for loss or damage suffered by you
  • How we may use your personal information
  • Which country's laws apply?
  • Arbitration Agreement

Who we are and how to contact us

The Gener8 Website, Web browser, Browser extension and Apps are operated by Gener8 Ads Limited (referred to as "Gener8", "we", "us" or "our"). Gener8 is registered in England and Wales under company number 10903332 with our registered office at 28 Charing Cross Road, FAO: Floor 2, Gener8, (Stephens & Associates), London, England, WC2H 0DB. We are a limited company.

To contact us, please email [email protected]

What's in these Terms of Use?

Gener8's aim is to empower you to have more control over your data whilst you are browsing the internet. These terms set out the conditions that apply to your use of our Services ("Terms of Use").

If you would like to find out about how we use and look after your personal information, please check out our Privacy Notice.

Eligibility

Gener8 is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using Gener8, you confirm that you are at least 18 years old and that all registration information you submit is accurate and truthful. Gener8 may, in its sole discretion, refuse to offer access to any of its user facing features to any user and may change its eligibility criteria at any time with or without notice.

Our Services

These terms of use set out the legally binding terms and conditions for your use of the Gener8 Browser, Apps, Web extension and all related services, including, gener8ads.com or any successor or replacement URL (the "Website") and any other websites, content, features or applications offered from time to time by Gener8 in connection therewith (together, the "Services").

We have developed the web browser (the "Gener8 Browser") which can be downloaded for free via the Website. The Gener8 Browser aims to give you more control over your data and your advertising experience by giving you the choice between "Privacy Mode" and "Rewards Mode".

If you opt to use the Gener8 Browser in "Privacy Mode", we prevent your browser from sending out sensitive data to thousands of third-party tracking and advertising companies. We remove (almost) all of the advertising you would normally see online for a cleaner, faster browsing experience. Our filter lists contain blocking rules for tens of thousands of websites and are updated very regularly.

If you opt to use the Gener8 Browser in "Rewards Mode", we create value from your data by sharing it in a de-identified form with careful selected commercial partners, who typically use this data to analyse market trends and consumer behaviour, not to intentionally target you directly as an individual. More detail on how we do this can be found in our privacy policy.. We share that value back with you by rewarding you with Gener8 Points which you can redeem in return for products, vouchers/exclusive offers, gift cards or donate to charity using the Gener8 Marketplace (the "Marketplace") in accordance with the Rewards Terms outlined below.

You can only earn Gener8 Points and redeem them for items in the Marketplace if you opt to use the Gener8 Browser in "Rewards Mode", or by sharing your data with us through the individual data connections from third-party services.

Referrals: you may also earn Gener8 Points by referring friends to us by using the referral link in your Gener8 account/profile. The friend(s) you refer may also receive Gener8 Points for using your link too. Your friend(s) must activate their Gener8 account and be an active user for you (and your friend(s)) to receive the Gener8 Points. The number of Gener8 Points available for referrals may vary from time to time.

Rewards Terms

The rewards service ("Rewards") is operated by Gener8 Ads Limited (referred to as "Gener8", "we", "us" or "our"). Gener8 is registered in England and Wales under company number 10903332 with our registered office at 28 Charing Cross Road, FAO: Floor 2, Gener8, (Stephens & Associates), London, England, WC2H 0DB. We are a limited company.

To contact us, please email [email protected].

These terms set out the legally binding terms and conditions for your use of Rewards ("Rewards Terms").

By using Rewards in any manner, you (the "user" or "you") agree to be bound by these Rewards Terms, and all other terms and conditions and policies that may be published on gener8ads.com or any successor or replacement URL (the "Website"), or otherwise notified to you by Gener8, as updated by Gener8 from time to time with or without notice to you.

What is Gener8 Rewards

Gener8 Rewards is a membership-only area, enabling users to redeem Gener8 Points to donate to charity or to receive products, vouchers/exclusive offers, gift cards, or any other items listed in Rewards ("Items"). Rewards allows users to browse and simply exchange their Gener8 Points they have earned from connecting their data and using the Gener8 Browser, Gener8 Extension, or Gener8 App for Items that are available at the time within the Rewards.

Eligibility

Gener8 Rewards is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using Gener8, you confirm that you are at least 18 years old and that all registration information you submit is accurate and truthful. 

Gener8 may, in its sole discretion, refuse to offer access to or use of Rewards to any user and may change its eligibility criteria at any time with or without notice.

You are responsible for all activity, liability and/or any damage or loss resulting from your failure to maintain password confidentiality and unauthorised access to your account in accordance with our Terms of Use.

You agree to immediately tell Gener8 of any unauthorised use of your password or any breach of security. You also agree that Gener8 cannot and will not be liable for any loss or damage arising from your failure to keep your password secure or any other security breach as a result of any act(s) or omission(s) by you, including any unauthorised use or the loss of any of your Gener8 Points. You agree not to provide your username and/or password information to any other party other than Gener8.

Gener8 reserves the right to refuse access to Rewards to anyone at any time. Rewards will not be available to temporarily or indefinitely suspended Gener8 users.

Gener8 reserves the right without liability or other obligation, to cancel unconfirmed/unverified or inactive accounts (including on the basis set out in our Privacy Notice).

Verification

In order to enable you to join Rewards, Gener8 must verify your location. Gener8 is required to send a text message containing a verification code to the contact details you provide at registration in order to confirm your location. Once your location is verified, access to Rewards will be enabled. You are solely responsible for verifying your account and Gener8 will have no obligation or liability towards any user whose account has not been verified in accordance with these Rewards Terms.

Exchanging Gener8 Points

Gener8 Rewards lists the various items that you can obtain with your Gener8 Points and the corresponding number of Gener8 Points required to be redeemed for each Item. Rewards will also tell you if there are any additional requirements before you can unlock an Item and redeem your Gener8 Points; for example, an Item may require you to refer friends to us or fulfil some other condition before you can redeem your Gener8 Points for that Item.

Support a Cause

Users can redeem their Gener8 Points to make a donation to a charity that is listed in Rewards. Gener8 reserves the right at any time to change the charities listed in Rewards that users can donate to.

Exclusive Offers, Free Trials and Discounts

Users can redeem their Gener8 Points for a single-use unique code to unlock discounts, exclusive offers, free trials, samples, and other benefits available in the Rewards Marketplace. Gener8 may earn fees or commissions when you redeem offers, sign up for free trials or samples, make a purchase, or engage with offers on Suppliers’ websites or in stores.

Once users have opted to redeem the required Gener8 Points to receive an Offer Code, they will receive the Offer Code for the relevant product, service(s) or trial as stated in Rewards, together with instructions on how to use such Offer Code and receive the offer, discount or trial. It is the sole responsibility of the user to retain the Offer Code and to use the same properly: (i) in accordance with any instructions listed in Rewards or otherwise provided by Gener8; (ii) in accordance with any instructions and/or terms and conditions of the third-party supplier of the relevant product, service(s) or trial to which such Offer Code applies, whether such instructions/terms and conditions are listed in Rewards, on that supplier's website or otherwise made available to you; and (iii) prior to the applicable Offer Code expiry date.

When redeeming Gener8 Points, Gener8 will simply provide users with the Offer Code which will carry the right to use the Offer Code to receive the corresponding product, service(s), trial or other benefit; Gener8 will have no liability or other obligation whatsoever in relation to the provision of the relevant product, service(s), trial or other benefit to the user. If the supplier of the relevant product, service(s), trial or other benefit fails to provide the relevant product, service(s), discount, trial or other benefit to the user after the user has used their Offer Code, or if the product, service(s), trial or other benefit is otherwise lost, damaged, faulty or is not received by the user or is otherwise unavailable for any reason, Gener8's sole and maximum liability to the user will be at Gener8's option to: (i) re-issue the Offer Code; or (ii) refund the user with the applicable Gener8 Points that the user redeemed to obtain the Offer Code.

Products, Gift Cards and Merchandise

Users can redeem their Gener8 Points to receive certain goods, services, gift cards or Gener8 merchandise that are listed in Rewards (each a "Product").

By redeeming your Gener8 Points to receive a Product, you agree to provide Gener8 with all necessary details to enable Gener8 to provide you with such Product. Any personal information will only be used in accordance with Gener8's Privacy Notice. If you do not provide such details to Gener8, Gener8 will not be able to provide you with the applicable Product and Gener8 will have no obligation or liability in relation to the same.

General

Rewards is a points-only service aimed at rewarding Gener8's active users. Gener8 Points do not have any monetary value. 

If you have insufficient Gener8 Points in your account for a given Item, we are unable to accept any substitution of Gener8 Points in the form of a monetary payment. You will only be able to trade in your Gener8 Points to redeem an Item from in Rewards when you have at that time accrued the required amount of Gener8 Points for such Item as displayed in Rewards.

Gener8 reserves the right at its option to vary the Items listed and made available in Rewards at any time and to amend the number of Gener8 Points required to receive certain Items.

All Items listed in Rewards are subject to availability. Gener8 works hard to try to ensure that all images and details of any Items listed in Rewards are accurate at the time you redeem your Gener8 Points and that all Items listed are available; however, if there is an error in any Item description, value, redemption value or otherwise, or if you redeem Gener8 Points for an Item that is, or subsequently becomes, unavailable, then there will be no obligation on the part of Gener8 or any third-party supplier to supply the Item.

Gener8 reserves the right to refuse/decline any redemption of Gener8 Points for any reason. Gener8 will not be responsible for any loss or damage you might suffer due to your inability to redeem your Gener8 Points or you otherwise not being able to obtain an Item. If an Item is unavailable for any reason, Gener8 will: (i) inform you as soon as reasonably possible; and (ii) if you have already redeemed, and had deducted, your Gener8 Points for an Item, Gener8 will refund to you such Gener8 Points as soon as practicable.

We shall comply with your statutory rights and nothing in these Rewards Terms shall affect any such rights.

Prize Draw Terms And Conditions

No Purchase Necessary

You don’t need to make a purchase to enter or win. Making a purchase won't increase your chances of winning. Prize Draws are subject to all applicable federal, state and local laws and regulations (“Applicable Laws”). Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

Eligibility

Our prize draws are open to Gener8 users who are legal residents of the UK or U.S. and meet the age requirements we stipulate in the Gener8 app or website Prize draw details in their location. Entries must be submitted through the Gener8 app, website, or by mail. Employees of Gener8, their families, and anyone associated with the prize draw are not eligible to enter. Entries will be void if they (1) do not comply with these terms and conditions, (2) are incomplete or illegible, (3) are postal entries that are not sent with the correct postage or to the correct address or (4) do not state whether or not you consent to the use of your information as set out in "Rights Granted By You" below, (5) are considered by Gener8 to be part of an attempt to manipulate or unfairly influence the outcome of this promotion.

Promoter

The promoter of all prize draws is Gener8 Ads, located at 28 Charing Cross Road, FAO: Floor 2, Gener8, (Stephens & Associates), London, England, WC2H 0DB.

Agreement to Rules

By entering a prize draw, you agree to these Terms and Conditions and any specific rules for the prize draw. You confirm that you meet the eligibility requirements and agree to accept the Promoter's decisions as final.

Prize Draw Period

Each prize draw starts and ends on the dates specified in the Gener8 app or website Prize draw details. All entries must be received within the specified period. All entries received after the end date for a particular Prize draw (whether or not they were sent before) shall be disqualified.

How to Enter

You can enter a prize draw in one of two ways:

  1. Gener8 App or Website: Redeem entries through the app or website using Gener8 points. Entries can not be transferred to other prize draws.
  2. Mail-In Entry: Send a postcard with the prize draw name, your full name, Gener8 account email, mailing address, phone number, and date of birth to: 28 Charing Cross Road, FAO: Floor 2, Gener8, (Stephens & Associates), London, England, WC2H 0DB. Each entry must be on a separate postcard. Multiple entries on one postcard or submitted by someone other than the entrant are void.

Each entry has an equal chance of winning. You may enter this promotion as many times as you wish, and you may only win once in any particular prize draw.

Prizes

The prize is as described in the Gener8 app or website Prize draw details. Each prize draw’s winner(s) will receive the prize described in the Gener8 app. No cash or prize substitutions may be requested, however, if necessary due to circumstances beyond our control, we may (at our option) substitute the prize for a reasonable equivalent of equal value, or a cash alternative. The winner is responsible for any taxes and costs associated with the prize. The Promoter is not responsible for any issues with prize delivery due to local laws or regulations. Prizes are not sponsored or endorsed by any of the brands or companies featured in the prizes unless otherwise stated in the Prize draw details.

Odds

The odds of winning depend on the number of eligible entries received.

Winner Selection and Notification

Winners will be selected randomly using a computer algorithm and notified within two weeks of the end of the prize draw period stated in the Gener8 app or website Prize draw details. If the winner doesn’t respond or meet all requirements, an alternate winner may be chosen following the process set out in these terms and conditions. Prizes will be fulfilled as soon as possible after the prize draw concludes.

Rights Granted by You

The given name and county of the winner will be published after the closing date, which may be included in promotional materials. Entrants who do not want their surname and county included on the list of winners must notify us within a reasonable period of time before the closing date of the particular promotion.

When entering, we ask you for consent to use your name, likeness, and entry in promotional materials without further compensation, where permitted by law.

We may describe entries to our prize draws and subsequent winners in a way that they cannot be identified in promotional materials at any time.

Terms

The Promoter reserves the right to cancel, terminate, modify, or suspend a prize draw if necessary. Any attempt to tamper with the entry process or operation of the prize draw may result in disqualification.

Limitation of Liability

By participating, you agree we will not be legally responsible to entrants or winners for any claims related to the prize draw, including any technical failures or human errors, that were not foreseeable to us or to you at the time of entry or which are caused by a third party.

Disputes

These prize draws are governed by the laws of England and Wales. Any disputes will be resolved in London, England, without resorting to class action.

Use of Data and Privacy Policy

Your personal information will be used to process your entry, to contact you about your entry, and for the purposes outlined under "Rights Granted By You" above. We also ask for your consent to use your information for marketing purposes. Please see the Gener8 privacy policy. The Promoter may verify your entry details and publish your name if you win, unless you object by contacting [email protected].

Changes to Rules

These Terms and Conditions may be updated by the Promoter. Changes won’t affect ongoing prize draws and will only apply to future ones.

Non-Affiliation Statement

Prize draws are not sponsored, endorsed, administrated by or associated with Meta, Facebook, X, Instagram, Snapchat, YouTube, Pinterest, LinkedIn, or Google. You agree to fully release and hold harmless from liability these platforms. You can see YouTube’s Community Guidelines here and any entries that do not comply will be disqualified.

Caution

Any attempt to damage or undermine the prize draws may lead to legal action. The Promoter’s decision not to enforce any provision does not waive their right to do so later.

Countdowns

We also distribute certain Products through a countdown mechanism, whereby a specified number of products are made available at a specified time. This functionality is to help distribute finite rewards fairly and further Products continue to be made available at future specified times.

Breach

Without limiting its other remedies, Gener8 may, without notice, deny a user's access to Rewards, issue a warning to a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to Rewards, and/or take technical and legal steps to keep a user off Rewards and refuse to provide services to a user (which may result in the forfeiture and destruction of all information associated with the user's account) if any of the following apply:

  • Gener8 suspects a user has breached these Terms or the Privacy Notice, or other terms applicable to the user's use of Rewards;
  • Gener8 is unable to verify or authenticate the personal information of a user; or
  • Gener8 believes that a user is acting inconsistently with these Rewards Terms, has engaged in improper or fraudulent activity in connection with Rewards or their actions may cause legal liability or financial loss to Gener8.

No Warranty

Gener8's officers, directors, employees and suppliers provide Rewards services "as is" and without any warranty or condition, express, implied or statutory. Gener8, its officers, director's, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. In addition, no advice or information (oral or written) obtained by you from Gener8 will create any warranty.

Dispute Resolution

These Rewards Terms, their subject matter and their formation, are governed by English law (including in relation to non-contractual matters). You and we both agree that the courts of England and Wales will have exclusive jurisdiction (including in relation to non-contractual matters). Use of Rewards is not authorised in any jurisdiction that does not give effect to all provisions stated within these Rewards Terms, including this section.

In the unlikely event that you have a complaint regarding Rewards and/or any Item you acquire from the Rewards, please email [email protected] and we will do our best to resolve it for you.

Gener8 Sentinel

Gener8 Sentinel is a portal that allows you to access and search the database at haveibeenpwned.com to see if your email address has been involved in any public data breaches since 2007. This service is provided by "Have I Been Pwned", please see haveibeenpwned.com for their applicable terms and conditions and privacy policy.

By using our Services you accept these Terms of Use

By using our Services, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Services.

License to use the Gener8 Browser

Strictly subject to these Terms of Use, Gener8 grants you a personal, revocable, non-exclusive license to install and use the Gener8 Browser and access the Services. If you breach these Terms of Use or any other terms incorporated herein or made available to you by Gener8 at any time, such license and your right to use the Gener8 Browser will terminate immediately and without notice. Upon termination, you must immediately cease use of and delete the Gener8 Browser from any device to which it has been downloaded.

Our Services are constantly evolving

Gener8 is constantly learning from our users and evolving. We reserve all rights to enhance and change our Services at any time. For example, this may include (but is not limited to):

  • changing which third parties/websites are blocked from accessing personal data whilst you are using the Gener8 Browser in "Privacy Mode";
  • changing what adverts and the number of adverts that you might be able to see whilst you are using the Gener8 Browser in "Privacy Mode" or "Rewards Mode";
  • changing the number of Gener8 Points that you can earn;
  • changing the products, vouchers/exclusive offers, gift cards, charity donations and/or any other items listed in the Rewards Platform and varying the terms applicable for access to the same; and
  • changing the amount of Gener8 Points you earn for referring friends to us.

System requirements

Your computer must meet the applicable minimum system requirements before you download, install and use the Gener8 Browser and have full access to our Services.

Windows®

To use the Gener8 Browser on Windows®, you'll need:

  • Windows 7, Windows 8, Windows 8.1, Windows 10 or later
  • An Intel Pentium 4 processor or later that's SSE3 capable

Note: Servers require Windows®Server 2008 R2, Windows®Server 2012, Windows®Server 2012 R2, or Windows®Server 2016.

Mac®

To use the Gener8 Browser on Mac®, you'll need:

  • OS X El Capitan 10.11 or later

We may make changes to these Terms of Use

We reserve the right to amend or replace these Terms of Use from time to time with or without notice to you. Please check these Terms of Use regularly to ensure you have read and understand the terms of use that apply at that time. Your continued use of any of our Services following any changes to these Terms of Use will constitute your acceptance of such changes.

We may suspend or withdraw our Services

Our Services are made available free of charge. We do not guarantee that all or any of our Services will be available all of the time or that they will always be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Services for business and operational reasons at any time. We will try to give you reasonable notice of any suspension or withdrawal.

How you may use our Services

We are the owner or the licensee of all intellectual property rights in our Services, and all related material and content including in our Website and Gener8 Browser and all rights in the same are reserved. Where applicable, those works are protected by copyright laws and treaties around the world.

Our Services are available for personal use only. You agree not to use the Website, the Gener8 Browser or any other Services for any commercial or business purpose.

You must:

  • keep your Gener8 account username and password confidential;
  • prevent unauthorised access and use of your Gener8 account; and
  • immediately notify Gener8 at: [email protected] if you become aware of, or suspect, any unauthorised access or use of your Gener8 account.
  • ensure that you only create and maintain one Gener8 account - multiple accounts on different emails are prohibited. 

In relation to the Services provided by Gener8, you must not in any way (and must not permit any third party to):

  • access, store, distribute or transmit any viruses or any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, discriminatory or offensive;
  • copy, modify, duplicate, create derivative works from, frame, mirror, republish,transmit, distribute any portion of, de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any part of the Services;
  • remove or alter any trademark, copyright, logo or any other proprietary notice used in connection with the Services;
  • use the Services to provide services to third parties or build a product or service which competes with any Services provided by Gener8;
  • use the Services in a way so as to: (i) violate any applicable law, rule or regulation; (ii) distribute unauthorised advertising or spam/junk e-mail; or (iii) infringe any intellectual property or other third-party right(s); or
  • use any automated scripts or activity that will artificially inflate the number of Gener8 Points you earn - either through connections, submitting data or referrals.

Please note that some website owners may not permit Gener8 users to view their website whilst you are using the Services, consequently you must not use the Services in connection with:

  • websites where you have agreed not to use it, for example, by agreeing to terms of use on a website which does not permit ad blockers; and
  • any tools to circumvent technological measures that effectively control access to websites.

If you use the Services in breach of these Terms of Use, or if we otherwise detect any activity that we deem suspicious, we may suspend or terminate your account and access to any of the Services and your right to use the Services will cease immediately with or without notice.

The Services are directed to people residing in the United Kingdom. Gener8 does not warrant or represent that content available on or through the Services are appropriate for use or available in other locations.

Indemnity

You agree to indemnify, defend and hold harmless Gener8, and its employees, contractors, directors, suppliers and representatives for all damages, liabilities, claims, expenses and other losses, including reasonable legal fees, arising from or relating to: (i) your use, or misuse of the Services; (ii) your breach of any applicable law, rule or regulation; (iii) your breach of any intellectual property or other third-party right(s); or (iv) your breach of these Terms of Use or any other terms published on the Website or otherwise notified to you by Gener8 from time to time.

We are not responsible for websites/content that ads link to

Where ads you see contain links to other websites, resources and information provided by third parties, this does not mean that those linked websites, resources, or any information you may obtain from them have been approved by us. We have no control over the content of those websites, resources or information.

Disclaimer

ANY AND ALL USE OF THE SERVICES IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICES (INCLUDING, THE GENER8 BROWSER) ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE BASIS" AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OR GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, OR FREE FROM VIRUSES, BUGS OR ERRORS, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability and our responsibility for loss or damage suffered by you

Under no circumstances, and under no legal or equitable theory, whether in contract, tort (including negligence) or otherwise, will Gener8 be liable to you for any direct, indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for lost profits, loss of goodwill, data loss, any computer failure or malfunction or work prevention as a result thereof, or any and all other damages or losses, even if you have been informed of the possibility of such damages, for any amount in excess (in the aggregate) of £250.00.

This limitation of liability does not exclude or limit Gener8's liability to you to the extent it would be unlawful to do so; in particular, it does not apply to liability for death or personal injury resulting from Gener8's negligence or for fraud to the extent applicable law prohibits such limitation.

How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

Which country's laws apply?

These terms, their subject matter and their formation, are governed by English law (including in relation to non-contractual matters). You and we both agree that the courts of England and Wales will have exclusive jurisdiction (including in relation to non-contractual matters).

For users of our Services who are residents of the United States: Except for Disputes subject to the Arbitration Agreement, you and Gener8 agree that these Terms of Use and any Dispute of any nature that might arise between you and Gener8 will be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflict or choice of laws principles. You and Gener8 agree that any action at law or in equity that is not subject to the Arbitration Agreement shall be filed, and that venue properly lies, only in the state or federal courts located in New York County, New York, United States of America, and you and Gener8 expressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action.

Arbitration Agreement

IMPORTANT NOTICE TO U.S. USERS:

USERS OF THE SERVICES (INCLUDING THE REWARDS SERVICE) AND PARTICIPANTS IN OUR PRIZE DRAWS WHO ARE RESIDENTS OF THE UNITED STATES ARE SUBJECT TO THE ARBITRATION AGREEMENT SET FORTH BELOW. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH GENER8 ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT BY A JURY TRIAL. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT, PLEASE FOLLOW THE INSTRUCTIONS TO OPT OUT LOCATED AT THE END OF THIS ARBITRATION AGREEMENT. OTHERWISE, YOUR AGREEMENT TO THE GENER8 TERMS OF USE SHALL BE DEEMED YOUR AGREEMENT TO THIS ARBITRATION AGREEMENT. YOUR AGREEMENT WILL PRECLUDE YOU FROM BRINGING ANY CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION AGAINST GENER8, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION BROUGHT AGAINST GENER8 BY SOMEONE ELSE.

INITIAL DISPUTE RESOLUTION AND NOTIFICATION. You and Gener8 agree that, prior to initiating an arbitration or other legal proceeding, you and Gener8 will attempt to negotiate an informal resolution of the Dispute (as defined below). To begin this process, and before initiating any arbitration or legal proceeding against Gener8, you must send a Notice of Dispute (“Notice”) by certified mail to the postal address set out in the section titled “Who we are and how to contact us” above. For purposes of this Arbitration Agreement, initiating an arbitration means filing an arbitration demand (“Demand”).

Your Notice to Gener8 must contain all of the following information: (1) your full name, address, and relationship to Gener8; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you are seeking, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Gener8 to disclose information about you to your attorney.

After receipt of your Notice, you and Gener8 shall engage in a good-faith effort to resolve the Dispute for a period of 60 days, which may be extended by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor Gener8 may initiate an arbitration or other legal proceeding.

If the Dispute is not resolved during the Informal Dispute Resolution Period, either party may initiate an individual arbitration as provided below, except for Disputes (i) that may be brought in an individual action in small claims court, or (ii) that relate to the ownership or enforcement of intellectual property rights. In addition, you and Gener8 each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Arbitration Agreement shall continue to apply.

“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and Gener8 concerning the Services or these Terms of Use, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Gener8 empower the Arbitrator with the exclusive authority to resolve any Dispute relating to the interpretation, applicability, or enforceability of these Terms of Use or the formation of this contract, including the arbitrability of any Dispute, any claim that all or any part of the Terms of Use are void or voidable, and any disagreement with respect to the applicable governing law, venue, or jurisdiction.

CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THE TERMS OF USE, YOU AND GENER8 EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND GENER8 AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR ANY OTHER PERSONS. As such, you and Gener8 acknowledge and agree that each waives any right to participation as a plaintiff or a class member in a class action litigation, or in any other collective or consolidated action, with respect to a Dispute. Neither you nor Gener8 may be a representative of any other potential claimants or class of potential claimants in any such Dispute, nor may two or more users’ disputes be consolidated or otherwise determined in one proceeding. This will also preclude you and Gener8 from participating in or recovering relief under any current or future class, joint, collective, representative, or consolidated action brought by someone else.

A. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules, the Supplementary Procedures for Consumer Related Disputes, or the AAA’s Commercial Arbitration Rules and the (as applicable, the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

Notwithstanding any choice of law or other provision in the Terms of Use, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the New York or such other state’s laws to the extent such state has enacted legislation that requires its laws to govern the issue.

B. Initiating Arbitration. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.) The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the New York, and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

C. Location and Procedures. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Gener8 submit to the Arbitrator, unless you request a hearing and the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, arbitration may be conducted in person, through the submission of documents, by phone, or online, and your right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in New York County, State of New York or in another jurisdiction to which you and Gener8 agree in writing; provided, however, that if circumstances prevent you from traveling to New York, the AAA may hold an in-person hearing in the state where you reside. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

D. Arbitrator’s Decision. The Arbitrator will render a written award within the time frame specified in the AAA Rules and shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator may award declaratory or injunctive relief, but only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant's individual claim. The Arbitrator shall not have authority to entertain any claim on behalf of a person who is not a named party, nor shall the Arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.

You and Gener8 agree to submit to the exclusive jurisdiction of the federal or state courts located in New York County, State of New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

E. Procedures for Multiple Case Filings. YOU AND GENER8 AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN AN ARBITRATION INVOLVING MULTIPLE CASE FILINGS. Gener8’s receipt of twenty-five or more similar Demands for Arbitration (including yours) where representation of the parties is consistent or coordinated across claims (“Multiple Case Filing”) shall be subject to the additional procedures set forth below. Demands included in a Multiple Case Filing may proceed only in accordance with the procedures set out below, and subject to the AAA Supplementary Rules for Multiple Case Filings (“AAA Multiple Case Filing Rules”) to the extent not contrary to the terms of this Arbitration Agreement. If a court determines that this Section (E) is not enforceable as to your Demand, then your claim may only proceed individually in court consistent with these Terms of Use.

(i) Batching: You and Gener8 agree that your and other individuals’ Demands deemed by Gener8 to be a Multiple Case Filing may be filed with AAA in batches of no greater than 50 individuals’ claims at one time, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for you and other claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by Gener8. After your claim is batched and permitted to be filed as a Demand with the AAA, you and Gener8 agree that selection and appointment of one or more Arbitrators for your Demand shall be governed by the AAA Multiple Case Filing Rules.

(ii) First (Bellwether) Batch: The first batch of up to 50 Demands are the Bellwether Arbitrations. If your Demand is included in the Bellwether Arbitrations, you and Gener8 shall cooperate with the Arbitrator(s) assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference.

(iii) Stay of Filing of Other Demands: If your Demand is not among those selected for the Bellwether Arbitrations, your Demand cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or Gener8 in connection with your Demand unless and until it is assigned to a batch and authorized to be filed with AAA.

(iv) Mediation: After the Bellwether Arbitrations are completed, if your Demand remains unresolved, you and Gener8 agree to mediate your claim along with any other unresolved claims included in the Multiple Case Filing (“Global Mediation”). The mediator will be selected according to the procedure set forth in the applicable AAA mediation procedures, and Gener8 will pay the mediator’s fees. The Global Mediation shall be completed within 120 days of the selection of a mediator, unless extended by written agreement between you and Gener8.

(v) Election To Proceed in Court: If Global Mediation is not successful in resolving your claim, and 100 or more claims included in the Multiple Case Filing remain unresolved, you or Gener8 may opt out of arbitration and elect to have your claim resolved in court consistent with these Terms of Use. You or Gener8 must exercise this election within 45 days of the completion of Global Mediation.

(vi) Sequential Arbitration of Remaining Batches: If neither you nor Gener8 opt out of arbitration, another batch of no greater than 50 individuals’ Demands will be selected from the Multiple Case Filing, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by Gener8. If your Demand is included in this next batch of 50 claims, your Demand will be filed with AAA, and you and Gener8 shall cooperate with the Arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference. The process of batching up to 50 individual claims at a time will continue until the parties resolve all claims included in the Multiple Case Filing. No unbatched Demand can proceed to arbitration until the previous batch has been resolved.

(vii) Tolling: For any claim subject to these Multiple Case Filing procedures, any statute of limitations applicable to your claim shall be tolled from the date we receive your Demand until the earlier of (1) the date your Demand is filed with the AAA, or (2) the date you or Gener8 opts out of arbitration pursuant to Section (E)(v).

F. Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Gener8 will not seek attorneys’ fees and costs in arbitration unless the Arbitrator determines the claims are frivolous or brought for an improper purpose (based on the standards set forth in Federal Rule of Civil Procedure 11(b)). The right to recover attorneys’ fees and expenses set forth in this Arbitration Agreement supplements any right to attorneys’ fees and expenses you may have under applicable law. You may not, however, recover duplicative awards of attorneys' fees or costs.

G. Severability. If any part of this Arbitration Agreement, other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void.

H. Opt-Out of Arbitration Agreement: You can opt-out of this Arbitration Agreement and it will not affect any other terms and conditions of these Terms of Use or your relationship with us. To opt-out, you must email Gener8 at [email protected] and providing the following information: (1) your full name; (2) the URL of these Terms of Use; (3) your mailing address; (4) your phone number; (5) and a clear statement that you wish to opt out of the Arbitration Agreement portion of the Terms of Use (the “Opt-Out Notice”). THE OPT-OUT NOTICE MUST BE RECEIVED BY GENER8 NO LATER THAN THIRTY (30) DAYS AFTER (i) THE DATE YOU FIRST AGREE TO THE TERMS OF USE; OR (ii) THE EFFECTIVE DATE OF THIS ARBITRATION AGREEMENT IF THE ARBITRATION AGREEMENT WAS ADDED TO THE TERMS OF USE AFTER YOU FIRST AGREED TO THE TERMS OF USE.

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