Terms of Use

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 (the “Services”). Please read these carefully. 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 Terms incorporate and must be read in conjunction with the Rewards Portal’s Privacy Policy, which may be accessed here, and the Terms of Service, which govern the specific Services offered on the Rewards Portal and may be accessed here.

1. SECTION 1 – THE CONTRACTUAL RELATIONSHIP

1.1. 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.

1.2. 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 the 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 prohibited by applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and regulations promulgated by any government agencies, and any rules of any national and other 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 sixteen 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

2.1.6. Any use or access to the Rewards Portal and/or the Services to store or transmit any Customer Data that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property, or that 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 in order 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; 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 it suspects 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.

3 SECTION 3 – TERMS RELATED TO TRIAL AND DEMO VERSIONS

3.1 The information presented in any trial or demo version of the Rewards Portal is for demonstration purposes only. No part of these pages, 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.

3.2 We make no representations or warranties in relation to any trial or demo version or the information and materials provided therein.

3.3 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.

3.4 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.

3.5 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.

SECTION 4 - THE GENERAL TERMS

4.1 The Rewards Portal will display, publish or make available content that is provided or published by us and our service providers that we’re partnering with (hereinafter “Third-Party Service Providers”) (including, for example, content provided by a third party content aggregation service provider). You agree and acknowledge that

4.1.1 any use by you of any content submitted by any third party or which is made available through the Rewards Portal shall be entirely at your own risk. We and/or the Third-Party 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

4.1.2 We assume no responsibility or liability for any Losses 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.

4.2 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.

4.3 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 in the Rewards Portal and/or the Services are appropriate or available for use.

4.4 You acknowledge and agree that we do not warrant the security of any information transmitted by or to you using the Rewards Portal and/or the Services and you hereby accept the risk that any information transmitted or received using the Rewards Portal and/or the Services may be accessed by unauthorized third parties.

4.5 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 access or disclosure or for Losses (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access or disclosure, to the fullest extent permissible under applicable laws.

License to Use the Rewards Portal

4.6 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.

4.7 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.

4.8 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 they 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

4.9 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.

4.10 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.

4.11 To the fullest extent permitted by applicable laws, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Rewards Portal and/or the Services or the pro-rata refund to the Participant of pre-paid fees for your subscription covering the remainder of the term.

4.12 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 by third parties to any of your information that is stored by us and/or provided by you in the course of your access and use of the Rewards Portal;

(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.

4.13 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 Third-Party 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.

4.14 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 Third-Party 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.

4.15 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 Service-specific Terms, and such other terms and conditions as may be prescribed by us and/or the relevant Third Party Service Provider, which may be indicated on the specific listing, the specific redemption or booking information and terms, or elsewhere on the Rewards Portal.

4.16 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.

4.17 In the course of your access or use of the Rewards Portal, Ascenda may be required to collect, use, disclose and/or process data (including without limitation, personal data) belonging to you, or that may relate to a third-party individual and which is provided by you (collectively, “Your Data”). In this regard, Your Data will be collected and processed by Ascenda in accordance with the Rewards Portal’s Privacy Policy here.

4.18 By accessing and using any part of the Rewards Portal, you hereby acknowledge that you have read and understood the Privacy Policy, and that you agree to the terms of the Privacy Policy as may be amended from time to time.

Intellectual Property and Content Transmitted via the Rewards Portal

4.19 All copyright and other intellectual property and proprietary rights in the Rewards Portal and/or the Services (including without limitation, any content (including third party content) made available therein) are owned, licensed to or controlled by us, or their licensors or service providers (which may include without limitation, the Third Party Service Providers), unless otherwise indicated.

4.20 The Rewards Portal and/or the Services may also contain materials and content of which the copyright and other intellectual property and proprietary rights are owned, licensed to or controlled by the Participant or its licensors or service providers.

4.21 You may access the Rewards Portal and/or the Services provided that we or the relevant copyright owners retain all copyright and other proprietary notices contained on the content and materials on the Rewards Portal and/or the Services.

4.22 The trademarks displayed on the Rewards Portal and/or the Services are our or our third Party 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

4.23 We may with immediate effect upon giving you notice in any of the manners prescribed in clause 4.3 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.

4.24 Upon your receipt of the notice referred to in clause 4.3, 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.

4.25 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.

4.26 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

4.27 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.

4.28 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.

4.29 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

4.30 The Participant has an established business relationship with us. You will receive Notices to the email and mobile numbers provided to us by you or the Participant. These Notices may include push notifications, and text or SMS messages 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 and understand that this consent has the same legal effect as a physical signature. If you wish to revoke this consent, please notify the Participant and contact us.

4.31 Notices to us should be sent to [email protected] except for legal notices, which must 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.

Force Majeure

4.32 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

4.33 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.

4.34 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).

4.35 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.

4.36 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.

4.37 Save for any Third Party 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.

4.38 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.

4.39 These Terms contain the entire agreement between you and Ascenda with respect to your use of the Rewards Portal.