PointsPay Terms and Conditions
1. Access to PointsPay
PointsPay is a merchant payment program (”PointsPay”) provided by Loylogic Rewards FZE, whose registered address is Dubai Airport Freezone Authority, PO Box 293805, Dubai United Arab Emirates (“Loylogic”). PointsPay allows members of participating loyalty programs (each a “Loyalty Program”) to pay merchants who are affiliated with PointsPay and/or who accept PointsPay as a payment method on their websites (”PointsPay Merchants”) for goods or services with Loyalty Program currency such as points or miles (together “Points”), or a combination of Points and other means of payment, and, in addition, to earn loyalty points from their Loyalty Program.
The use of PointsPay is exclusively for members of participating Loyalty Programs who are able to enter into legally binding agreements under applicable law (“you”). The terms and conditions for the use of PointsPay are set out herein (“PointsPay Terms”).
1.2. Acceptance of PointsPay Terms
By accessing and/or signing up for PointsPay or by using PointsPay to make transactions, specifically by clicking on the ""I AGREE"" tickbox and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the PointsPay Terms. By accepting the PointsPay Terms, you enter into a contract with Loylogic on the use of PointsPay.
1.3. Relation between you, PointsPay Merchants, and Loyalty Programs
Every time you make a purchase, reservation or other transaction using PointsPay (“Transactions”), you enter into an agreement directly with the respective PointsPay Merchant who is responsible for the fulfilment of your purchase, reservation or other transaction. You agree and acknowledge that separate terms and conditions of the relevant PointsPay Merchant will apply to any Transactions. Neither your Loyalty Program nor Loylogic will be party to a contract for a Transaction between you and the PointsPay Merchant. Likewise, Loylogic will not be party to your contracts with the Loyalty Program(s). You agree and acknowledge that Loylogic will have no obligations to you under your contracts with PointsPay Merchants and with Loyalty Programs.
2. Use of PointsPay
You may only use PointsPay to make non-commercial, lawful Transactions. You must not use PointsPay for any other purposes, including any speculative, false or fraudulent Transaction. Each PointsPay user is responsible to use PointsPay subject to his/her authorization to redeem or accrue points/miles within a certain Loyalty Program or a specific online shopping platform. Members/legal guardians must ensure that the login details are kept securely and not used illegally. Neither your Loyalty Program nor Loylogic bear any responsibility for any consequences of illegal use of your personal details. Your Loyalty Program and Loylogic reserve the right to terminate membership in cases they deem constitute misuse.
Due to local laws and regulations, your Loyalty Program and Loylogic reserve the right to exclude members from certain jurisdictions from making transactions using PointsPay. By making transactions via PointsPay, you confirm that you are not breaching any laws in your country of residence regarding the legality of such use. Neither your Loyalty Program nor Loylogic will be held responsible (i) for the exclusion of members from certain jurisdictions and/or (ii) if you use PointsPay unlawfully. If in any doubt you should check with the relevant authorities in your country of residence.
3. Points Redemption
When making Transactions via PointsPay, PointsPay Merchants offer you to pay via PointsPay program by either paying with Points, or, where your Loyalty Program and the relevant PointsPay Merchant permits you to, with a combination of these Points and cash.
Your Loyalty Program and/or the PointsPay Merchant may have restrictions on whether this Points redemption feature is enabled, the minimum number of Points that may be redeemed in a transaction, if cash may be used and/or the permitted cash proportion of a transaction.
3.2. Payment with Points
Provided that you have sufficient Points available in your Loyalty Program account at the time of Transaction, you can make Transactions for such amount of Points as indicated to you within PointsPay once you have chosen your product on the PointsPay Merchant’s website and then selected PointsPay as your payment option. Prior to be able to pay via PointsPay you are requested to accept these PointsPay Terms and take knowledge of our separate Privacy Notice. Points that are not yet accrued and credited to your Loyalty Program account at the time you place the purchase order are not available for Transactions. Should you not have sufficient Points available in your Loyalty Program account at the time of the Transaction, or should you prefer to pay only part in Points, provided that the relevant PointsPay Merchant and your Loyalty Program permit you to, you may pay the difference in cash (by debit card or credit card) in accordance with the PointsPay terms by choosing your preferred points and cash portion. Points are deducted from your Loyalty Program account as soon as an item is purchased. Card payments are executed as described in Clause 3.3 hereinafter.
3.3. Payment by Debit or Credit Card
When redeeming Points towards a Transaction, if permitted by your Loyalty Program and the relevant PointsPay Merchant you may pay part of the price by debit card or credit card. PointsPay uses a secure credit card internet gateway service (with, for example 3D Secure). The communication with the payment gateway happens via https. The amount of the transaction paid for using a debit or credit card will be collected by Loylogic on behalf of the PointsPay Merchant.
3.4. Invoicing and reporting
Your payment for a specific Transaction is initiated via PointsPay. After each Transaction PointsPay creates an invoice and a reporting indicating the respective Points and cash amount (if any) that was used for the payment. PointsPay periodically sends invoice and reporting to the Loyalty Program and/or the payment service provider (e.g. Wirecard) for the Points redeemed and accrued and the cash payment.
PointsPay periodically receives invoices and reports from PointsPay Merchants and accordingly reconcile and initiate the fund transfer to the PointsPay Merchant.
The transactions on your account with your Loyalty Program and/or the payment you make via the payment service provider are not in the responsibility of Loylogic and are executed by your Loyalty Program and/or the Payment Service Provider subject to their own terms and conditions.
3.5. Conversion Ratio
The amount of Points necessary for a Transaction is determined by your Loyalty Program and Loylogic. Your Loyalty Program has the right, at any time and at its sole discretion, to change the amount of Points necessary to make a Transaction. The conversion ratio of Points can vary between Loyalty Programs, PointsPay merchants, the products being purchased, and depending on your Loyalty Program tier level.
3.6. No Conversion into Cash
The conversion of Points into a cash amount and the payment of such cash amount to you or any similar transactions are not possible, not even in case of returns or the cancellation of your Loyalty Program membership.
3.7. Reclaim of Points
Where Points have not been properly debited from your Loyalty Program account following a Transaction via PointsPay, missing Points can be reclaimed by PointsPay from your Loyalty Program at any time without notice.
4. Points Accrual
When making Transactions via PointsPay, you may pay the PointsPay Merchant using cash exclusively or as part of a Points plus cash payment and in turn earn or accrue Points from your Loyalty Program based on the cash amount. Your Loyalty Program and/or PointsPay Merchant may have restrictions on whether this Points accrual feature is enabled.
4.2. Payment by Debit or Credit Card
Provided that your Loyalty Program and/or PointsPay Merchant has this feature enabled, Points may be accrued using PointsPay when cash is used to pay for a Transaction either as part of a Points plus cash payment or an exclusively cash payment. For payments by debit or credit card, a secure credit card internet gateway service (with for example 3D Secure) is used. The communication with the payment gateway happens via https. The amount of the transaction paid for using debit or credit card will be collected by Loylogic on behalf of the PointsPay Merchant.
4.3. Accrual of Points
The amount of Points that you will earn for a given Transaction will be displayed within PointsPay once you have chosen your product on the PointsPay Merchant website and then selected PointsPay as your payment option. Once the Transaction is completed within PointsPay, Loylogic will notify your Loyalty Program. It is the responsibility of your Loyalty Program to credit the appropriate number of Points to your Loyalty Program account. The time it takes for different Loyalty Programs to credit Points to your account will vary and is not controlled by Loylogic.
4.4. Conversion Ratio
The amount of Points that can be accrued for a Transaction is determined by your Loyalty Program and Loylogic. your Loyalty Program has the right, at any time and at its sole discretion, to change the rate at which points can be accrued. The conversion ratio of Points can vary between Loyalty Programs, PointsPay merchants, the products being purchased, and depending on your Loyalty Program tier level.
4.5. Reclaim of Points
In the case of refunded items, we may also charge you for the cost of Points added to your Loyalty Program account and we reserve the right to deduct such cost from the cash amount due back to you.
5. Electronic Communication
You consent to receive service communications, including purchase confirmation, from Loylogic, your Loyalty Program and PointsPay Merchants by email. If you do not wish to receive service triggered emails, you must stop using PointsPay and request deletion of your membership – please refer to the Privacy Notice for more information.
6. Customer Service
All questions related to the products and/or services purchased using PointsPay should be directed to the relevant PointsPay Merchant, including questions related to shipping, delivery, and refunds. For general questions related to PointsPay please contact us at: email@example.com
7. Personal Information
By using PointsPay, you consent to the transfer of your information between your Loyalty Program and Loylogic in order to process your request(s) to pay with Points, and, where relevant, to accrue Points in accordance with the PointsPay Terms and Conditions. To the extent that data collected through PointsPay contains personal data, the collection and further processing of such information is governed by the PointsPay Privacy Notice. In addition, data collected by PointsPay Merchants including information that the PointsPay Merchant obtains from PointsPay will be handled subject to the Merchants’ own privacy notices.
8. Indemnification and Limitation of Liability
When making Transactions using PointsPay, you enter into an agreement with the relevant PointsPay Merchant. You expressly acknowledge and agree that PointsPay Merchants are independent contractors and not employees or agents of Loylogic who shall not be liable for the acts, errors, omissions, representations, warranties or negligence of PointsPay Merchants.
As far as permissible by applicable law, your Loyalty Program and Loylogic hereby disclaims any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with items purchased using PointsPay, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of the relevant PointsPay Merchant. To the extent permitted by law, your Loyalty Program and Loylogic exclude all liability to you or other person of whatsoever nature in respect of any service provided, or failure to provide a service, by or on behalf of a PointsPay Merchant.
Loylogic provides no warranty whatsoever, express or implied, and assumes no responsibility to you or any third party, (i) as to the timeliness, accuracy, currentness, completeness, availability, merchantability, quality, fitness for any particular purpose and non-infringement of the content on the PointsPay site (“Site”); (ii) that the Site will meet your requirements, will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; (iv) any errors in the content available through the Site will be corrected. The content available on the Site may be updated at any time without notice.
As far as permissible by law, Loylogic, its affiliates, and their respective officers, directors, employers and agents exclude any liability, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, or incidental damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or PointsPay, or with the delay or inability to use the Site or a linked Site, even if they have been made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labour problems or any force majeure. Your Loyalty Program and Loylogic cannot and do not guarantee continuous, uninterrupted or secure access to the Site or PointsPay.
9. Legal Remedies
YourLoylogic reserves the right to seek all remedies available at law and in equity for any misuse of the Site or PointsPay and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing PointsPay.
10. Copy Rights and Trade Marks
The trademarks, logos, service marks and other content protected by intellectual property law (collectively, ”Marks”) displayed on PointsPay are the property of your Loyalty Program, Loylogic and/ or of the PointsPay Merchant, as the case may be. you are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or internet sites without the written permission of the owner of the Marks. All information and content including any software programs available on or through the Site (collectively ""Content"") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents may apply to the features and services accessible via PointsPay, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.
11. Confidentiality of Personal Information and Data Protection
Access to and use of password protected and/or secure areas of PointsPay is restricted to authorized persons only. Unauthorized individuals attempting to access these areas of PointsPay may be subject to prosecution. you are responsible for maintaining the confidentiality of your personal information, including your account and password, and for restricting access to your computer to prevent unauthorized access to PointsPay. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Loylogic immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
The use and processing of personal data within PointsPay Program is set out in the PointsPay Privacy Notice.
12. PointsPay Terms Updates
The PointsPay Terms may be updated from time to time. Any changes will become effective upon our posting of the updated PointsPay Terms on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.
13. Governing Law
The PointsPay Terms are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in the PointsPayTerms, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
Last updated: 18th September, 2019