Rewards Terms and Conditions
These Point Card Rewards Terms and Conditions (these “Terms and Conditions”) are provided to Point Card account holders (“You" or “Your") by Point Up Inc. (“Point," “our” or “we”) solely for the purpose of promoting and offering the Point Card reward program (“Program") redemption offers to qualified Point Card holders who have been approved to participate in the Program and to obtain a Point Card rewards account (“Rewards "). These Terms and Conditions are a separate agreement and are not part of the Terms and Conditions of Your Point Account (the “Agreement”).
THESE TERMS AND CONDITIONS IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION PROVISION.
Earning Points
You will earn and accrue points based on purchase activity and usage of Your Point Account (as defined in the Agreement), according to the active point earnings scale which can be found on the Point website www.point.app. In addition to the standard point earnings scale, You may earn points as may be authorized by Point from time-to-time for special programs, promotions or transactions that may be offered for limited time periods and for which additional terms and conditions may apply.
“Net Merchandise Purchases” means purchases of merchandise or services on the Point Account, less any returned merchandise credits or service credits posted to the Point Account. Net Merchandise Purchases does not include cash withdrawals or any associated fees, charges, traveler’s checks, money orders or associated fees, money transfers or other fees, gaming chips, or fees or premiums for coverage or insurance to protect the balances of a Point Account holder’s Point Account.
Merchants who accept the Point Card are assigned a merchant code, which is determined by the merchant or its processor in accordance with card brand procedures based on the kinds of products and services they primarily sell. As such, even though a merchant may sell retail items that may be similar to retail items sold by another merchant, the merchants may not have the same merchant code, and therefore the purchases at the merchants may not be included in the same category for the purposes of earning points. Net Merchandise Purchases must be submitted by merchants using the identified merchant category codes to qualify for earning points. We are not responsible for incorrectly coded transactions. Additionally, purchases made through third parties, including resellers, or using a third-party payment account may not be eligible for accruing points. Point reserves the right to remove merchants from the Reward Program in its sole discretion including when required by local laws, rules, or regulations. Questions concerning eligible transactions and what constitutes Net Merchandise Purchases will be determined in the sole discretion of Point.
The points You earn will be credited to Your Rewards on a daily basis when transactions post to your Point Card. We encourage You to frequently review Your Rewards, accessible through the Point mobile application. Once posted to Your Rewards, these points are available to You should You choose to redeem them. There is no limit on the number of points You can earn each year. You cannot earn points during any period in which Your Point Account is not open or is not in Good Standing (defined below). If it has been more than thirty (30) days since the transaction and points are not reflected on Your Rewards summary, please contact customer service. Inquiries must be made within sixty (60) days of the transaction. “Good Standing” means a Point Account or Point Card that is not designated by Point as lost, stolen, revoked or closed or is not otherwise in default of any of the terms of the Agreement.
No points will be retroactively applied to Your Rewards for otherwise qualifying transactions occurring during any period in which Your Point Account was not in Good Standing or when you were not enrolled into this Program. All transactions in U.S. Dollars for which points are awarded to You will be rounded to a whole-dollar amount for purposes of determining the number of points to be awarded. You will automatically begin earning points upon opening Your Point Account and enrolling in the Point Rewards Program, subject to Points approval of such enrollment request. You may notify Point that You want to withdraw from the Program at any time.
Rewards statements will be made available through the Point mobile application. Individual transactions forming the basis for awarding points will not be shown on the Rewards statement—only total points earned less any point reduction for refunds, returns or adjustments, redeemed points and expiring points will be displayed. The frequency, timing, content or layout of the Rewards statements are subject to change from time-to-time at the discretion of Point. Points cannot be combined with other discount or reward programs unless specifically authorized by us.
Redemption
You may redeem any points credited to the Rewards by using the Point mobile application. Redemptions are subject to point availability and other requirements contained in these Terms and Conditions.
Your points will not be available for redemption until posted to Your Rewards regardless of the date of the transaction for which points are earned.
Your points may only be redeemed if Your Point Account and Your Rewards are in Good Standing at the time of any point redemption. Points earned in connection with an enrolled Point Account will be consolidated and reported in your Rewards. Consolidation of points into your Rewards will be based upon the person, as determined by Point, identified by name and social security number as the primary accountholder on each Point Account. The primary accountholder is the individual whose name appears first on the Point Account, as determined by Point’s records.
Points may be redeemed for cash back (“Cash Back Redemption”). Cash Back Redemption provides a specific U.S. Dollar amount that, upon redemption of points, is applied as a credit to Your Point Account. A Cash Back Redemption credited to Your Point Account will not substitute for Your payment obligations under the Agreement. Cash Back Redemptions will generally be credited to Your Point Account within two (2) business days of Your redemption.
Points are not Your property and may not be assigned or transferred to any person (including upon death or as a part of a domestic relations matter). Points have neither cash value, surrender value, transfer value nor any other value of any kind until and to the extent they are actually redeemed by Point. Points cannot be used to offset any amount due from You to Point on the Point Account. Points used by You for redemption will be those unredeemed points that have been Rewards the longest time. Points earned by You may only be redeemed for a Cash Back Redemption (a "Redemption Reward" or "Reward"). All redemptions are final. The sale or barter of any points, other than by Point, is expressly prohibited.
General
Point reserves the right, in its sole discretion, to suspend, cancel or modify the Program at any time and for any reason and without prior notice. Administrative services may be provided by third party service providers.
Point reserves the right, in its sole discretion, to add, delete, change or revise the Terms and Conditions of the Point Rewards Program including, but not limited to, qualifications for participation in the Program, Program features or procedures, the imposition or discontinuance of special promotions or offers, additions, deletions or revisions of Rewards offered, revisions of the amount of points required for Reward Redemption, revisions of point caps, limitations or expiration periods, revisions to disqualifying events or the imposition of new, revised or additional Program terms.
You will be responsible for both determining and paying any federal, state or local taxes, fees or other charges, if any, that may be imposed by any governmental or regulatory authority on Rewards obtained through the redemption of points, whether or not such taxes, fees or other charges are imposed at the time of point redemption or subsequently. Should Point be required to report taxes, tax reporting, if any, will be made to the tax ID number of the accountholder, based on our records.
The Program is owned and administered by Point, and is subject to all applicable laws and regulations. You must be an individual and use the Point Account only for lawful personal, family or household purposes, and not for any business, commercial or investment purpose. The accrual and/or redemption of points is void where prohibited by law. We may rely on any oral or electronic points redemption instructions we are provided regardless of whether or not you personally stated or sent them. You agree that we are not liable for following instructions of anyone claiming to be You.
You agree to indemnify and hold Point and our third-party service providers and their respective affiliates, directors, officers, employees, agents and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from Your or an authorized user’s: (i) use of the Program; (ii) any fraud or misuse of the Program; (iii) violation of these Terms and Conditions; and/or (iv) violation of any applicable law or the rights of any third party.
While points do not expire, they may be cancelled or forfeited as further set forth in these Terms and Conditions. There are no credits, exchanges or refunds on unused points. All unredeemed points in Your Rewards, on the day of Rewards closure, be forfeited if Your Rewards are closed for any reason. We may temporarily or permanently suspend Your ability to earn points at any time, with or without cause. Point reserves the right, in its sole discretion, to disqualify You or any authorized user on Your Point Account from participation in the Program and to cancel or invalidate any points in the following events: (i) Your Point Account balance is negative for a period of time exceeding 30 days or any other time, as determined by Point in its sole discretion; (ii) Your Point Account is in default under the Agreement; (iii) You or we close your Point Account for any reason; (iv) in cases of actual or suspected abuse, fraud, violations of the Terms and Conditions or any actual or suspected abuse or fraud with respect to the Point Account or the Rewards, or we otherwise suspect or believe You are or have engaged in activity that we deem to be abusive or “gaming” conduct under the Program, as determined in our sole discretion; (iv) . Neither Point nor its third party service providers, their respective employees, officers, affiliates or agents will be liable to You for any action or inaction any of them take or fail to take with respect to the Point Rewards Program or any changes in the Terms and Conditions of the Program.
Neither Point nor its third party service providers, their respective employees, officers, affiliates or agents assumes any responsibility for, and will not be liable for, any financial loss, personal injury, property loss or damage, other loss, accident, delay, inconvenience, or irregularity which You and/or Your guest may suffer by reason of any act, default, non performance or wrongful, careless, negligent, or unauthorized act or omission of any Program supplier, its employees, or any third party.
Neither Point nor its third party service providers, their respective employees, officers, affiliates or agents will be responsible for any errors or omissions, or for any bodily injury or property damage that may result from participation in the Program nor for any damage, loss or expense of any nature resulting from the usage of any Reward, defects in any Reward or from any cancellation irregularity or mishap affecting the Reward received through the Program.
In no event shall we or any of our affiliates or agents be responsible or liable to You, or anyone claiming through You or on Your behalf, for any indirect, special, exemplary, punitive or consequential damages, including without limitation lost revenue, lost profits, or lost opportunity, arising out of or relating to any of the acts or omissions of Point or any of our respective affiliates or agents, or otherwise in connection with or relating to the Program or its administration, or that result from the use of or inability to use the Program, even if we have been made aware of the possibility of such damages. In addition, we make no warranty or representation either expressed or implied, and expressly disclaim any and all liability and damages with respect to type, quality or fitness for use of goods or services provided through this Program or otherwise obtained by you in connection with the Program or through the use of redeemed Rewards.
You agree to notify Point promptly upon the receipt of Your Rewards statement of any errors relating to the addition or deletion of Point Rewards Program points on Your Rewards but in no event later than sixty (60) days after the error appeared on Your statement or Rewards summary. We reserve the right (but are not required) to correct inaccurate point values represented in Your Rewards summary, and to adjust point values at our sole discretion. If we do not credit, or improperly deny, a point redemption to which You were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied point redemption, if available, or such other alternative benefit as we in our sole discretion may determine. Neither we nor any of our affiliates, agents or representatives have any other or additional liability to You or any other person for such error(s), subject to applicable law.
In the event You redeem points and obtain a Redemption Reward and thereafter any transaction on Your Point Account for which You previously obtained and used points, in whole or in part, to obtain a Redemption Reward is either refunded, credited or otherwise rescinded, Point may, at its discretion withhold the subsequent awarding of points, or collect any amount(s) You owe, in any appropriate manner, including, but not limited to, the posting of an equivalent dollar debit for the retail value of the Redemption Reward You obtained in the form of a debit transaction to Your Point Account.
All trademarks, service marks and trade names used in this Program are with the permission of the respective Program suppliers. Program suppliers are in no way affiliated with Point, nor are they considered sponsors or co-sponsors of this Program. All trademarks, service marks and trade names used by Point in this Program, including the Point Rewards Program design are property of Point. No use of these may be made without the prior written authorization of Point.
These Terms and Conditions constitute the entire agreement between you and Point with respect to the subject matter described herein, and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Agreement. You may not assign any of your rights or obligations under these Terms and Conditions, in whole or in part, without our prior written consent. We may assign our rights and/or obligations under these Terms and Conditions, in whole or in part, without your consent. We may waive or delay enforcing any of our rights herein without losing them. Neither we nor our service providers are responsible for any disputes between you and a merchant relating to a transaction or goods or services. Any claim or dispute arising from or relating to these Terms and Conditions or to the Program will be governed by and construed in accordance with California law (without regard to its conflicts of law principles) and as applicable, federal law. To the extent permitted by applicable law, these Terms and Conditions disclaim any implied contractual terms or obligations.
Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: (i) these Terms and Conditions; (ii) the Program; (iii) Rewards; (iv) your use of points or the Rewards; (v) advertisements, promotions or oral or written statements related to the Program; or (vi) the benefits and services related to the Program, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act. The arbitration shall occur in San Francisco, California. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org. All determinations as to the scope, interpretation, enforceability and validity of these Terms and Conditions shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. This arbitration provision shall survive: (a) the termination of these Terms and Conditions; (b) the bankruptcy of any party; (c) any transfer, sale or assignment of your Rewards, or any amounts owed on your Rewards, to any other person or entity; or (d) closing of the Rewards. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
By accumulating and redeeming points under the Point Rewards Program, You agree to all of the Program features, limitations and restrictions contained in these Terms and Conditions as well as any additional terms and conditions contained in any Programs, promotions or transactions that may be offered to You from time-to-time and any terms and conditions contained in any certificate, coupon or document issued to You under the Point Rewards Program.
