1.1 This is the Terms Of Use (“Terms”) of Pointsnet Sdn. Bhd. (“the Company” or “We” or “Us”) who owns and operates Collect Loyalty Website and Rewards Application (collectively, “Services”). This document provides the Terms in the course of providing access to the Services.
1.2 Our Services provide individuals (“Customers”) with the ability to collect, accumulate loyalty points/tokens and exchange them with rewards (collectively, “Rewards Program”) from various participating merchants (Rewards Providers).
1.3 This Terms applies to all Customers that use the Services to manage their Rewards Program(s) with one or more Rewards Providers. References to "Users" or “You” mean Customers.
1.4 By accessing or using any part of the Services, Users accept and agree to be bound by and comply with this Terms. If Users do not agree to this Terms, Users are not permitted to access or use the Services.
1.5 We may update this Terms from time to time. Any changes We make to this Terms in the future will be posted on this page and, where appropriate, notified to You by email, whereupon your continued use of any part of the Services, shall constitute your acknowledgment and acceptance of the changes We make to this Terms.
1.6 We retain the right, at our sole discretion, to deny access to the Services to anyone at any time and for any reason. While We use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions in the services provided due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
2.1 By registering for the Services, You warrant and represent that You have attained eighteen (18) years of age or above. In the event that You are below the age of eighteen (18) years, You undertake that You shall obtain your parent or legal guardian’s consent. Your parent or legal guardian shall be responsible for your use of the Services.
2.2 You are required to register with the Services to access and use certain features of the Services consistent with the Rewards Program that You have registered. If You choose to register for the Services, You agree to provide and maintain, true, accurate, current and complete information about yourself.
2.3 We respect the privacy of our Users. Registration data and certain other information about You are governed by our Privacy & Cookies Policy. For details please see our Privacy & Cookies Policy. By using the Service, You consent to our collection and use of personal data as outlined therein, including authorising the Company to disclose any relevant information provided by the User within the Services to any Rewards Program with whom the User is registered with.
2.4 You are responsible for maintaining the confidentiality of your account and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify Us of any unauthorised use of your account or any other breach of security, and (b) ensure that You log out of your account at the end of each session. The Company will not be liable for any loss or damages arising from your failure to comply with these requirements.
2.5 We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.
2.6 By using the Service, You may have the opportunity to qualify for the Rewards Program as offered by the Rewards Providers. All Rewards Program(s) made available in connection with the Services are subject to the respective Rewards Providers terms and conditions. Rewards Program(s) are made available directly and exclusively by the relevant Rewards Providers.
2.7 You shall at all times exercise your own judgement and discretion in deciding whether to join or participate in any of the Rewards Program made available by Rewards Providers through the Services and for the avoidance of doubt, We do not endorse or make any representation or warranty, express or implied, in respect of any of the Rewards Program.
2.8 You shall be solely responsible for assessing and agreeing with the terms and conditions of any Rewards Program and communicating with any Rewards Providers in respect of any matter or dispute relating to any Rewards Program.
2.9 The Company is not the Rewards Provider. The Company will have no liability if a Rewards Provider refuses or fails to honour any of the Rewards Program terms and conditions. In addition, the following terms and conditions also apply to all Rewards Program(s):
2.10 During use of the Service, You may purchase or subscribe to goods and/or services from Rewards Providers. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between You and the Rewards Providers.
2.11 Payments for the goods and/or services from Rewards Providers may be made via credit card, debit card or bank transfer. When You provide Us with payment details, You confirm that You are authorised to use the selected payment method. We process payment transactions on your behalf each time a payment is made. We do not hold any financial information or card details. A transaction receipt will be emailed to You confirming either payment is successful or declined.
2.12 We use secure payment card Internet gateway service (with 3D Secure). The communication with the payment gateway happens via https. All payments are made to the Company. We reserve the right to reject usage of Credit or Debit Cards issued from certain jurisdictions from making transactions via the Services.
2.13 The Company reserves the right to impose any charges, fees or subscriptions for the use of certain Services, if such charges are required. We shall notify You of any changes to the fees and charges imposed by giving seven (7) days notice prior to the effective date of the new fees and charges
2.14 All questions or complaints regarding the Services should be written and described in detail to [email protected]. Should You not receive any response from Us within five (5) business days, please make further enquiries.
3.1 The Company obligations hereunder are strictly to provide the Services. We shall not be liable for any dispute on loyalty points/tokens redemption transactions for which You may be redeemed for goods and services supplied by the Rewards Providers. You shall resolve all and any dispute whether as to quality, safety, usability, merchantability, legality or any other matters directly with the Rewards Providers.
3.2 You shall be solely responsible for any fees charged by Rewards Providers or other third parties, and/or the payment of any tax and any other charges arising from the transaction undertaken by You with Rewards Providers.
4.1 The Company may provide links to third-party which include Rewards Providers websites, apps, mobile services or other third-party services (collectively as “ Third-Party Service ”) and may also display, link to or otherwise make available third-party content, data, information, events, apps or materials (collectively as “ Third-Party Material ”) via the Services/Website.
4.2 The Company does not endorse or control, and makes no representations or warranties of any kind, regarding any Third-Party Service or Third-Party Material including the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof.
4.3 Your use of any Third-Party Service or Third-Party Material is entirely at your own risk. The Company is not responsible for any issues, legal or otherwise, that may result from your use of the Third-Party Service or Third-Party Material, including any loss, damage, or harm of any sort incurred as a result of your use of Third-Party Service or Third-Party Material.
5.1 The Company may place advertisements in different locations within the Services/Website and at different points during your use of the Services. You are free to select or click on advertised products and services or not as You see fit.
5.2 Advertisements may be delivered on our behalf by a third party advertising company. You agree and acknowledge that any third party transaction entered by you is at your own risk and the Company shall not take any responsibility and/or liability if the third party failed to honour your transaction. You further agree and acknowledge that You shall not initiate any legal proceedings against Us for any claim You may have against the third party.
6.1 All content included in or made available through the Services, such as text, graphics, logos, images, user interfaces, sounds, music, computer code, the design, “look and feel”, expression and arrangement of the application as well as the compilation thereof, and any software used (collectively as “Materials”), is the property of the Company or licensed to Us or Rewards Providers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
6.2 You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with this Terms. As a condition of your use of the Services, You warrant to the Company that You will not use the Services for any purpose that is unlawful or prohibited by this Terms. You may not obtain or attempt to obtain any Materials through any means not intentionally made available or provided by the Services. Any license granted is revocable at any time.
6.3 You agree and acknowledge that any trademarks, logos, and service marks displayed within the Services (collectively as “Trademarks”) are the registered and unregistered trademarks of the Company and Rewards Providers, or their licensors and suppliers. The Trademarks, whether registered or unregistered, may not be used in any manner that is likely to cause confusion with customers, or in any manner that disparages the Company, Rewards Providers or their licensors and suppliers. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark.
7.1 The Services are provided on an “as is” and “as available” basis. We make no representation or warranty, express or implied, that the Services thereof shall always be reliable, timely, secure or defect free, or that the Services will be uninterrupted and available at all or any particular time or location. You accept that We do not represent or warrant that the Services will be error-free at all times. You are also aware and acknowledge that the Services rely on third party technologies and facilities including wireless connectivity, which are not within our control. You acknowledge the characteristics and limitations of digital and wireless networks and that data may be corrupted, delayed or lost despite security and other measures taken by the Company. You agree and acknowledge not to hold the Company liable for any failures as highlighted above.
7.2 You expressly agree that your use of the Services is at your sole risk and discretion and You will assume total responsibility arising therefrom. You will rely on your own review and evaluation of the Services to assess its suitability for your particular purpose. Your sole remedy against the Company in the event of dissatisfaction is to cease using the Services.
8.1 You acknowledge and agree that the Company shall not, under any circumstances be liable to You for any direct, indirect, special, incidental or consequential losses, damages, liabilities, claims, costs and/or expenses of any kind whatsoever including loss of profits, loss of revenue, loss of data arising out of this Terms or your use of the Services, whether based in contract, tort or any other legal theory, even if such losses or damages were foreseeable and You are aware of have been advised of the possibility of such losses of damages.
9.1 The Company may without notice suspend the Services from time to time in the event of any security concerns or unexpected technical, system, maintenance, modifications, fixes, bugs or other related issues.
9.2 The Company reserves the right to terminate and/or suspend your access to the Services at any time for whatsoever reason, and is not obligated to disclose the reason behind the termination and/or suspension.
9.3 The Company reserves the right to terminate any Rewards Program at any time and a Rewards Provider also may discontinue its participation with the Services at any time. Upon termination of a Rewards Program for whatever reason, all loyalty points or tokens collected will become null and void and will not be redeemable for any good, service, or any other value, financial or otherwise.
This Terms is governed by and construed in accordance with the laws of Malaysia, and both parties hereby submit to the exclusive jurisdiction of the Malaysian courts.
If any one or more of the provisions or conditions therein is held by a court of competent jurisdiction to be invalid, void, illegal or unenforceable, the remaining provisions or conditions or part thereof shall not in any way whatsoever be affected or impaired or invalidated thereby.
We shall not be liable for any breach of our obligations under this Terms where We are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events)
We may assign or novate this Terms to any third party by written notice to You and You shall do all things necessary including but not limited to executing such documents as may be reasonably required to give effect to such assignment or novation.
No right or remedy under this Terms will be waived or be deemed to be waived unless it is evidenced in writing signed by the party waiving that right or remedy, and a waiver of a breach of this Terms will not operate as a continuing waiver or operate as a waiver of any subsequent breach, unless a contrary intention is clearly expressed in writing.
If this Terms is translated into any other language, the version of this Terms written in the English language shall prevail.
We reserve the right, at our sole discretion, to update, change or replace any part of this Terms. It is your responsibility to check the Terms periodically as available on the Company website. Your continued use of or access to the Services following the posting of any changes to this Terms constitutes acceptance of those changes.