Terms & Conditions



1. Access to the Smiles Shop

1.1 Smiles Shop:

The Smiles Shop is part of the Emirates Telecommunications Corporation (hereinafter referred to as "Etisalat") Rewards reward programme. The use of the Smiles Shop is exclusively for Etisalat Members who can enter into legally binding agreements under applicable law. The rules relating to the use of the Smiles Shop are set out below.

1.2 Acceptance of Terms and Conditions:

By accessing this site and making transactions through the Smiles Shop, specifically by clicking the "I AGREE" and similar buttons, you expressly indicate your acknowledgment and acceptance of the rules applicable to the Smiles Shop.

1.3 Acceptance of Electronic Communication:

You consent to receive communication, including reward purchase confirmation, from Etisalat, its shop operator and the independent merchants electronically and agree that such electronic communication satisfies any legal requirements that such communications be in writing. If you no longer wish to receive our newsletter you can unsubscribe at any time, simply by clicking the "Unsubscribe"/"Opt-out" link in the footer of any of our newsletters.

1.4 Redemption Types:

You have the possibility to redeem Smiles Points (hereinafter referred to as "Smiles Points") in accordance with the following redemption types: Buying, Donating, Raffles, and Bidding. For each transaction, you need to use at least one Point. See further below for each redemption type.

1.5 Rewards:

The rewards consist of any goods or services purchased by you, by buying or bidding, or awarded to you in a raffle, and sold, auctioned, awarded and distributed by independent merchants that make available such rewards directly to you via the Smiles Shop.

1.6 Relation between You and Merchant:

Every time you purchase, by auction or otherwise, a reward via the Smiles Shop, you directly enter into an agreement with the respective merchant. Etisalat and its shop operator only provide the access and the technical platform for you to redeem rewards directly from the merchant. You agree and acknowledge that separate terms and conditions of the relevant merchant will apply to any reward redemptions via the Smiles Shop. You agree to abide to such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claim for damages. Neither Etisalat nor its shop operator becomes party to the transaction between you and the merchant. Etisalat and the shop operator strongly recommend that you check the terms and conditions of the merchant prior to redeeming any reward.

1.7 Use of Smiles Shop:

You may only use the Smiles Shop to make non commercial, legitimate reservations or reward purchases or benefit from other redemption types and shall not use the site or the Smiles Shop for any other purposes, including making any speculative, false or fraudulent reservations or reward purchases or other reward redemptions. Rewards on the shop are subject to availability at the time of booking. By accessing and/or using the Smiles Shop, you authorize Etisalat and the shop operator to consider any person using your information a legitimate user. Rewards can be redeemed only by the Etisalat member personally. Members/legal guardians must ensure that the log in details are not used illegally. Etisalat bears no responsibility for any consequences of illegal use of the personal details. Etisalat reserves the right to terminate membership in cases it deems constitute misuse.

1.8 Restriction on Use:

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

2. Customer Service:

For questions related to the products purchased in the Smiles Shop or to your order, please contact the relevant merchant. For general questions related to the Smiles Shop and the redemption types, please contact the shop operator, Loylogic at Loylogic Inc., Freihofstrasse 22, CH-8700 Kuesnacht, Switzerland, Tel: +41 43 500 5155, e-mail: etisalat.feedback@loylogic.com

3. Rewards Redemption:

3.1 Buying:

Through this redemption type, you have the possibility to purchase rewards from merchants in exchange for Smiles Points, or a combination of Smiles Points and cash. For each transaction, the use of at least one Point is mandatory. For details on see further below.

3.2 Donating:

Through this redemption type, you have the possibility to redeem Smiles Points by making donations or contributions to charitable or other institutions. Donations can only be made in Smiles Points and no cash donations can be made through the Smiles Shop.

3.3 Bidding:

Through this redemption type, you have the possibility to redeem Smiles Points by bidding on rewards by auction. Auction bids can be settled either in Smiles Points, or any combination of Smiles Points and cash. Decisions as to what constitutes a qualifying bid, as well as exceptions, will be made at the sole discretion of Etisalat or the shop operator. Although these rules refer to the term "Auction", it is important to note that neither Etisalat nor its shop operator is an "auctioneer" in the traditional sense. Instead, Etisalat allows you to bid for and purchase rewards offered by merchants in the Smiles Shop using Smiles Points bids in an auction-style format commonly referred to as "auction". For specific bidding rules, and purchase information, see section 7 below.

3.4 Raffles:

Through this redemption type, you have the possibility to redeem Smiles Points by purchasing raffle tickets for such amount as specified in the Smiles Shop for each specific raffle, provided that you have sufficient Smiles Points available on your Account. Raffle tickets can only be redeemed against Smiles Points and no raffle tickets can be purchased in cash. You have the possibility to purchase multiple raffle tickets for the same draw. Winners of the raffle will be informed by email. For specific raffle rules, see section 6 below.

4. Payment for rewards:

4.1 General:

When purchasing rewards via the Smiles Shop, either by auction a by "normal" purchase, you can pay for such rewards either with Smiles Points, or with any combination of Smiles Points and cash.

4.2 Payment with Smiles Points:

You may purchase a reward for such amount of Smiles Points as indicated for each reward in the Smiles Shop, provided that you have sufficient Smiles Points available on your account at the time of purchase. Smiles Points that are not yet accrued and credited to your account at the time you place the purchase order are not available for reward purchase. Should you not have sufficient Smiles Points available at your account at the time of the purchase, or should you prefer to pay only part of the reward in Smiles Points, you may pay the difference in cash (by payment card or credit card) in accordance with these terms and conditions. Smiles Points are deducted from your account as soon as a reward is purchased.

4.3 Payment by Payment Card or Credit Card:

You may pay part of the reward 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 Secured) is used. REMOVE THIS SENTENCE: "The communication with the payment gateway happens via https whereby the SSL certificate is signed by UTN." The amount as indicated in the Smiles Shop for the respective reward will be collected by shop operator on behalf of Etisalat or the merchant as the case may be.

4.4 Conversion Ratio:

The amount of Smiles Points necessary for the purchase of a reward is determined by Etisalat and Etisalat has the right, at any time and at its sole discretion, to change the amount of Smiles Points necessary to purchase a reward. The conversion ratio of Smiles Points can differ from reward to reward.

4.5 Conversion into Cash:

The conversion of Smiles 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 return of the reward or services or the cancellation of Etisalat membership.

4.4 Reclaim of Smiles Points:

Any rewards purchased by you with Smiles Points that have not been properly debited to your account can be reclaimed by Etisalat at any time without compensation.

5. Shipping, Handling and Return of Rewards:

5.1 General:

Regarding shipping, handling, returns or other delivery related matters such terms and conditions as set out in the relevant merchant details on the Smiles Shop are exclusively applicable.

5.2 Shipping

Rewards are sent only to the member's registered address or to such other address as explicitly provided with a specific reward order. Delivery dates cannot be guaranteed and Etisalat or its shop operator assumes no liability for failed deliveries caused by incorrect addresses, absence of the recipient, customs issues, force majeure or other reasons not under reasonable control of Etisalat or the shop operator. Please contact the merchant in case of non-delivery of the reward beyond the estimated delivery time stipulated on the order confirmation page. Any non-delivery claims received later than 3 months from order date can no longer be processed.

5.3 Fees and Taxes:

The prices on the Smiles Shop include all taxes and shipping and handling fees unless otherwise specified. Nevertheless, for some rewards, you may be charged and may bear in addition local duties and taxes such as for example VAT and/or luxury taxes depending on your local jurisdiction. Please check with your local authorities prior to ordering a reward.

5.4 Withdrawal Period:

Where required by applicable law, our merchants give a 14-day withdrawal period dating from the day on which you received the item. The withdrawal period shall however always comprise at least seven working days from the day on which you received the item. During this period, you have the right to withdraw from the purchase by notifying the merchant and returning the unused and undamaged products in original packaging to merchants address. If the item is damaged or lost during its return by you to merchant, you are liable to pay for it. Products returned thereafter can no longer be considered for refund or exchange nor can the Smiles Points be refunded unless specified otherwise.

5.5 Return Handling:

In case of an existing fault in an item, such guarantee periods, if any, as set out in the relevant merchant terms and conditions in the Smiles Shop are exclusively applicable.

5.6 Guarantee Period:

In case of an existing fault in an item, such guarantee periods, if any, as set out in the relevant merchant terms and conditions in the Smiles Shop are exclusively applicable.

5.7 Refund policy for points collected on orders placed:

Certain transactions on Smiles Shop are eligible for Smiles Points credit, as indicated on the website. In case such transaction is reversed or cancelled for whatever reason, and Shop Operator has not been able to reverse Smiles Points credited to you, Shop Operator reserves the right to deduct the value of any Smiles Points credited to you from any cash amount due to be refunded to you after cancellation or reversal of a transaction.

6. Raffles:

6.1 Participation:

In order to participate in a raffle, you must purchase at least one raffle ticket. You have the possibility to purchase multiple raffle tickets for the same draw. Multiple raffle tickets will mean multiple raffle entries, and thus multiple chances to win in the draw. The purchase of a raffle ticket and therefore the participation in the specific draw is considered "completed" once you see the respective confirmation page. In case the purchase for a raffle ticket is interrupted and the confirmation page is not displayed, you must repeat the purchase process. After the purchase of raffle ticket, you will automatically participate in the specific draw you purchased the raffle ticket for.

6.2 Close of Raffle:

Sale of raffle tickets for a specific raffle closes when the specified number of Smiles Points has been redeemed against raffle tickets for this specific raffle. Raffle period, time and date of draw and all other applicable terms will be established by Etisalat for each raffle and be published on the Smiles Shop at least 30 days prior to the draw. After a raffle is closed, a blind draw of one winning ticket and two substitute tickets from all sold tickets will be held no later than 15 days after the closure of a raffle. The winner will be the person whose ticket number is first chosen at the blind draw. The decision of Etisalat will be final and binding on all entrants and no correspondence will be entered into.

6.3 Raffle Winner:

The winner will be informed by email. The winner will be required to fax a copy of the confirmation page of its winning ticket and confirm their identity and legal age by faxing the relevant page of their passport, driving license or national identity card to Etisalat. Following receipt and verification of the details above, the winner will be contacted in order to make arrangements for delivery of the Reward. The winner explicitly agrees that its name and place of residence (country and state) as well as the number of Smiles Points invested in the respective raffle can be displayed in the Smiles Shop for a certain period following the raffle. The winner explicitly agrees to bear the cost of customs, VAT, and any other related taxes or fees and Etisalat and the shop operator reserve the right to invoice the winner for said fees.

3.4. Points Accrual6.4 Conversion of Reward:

The conversion of a raffle Reward into a cash amount and the payment of such cash amount to the winner or any similar transactions are not possible. Etisalat will store the winning prize free of charge for 15 days after notifying the winner. If the Reward is not claimed at the expiration of this grace period, a storage charge may be applied.

6.5 Substitute Winner:

In case the winner does not, for any reason whatsoever, accept or claim a raffle Reward, or should it be determined that the winner was not eligible to participate in or was expelled from the raffle for any reason, such winner shall forfeit all Smiles Points redeemed for such Reward item and the Reward shall be awarded to the substitute winners, in the sequence of their draw. If necessary, a new winner shall be drawn from the existing raffle ticket pool.

6.6 Change of Rules:

Etisalat reserves the right to cancel any raffle, for any reason, before or after all or some of the raffle tickets have been sold. In these circumstances Etisalat will return the ticket purchase cost to all participants in the cancelled raffle without obligation to pay any interest whatsoever.

6.7 Legal Compliance:

By purchasing a raffle ticket in the Smiles Shop, you confirm that you are not breaching any laws in your country of residence regarding the legality of entering the raffle. In case you participate in a raffle although applicable jurisdiction prohibits raffles and/or raffle participation, Etisalat reserves the right not to ship the raffle reward and still deduct the relevant Smiles Points from your account. Etisalat and its shop operator will not be held responsible if you enter into any raffle unlawfully. If in any doubt you should check with the relevant authorities in your country.

7. Auctions:

7.1 Minimum Bid:

For each specific auction reward you wish to bid for, you must place the required minimum bid in Smiles Points. In case your bid exceeds the number of Smiles Points available on your account at the time of placing the bid and provided you have the winning bid at the time of auction closure, the bid amount will have to be settled in accordance with Section 4.

7.2 Maximum Bid:

For auctions where you can place a maximum bid, the system will place bidding iteration on your behalf till your maximum bid is reached. The system will allow you to place a bid only if no bidding iteration is in progress else you will see a message informing you of the same. If you have placed a maximum bid (higher than the required minimum bid), the system will automatically increase the bid on your behalf, using only as much of your maximum bid as is required to keep you in the winning lot. The maximum bid is the highest price in Smiles Points you are willing to pay for the item.

7.3 Multiple Bids:

Multiple quantities of the same reward items may be listed as a multi-item auction. In a multi-item auction bidders must specify both the quantity of items they want to bid for and the bid price per item.

7.4 Bidding Details:

Bidding period, minimum Smiles Points requirement, bid increments depending on reward value, and all other applicable terms will be established by Etisalat or the shop operator for each bidding reward item and published on the Smiles Shop.

7.5 Bidding Completion:

A bid is considered "completed" once you see the respective confirmation page. In case the registration for a specific bid is interrupted and the respective confirmation page is not displayed, you must resubmit your bid after checking My Auctions page under My Rewards. In case a bid is registered after the bidding period has elapsed, such bid is not eligible. Once a bid is completed, you cannot retract or withdraw the bid nor can the bid be decreased. However, your bid can be increased by you at any time during the ongoing bidding process by placing a higher bid.

7.6 Winning Bid:

Should your bid be determined the winning bid, this will constitute a legally binding contract between you and the relevant merchant and you will receive an email notification with a link to the My Auctions section of the Smiles Shop. There, you will have to settle within three days the winning bid amount as stated in the Auction Details either in Smiles Points, or any combination of Smiles Points and cash (by payment card or credit card). The winner explicitly agrees that its name and place of residence (country and state) as well as the number of Smiles Points invested in the respective auction can be displayed in the Smiles Shop for a certain period following the auction.

7.7 Settlement of Bid Amount:

The auction reward will only be awarded and delivered to you after the bid amount has been paid and settled in accordance with Section 4.

7.8 Ineligible Winner:

Should it be determined that the winner was not eligible to participate or was expelled from participating in the auction for any reason, the next highest bidder will be deemed to be the winner.

7.9 Legal Compliance:

By participating in an auction via the Smiles Shop, you confirm that you are not breaching any laws in your country of residence regarding the legality of participating in such auction. Etisalat and the shop operator will not be held responsible if you enter into an auction unlawfully. If in any doubt you should check with the relevant authorities in your country of residence.

8. Personal Information:

8.1 Share of Information:

The data collected through the Smiles Shop is governed by Etisalat Privacy Policy which shall be deemed to be incorporated into these Terms and Conditions. In order for Etisalat to process any reward purchase transactions or other reward redemptions via the Smiles Shop, you will have to transmit certain personal information, including your name, home and email address, phone number and, if paid in cash, credit card information. By providing such information you consent to Etisalat and the shop operator sharing certain of that information with third party providers as necessary to process and complete the required transaction. Etisalat and the shop operator shall not be liable for any wrong personal information received or obtained from you.

8.2 Consent to Transfer:

You further acknowledge and agree that by providing Etisalat with any personal or proprietary information, directly or indirectly through the Smiles Shop or the Etisalat programme, you consent to the transmission of such personal or proprietary information over international borders as necessary for processing the relevant transactions in accordance with Etisalat Privacy Policy.

9. Limitation of Liability:

9.1 Contracting Party:

When purchasing items through the Smiles Shop, you enter into an agreement with the relevant merchant of the product, and not with Etisalat or its shop operator. You expressly acknowledge and agree that merchants are independent contractors and not employees or agents of Etisalat or the shop operator. Neither Etisalat nor its shop operator is liable for the acts, errors, omissions, representations, warranties or negligence of the merchants. Etisalat and its shop operator shall not be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by the merchant on any reward items. As far as permissible by applicable law, Etisalat and the shop 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 the rewards provided by any merchant through the Smiles Shop, 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 such merchant and you hereby expressly exonerates Etisalat and shop operator from any liability with respect to the same. To the extent permitted by law, Etisalat and the shop 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 merchant.

9.2 No Warranty:

Etisalat and the shop operator do not warrant or represent that the content on the Smiles Shop site or any website linked to the Smiles Shop site (the "Site") is complete or up-to-date. Etisalat and the shop operator are under no obligation to update any content on the Site. Etisalat may change the content on or make improvement or changes of the Site 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 Etisalat and its shop operator specifically disclaim any liability for such inaccuracies and errors.

9.3 Limitation of Liability:

You agree that Etisalat, its affiliates, the shop operator and any of their respective officers, directors, employers, or agents will not 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 the Smiles Shop, or with the delay or inability to use the Site or a linked Site, even if Etisalat is 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. Etisalat cannot and do not guarantee continuous, uninterrupted or secure access to the Site or the Smiles Shop.

9.4 Legal Remedies:

Etisalat reserves the right to seek all remedies available at law and in equity for any misuse of the site or the Smiles Shop and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing the Smiles Shop.

10. Copy Rights and Trade Marks:

The trademarks, logos and service marks (collectively referred to as "Marks") displayed on the Smiles Shop are the property of Etisalat, the shop operator or of the 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 Etisalat, or such other party which may own the Marks. All information and content including any software programs available on or through the site (collectively referred to as "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 apply to the features and services accessible via the Smiles Shop, including without limitation: U.S. Patent No. 8,533,083 and 7,698,185

11. Confidentiality of Personal Information:

Access to and use of password protected and/or secure areas of the Smiles Shop is restricted to authorized persons only. Unauthorized individuals attempting to access these areas of the Smiles Shop 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 the Smiles Shop. You agree to accept responsibility for all redemption and other 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 Etisalat 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.

12. Exchange Rates:

All exchanges rates displayed on the Smiles Shop in connection with any reward transactions are under license from XE.com

13. Shop Operator:

The contract is closed between customer and Loylogic as soon as the order is submitted. Loylogic is the Shop Operator of the Smiles Shop. All credit card transactions over the Etisalat Smiles Shop are handled by the Shop Operator. In case of questions, please contact Loylogic, Freihofstrasse 22, 8700 Kuesnacht, Switzerland.

1. Access to PointsPay

1.1 PointsPay

The contract is closed between customer and Loylogic as soon as the order is submitted. Loylogic is the Shop Operator of the Smiles Shop. All credit card transactions over the Etisalat Smiles Shop are handled by the Shop Operator. In case of questions, please contact Loylogic, Freihofstrasse 22, 8700 Kuesnacht, Switzerland.

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 Relation between You and PointsPay Merchants

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

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

3. Points Redemption

3.1 General

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 from your Loyalty Program account following a purchase via PointsPay , missing Points can be reclaimed by PointsPay from your Loyalty Program at any time without notice.

4. Points Accrual

4.1 General

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 Reversal of Points

Certain transactions are eligible for Points credit, as indicated on the website. In case a transaction is reversed or cancelled for whatever reason, and Loylogic has not been able to reverse Points credited to you, Loylogic reserves the right to deduct the value of any Points credited to you from any cash amount due to be refunded to you after cancellation or reversal of a transaction.

4.5 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

6.1 Share of Information

The data collected through PointsPay is governed by the PointsPay Privacy & Cookies Poli cy 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 PointsPay Privacy & 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, Seestrasse 78, 8703 Erlenbach, Switzerland.

Last updated: 13th Nov, 2018