Terms & Conditions

1.1 Choice Reward Shop

Choice Reward Shop: The Choice Reward Shop is operated by Loylogic ("Shop Operator"). The use of the Choice Reward Shop is exclusively for Choice reward members who can enter into legally binding agreements under applicable law. The rules relating to the use of the Choice Reward Shop are set out below.

Acceptance of Terms & Conditions

By accessing the Choice Reward Shop website or any website linked to the Choice Reward Shop website (“Site”) and making transactions through the Choice Reward 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 Reward Shop and the Privacy & Cookies Policy.

Acceptance of Electronic Communication

You consent to receive service communications, including purchase confirmation, from the Shop Operator and the independent 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 communications, you must stop using the Site and request deletion of your membership – please refer to the Privacy & Cookies Policy for more information.

Redemption Types

You have the possibility to redeem Choice reward Points (“Points”) in accordance with the following redemption types: Buying, Donating, and Raffles. For each transaction, you need to use at least one Point.

Rewards

The rewards consist of any goods or services purchased by you,and sold and distributed by independent merchants who make available such rewards directly to you via the Choice Reward Shop.

Relation between You and Merchant

Every time you purchase a reward via the Choice Reward Shop, you directly enter into an agreement with the respective merchant. The Shop Operator only provides 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 Reward 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. The Shop Operator does not become a party to the transaction between you and the merchant. The Shop Operator strongly recommends that you check the terms and conditions of the merchant available on the Merchant Details tab prior to redeeming any reward.

Use of Choice Reward Shop

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

Restriction on Use

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

1.2. Customer Service

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

1.3. Redemption Types

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 section 4 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

Raffles

Through this redemption type, you have the possibility to redeem Points by purchasing raffle tickets for such amount as specified in the Reward Store for each specific raffle, provided that you have sufficient Points available on your Choice Reward account. Raffle tickets can only be redeemed against Points and no raffle tickets can be purchased in cash.

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.

Close of Raffle

Sale of raffle tickets for a specific raffle closes on the date specified on the Site. Raffle period, time and date of draw and all other applicable terms will be published on the Site. After a raffle is closed, a blind draw 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 the Shop Operator will be final and binding on all entrants and no correspondence will be entered into.

Raffle Winner

The winner will be informed by email. The winner will be required to confirm their identity and legal age by sending a copy of the relevant page of their passport, driving license or national identity card to the Shop Operator. Following receipt and verification of the details above, the winner will be contacted in order to make arrangements for delivery of the prize. The winner explicitly agrees that his/her name and place of residence (country and state) as well as the number of Points invested in the respective raffle can be displayed on the Site 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 the Shop Operator reserve the right to invoice the winner for said fees.

Conversion of Reward

The conversion of a raffle prize into a cash amount and the payment of such cash amount to the winner or any similar transactions is not possible. The Shop Operator will store the winning prize free of charge for 15 days after notifying the winner.

Substitute Winner

In case the winner does not, for any reason whatsoever, accept or claim a raffle prize, 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 Points redeemed for such raffle and the prize 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.

Change of Rules

The Shop Operator 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 the Shop Operator will return the ticket purchase cost to all participants in the cancelled raffle without obligation to pay any interest whatsoever.

Legal Compliance

By purchasing a raffle ticket, 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 where applicable jurisdiction prohibits raffles and/or raffle participation, the Shop Operator reserves the right not to ship the prize and may still deduct the relevant Points from your account. 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.

1.4. Reward Payment

General

When purchasing rewards via the Choice Reward Shop, 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 Reward 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 Reward Shop for the respective reward will be collected by Shop Operator on behalf of the merchant.

Conversion Ratio

The amount of Points necessary for the purchase of a reward is determined by the Shop Operator. Shop Operator 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 the case of return of the reward or services or the cancellation of your Choice Reward Shop membership.

Reclaim of Points

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

1.5 Shipping, Handling and Return of Rewards

General

Regarding shipping, handling, returns or other delivery related matters such terms and conditions as set out in the relevant Merchant Details tab on the Choice Reward 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 the Shop Operator does not assume any liability for failed deliveries caused by incorrect addresses, absence of the recipient, customs issues, force majeure or other reasons not under reasonable control of 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 Reward Shop include all taxes and shipping and handling fees of the merchant 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 or customs taxes depending on your local jurisdiction. Please check with your local customs authorities prior to ordering a reward.

Withdrawal Period

Where required by applicable law, 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 within 14 days of notifying the merchant to the merchant's address. Rewards returned thereafter can no longer be considered for refund or exchange nor can the Points be refunded unless specified otherwise. There may be no withdrawal period for perishable or customized items or for digital downloads – please refer to the Merchant Details tab on the Choice Reward Shop for more details. If the reward is damaged or lost during its return by you to merchant, you are liable to pay for it.

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 Details tab in the Choice Reward 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 Details tab are exclusively applicable.

Refund policy for points collected on orders placed:

Certain transactions on Choice Reward Shop are eligible for Points credit, as indicated on the website. In case transaction is reversed or cancelled for whatever reason, and Shop Operator has not been able to reverse Points credited to you, Shop Operator 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.

1.6. Personal Information

Share of Information

The data collected through the Choice Reward Shop is governed by Choice Reward Shop Privacy & Cookies Policy which shall be deemed to be incorporated into these Terms and Conditions. In order for the Shop Operator to process any reward purchase transactions or other reward redemptions via the Choice Reward 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 the Shop Operator sharing certain of that information with merchants and third-party providers as necessary to process and complete the required transaction, including but not limited to card fraud screening service providers. 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 the Shop Operator with any personal or proprietary information, directly or indirectly through the Choice Reward Shop, you consent to the transmission of such personal or proprietary information over international borders as necessary for processing the relevant transactions in accordance with the Privacy & Cookies Policy.

Newsletters

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.

1.7. Limitation of Liability

Contracting Party

When purchasing rewards through the Choice Reward Shop, you enter into an agreement with the relevant merchant of the product, and not the Shop Operator. You expressly acknowledge and agree that merchants are independent contractors and not employees or agents of the Shop Operator. The Shop Operator is not liable for the acts, errors, omissions, representations, warranties or negligence of the merchants. 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, the Shop Operator hereby disclaims 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 Reward 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 exonerate the Shop Operator from any liability with respect to the same. To the extent permitted by law, the Shop Operator excludes 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.

In the unlikely event that a merchant is unable to provide you with the product you have ordered, for example, in the event of a merchant becoming insolvent, the Shop Operator may, but is not obliged to, source an alternative merchant to provide the same or similar product to you. In such case, you agree to the Shop Operator providing your data to the alternative merchant and for such merchant to provide such product to you directly.

No Warranty

The Shop Operator does not warrant or represent that the content on the Choice Reward Shop site or any website linked to the Choice Reward Shop Site is complete or up-to-date. The Shop Operator is under no obligation to update any content on the Site. The Shop Operator 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 to the extent permitted by law, Shop Operator specifically disclaims any liability for such inaccuracies and errors.

Limitation of Liability

You agree that the Shop Operator and its affiliates and any of its 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 Reward Shop, 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 labor problems or any force majeure. The Shop Operator cannot and does not guarantee continuous, uninterrupted or secure access to the Site or the Choice Reward Shop.

Legal Remedies

The Shop Operator reserves the right to seek all remedies available at law and in equity for any misuse of the Site or the Choice Reward 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 Reward Shop.

1.8. Copy Rights and Trade Marks

The trademarks, logos and service marks (collectively "Marks") displayed on the Choice Reward Shop are the property of 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 the Shop Operator 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 CLIENT Reward Shop, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.

1.9. Confidentiality of Personal Information

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

1.10. Exchange Rates

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

1.11. Shop Operator

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.

1.12. 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.

1.13. Payment Card Transactions

Payment card transactions are processed by Loylogic Inc, Seestrasse 78, 8703 Erlenbach, Switzerland.

2.1 Card Issuance/ Contracting parties

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 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 2.3 and 2.4 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 2.2, the delivery of the Card, the PIN and other personalized security features as per Section 2.8, and any consequences arising from the use or nonuse of the online access functionalities as per Section 2.9.

2.2 Validity/ Loading/ Spending Limit/ Charge Backs

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.

2.3 Use of the Card/ Safeguarding of the Card and PIN/ Limitation of liability

The Cardholder is authorized 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.

2.4 Acknowledging and Processing of Transactions/ Verification of the Balance

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.

2.5 Refund of Balance

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.

2.6 Loss of the Card

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.

2.7 Blocking of the Card

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.

2.8 Transmission of Documentation and Identification Tools

The Cardholder instructs the Bank to deliver the Card, the PIN and other personalized 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 personalized security features at his/her attention to the Service Provider or its authorized agent. The Service Provider and/or its authorized 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.

2.9 Disclosure of information; online information and e-statement; call center facilities

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.

2.10 Data Protection

The Bank is committed to maintaining personal data in accordance with the requirements of the Swiss 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. Further details concerning the Bank’s Data Protection/Privacy Policy are defined in the “Data Privacy Declaration” published on the Bank’s website (cornercard.ch). Accessing this document, that might by updated from time to time, the Cardholder will be informed about the following issues: (i) Who is responsible for data processing within the Bank; (ii) what sources and data does the Bank use and process; (iii) purpose of the Bank’s data processing and the legal basis; (iv) who receives personal data; (v) data transfer to third countries; (vi) duration of data storage; (vii) data protection rights of the Cardholder; (viii) is there an obligation of the Cardholder to provide data; (ix) is profiling or automated decision-making used; (x) opt-out and objecting rights of the Cardholder. 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.

2.11 Fees

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 authorized 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.

2.12 Cardholder communications and enquiries

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.

2.13 Privacy/ Verification, Disclosure, Transfer of Information/ Assignment of Agreement/ Acceptance of Agreement /Place of Jurisdiction/Other Conditions

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 is entitled to commission third parties in Switzerland or abroad to perform all or part of the services pertaining to the contractual relationship, including reward and loyalty programs (e.g. application reviews, card manufacture, contract management, online services, payment collections, client communications, credit risk calculations, payment processing, IT) and for the improvement of the risk models used in granting credit limits and fraud prevention. The Cardholder authorises the Bank to provide these third parties with the data necessary for the diligent performance of the tasks assigned to them and, if required, to transmit this data abroad for this purpose. Data is only disclosed if the recipients undertake to keep the data confidential and to maintain an appropriate level of data protection and to ensure that any other contracting partners are also bound by this obligation. 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.

3.1. Access to PointsPay

PointsPay: PointsPay is a merchant payment process ("PointsPay ") provided by Loylogic (“Loylogic”) which allows members of participating loyalty programs (“Loyalty Program”) to pay for goods/services with a combination of Loyalty Program points/miles (“Points”) and cash via merchants who accept PointsPay as a payment method on their websites ("PointsPay Merchants") and also to earn loyalty points from their Loyalty Program. The use of PointsPay is exclusively for members of participating Loyalty Programs who can enter into legally binding agreements under applicable law. The rules relating to the use of PointsPay are set out below.

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.

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.

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.

Use of PointsPay: 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.

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.

3.2. 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

3.3. Points Redemption

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.

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.

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.

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.

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 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.

3.4. Points Accrual

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.

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.

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.

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.

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.

3.5. 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.

3.6. Personal Information

Share of Information: The data collected through PointsPay is governed by the PointsPay Privacy & Cookies Policy 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.

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.

3.7. Limitation of Liability

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.

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.

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.

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.

3.8. 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.

3.9. 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.

3.10. 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.

3.11. 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.

3.12. Payment Card Transactions:

Payment card transactions are processed by Loylogic Inc, Seestrasse 78, 8703 Erlenbach, Switzerland.