PointCheckout Terms and Conditions

Access to PointCheckout

PointCheckout 

PointCheckout is a merchant payment process ("PointCheckout ") 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 PointCheckout as a payment method on their websites ("PointCheckout Merchants") and also to earn loyalty points from their Loyalty Program. The use of PointCheckout 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 PointCheckout are set out below.

Acceptance of Terms and Conditions

By accessing and/or signing up for PointCheckout or using PointCheckout 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 PointCheckout and the Privacy & Cookies Policy.

Acceptance of Electronic Communication

You consent to receive service communications, including purchase confirmation, from your Loyalty Program and PointCheckout 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 PointCheckout and request deletion of your membership – please refer to the Privacy & Cookies Policy for more information.

Relation between You and PointCheckout Merchants

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

Use of PointCheckout 

You may only use PointCheckout to make non-commercial, legitimate reservations or purchases and shall not use PointCheckout for any other purposes, including making any speculative, false or fraudulent reservations or purchases. By accessing and/or using PointCheckout, you authorize your Loyalty Program and PointCheckout 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 PointCheckout bear any responsibility for any consequences of illegal use of your personal details. Your Loyalty Program and PointCheckout reserve the right to terminate membership in cases they deem constitute misuse.

Restriction on Use

Due to local laws and regulations, your Loyalty Program and PointCheckout reserve the right to exclude members from certain jurisdictions from making transactions using PointCheckout. By making transactions via PointCheckout, 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 PointCheckout will be held responsible (i) for the exclusion of members from certain jurisdictions and/or (ii) if you use PointCheckout unlawfully. If in any doubt you should check with the relevant authorities in your country of residence.


Customer Service

All questions related to the products and/or services purchased using PointCheckout should be directed to the relevant PointCheckout Merchant, including but not limited to questions related to shipping, delivery, and refunds. For general questions related to PointCheckout please contact us at: support@PointCheckout.com


Points Redemption

General

When making purchases via PointCheckout, you can pay PointCheckout Merchants either with Points, or, where your Loyalty Program and the relevant PointCheckout Merchant permits you to, with a combination of Points and cash. Your Loyalty Program and/or the PointCheckout 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.

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 PointCheckout once you have chosen your product on the PointCheckout Merchant’s website and then selected PointCheckout 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 PointCheckout 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.

Payment by Debit or Credit Card

When redeeming Points towards a purchase, if permitted by your Loyalty Program and the relevant PointCheckout Merchant you may pay part of the price by debit card or credit card. PointCheckout 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 PointCheckout on behalf of the PointCheckout Merchant.

Conversion Ratio

The amount of Points necessary for a purchase is determined by your Loyalty Program and PointCheckout  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, PointCheckout merchants, the products being purchased, and depending on your Loyalty Program tier level.

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 PointCheckout Checkout, missing Points can be reclaimed by PointCheckout Checkout from your participating program at any time without notice.


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 PointCheckout Merchant website are exclusively applicable.


Personal Information

Regarding shipping, handling, taxes, cancellations, returns or other delivery related matters such terms and conditions as set out in the relevant PointCheckout Checkout Merchant website are exclusively applicable.


Share of Information

The data collected through PointCheckout is governed by the PointCheckout Privacy & Cookies Policy which shall be deemed to be incorporated into these Terms and Conditions. By using PointCheckout, you consent to the transfer of your personal information between your Loyalty Program and PointCheckout in order to process your request(s) to pay with Points, and, where relevant, to accrue Points. In addition, data collected by PointCheckout 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 Privacy and Cookies Policy.


Limitation of Liability

Contracting Party

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

No Warranty

Neither your Loyalty Program nor PointCheckout warrant or represent that the content on the PointCheckout 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 PointCheckout specifically disclaim any liability for such inaccuracies and errors.

Limitation of Liability

You agree that neither your Loyalty Program nor PointCheckout , 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 PointCheckout , 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 PointCheckout cannot and do not guarantee continuous, uninterrupted or secure access to the Site or PointCheckout.

Legal Remedies

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


Copy Rights & Trade Marks

The trademarks, logos and service marks (collectively "Marks") displayed on PointCheckout are the property of your Loyalty Program, PointCheckout and/ or of the PointCheckout 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 PointCheckout.


Confidentiality of Personal Information

Access to and use of password protected and/or secure areas of PointCheckout is restricted to authorized persons only. Unauthorized individuals attempting to access these areas of PointCheckout 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 PointCheckout. 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 PointCheckout 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.


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.


Governing Law

These terms and conditions are governed by the laws of Abu Dhabi Global Market (ADGM). You hereby consent to the exclusive jurisdiction and venue of the courts in ADGM 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.


Payment Card Transactions:

Payment card transactions are processed by PointCheckout Holding Company Limited or one of its subsidiaries, namely PointCheckout FZ-LLC (in UAE) or PointCheckout BV (In Netherlands).



Last Updated June 24, 2018 9:48 AM