My Points Program Terms & Conditions
NOTICE OF ARBITRATION PROVISIONS
We may post additional terms, official rules, or agreements that apply to certain services, applications, activities, and features we offer or provide at or through certain My Points Site and Features ("Additional Terms"), and you may be subject to such Additional Terms when you access those services, applications, activities and/or features. In the event of any conflict between the terms of the Additional Terms (on the one hand) and these Terms (on the other hand), these Terms shall prevail unless expressly otherwise stated in the Additional Terms, which are intended to supplement, but not replace, these Terms.
Please don't hesitate to contact us with any questions regarding these Terms or any Additional Terms. You can always reach us at My Points Help Center by visiting: http://help.mypoints-eg.com (selecting "Submit a Request" and following the prompts).
1. Use of My Points Site and Features
You agree to use the My Points Sites and Features and the services available on or through the My Points Sites and Features (the "Services") only for purposes that are permitted by these Terms, any Additional Terms, and any applicable law, regulation. Subject to all of the provisions of these Terms, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the My Points Site and Features and our Services solely as provided herein. You may download material displayed on the My Points Site and Features for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the My Points Site and Features, including any text, images, audio, and video, for public or commercial purposes without the Company's prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the My Points Site and Features and our Services is not transferable. You acquire no rights or licenses in or to the My Points Site and Features and materials contained therein other than the limited right to access and utilize the My Points Site and Features and our Services in accordance with these Terms.
If you are accessing the My Points Site and Features via any of our applications available via third parties (collectively "Third Party Outlets") including, without limitation, Apple, Inc.'s "App Store" or Google, Inc.'s "Google Play" store, you acknowledge and agree that these Terms are entered into by and between you and the Company only, and that none of the Third Party Outlets are party to these Terms. The Third Party Outlets are not sponsors to, nor in any way affiliated with, any of the Company's Promotions (defined below), nor any of our Services or the My Points Sites and Features.
2. User Representations and Warranties
By using the My Points Site and Features or our Services, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by these Terms; (ii) shall use the My Points Site and Features and our Services only as permitted by these Terms, and any applicable Additional Terms, and not for any unlawful purpose; and (iv) are sixteen (16) years of age or older. If you are under the age of 16, you are not allowed to use the My Points Sites and Features nor our Services. Some offerings on the My Points Sites and Features or our Services may be subject to additional age restrictions.
3. Offers and Promotions terms
Any offers or promotions that may be offered via any of the My Points Site and Features or our Services may be governed by Additional Terms, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used.
4. Rewards Programs.
The Company may offer one or more rewards programs ("Rewards Programs") under The NETWORK which you may have the opportunity to earn points, which are redeemable for rewards. Not all of the My Points Site and Features offer Rewards Programs, however, and Rewards Programs may include Additional Terms that apply to your participation in activities allowing you to earn points (collectively, "Points"). The Company may limit, suspend or terminate your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program, if we determine in our sole discretion that you have not complied with these Terms or any Additional Terms applicable to such participation. You agree to abide by the final and binding decisions of the Company regarding any Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time without prior notice to you.
Points can be earned in a Rewards Program by participating in certain Activities, as described in the applicable My Points Sites and Features, by accomplishing a purchase transaction on our system, If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity so long as the Company and/or its third-party Rewards Program affiliates are able to properly track your valid and completed point-earning Activities. For avoidance of doubt, Company shall not be responsible for, nor shall Company be obligated to award points or rewards to Rewards Program participants for, any Activity that is not properly recorded, tracked and/or deemed approved under Company's or its third-party Rewards Program affiliates' policies, procedures and systems. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. For example, we reserve the right to request and verify receipts of completed purchases prior to or in connection with the awarding of points for shopping Activities in order to verify with the applicable merchant that such purchases are valid. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of points you can earn for a given Activity or during a given time period; and our right to change the Activities or rewards available, or the number of points required for a particular reward. Points awarded have no cash value.
You may redeem points you have earned for rewards offered in a Rewards Program pursuant to these Terms and any applicable Additional Terms, the points is valid to redeem after 30 days of the transaction registered on our system, No credit, reversal, or refund of points will be issued for any reason after points have been redeemed; in other words, once you redeem the point, you may not cancel the reward or return the reward for a refund of points. Some rewards may have eligibility requirements and in that case the Company reserves the right to verify your identity (by requesting photocopy of your passport or NID card, or other proof as we may require) and eligibility qualifications to our complete satisfaction prior to crediting points or fulfilling any reward in any Rewards Program, or otherwise providing you with any benefit, The minimum price of the product or the service that will be awarded by redeeming points is 200 EGP which is ( 1000 ) Points.
Rewards Program Points Nontransferable
Rewards Program points are nontransferable, may not be bartered or sold, and are void if a transfer is attempted, and such points and the associated Account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
Any Account that has not been logged into and points either earned or redeemed for one year or more may be deemed inactive and the Account closed. In such instances to request Account reactivation subject to such terms, limitations and requirements as we may impose from time to time all Account holder. We may modify our inactive Account rules and policies in our Rewards Programs from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account, without any compensation or further obligation to you.
Any points in our Rewards Programs that have not been redeemed for one (1) year from the time such points were earned or awarded may be deemed expired and be removed from your Account. We may modify our points expiration rules and policies for any points in our Rewards Programs from time to time, and if your points expire pursuant to such then-current rules or policies, we may remove such points from your Account, without any compensation or further obligation to you regarding the expired points.
5. Intellectual Property
You acknowledge that the My Points Site and Features have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce these intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks ("Marks") displayed on the My Points Site and Features are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The My Points Site and Features are also protected as a collective work or compilation under Egyptian copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the My Points Site and Features or our Services for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included within the My Points Site and Features and related to our Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto.
6. User Conduct
You agree that you will not engage in any activity that interferes with or disrupts the My Points Site and Features or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer or other device to gain any advantage on any of our programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose. You further agree that your use of the My Points Site and Features and our Services shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout the My Points Site and Features and/or our Services, including, without limitation, any Do's and Don'ts or other guidelines posted on any of the My Points Site and Features. You agree to comply with the instructions set out in any robots.txt file present on the My Points Site and Features and our Services. Without limiting the generality of the foregoing, you agree not to use the My Points Site and Features or our Services in order to:
- access (or attempt to access) any of our Services by any means other than through the interface that we provide;
- share a single Account with any person other than the registered Account holder;
- create and/or use multiple Accounts (i.e. only one Account is permitted per person)
- maintain or use any false identity or multiple identities, or otherwise fail to participate in our Services using your real identity and accurate contact, demographic and other information;
- submit any personal information (name, email, zip code, etc.), payment information (credit card number and expiration date, etc.), or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid in connection with any Activities or any other use of the My Points Site and Features or our Services;
- post, upload, transmit or otherwise disseminate information that (in our sole discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable.
- post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion, whether on any My Points Site and Features or on any other web site or application;
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise act in an offensive or objectionable manner;
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users' computers, or access to or functionality of the My Points Site and Features;
- violate the contractual, personal, intellectual property or other rights of any party, including using, uploading, transmitting, distributing, or otherwise making available any information made available through the My Points Site and Features or our Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- attempt to obtain account information, passwords or other private information from other members;
- improperly use support channels or complaint buttons to make false or frivolous reports to the Company or to communicate with our customer support representatives in a disrespectful, belligerent or inappropriate manner;
- develop, distribute, make use of, or publicly inform other members of: "auto" software programs, "macro" software programs, web crawlers or other script or "cheat utility" software programs or applications;
- share or distribute survey IDs, answers or other survey information, or otherwise coach or assist other members with regard to qualifying for or answering surveys;
- abuse any of our Services in a manner that does not reflect normal or appropriate human usage, such as conducting excessive searches or other Activities in our Rewards Programs for the sole or primary purpose of receiving points, as we may determine in our sole discretion; or
- Exploit, distribute or publicly inform other members of any error, miscue or bug ("Error") that gives an unintended advantage, violate any applicable laws or regulations, or promote or encourage any illegal or unauthorized activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for our Services. If you find an Error, we kindly request that you report it to our appropriate support team at (http://www.mypoints-eg.com/claims)
- If we determine in our sole discretion that you have violated these Terms, the Company may in its sole discretion issue you a warning regarding the violation prior to terminating or suspending any or all Accounts you have created (or which are associated with you) using our Services. However, you acknowledge and agree that the Company need not provide you with any warning or notice before terminating or suspending your Account(s) and/or your access to the My Points Site and Features and our Services for any reason, at its sole and absolute discretion.
7. Disclaimer of Warranties; Limitation of Liability; Indemnification
You agree that your use of the My Points Site and Features and our Services shall be at your own risk. To the maximum extent permitted by applicable law, the Company, and its affiliates, partners, employees, and agents, disclaim any and all guarantees, warranties and representations, express or implied, in connection with our Services, the My Points Site and Features and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. To the maximum extent permitted by applicable law, the Company makes no guarantees, warranties, or representations about the accuracy or completeness of the content of the My Points Site and Features or our Services, or the content of any sites linked to our Services, and assumes no liability or responsibility for any (i) errors, mistakes, nor inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the My Points Site and Features or our Services, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from our My Points Site and Features or our Services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the My Points Site and Features or our Services, and/or (vii) tax liability imposed against you by any taxing authority.
To the maximum extent permitted by applicable law, in no event will the Company, or its affiliates, partners, employees, and agents, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from your use of the My Points Site and Features, our Services or other materials or content on, accessed through or downloaded from our Services, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party. You agree to indemnify and hold the Company, and each of its affiliates, partners, employees, and agents, harmless from and against any claim, cause of action, loss, liability, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the My Points Site and Features or our Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or damage to a third party; (iv) any tax obligations arising from or related to your use of the My Points Site and Features or our Services; and/or (v) any content you post or share on or through the Service.
You agree that the Company will not be liable for, or be required to provide any compensation to you with respect to, the termination of any Rewards Program.
including without limitation any points, rewards, prizes, or credits in your Account(s) or otherwise existing in your favor at the time of termination.
Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by any of our partners. Your use of these other services, software or goods may be subject to separate terms between you and the other company or person. If so, these Terms do not affect your legal relationship with these other companies or individuals.
You agree that we are not responsible for the loss or impairment of any points, rewards, prizes, or credits, regardless of monetary value, in the event there is any: change in the value of each point (as determined in Company's sole and absolute discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber-attack or other events which make it commercially unreasonable for us to determine the points balance or value of any Account(s).
All guarantees, warranties, and representations, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under our Rewards Programs or other Services are excluded to the fullest extent permitted by applicable law.
Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you continued use of the My Points Site and Features and our Services, and, without limiting the foregoing, may do so if (i) we are required to do so by law (for example, where the provision of our services to you is, or may become, unlawful); (ii) the partner with whom we offered our Services to you has terminated its relationship with us or ceased to offer their services to you; (iii) we are no longer providing all or any portion of our Services to users in the jurisdiction in which you are resident or from which you use our Services; or (iv) the provision of our Services to you is, in our opinion, no longer commercially viable.
8. Binding Arbitration of all Disputes
Egyptian Courts will be the place of binding arbitration of all disputes and according to the Egyptian law.
9. Tax Matters
You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the points, rewards, prizes, or credits you earned or redeemed in any Rewards Program are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the My Points Site and Features or our Services, including liability arising from your accrual of Rewards Program points or your redemption of such points for cash or other value. As a condition of your continued use of the My Points Site and Features and our Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your points, rewards, prizes, or credits to an appropriate tax authority. We encourage you, and it is your responsibility, to seek advice of a tax expert in order to determine the tax consequences of your use of the My Points Site and Features and our Services, and any associated points, rewards, prizes, or credits earned or redeemed.
10. Notification of Changes
We reserve the right to make changes to these Terms from time to time in our sole discretion. If we decide to change these Terms, we will provide notice of such changes by sending you an administrative email and/or posting those changes in places on the My Points Site and Features deemed appropriate by us so our users are always aware of the terms of their use of the My Points Site and Features and our Services. Your continued use of any of the My Points Site and Features or our Services after delivery of the administrative email to you or after the changes are posted constitutes your agreement to the changes. If you do not agree to the changes, please discontinue your use of such My Points Site and Features and our Services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms to any prior events or circumstances would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable. In any event, if you used any of the My Points Site and Features or our Services pursuant to a prior version of these Terms that required a certain notice period to you prior to any changes being effective, any changes under these Terms will not be effective as to you until the previously-specified notice period has passed after the date of these Terms.
11. International Users
The My Points Site and Features are controlled, operated, and administered by the Company from its offices within the Egypt. The Company makes no representation that materials on the My Points Site and Features are appropriate or available for use at other locations outside of Egypt and access to them from territories where the contents or products available through the My Points Site and Features are illegal is prohibited. If you access My Points Site and Features from a location outside of the Egypt, you are responsible for compliance with all local laws.
If you have any questions or concerns regarding these Terms or your use of any My Points Site and Features or our Services, please contact us by any of the following methods (as applicable): (1) the My Points Member Services at: http://help.mypoints-eg.com, selecting "General Questions" and following the prompts, or (2) by mail to: 3 el Ftah st. Manial El Rowda – Cairo - Egypt; Attention: Customer Service.