Reward Store Terms and Conditions

Choice shop: The Choice shop is part of the Choice reward program. The use of the Choice shop is exclusively for Choice members who can enter into legally binding agreements under applicable law. The rules relating to the use of the Choice shop are set out below.

Acceptance of Terms and Conditions: By accessing this Choice shop site or any website linked to the Choice shop site (“Site”) and making transactions through the Choice shop, specifically by clicking the "I AGREE" and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the rules applicable to the Choice shop.

Acceptance of Electronic Communication: You consent to receive communication, including reward purchase confirmation, from Choice, 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.

Redemption Types: You have the possibility to redeem Choice points in accordance with the following redemption types: Buying, Donating, and Bidding. For each transaction, you need to use at least one Point. See further below for each redemption type.

Rewards: The rewards consist of any goods or services purchased by you, by buying or bidding, and sold and distributed by independent merchants that make available such rewards directly to you via the Choice shop.

Relation between You and Merchant: Every time you purchase, by auction or otherwise, a reward via the Choice shop, you directly enter into an agreement with the respective merchant. Choice 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 Choice 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 Choice nor its shop operator becomes party to the transaction between you and the merchant. Choice and the shop operator strongly recommend that you check the terms and conditions of the merchant prior to redeeming any reward.

Use of Choice shop: You may only use the Choice shop to make noncommercial, legitimate reservations or reward purchases or benefit from other redemption types and shall not use the Site or the Choice shop for any other purposes, including making any speculative, false or fraudulent reservations or reward purchases or other reward redemptions. Rewards on the Choice shop are subject to availability at the time you place the purchase order. By accessing and/or using the Choice shop, you authorize Choice and the shop operator to consider any person using your information a legitimate user. Rewards can be redeemed only by the Choice member personally. Members/legal guardians must ensure that the login details are not used illegally. Choice and the shop operator bear no responsibility for any consequences of illegal use of the personal details. Choice and the shop operator reserve the right to terminate membership in cases they deem constitute misuse.

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

For questions related to the products purchased in the Choice shop or to your order, please contact the relevant merchant. For general questions related to the Choice shop and the redemption types, please contact us.

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

Donating: Through this redemption type, you have the possibility to redeem points by making donations or contributions to charitable or other institutions. Donations can only be made in points and no cash donations can be made through the Choice shop.

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

General: When purchasing rewards via the Choice shop, either by auction a by “normal” purchase, you can pay for such rewards either with points, or with any combination of points and cash.

Payment with points: You may purchase a reward for such amount of points as indicated for each reward in the Choice shop, 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 account at the time you place the purchase order are not available for reward purchase. Should you not have sufficient points available at your account at the time of the purchase, or should you prefer to pay only part of the reward 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 a reward is purchased.

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. The communication with the payment gateway happens via https. The amount as indicated in the Choice shop for the respective reward will be collected by shop operator on behalf of Choice or the merchant as the case may be.

Conversion Ratio: The amount of points necessary for the purchase of a reward is determined by Choice and Choice 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 from reward to reward.

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 return of the reward or services or the cancellation of Choice membership.

Reclaim of points: Any rewards purchased by you with points that have not been properly debited to your account can be reclaimed by Choice at any time without compensation.

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

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 Choice 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 Choice 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.

Fees & Taxes: The prices on the Choice 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.

Withdrawal Period: Where required by applicable law, our merchants give a 14-day withdrawal period dating from the day on which you received the reward. The withdrawal period shall however always comprise at least 7 working days from the day on which you received the reward. 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 merchant's address. If the reward is damaged or lost during its return by you to merchant, you are liable to pay for it. Rewards returned thereafter can no longer be considered for refund or exchange nor can the points be refunded unless specified otherwise.

Return Handling: In case a merchant grants a return period that exceeds any legally required withdrawal period, such terms as set out in the relevant merchant terms and conditions in the Choice shop are exclusively applicable. In case of (i) returns in accordance with the applicable terms and conditions of the relevant merchant, or (ii) unsuccessful delivery due to your actual fault (e.g., insufficient or incorrect delivery address or no physical acceptance of reward at delivery address) you may be charged with incurred credit card fees, additional shipping and handling fees, and any other taxes and expenses in connection therewith. You may be required to pay these charges in points equivalent or cash, depending on the nature of the original redemption transaction.

Guarantee Period: In case of an existing fault in a reward, such guarantee periods, if any, as set out in the relevant merchant terms and conditions in the Choice shop are exclusively applicable.

Minimum Bid: For each specific auction reward you wish to bid for, you must place the required minimum bid in points. You will be disqualified if you do not have at least one Point at auction closure.

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 points you are willing to pay for the reward.

Multiple Bids: Multiple quantities of the same reward rewards 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.

Bidding Details: Bidding period, minimum points requirement, bid increments depending on reward value, and all other applicable terms will be established by Choice or the shop operator for each bidding reward item and published on the Choice shop.

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.

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 Choice shop. There, you will have to settle within 3 days the winning bid amount as stated in the “Auction Details” either in points, or any combination of 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 points invested in the respective auction can be displayed in the Choice shop for a certain period following the auction.

Settlement of Bid Amount: The auction item will only be awarded and delivered to you after the bid amount has been paid and settled.

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.

Legal Compliance: By participating in an auction via the Choice shop, you confirm that you are not breaching any laws in your country of residence regarding the legality of participating in such auction. Choice 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.

Share of Information: The data collected through the Choice shop is governed by Choice privacy policy which shall be deemed to be incorporated into these Terms and Conditions. In order for Choice to process any reward purchase transactions or other reward redemptions via the Choice 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 Choice and the shop operator sharing certain of that information with third party providers as necessary to process and complete the required transaction. Choice and the shop operator shall not be liable for any wrong personal information received or obtained from you.

Consent to Transfer: You further acknowledge and agree that by providing Choice with any personal or proprietary information, directly or indirectly through the Choice shop or the Choice program, you consent to the transmission of such personal or proprietary information over international borders as necessary for processing the relevant transactions in accordance with Choice privacy policy. You further consent to the use of such personal data on an anonymous basis for statistical objectives.

Contracting Party: When purchasing rewards through the Choice shop, you enter into an agreement with the relevant merchant of the product, and not with Choice or its shop operator. You expressly acknowledge and agree that merchants are independent contractors and not employees or agents of Choice or the shop operator. Neither Choice nor its shop operator is liable for the acts, errors, omissions, representations, warranties or negligence of the merchants. Choice 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, Choice 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 Choice 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 Choice and shop operator from any liability with respect to the same. To the extent permitted by law, Choice 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.

No Warranty: Choice and the shop operator do not warrant or represent that the content on the Choice shop site or any website linked to the Choice shop Site is complete or up-to-date. Choice and the shop operator are under no obligation to update any content on the Site. Choice 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 Choice and its shop operator specifically disclaim any liability for such inaccuracies and errors.

Limitation of Liability: You agree that Choice, 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 Choice shop, or with the delay or inability to use the Site or a linked Site, even if Choice 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. Choice and the shop operator cannot and do not guarantee continuous, uninterrupted or secure access to the Site or the Choice shop.

Legal Remedies: Choice and the shop operator reserve the right to seek all remedies available at law and in equity for any misuse of the Site or the Choice 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 Choice shop.

The trademarks, logos and service marks (collectively "Marks") displayed on the Choice shop are the property of Choice, 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 Choice, or such other party which may own 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 apply to the features and services accessible via the Choice shop, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.

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

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

Loylogic is the shop operator of the Choice reward program. All credit card transactions required by the Choice reward program are handled by the shop operator. In case of questions, please contact Loylogic Inc., Freihofstrasse 22, CH-8700 Kuesnacht, Switzerland or send us a message.

2. Reward Card Terms & Conditions

Cornèr Banca SA (hereinafter referred to as "the Bank") shall issue in favour of the card applicant (hereinafter referred to as "the Cardholder") a personal and non-transferable Visa Prepaid PointsPay Card (hereinafter referred to as "the Card") upon the Bank's acceptance of the Card application submitted by Card applicant. The Card may be issued physically by providing a plastic card and a secret personal identification number (hereinafter referred to as "the PIN") or virtually without providing a plastic card and a PIN). These General Terms and Conditions shall apply, to the extent applicable, likewise to physical and virtual Cards.

Upon acceptance of the Card application by the Bank and at any and all times thereafter, the Cardholder directly enters into a Card agreement with the Bank as the Card issuer. Loylogic AG, is the responsible service provider and partner of the Bank (hereinafter referred to as "the Service Provider") . The Cardholder expressly agrees and accepts that any claims arising out of such Card agreement can only and exclusively be made against the Bank as the Card issuer, subject to the limitations provided for in Sections 3 and 4 hereinafter and the Service Provider expressly disclaims any such liability except for the process of converting accrued miles or points into funds as per Section 2, the delivery of the Card, the PIN and other personalized security features as per Section 8, and any consequences arising from the use or nonuse of the online access functionalities as per Section 9.

The Card shall remain valid until the date engraved upon it. If so requested, the Bank may replace the Card before it is due to expire. The Cardholder shall undertake to sign the Card as soon as he/she receives it. The Cardholder shall update his/her profile immediately in case of any changes provided on the Card application, in particular of changes in personal data or address. If the Card is replaced, the balance of the old Card shall be transferred to the new Card, after deduction of any fees.

The Card will be exclusively loaded by the Service Provider via its bank account established with the Bank. Such loading operation shall be exclusively generated as a result of the conversion of accrued miles or points in virtue of a specific electronic tool developed by the Service Provider permitting such conversion. The Cardholder explicitly agrees to such loading operation by the Service Provider including but not limited to the back and forth transfer, debit, and/or credit of miles and points between the Cardholder's miles or points account and the Card. The Cardholder acknowledges that the Bank assumes no responsibility whatsoever with regard to the process of converting accrued miles or points into funds that are loaded or supposed to be loaded on the Card.

The Card can be used up to the amount loaded by the Service Provider. The spending limit per amount loaded shall decrease as Card usage increases but shall rise as subsequent transfers (hereinafter referred to as "reloads") are made to the Card. The amount loaded does not earn any interest. Card spending above the amount loaded shall not be allowed; should this limit nevertheless be exceeded, the Cardholder shall repay the excess amount immediately and in full and Service Provider reserves the right to make such points or miles withdrawal from Cardholder's account and/or invoice the Cardholder for such excess amount spent.

The Cardholder agrees that any Card charge backs and related fees are borne by Cardholder and Service Provider reserves the right to make such points or miles withdrawal from Cardholder's account and/or invoice the Cardholder for such Card charge backs and related fees.

The Cardholder is authorised to purchase goods and services from affiliated merchants worldwide, provided that they are equipped with the electronic acceptance device for Visa Cards which requires the PIN or the signature. Cash withdrawals from ATM's or banks are excluded unless provided otherwise. The Service Provider and the Bank expressly disclaim any liability for purchases made by a party other than the Cardholder.

The Card must be kept in a safe place and protected against unauthorized access or use by third parties at all times. The Cardholder shall neither write down his/her PIN anywhere nor disclose it to anyone, not even to persons claiming to work for the Service Provider or the Bank and identifying themselves as such. The Cardholder shall be liable for all consequences resulting from his/her failure or the failure of the Cardholder of the Partner Card to comply with the obligation to safeguard the PIN and/or the Card. The Cardholder further acknowledges that neither the Bank nor the Service Provider shall be liable in case of interception of the mobile device and subsequent misuse of the online access functionalities, PIN and/or Card by an unauthorized third party if the mobile device password, online access password, and/or PIN have been stored on the mobile device. The Cardholder further acknowledges that neither the Bank nor the Service Provider shall be liable in case of interception or misuse of the points engine of the participating loyalty program by an unauthorized third party, or interception or misuse of a mobile device that has been "jailbroken".

The Card merely functions as a cashless means of payment. The Bank and the Service Provider shall not be held liable for any transactions conducted with the Card. In particular, the Cardholder shall acknowledge that the Bank and the Service Provider are not liable even if, for any reason, the affiliated merchants do not accept the Card, or accept it only partly. The Cardholder shall further acknowledge that the Bank and the Service Provider are not liable in such an event and shall not file any complaint with the Bank and the Service Provider in connection with the vouchers themselves and/or the Card usages relating thereto. This shall also apply in the case of late delivery of, or failure to deliver, goods or services. In the event of disputes or complaints of any kind concerning goods or services, or the exercise of any right in this connection, the Cardholder shall contact exclusively the affiliated merchant. In particular, the Cardholder shall not be released from his obligation to pay the Bank the amounts shown on the e-statements in case of any disputes that may arise. The Card may only be used for transactions which are lawful. The Bank and the Service Provider expressly disclaim any liability in case of unlawful transactions and/or fraudulent use of the Card, false information provided on Card application and/or registration, which may lead to criminal and civil prosecution.

By signing the appropriate voucher when using the Card or by using the PIN, the Cardholder acknowledges the correctness of the amount. Moreover, the Cardholder shall acknowledge the validity of transactions carried out with the Card or with the Card details but without a signature or use of the PIN (on the Internet or over the telephone). The Cardholder irrevocably authorizes the Bank to pay this amount to the affiliated merchant. The Cardholder becomes a debtor of the Bank with regard to the amounts paid by the Bank. The Bank reserves the right not to honor any vouchers which do not comply with these General Terms and Conditions.

All purchases and other transactions made with the Card or with the details on it, as well as all payments, will be treated based on the value and date according to the date of the accounting entry. For Card usage conducted in other currencies (other than the currency of the Card), the Cardholder shall accept the exchange rate used by the Bank.

The Cardholder may at any time view the balance of his/her Card by means of online access functionalities hosted by the Service Provider. The balance includes all transactions notified to the Bank up to the evening of the previous Swiss working day. The e-statement shall be regarded as approved unless it is contested in writing immediately but at any rate no later than 30 days following the accounting entry date. Late notification of contested items shall not be considered.

Should the Card be cancelled, the Cardholder may ask for reimbursement of the remaining balance after deduction of administrative expenses as indicated in the table in the Card application form or as separately communicated by the Bank.

If the Card is lost or stolen, the Cardholder must report the event immediately to the Bank by telephone with subsequent confirmation in writing. In the event of theft, the Cardholder must also report the theft to the police. Until such time as the Bank receives such notification of the loss/theft, the Cardholder shall be liable for any fraudulent use of the Card. The Cardholder will be responsible for any transaction which has been made through the use of the Card and his/ her PIN, even after the Card has been reported lost or stolen. He/she shall not be deemed liable if he has exercised all due care in safeguarding the Card. In principle, such a replacement shall not be made until 7 days following such a request.

The Bank reserves the right at its discretion to block and/or recall the Card of the Cardholder at any time, without advance warning and without having to give reasons. Its decision cannot be contested. The Bank and the Service Provider shall not be held liable for consequences which might arise for the Cardholder as a result of the blocking or recall of the Card. The use of a blocked Card is unlawful and may result in prosecution, as may the obligations incurred by the Cardholder as a result. The Bank reserves the right to provide the affiliated merchants with any information they may require to obtain the amount due directly from the Cardholder.

The Cardholder instructs the Bank to deliver the Card, the PIN and other personalised security features issued from time to time by the Bank in his/ her favor as well as the documentation and information related to the use of such Card, PIN or other personalised security features at his/her attention to the Service Provider or its authorized agent. The Service Provider and/or its authorised agent shall be responsible to deliver such tools, documentation and information to the Cardholder by adopting appropriate security measures. The Card and the PIN may be posted to the address provided by the Cardholder in the application form. The Card and the PIN shall be delivered to the Cardholder in different envelopes. The Service Provider and the Bank expressly disclaim any liability for late shipment or none arrival of the Card and/or PIN and any follow up shipment remains at Cardholder's expense. The Card shall remain the property of the Bank at all times.

The Cardholder instructs the Bank to make available to the Service Provider any information related to the Card, in particular information concerning Card issuance, Card use, reloading, etc., in order to enable the Service Provider to administer its relationship with the Cardholder. The Service Provider will provide appropriate online access functionalities and make available to the Cardholder electronically a statement of the executed transactions and Card usages, reloadings, charges and fees (e-statement). In the event of discrepancies between the records provided by the Service Provider and the internal accounting records of the Bank, the Bank records shall prevail. The Cardholder explicitly accepts to receive all these information electronically and not on paper. The Bank shall not be liable for any consequences arising from the use or nonuse of the online access functionalities provided by the Service Provider. The Bank will further neither incur any liability with regard to the accessibility or serviceability of such online facilities nor assume any responsibility regarding the execution, non-execution or partial execution of all obligations incurred by the Service Provider in favour of the Cardholder regarding such online access functionalities including, but not limited to, access codes, passwords, etc. The Bank will make available to the Cardholder, at any time, the Card balance and the e-statements also through its call center.

The Bank is committed to maintaining personal data in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that data is kept secure at all times. Unless required by law or elsewhere in these terms and conditions, personal information will not be passed to anyone without the Cardholder's permission. In order to ensure the operability of the Card with VISA network, the Cardholder authorizes the Bank to transmit, in so far as it is necessary, his/her personal data to third parties, i.e. any entities of the financial sector and to any affiliated merchants/banks, which participate in the relevant international Card payment system, to the Card producers, to the entities which apply the relevant data to the Cards and to the entities which possess the relevant Card license, as well as to the international authorization and clearing authorities. To comply with applicable Know-Your-Client-rules and Anti-Money Laundering Regulations, the Bank, the Service Provider and/or any other business partner (the "Partner") who will introduce the Cardholder to the Service Provider and the Bank, shall be entitled to carry out all necessary verifications regarding the Cardholder's identity. The Cardholder acknowledges and accepts this concept of data processing and accepts further, that his personal data may be used by the Service Provider and the Bank for proper marketing purposes.

The Cardholder shall pay to the Service Provider and/or the Bank the fees concerning the issuance and use of the Cards as well as the services rendered by the Service Provider and/or authorised agents. With regard to the services rendered, the Bank receives recompense from the Service Provider and respectively the Service Provider receives recompense from the Bank. However, the Bank and/or the Service Provider have no obligation to report to the Cardholder on the payment of such amounts. The Cardholder waives any claims to any such recompense. The Cardholder shall be exclusively liable with regards to payment of the Card fees and all obligations arising from the use of the Card and from these Terms and Conditions. All fees due to Card charge backs, administrative fees, lost or stolen Cards or PINS, shall be borne by the Cardholder.

Except where provided otherwise herein, any communication, notification or transmission of information shall be made in the manner agreed upon between the Bank and the Cardholder in any relevant document (i.e. application form) or by means of the Service Provider's website.

The Bank and/or the Service Provider or its agents shall be authorized to record telephone conversations between it and the Cardholder on quality assurance and security grounds, to store these recordings on data media and to keep them for one year. Moreover, the Cardholder certifies the data furnished on the Card application to be correct and authorizes the Bank to obtain from public offices, banks and authorized third parties any information deemed necessary for the review and verification of the application. The information and data disclosed to third parties shall, in principle, only be used for the collection and performance of outstanding claims. The Cardholder accepts that data are transmitted to the Bank via the international credit card network even related to transactions taking place in Switzerland. The Bank may offer to assign or assign all or any of the rights accruing to it from this Card agreement (from use of the Card, annual fee, etc.) to third parties in Switzerland and abroad. It shall be authorized to divulge information and data in connection with this agreement to such third parties at any time. If the third parties are not subject to Swiss banking secrecy, this information shall be divulged only if the recipients of the information and data undertake to keep them secret and make this obligation binding on any other contracted partners. (The information and data divulged to third parties shall, in principle, only be used for the collection and enforcement of outstanding claims.) The Cardholder has read and understood these General Terms and Conditions and accepts them in full by submitting his or her Card Application. In addition, he shall receive a further copy of these General Terms and Conditions together with his Card. By signing and/or using the Card, the Cardholder confirms acceptance of the General Terms and Conditions. The Bank reserves the right to amend these General Terms and Conditions at any time. The Cardholder shall be informed of such changes by circular letter or in some other appropriate form (i.e. by e-mail, by means of the Service Provider's website, etc.). The changes shall be regarded as accepted by the Cardholder's continued use of Card or if the Cardholder raises no objection within 30 days of notification, whichever is earlier.

All legal relations between the Cardholder and the Bank and/or Service Provider shall be subject to Swiss substantive law with the exclusion of conflict of law principles. The place of performance, the place of special proceedings for the collection of debts owed by Cardholders residing abroad and the exclusive place of jurisdiction for all disputes shall be Lugano, Switzerland, subject to compulsory dispositions of Swiss law. The Bank and/or Service Provider shall, however, also have the right to take legal action against the Cardholder in the competent court of his place of residence or in any other competent court.

3. PointsPay Checkout Terms & Conditions

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.

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: support@pointspay.com

General: 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.

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.,

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.

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.

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.

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 send us a message. (support@pointspay.com)