Pointspay Terms & Conditions
1.1 PointspayPointspay is a merchant payment program (”Pointspay”) provided by Pointspay Management FZCO, whose registered address is Dubai Airport Freezone Authority, PO Box 293805, Dubai United Arab Emirates (“Pointspay Management”, “we”, “our”). 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 the Pointspay website (“Site”) to make transactions, specifically by clicking on the "I AGREE" tick box and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the Pointspay Terms and your acknowledgment of the Pointspay Privacy Notice.
1.3 Relationship 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 Pointspay Management will be party to a contract for a Transaction between you and the Pointspay Merchant. Likewise, Pointspay Management will not be party to your contracts with the Loyalty Program(s). You agree and acknowledge that Pointspay Management will have no obligations to you under your contracts with Pointspay Merchants and with Loyalty Programs.
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.
Due to local laws and regulations, your Loyalty Program and Pointspay Management reserve the right to exclude you from making transactions using Pointspay if you are from certain jurisdictions. 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 Pointspay Management will be held responsible (i) for excluding you from using Pointspay if you are 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.
When making Transactions via Pointspay, Pointspay Merchants offer you to pay via the Pointspay program 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 Transaction, you can make Transactions for such number 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 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 these Pointspay Terms. 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 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 Pointspay Management on behalf of the Pointspay Merchant.
3.4 Conversion Ratio
The number of Points necessary for a Transaction is determined by your Loyalty Program and Pointspay Management. Your Loyalty Program has the right, at any time and at its sole discretion, to change the number of Points necessary to make a Transaction. The conversion ratio of Points can vary between Loyalty Programs, Pointspay Merchants, the products being purchased, and may be dependent on your Loyalty Program tier level.
3.5 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.
3.6 Reclaim of Points
Where Points have not been properly debited from your Loyalty Program account following a Transaction via Pointspay, the missing Points can be reclaimed by Pointspay from your Loyalty Program at any time without notice.
When making Transactions via Pointspay, you may pay the Pointspay Merchant using a credit/debit card 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 a credit/debit card is used to pay for a Transaction either as part of a Points plus cash payment or an exclusively cash payment. For payments by credit/debit 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 a credit/debit card will be collected by Pointspay Management on behalf of the Pointspay Merchant.
4.3 Accrual of Points
The number 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, Pointspay Management 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 Pointspay Management.
4.4 Conversion Ratio
The number of Points that can be accrued for a Transaction is determined by your Loyalty Program and Pointspay Management. 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 dependent 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.
Pointspay Merchants may send you email service communications, including purchase confirmation emails, and you agree that such electronic communications satisfy any legal requirements that such communications be in writing. Service communications cannot be opted out of and therefore if you do not wish to receive these communications, you must stop using Pointspay and request termination of your Pointspay membership – please refer to the Privacy Notice for more email@example.com
7.1 Termination by you
You may terminate your Pointspay membership at any time, by contacting us.
7.2 Termination by Pointspay Management
We have the right to terminate your Pointspay membership at any time and for any reason on one hundred and eighty (180) days’ notice.
We also reserve the right to immediately terminate any membership for any misuse or fraudulent activity.
8.1 Processing of Personal Information
We process personal information as required to operate Pointspay as explained in our Privacy Notice. By using Pointspay, you consent to the transfer of your information between your Loyalty Program and Pointspay Management 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.
8.2 Confidentiality of Credentials
Access to and use of password protected and/or secure areas of the Site is restricted to authorised persons only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You are responsible for maintaining the confidentiality of your credentials, including your Pointspay account and password, and for restricting access to your computer(s) to prevent unauthorised access to the Site. You agree to accept responsibility for all actions that occur under your Pointspay account or password. You should take all necessary steps to ensure that your credentials are kept confidential and secure and should inform Pointspay Management 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 unauthorised manner. Neither your Loyalty Program nor Pointspay Management bear any responsibility for any consequences of illegal use of your credentials.
9. Indemnification and Limitation of LiabilityWhen 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 Pointspay Management who shall not be liable for the acts, errors, omissions, representations, warranties or negligence of Pointspay Merchants.
As far as permissible by applicable law and subject to damages caused wilfully or with gross negligence, your Loyalty Program and Pointspay Management 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. To the extent permitted by law, your Loyalty Program and Pointspay Management 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.
Pointspay Management provides no warranty whatsoever, express or implied, and assumes no responsibility to you or any third party, (i) as to the timeliness, accuracy, completeness, availability, merchantability, quality, fitness for any particular purpose and non-infringement of the information and content including any software programs available on or through the Site (collectively “Content”) or that the Content is up to date ; (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, Pointspay Management, 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 Pointspay Management cannot and do not guarantee continuous, uninterrupted or secure access to the Site or Pointspay.
11. Copy Rights and Trade MarksThe trademarks, logos, service marks and other content protected by intellectual property law (collectively,” Marks”) displayed on Pointspay are the property of your Loyalty Program, Pointspay Management 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 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: Pointspay Management's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.
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 Pointspay Terms, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
Last updated: 9th Feb, 2023
- Quick access Terms & Conditions
- 1. Access to Pointspay
- 2. Use of Pointspay
- 3. Points Redemption
- 4. Points Accrual
- 5. Electronic Communication
- 6. Customer Service
- 7. Termination
- 8. Personal Information
- 9. Indemnification and Limitation of Liability
- 10. Legal Remedies
- 11. Copy Rights and Trade Marks
- 12. Pointspay Terms Updates
- 13. Governing Law