PointsPay Terms & Conditions
1. Access to PointsPay
PointsPay is a merchant payment process ("PointsPay ") provided by Loylogic (“Loylogic”) which allows members of participating loyalty programs (“Loyalty Program”) to pay for goods/services with a combination of Loyalty Program points/miles (“Points”) and cash via merchants who accept PointsPay as a payment method on their websites ("PointsPay Merchants") and also to earn loyalty points from their Loyalty Program. The use of PointsPay is exclusively for members of participating Loyalty Programs who can enter into legally binding agreements under applicable law. The rules relating to the use of PointsPay are set out below.
1.2 Acceptance of Terms and Conditions
By accessing and/or signing up for PointsPay or 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 rules applicable to PointsPay and the Privacy & Cookies Policy.
1.3 Acceptance of Electronic Communication
You consent to receive service communications, including purchase confirmation, from Loylogic, your Loyalty Program and PointsPay Merchants by email and agree that such electronic communications satisfy any legal requirements that such communications be in writing. 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 & Cookies Policy for more information.
1.4 Relation between You and PointsPay Merchants
Every time you make a purchase using PointsPay, you directly enter into an agreement with the respective PointsPay Merchant. You agree and acknowledge that separate terms and conditions of the relevant PointsPay Merchant will apply to any purchases. Neither your Loyalty Program nor Loylogic becomes party to the transaction between you and the PointsPay Merchant.
1.5 Use of PointsPay
You may only use PointsPay to make non-commercial, legitimate reservations or purchases and shall not use PointsPay for any other purposes, including making any speculative, false or fraudulent reservations or purchases. By accessing and/or using PointsPay, you authorize your Loyalty Program and Loylogic to consider any person using your information a legitimate user. Members/legal guardians must ensure that the login details are 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.
1.6 Restriction on Use
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.
2. Customer Service
3. Points Redemption
When making purchases via PointsPay, you can pay PointsPay Merchants either with Points, or, where your Loyalty Program and the relevant PointsPay Merchant permits you to, with a combination of 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 purchase, you can make purchases 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. 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 purchases. Should you not have sufficient Points available in your Loyalty Program account at the time of the purchase, 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 these terms and conditions. Points are deducted from your Loyalty Program account as soon as an item is purchased.
3.3 Payment by Debit or Credit Card
When redeeming Points towards a purchase, 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 Conversion Ratio
The amount of Points necessary for a purchase 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 purchase. The conversion ratio of Points can vary between Loyalty Programs, PointsPay merchants, the products being purchased, and depending on your Loyalty Program tier level.
3.5 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.
3.6 Reclaim of Points
Where Points have not been properly debited to your loyalty program account following a purchase via PointsPay Checkout, missing Points can be reclaimed by PointsPay Checkout from your participating program at any time without notice.
4. Points Accrual
When making purchases 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 purchase 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.
5. Shipping, Handling and Return of Rewards
Regarding shipping, handling, taxes, cancellations, returns or other delivery related matters such terms and conditions as set out in the relevant PointsPay Merchant website are exclusively applicable.
6. Personal Information
Regarding shipping, handling, taxes, cancellations, returns or other delivery related matters such terms and conditions as set out in the relevant PointsPay Checkout Merchant website are exclusively applicable.
6.1 Share of Information
The data collected through PointsPay is governed by the PointsPay Privacy & Cookies Policy which shall be deemed to be incorporated into these Terms and Conditions. By using PointsPay, you consent to the transfer of your personal 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 addition, data collected by PointsPay Merchants will be handled and subject to such merchants’ own privacy policies.
6.2 Consent to Transfer
You further acknowledge and agree to the transmission of such personal or proprietary information over international borders as necessary for processing the relevant transactions in accordance with the Privacy and Cookies Policy.
7. Limitation of Liability
7.1 Contracting Party
When making purchases using PointsPay, you enter into an agreement with the relevant PointsPay Merchant and not with your Loyalty Program nor Loylogic. You expressly acknowledge and agree that PointsPay Merchants are independent contractors and not employees or agents of your Loyalty Program nor Loylogic, neither of whom shall be liable for the acts, errors, omissions, representations, warranties or negligence of PointsPay Merchants. Neither your Loyalty Program nor Loylogic shall be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by the PointsPay Merchant. As far as permissible by applicable law, your Loyalty Program and Loylogic hereby disclaim 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 and you hereby expressly exonerate your Loyalty Program and Loylogic from any liability with respect to the same. 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 negligence, wilful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a PointsPay Merchant.
7.2 No Warranty
Neither your Loyalty Program nor Loylogic warrant or represent that the content on the PointsPay site (“Site”) is complete or up-to-date nor are they under any obligation to update any content on the Site. The content available on the Site may be updated at any time without notice. The information published on the Site or a linked Site may include inaccuracies or typographical errors, and to the extent permitted by law, your Loyalty Program and Loylogic specifically disclaim any liability for such inaccuracies and errors.
7.3 Limitation of Liability
You agree that neither your Loyalty Program nor Loylogic , their affiliates, nor any of their respective officers, directors, employers, or agents will be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect 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.
7.4 Legal Remedies
Your Loyalty Program and Loylogic reserve 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.
8. Copy Rights & Trade Marks
The trademarks, logos and service marks (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 sites on the World Wide Web 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.
9. Confidentiality of Personal Information
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.
10. Terms and Conditions Updates
These terms and conditions may be updated from time to time. Any changes will become effective upon our posting of the Terms and Conditions 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.
11. Governing Law
These terms and conditions 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 these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
12. Payment Card Transactions:
Payment card transactions are processed by Loylogic Inc.
Last updated: 14th May, 2018