REWARDS PORTAL –TERMS OF USE
These Terms of Use (the “Terms”) govern your access and use of the Rewards Portal (the “Rewards Portal”), and any of the loyalty rewards redemption offerings made available therein (the “Services”). Please read these Terms carefully. While you may be signing into your existing loyalty account, these Terms apply to you as a user of the Services provided therein.
The Rewards Portal is operated by Ascenda Loyalty Pte. Ltd., a company incorporated in Singapore with its registered office at 380 Jalan Besar, #12-10, Singapore 209000 and their respective successors, assigns and affiliates (collectively “Ascenda”) .
When you read these Terms, “Customer”, "User", "you", "your", or "yours" mean an end user of the Rewards Portal and the words "we", "our" and "us" refer to Ascenda.
The earning of rewards points is subject to separate terms and conditions between your provider ("Participant”) and you. Please review the separate terms and conditions between You and the Participant for more information on their applicable terms and conditions.
Your use of the Rewards Portal and/or Services is subject to our Privacy Policy, available at here, and you agree that we can use, share, or otherwise process any Personal Data (as defined in the Privacy Policy) that you provide, is generated by us or on our behalf, or any other Personal Data collected under the Privacy Policy for the purposes and in the manner as described under our Privacy Policy. Any use, sharing, or other processing of your Personal Data by a Service Provider (defined below) is subject to the terms of that Service Provider’s privacy policy.
These Terms incorporate the Customer Service-Specific Terms, which govern the specific Services offered on the Rewards Portal and may be accessed here.
1. SECTION 1 – THE CONTRACTUAL RELATIONSHIP
1.1. You are a Customer (as defined herein) of the Participant, who has invited you to access and use the Rewards Portal and/or the Services.
1.2. The Participant has separately entered into a written agreement with us or our affiliate(s) (in either case, the “Contract”), which allows the Participant to (a) create and configure a Rewards Portal operated by us and (b) invite you and others to join and create an account on the Rewards Portal (each invitee granted access to Rewards Portal and/or the Services, including you, is a “Customer”).
1.3. By accepting these Terms upon initial enrollment or otherwise accessing the Rewards Portal, you represent and warrant that you have read, understand and fully accept and agree to these Terms in their entirety. If you continue accessing or using the Rewards Portal and/or Services after being notified of a change to these Terms, you confirm that you have read, understand and agree to be bound by the updated terms.
1.4. These Terms are a legally binding contract between you and us, and shall remain in effect unless terminated in accordance with these Terms.
2. SECTION 2 – THE TERMS GOVERNING THE USE OF THE REWARDS PORTAL AND/OR THE SERVICES
2.1. These Terms relate to your access and usage of the Rewards Portal and/or the Services. You may only access and use the Rewards Portal and/or the Services for valid, lawful bona fide purposes. You are prohibited from carrying out any of the following:
2.1.1. Any use or access to the Rewards Portal and/or the Services that is unlawful or otherwise prohibited by applicable laws and regulations, including, but not limited to, the laws and regulations relating to intellectual property, data privacy, and securities exchanges;
2.1.2. Any use or access to the Rewards Portal and/or the Services that is unlawful or prohibited by these Terms;
2.1.3. Any use or access to the Rewards Portal and/or the Services or allowing such access or use by (a) anyone under the age of eighteen or (b) anyone under the applicable age of majority according to the data protection laws and regulations in your jurisdiction;
2.1.4. Any use or access to the Rewards Portal and/or the Services involving an individual, organization, country, or jurisdiction that is blocked or sanctioned by the United States, including those identified on any lists maintained by OFAC or the U.S. Department of State;
2.1.5. Any use or access to the Rewards Portal and/or the Services by a third party that is not a Customer of the Participant;
2.1.6. Any use or access to the Rewards Portal and/or the Services to store or transmit any materials that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property, or the storage or transmission of which may be tortious or unlawful;
2.1.7. Any use or access to the Rewards Portal and/or the Services to upload to, or transmit from, the Rewards Portal and/or Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Rewards Portal and/or Services or on our hardware or any third party;
2.1.8. Any use or access to the Rewards Portal and/or the Services to attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, content, information or performance of the Rewards Portal and/or Services (including any mechanism used to restrict or control the functionality of the Rewards Portal and/or Services), any third party use of the Rewards Portal and/or Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
2.1.9. Any use or access to the Rewards Portal and/or the Services to attempt to gain unauthorized access to the Rewards Portal and/or Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Rewards Portal and/or Services;
2.1.10. Any use or access to the Rewards Portal and/or the Services to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Rewards Portal and/or Services;
2.1.11. Any use or access to the Rewards Portal and/or the Services in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
2.1.12. Engage in activity that incites or encourages violence or hatred against individuals or groups;
2.1.13. Any use or access to the Rewards Portal and/or the Services that would impersonate any person or entity, including, but not limited to, an employee of ours or the Participant, or any other authorized user, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
2.1.14. Any use or access to the Rewards Portal and/or the Services to send unsolicited communications, promotions or advertisements, spam, or place any advertisements within the Rewards Portal;
2.1.15. Any use or access to the Rewards Portal and/or the Services to send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
2.1.16. Any use or access to the Rewards Portal and/or the Services to abuse referrals or promotions in order to get more credits than deserved;
2.1.17. Any use or access to the Rewards Portal and/or the Services to sublicense, resell, time share or similarly exploit the Rewards Portal and/or the Services;
2.1.18. Any use or access to the Rewards Portal and/or the Services to authorize, permit, enable, induce or encourage any third party to do any of the above.
2.2 We retain the right at our sole discretion to:
2.2.1 take protective actions in case of actual or suspected abuse or suspicious activity, including suspending or blocking use of and access to the Rewards Portal and/or the Services on your Customer account; cancelling Points on your Customer account; or cancelling your Customer account on the Rewards Portal;
2.2.2 deny access to anyone to the Rewards Portal and the Services available therein, at any time without notice and for any reason that is attributable to you, including, but not limited to, for violation of these Terms;
2.2.3 update the Rewards Portal and its components, add, vary or remove functionalities, features or the services available therein (or any part thereof), or vary or impose access restrictions, resource limits or fees or suspend or terminate certain functions or the Rewards Portal; and/or
2.2.4 report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities, and in any such event, you agree that no claims shall lie against us in connection therewith.
SECTION 3 - THE GENERAL TERMS
3.1 The Rewards Portal will display, publish or make available content that is provided to or published by us or any of the service providers with which we partner to provide the Services (“Service Providers”). For example, we use a third party content aggregation service providers for some of the content made available through the Rewards Portal. You agree and acknowledge that:
3.1.1 Any use by you of any content made available through the Rewards Portal by any Service Provider shall be entirely at your own risk. We and/or the Service Providers shall not be liable for any errors or delays in Rewards Portal or any part thereof, or for any actions taken in reliance thereon; and
3.1.2 We assume no responsibility or liability for any Losses (as defined herein) arising from or in connection with any content provided by third parties. Any hyperlink to any other website or webpage (including any websites or webpages owned, operated, and maintained by third party providers) is for informational purposes only and for your convenience only and is not an endorsement or verification of such website or webpage and should only be accessed at your own risk. Any processing of your Personal Data by the entities that operate those other website or webpages, including Third Party Service Providers, is subject to the terms of their respective privacy policies.
3.2 You agree and acknowledge that the Rewards Portal is provided "as is" and "as available". No warranty of any kind, implied, express or statutory, including but not limited to any warranties of title, non-infringement of third-party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given by us in conjunction with the Rewards Portal or any information and materials provided through the Rewards Portal.
3.3 Without prejudice to the generality of the foregoing, we do not warrant:
(i) the accuracy, timeliness, correctness, currency, reliability, availability, security, adequacy or completeness of the Rewards Portal and/or the Services;
(ii) that your use of and/or access to the Rewards Portal and/or the Services, or the operation of Rewards Portal, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected;
(iii) that the Rewards Portal and/or the Services will meet your requirements or is free from any virus or other malicious, destructive or corrupting code, agent, program or macros; or
(iv) that the products, services, materials and information contained or advertised in the Rewards Portal and/or the Services are appropriate or available for use.
3.4 Other than to the extent required by applicable law, you acknowledge and agree that we do not warrant the security of any information, data, or material, including Personal Data, transmitted, provided, submitted, or made available by you to the Rewards Portal and/or the Services (“Your Data”), and you hereby accept the risk that Your Data may be subject to unauthorized access, collection, use, disclosure, copying, modification or disposal by third parties.
3.5 You will not hold us, or any of our officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such unauthorized access, collection, use, disclosure, copying, modification or disposal of Your Data or for Losses (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result thereof, to the fullest extent permissible under applicable laws.
3.6 The information presented in any trial or demo version of the Rewards Portal is for demonstration purposes only. No part of the Rewards Portal, either texts or images may be used for any purpose other than personal use. Reproduction, modification, storage in a retrieval system or retransmission, in any form or by any means, electronic, mechanical or otherwise, for reasons other than personal use, is strictly prohibited without our prior written permission.
3.7 We make no representations or warranties in relation to any trial or demo version or the information and materials provided therein. We do not accept responsibility for any loss or damage however caused including, without limitation, any indirect or consequential loss or damage arising from or in connection with the use of any trial or demo version or any linked website, nor do we accept any responsibility for any loss arising from the reliance on any information contained on or accessed through any trial or demo version.
3.8 Trade marks, copyrights, brand names, product and company names related to the products and images appearing on any trial or demo version are for demonstration purposes only and remain the property of their respective owners. The depiction of products or images is for demonstration purposes only and in no way indicates that we are sponsored or approved by, or otherwise affiliated with, the owner of any such rights. All Intellectual Property Rights, including but not limited to copyright and neighbouring rights, patent rights and rights relating to know-how, database rights, trade marks and trade name and design rights in the trial or demo version of the Rewards Portal are owned by us.
License to Use the Rewards Portal
3.9 The Rewards Portal is proprietary to and owned by us or our licensors and must not be used other than strictly in accordance with these Terms.
3.10 We are entitled to provide any (a) adaptations, enhancements and/or modifications to, or (b) maintenance or support for, the Rewards Portal and/or the Services, including without limitation any updates, patches, bug-fixes and/or upgrades to the Rewards Portal and/or the Services or any new versions and/or releases of the Rewards Portal and/or the Services which incorporate new features or functions.
3.11 We may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the Rewards Portal and any features offered in connection therewith, and we shall not be respectively liable to you for any losses or damage suffered by you arising from any such upgrade, modification, suspension or alteration.
Exclusion of Liability and Indemnity
3.12 You hereby acknowledge and agree that you will be solely liable and responsible for any activities and redemption transactions (“Redemptions”) made under, or purported to be made under, your Customer account on the Rewards Portal (including without limitation, where such activities and/or Redemptions are unauthorized or erroneous). Hence, we shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable for any instructions issued, and/or activities or Redemptions made, under your Customer account, as if the same were made by you.
3.13 You agree that, to the fullest extent permissible under applicable laws, you will not hold us responsible or liable, in any way whatsoever, for any losses, damages, settlement sums, costs (including legal fees and expenses on a solicitor client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not (collectively, “Losses”) suffered or incurred by you or any third party if there is any unauthorized use of the Rewards Portal under your Customer account.
3.14 If any consumer laws do apply nothing in these Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have.
3.15 Notwithstanding anything in these Terms, to the maximum extent permitted by law, we (including, without limitation our respective officers and employees) shall not in any event be liable for any Losses including without limitation, lost profits or revenue, direct, indirect, special, or consequential damage, cover or punitive damages, inconvenience, moral stress, cost and expense or economic loss of any nature whether in contract or tort or under any other theory of liability, arising from or in connection with:
(i) any access, use, or the inability to access or use, or any reliance on, the Rewards Portal, and/or any content, products, Services and/or any information available therein;
(ii) any system, server or connection failure, error, omission, interruption, delay in transmission, undeliverable messages, problem with your computer or such other access or electronic device including but not limited to cellular telephones, smart phones and personal digital assistants, computer virus or other malicious, destructive or corrupting code, agent program or macros;
(iii) any use of or access to any other website or webpage provided through the Rewards Portal and/or the Services;
(iv) any services, products, information, data, software or other material obtained or downloaded through the Rewards Portal and/or the Services, or from any other website or webpage provided through the Rewards Portal and/or the Services, or from any other party referred through the Rewards Portal and/or the Services, or through the use of the Rewards Portal and/or the Services or reliance on the Rewards Portal and/or the Services or the contents thereof;
(v) your use or misuse of the Rewards Portal and/or the Services;
(vi) the unauthorized access, collection, use, disclosure, copying, modification or disposal of any of Your Data ;
(vii) malfunctions and/or errors in the application programming interfaces, computer programs and/or electronic data interchange interfaces made available to us by a third party; and/or
(viii) problems caused by any remedial or preventative measure which may be taken by us in the event of any occurrence of the foregoing.
3.16 Unless the relevant loss or damage is attributable to our willful misconduct or gross negligence, we shall not be liable to you, or any other party for:
(i) any amounts due from any Service Provider and/or other Customers of the Rewards Portal or any other third party;
(ii) any Losses suffered by you as a result of any delay in the processing of any Redemptions and/or transactions made or requested by you;
(iii) damages arising in connection with your use of and/or access to the Rewards Portal and/or the Services, by you or other third party;
(iv) any indirect, special, economic or consequential damage or Loss under these Terms, whether or not we have been informed of such possibilities.
3.17 The exclusions herein are several and distinct and shall take effect to the fullest extent permitted by law. If, notwithstanding the exclusions and/or limitations contained in these Terms, we, or our respective Service Provider are found liable for any Loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed, in the aggregate, one hundred US Dollars (USD$100.00) or the equivalent in local currency, to the fullest extent permissible under applicable laws.
3.18 We do not endorse nor assume any responsibility or liability arising in connection with any Redemptions, or the products and/or services in respect of which a Redemption is carried out. Transfer of risk and property in purchased products, and matters regarding to delivery, product and/or service warranties (including the conditions and remedies for such warranties), support, refunds, promotions, discounts, cancellations, returns, replacements, exchanges, postponements, booking amendments, and any other ancillary products or services in relation to such Redemptions, products and/or services, shall be governed by and subject to the Customer Service-specific Terms, and such other terms and conditions as may be prescribed by us and/or the relevant Service Provider, which may be indicated on the specific listing, the specific redemption or booking information and terms, or elsewhere on the Rewards Portal.
3.19 You shall indemnify and hold harmless and keep us indemnified in full against all and any claims, actions, proceedings, and losses of whatsoever nature and howsoever arising which may be brought against or suffered or incurred by us arising from or which is directly or indirectly related to, unless such claims or losses are attributable to our willful misconduct or gross negligence, as the case may be:
(i) your access to and/or use of the Rewards Portal and/or the Services, and/or any other person or entity's use of the Rewards Portal and/or the Services where such person or entity was able to access and/or use the Rewards Portal by using your access credentials; or
(ii) any breach or non-observance of any of these Terms by you or by any other person or entity where such person or entity was able to access and/or use the Rewards Portal using your access credentials.
Intellectual Property and Content Transmitted via the Rewards Portal
3.20 You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials submitted to or accessible through the Rewards Portal and/or Services (“Content”) is the sole responsibility of the party from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Rewards Portal and/or Services (“Your Content”), and that you and other Customers, and not Ascenda, are similarly responsible for all Content that you and they make available through the Rewards Portal and/or Services (“Other Customer Content”).
3.21 You agree that, except with respect to Your Content and Other Customer Content, Ascenda and its partners own all rights, title and interest in and to the Rewards Portal and/or Services (including but not limited to, any computer code, themes, objects, concepts, artwork, animations, sounds, audiovisual effects, moral rights, and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Rewards Portal and/or Services. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the Rewards Portal and/or Services.
3.22 When you post or publish Your Content on or in the Rewards Portal and/or Services, you grant us and our affiliates a worldwide, perpetual, irrevocable, transferable, sublicensable, fully paid, royalty-free, non-exclusive right and license to use, host, display, publish, license, reproduce, modify, copy, distribute, adapt, prepare derivative works of, and incorporate into the Services and/or the Rewards Portal Your Content (in whole or in part) for our lawful business purposes. You represent and warrant to us that you have all rights necessary to grant this license and that your provision and use of Your Content through and in connection with the Rewards Portal and/or the Services does not violate any applicable law or rights to any third party.
3.23 The trademarks displayed on the Rewards Portal and/or the Services are our or our Service Provider’s registered and unregistered trademarks. No right or license is given to any party accessing and/or using the Rewards Portal and/or the Services to download, reproduce or use any such trademarks, or any part of the Rewards Portal and/or the Services.
Termination
3.24 We may with immediate effect upon giving you notice in any of the manners prescribed in clause 3.34 below, terminate your right to access and/or use the Rewards Portal, bar your access to the Rewards Portal (or any part thereof), for any reason whatsoever, including without limitation, a breach of any of these Terms or any equivalent or similar thereto.
3.25 If so instructed by the Participant, we may with immediate effect upon giving you notice in any of the manners prescribed in clause 3.34 below, terminate your right to access and/or use the Rewards Portal, bar your access to the Rewards Portal (or any part thereof). Such termination may or may not bring an end to your obligations with the Participant. Please review the separate terms and conditions between You and the Participant for more information on their applicable terms and conditions.
3.26 Upon your receipt of the notice referred to in clause 3.34, all rights and/or licenses granted to you under these Terms shall immediately cease and terminate and you shall forthwith cease the use of the Rewards Portal in any way whatsoever.
3.27 You may terminate your right to access and/or use the Rewards Portal by providing us or the Participant with 30 days’ notice in writing. Such termination may or may not bring an end to your obligations with the Participant. Please review the separate terms and conditions between You and the Participant for more information on their applicable terms and conditions.
3.28 Termination of your rights and/or licenses granted under these Terms for any reason shall not bring to an end to Ascenda’s rights accrued prior to termination, and your obligations under any provisions of these Terms which are meant to survive the termination.
Amendments to the Terms
3.29 We may add to and/or change these Terms at any time. Such amendments shall be published on the Rewards Portal, which you agree shall be sufficient notice for the purpose of this clause. You are encouraged to check the Terms of the Rewards Portal regularly for any such updates or amendments. If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of the Rewards Portal.
3.30 You further agree that if you continue to use and/or access the Rewards Portal after the publication of such further terms and conditions and/or amendments to these Terms on the Rewards Portal, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of these Terms and its amendments; and (ii) agreement by you to abide and be bound by these Terms and its amendments.
3.31 You can review the most current version of the Terms at any time by visiting this page. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change.
Notice
3.32 The Participant has an established business relationship with us. You will receive Notices (as defined below) to the email and mobile numbers provided to us by you or the Participant. These Notices may include push notifications, and text or emails providing information or alerts about Services, or transactions, and may allow you to provide information back to us (such as sending a receipt from a transaction). You are required to maintain an updated web browser and computer and mobile device operating systems to receive Notices correctly. You are responsible for all costs imposed by internet or mobile service providers for sending or receiving Notices electronically. You consent to receiving Notices electronically to your mobile device. If you wish to revoke this consent, please contact us.
3.33 Notices to us should be sent to [email protected]. A notice will be deemed to have been duly given the day it is sent, in the case of a notice sent by email or mobile numbers provided to us by you or the Participant.
3.34 Notice means any physical, voice, or electronic communication, or legal notices that are provided or directed to you through phone call, text, whatsapp, email, push notification, or by any other means.
Force Majeure
3.35 We shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in the Rewards Portal's operation and/or access to the Services if due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (including acts of God, natural disasters, epidemics, acts of war or terrorism, acts of any government or authority, power failures or power supply problems, acts or defaults of any telecommunications network operator or carriers, Internet or network related problems, problems with the services rendered by Third Party Service Providers and the acts or a party for whom we are not responsible).
Miscellaneous
3.36 Use of the Rewards Portal and these Terms shall be governed by and construed in accordance with Singapore laws but in enforcing these Terms Ascenda shall be at liberty to initiate and take actions or proceedings or otherwise against you in Singapore or elsewhere as Ascenda may deem fit, and you hereby agree that where any actions or proceedings are initiated and taken in Singapore, you shall submit to the jurisdiction of the courts in Singapore on a non-exclusive basis in all matters connected with your obligations and liabilities under or arising out of or in connection with these Terms.
3.37 If any provision of these Terms is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be struck and severed from these Terms and the remaining provisions of these Terms shall not be affected thereby. The rights and remedies provided in these Terms are cumulative and not exclusive of any other right or remedies (whether provided by law or otherwise).
3.38 No failure or delay to exercise our rights under these Terms shall operate as a waiver thereof nor shall such failure or delay affect or our right to enforce our rights under these Terms.
3.39 You acknowledge and agree that our records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the Rewards Portal by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, or any record of communications, transactions, instructions or operations relating to the operation of the Rewards Portal and any record of any communications, transactions, instructions or operations maintained by us or by any relevant person authorized by us relating to or connected with the Rewards Portal shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations. You further acknowledge and agree that our respective decisions on all matters relating to these Terms will be at its absolute discretion and will be final and binding on you.
3.40 Save for any Service Providers, a person who is not a party to these Terms shall have no right to enforce any of its terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
3.41 You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.