PointsPay User Agreement

PointsPay Checkout Terms & Conditions

1. Access to PointsPay Checkout

PointsPay Checkout

PointsPay Checkout is a merchant checkout payment process ("PointsPay Checkout") which allows members of participating loyalty programs to pay for goods/services with a combination of loyalty points and cash via merchants who accept PointsPay Checkout as a payment method on their websites ("PointsPay Checkout Merchants") and also to earn loyalty points. The use of PointsPay Checkout is exclusively for participating program members who can enter into legally binding agreements under applicable law. The rules relating to the use of PointsPay Checkout are set out below.

Acceptance of Terms and Conditions

By accessing and/or signing up for PointsPay Checkout or using PointsPay Checkout to make transactions specifically by clicking on the the "I AGREE" tickbox and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the rules applicable to PointsPay Checkout.

Acceptance of Electronic Communication

You consent to receive communication, including purchase confirmation, from your loyalty program provider, and PointsPay Checkout Merchants electronically and agree that such electronic communication satisfy any legal requirements that such communications be in writing.

Relation between You and PointsPay Checkout Merchants

Every time you make a purchase using PointsPay Checkout, you directly enter into an agreement with the respective PointsPay Checkout Merchant. You agree and acknowledge that separate terms and conditions of the relevant PointsPay Checkout Merchant will apply to any purchases. Neither your loyalty program provider nor the PointsPay Checkout operator becomes party to the transaction between you and the PointsPay Checkout Merchant.

Use of PointsPay Checkout

You may only use PointsPay Checkout to make noncommercial, legitimate reservations or purchases and shall not use PointsPay Checkout for any other purposes, including making any speculative, false or fraudulent reservations or purchases. By accessing and/or using PointsPay Checkout, you authorize your loyalty program provider and the PointsPay Checkout operator to consider any person using your information a legitimate user. Members/legal guardians must ensure that the login details are not used illegally. Your loyalty program provider and the PointsPay Checkout operator bear no responsibility for any consequences of illegal use of your personal details. Your loyalty program provider and the PointsPay Checkout operator reserve the right to terminate membership in cases they deem constitute misuse.

Restriction on Use

Due to local laws and regulations, your loyalty program provider and the PointsPay Checkout operator reserve the right to exclude members from certain jurisdictions from making transactions using PointsPay Checkout. By making transactions via PointsPay Checkout, you confirm that you are not breaching any laws in your country of residence regarding the legality of such use. Your loyalty program provider and the PointsPay Checkout operator will not be held responsible (i) for the exclusion of members from certain jurisdictions and/or (ii) if you use PointsPay Checkout unlawfully. If in any doubt you should check with the relevant authorities in your country of residence.

2. Customer Service

All questions related to the products and/or services purchased using PointsPay Checkout should be directed to the the relevant PointsPay Checkout Merchant, including but not limited to questions related to shipping, delivery, and refunds. For general questions related to PointsPay Checkout please contact us at: This email address is being protected from spambots. You need JavaScript enabled to view it.

3. Points Redemption

Points Redemption

When making purchases via PointsPay Checkout, you can pay PointsPay Checkout Merchants either with Points, or with a combination of Points and cash. Your loyalty program provider and/or the PointsPay Checkout Merchant may have restrictions on whether cash may be used and/or the permitted cash proportion of a transaction. For each transaction, the use of at least one Point is mandatory.

Payment with Points

You can make purchases for such amount of Points as indicated to you within PointsPay Checkout once you have chosen your product on the PointsPay Checkout Merchant website and then selected PointsPay Checkout as your payment option, provided that you have sufficient Points available on your account at the time of purchase. 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, you may pay the difference in cash (by payment card or credit card) in accordance with these terms and conditions. Points are deducted from your account as soon as an item is purchased.

Payment by Payment Card or Credit Card

When redeeming points towards a purchase, you may pay part of the price in cash by credit card. For cash payments by payment card 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 as indicated on PointsPay Checkout Merchant website for the respective item will be collected by the PointsPay Checkout operator on behalf of the PointsPay Checkout Merchant.

Conversion Ratio

The amount of Points necessary for a purchase is determined by participating programs and a participating program has the right, at any time and at its sole discretion, to change the amount of Points necessary to purchase a reward. The conversion ratio of Points can differ depending on the reward, and the PointsPay Checkout Merchant.

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.

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

General

When making purchases via PointsPay Checkout, you may pay the PointsPay Checkout Merchant using cash exclusively and in turn earn or accrue loyalty points from your loyalty program provider. Your loyalty program provider and/or PointsPay Checkout Merchant may have restrictions on whether this accrual feature is enabled.

Payment by Payment Card or Credit Card

When using PointsPay Checkout to accrue points, you must pay for the entire transaction with a credit or debit card. 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 as indicated on PointsPay Checkout Merchant website for the respective item will be collected by the PointsPay Checkout operator on behalf of the PointsPay Checkout Merchant.

Accrual of Points

The amount of points that you will earn for a given transaction will be displayed within PointsPay Checkout once you have chosen your product on the PointsPay Checkout Merchant website and then selected PointsPay Checkout as your payment option. Once the transaction is completed within PointsPay Checkout, the PointsPay Checkout Operator will notify your loyalty program provider. It is the responsibility of your loyalty program provider to credit the appropriate number of points to your account. The time it takes for different loyalty program providers to credit points to your account will vary and is not controlled by the PointsPay Checkout Operator.

Conversion Ratio

The amount of Points that can be accrued for a purchase is determined by your loyalty program provider and your loyalty program provider 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 rewards and also depending on the PointsPay Checkout Merchant.

5. Shipping, Handling and Return of Rewards

General

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. Personal Information

Share of Information

The data collected through PointsPay Checkout is governed by the PointsPay Checkout Privacy Policy which shall be deemed to be incorporated into these Terms and Conditions. By using PointsPay Checkout, you consent to the transfer of your personal information between your loyalty program provider and the PointsPay Checkout operator in order to process your request(s) to pay with Points, and, where relevant, to accrue Points. In addition, data collected by PointsPay Checkout Merchants will be handled and subject to such merchants’ own privacy policies.

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 PointsPay Checkout Privacy Policy. You further consent to the use of such personal data on an anonymous basis for statistical objectives.

7. Limitation of Liability

Contracting Party

When making purchases using PointsPay Checkout, you enter into an agreement with the relevant PointsPay Checkout Merchant and not with with your loyalty program provider nor the PointsPay Checkout operator. You expressly acknowledge and agree that PointsPay Checkout Merchants are independent contractors and not employees or agents of your loyalty program provider nor the PointsPay Checkout operator, neither of whom shall be liable for the acts, errors, omissions, representations, warranties or negligence of PointsPay Checkout Merchants. Neither your loyalty program provider nor the PointsPay Checkout operator shall be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by the PointsPay Checkout Merchant. As far as permissible by applicable law, your loyalty program provider and the PointsPay Checkout operator 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 Checkout, 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 Checkout Merchant and you hereby expressly exonerate your loyalty program provider and the PointsPay Checkout operator from any liability with respect to the same. To the extent permitted by law, your loyalty program provider and the PointsPay Checkout operator exclude all liability to you or other person of whatsoever nature in respect of any negligence, willful 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 Checkout Merchant.

No Warranty

Neither your loyalty program provider nor the PointsPay Checkout operator warrant or represent that the content on the PointsPay Checkout 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, products, and descriptions of rewards and other services published on the Site or a linked Site may include inaccuracies or typographical errors, and participating programs and its operator specifically disclaim any liability for such inaccuracies and errors.

Limitation of Liability

You agree that neither your loyalty program provider nor the PointsPay Checkout operator, 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 Checkout, 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 on 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 provider and the PointsPay Checkout operator cannot and do not guarantee continuous, uninterrupted or secure access to the Site or PointsPay Checkout.

Legal Remedies

Your loyalty program provider and the PointsPay Checkout operator reserve the right to seek all remedies available at law and in equity for any misuse of the Site or PointsPay Checkout and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing PointsPay Checkout.

8. Copy Rights & Trade Marks

The trademarks, logos and service marks (collectively "Marks") displayed on PointsPay Checkout are the property of your loyalty program provider and the PointsPay Checkout operator or of the PointsPay Checkout 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 Checkout, 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 Checkout is restricted to authorized persons only. Unauthorized individuals attempting to access these areas of PointsPay Checkout 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 Checkout. 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 the PointsPay Checkout operator 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. Shop Operator

Loylogic is the operator of PointsPay Checkout. All credit card transactions are handled by the PointsPay Checkout operator. In case of questions, please contact Loylogic Inc., Freihofstrasse 22, CH-8700 Kuesnacht, Switzerland or This email address is being protected from spambots. You need JavaScript enabled to view it..

 
Web site author Mohamed Habbat