RewardsPay, Inc. and RewardsPay Limited (“RewardsPay,” “we,” or “us”) provides the RewardsPay “Pay with Rewards” service (the “Service”) that allows you to purchase online products and services (“Goods”) from participating third party merchants (“Merchants”) using your loyalty and reward points, miles , cash rewards and credits (“Reward Points”) that you’ve accrued from your participating banks and financial institutions, credit cards, airline frequent flier miles and hotel points (your “Rewards Program”). These Terms of Service (“Terms”) set forth the terms and conditions of your use of the Service. By accessing or using the Service, you agree to abide by these Terms.
Our Service allows you to use your Reward Points to purchase various Goods and services from participating Merchants. RewardsPay will redeem your Reward Points on your behalf with your Rewards Program. RewardsPay will then provide the Merchant with payment authorization (“Redemption Code”) so that you can purchase the Goods you have selected on the Merchant’s website or application (the “Merchant Site”). In this transaction, RewardsPay is acting solely as an independent contractor in sending the redemption request to your Rewards Program and the payment authorization to the Merchant.
When you use the Service, you may elect to register and create an account with us (your “RewardsPay Account”). By creating a RewardsPay Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Service under the laws of the United States or other applicable jurisdiction. When you create a RewardsPay Account, we will ask you for certain registration information, such as your name, email address, account password, and other related information (collectively, “RewardsPay Account Info”). You agree that you will provide accurate, current and complete RewardsPay Account Info and maintain and update your RewardsPay Account information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your RewardsPay Account without liability to you. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR REWARDSPAY ACCOUNT. Your RewardsPay Account with RewardsPay is for your individual use only and you may not transfer or resell your use of or access to your RewardsPay Account to any third party or use the Service on behalf of a third party.
If you have created a RewardsPay Account, you may also link your participating Rewards Program (your “Rewards Account”) to your RewardsPay Account. You may only link your own accounts (or accounts for which you have authorized access) and you must provide true, accurate, current and complete information about those accounts. By submitting your username, password, PIN, and other log-in information, materials and other content through the Service about your Rewards Account (collectively, your “Rewards Account Info”), you are expressly authorizing RewardsPay to access and use the Rewards Account Info, on your behalf as your agent, to provide you with the Service. By providing us with your Rewards Account Info, you represent that you are the owner or authorized user of the Rewards Account and are authorized to use and redeem the Reward Points. RewardsPay will use your Rewards Account Info to log you into your applicable Rewards Account and redeem your Reward Points when authorized by you to do so. You hereby authorize and permit RewardsPay to use and store your Rewards Account Info to accomplish the foregoing and to configure the Service so that it is compatible with our Merchant Sites. For purposes of these Terms and solely to provide you with the Service, you grant RewardsPay a limited power of attorney, and appoint RewardsPay as your attorney-in-fact and agent, to access your Rewards Account, retrieve and use your Rewards Account Info and redeem your Reward Points with the full power and authority to do and perform each thing necessary in connection with the Service, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN THE SERVICE IS ACCESSING AND RETRIEVING YOUR REWARDS ACCOUNT INFO, REWARDSPAY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE REWARDS PROGRAM.
The email address you provide to RewardsPay will be associated with all your RewardsPay transactions whether using your Rewards or any other form of payment offered through the Service. When your account is accessed using your email address all of your transactions whether transacted using your Rewards or any other form of payment offered through the Service will be visible in your account transaction history.
In order to redeem your Cashback Bonus® or Miles (“Rewards”) for purchases made at at RewardsPay merchants, you must complete the registration process and agree to the following terms and conditions. Registration is currently limited to the Discover® More, Motiva, Open Road, Miles and Escape cards (“Card”). Your Rewards balance will be linked to RewardsPay using the Card you selected. Discover Products Inc. (“Discover”) may provide RewardsPay and/or its affiliates with information about your Rewards balance. Discover will debit the Rewards amount that you have elected to redeem for your purchase from your Rewards balance. There is no fee to redeem your Rewards at RewardsPay merchants. If you do not have enough Rewards, you can pay for the remainder of your purchase with the Card from which the Rewards were applied. Additional Rewards program terms and conditions apply. Please see your Rewards Program Terms and Conditions for full details. RewardsPay Terms and Conditions apply. If you have questions regarding your rewards or your Discover Card account, please contact Discover at 1-800-Discover (1-800-347-2683).
The information you provide to RewardsPay (like your RewardsPay Account Info and Rewards Program Info) is subject to and governed by our Privacy Policy, which is incorporated herein by reference. When you use the Service, RewardsPay will have access to, and may monitor your usage of the Service. By using the Service, you have indicated that you agree that RewardsPay may collect, use and disclose information you provide during your use of the Service, as set forth in our Privacy Policy. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your RewardsPay Account, which you may not be able to opt-out from receiving. Such notices will be sent electronically, to the e-mail address provided in your RewardsPay Account Info.
You acknowledge that:
Your only remedy for a technical failure of a Redemption Code is to redeem that Redemption Code at a later time and/or to contact the applicable Merchant. If you have a dispute over the Goods you purchased, you must contact the applicable Merchant. RewardsPay is not responsible for (and will have no liability regarding) such Goods. Our only involvement is as a payment agent. We may intervene in a dispute concerning payment but have no obligation to do so.
RewardsPay uses reasonable endeavors to make the Service available without interruption; however, there will be occasions when your RewardsPay Account may not be accessible and/or the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. You agree that RewardsPay and your Rewards Program shall not be liable to you for any unavailability, suspension or discontinuance of the Service. RewardsPay reserves the right to refuse to make available or provide the Service at any time for any reason.
You agree that you will not: (i) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service, without RewardsPay’s express written consent, which may be withheld in the RewardsPay’s sole discretion; (ii) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers; (iii) upload or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; (iv) attempt to decipher, decompile, disassemble, or reverse-engineer or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used, comprising or in any way making up a part of the Service; (v) attempt to probe, scan or test the vulnerability of the Service or system or network or breach or impair or circumvent any security or authentication measures protecting the Service; (vi) use the Service in any way that competes with RewardsPay; or (vii) encourage or instruct any other individual to do any of the foregoing.
You may cancel your RewardsPay Account at any time and for any reason by deactivating your RewardsPay Account or by sending us notice. Any cancellation request will be handled within 30 days of receipt of such request. Upon termination, your RewardsPay Account (and your RewardsPay Account Info and Rewards Account Info) will no longer be accessible.
RewardsPay may at any time, suspend, disable or terminate your access to or use of the Service (i) if you have violated or breached any provision of these Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms), (ii) if RewardsPay in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or (iii) immediately upon notice to you. RewardsPay Accounts that remain inactive for a period of time may be subject to automatic termination.
RewardsPay will not be liable to you or to any third party for the suspension or termination of your access or use of the Service. After termination, you understand and acknowledge that RewardsPay will have no further obligation to provide the Service to you. The Service may not be used and is void where prohibited by law.
The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. RewardsPay and its licensors exclusively own all right, title and interest in and to the Service and the RewardsPay Site, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Service (“Feedback”) will be the sole and exclusive property of RewardsPay and you hereby irrevocably assign to RewardsPay all of your right, title, and interest in and to all Feedback.
The Service contains links to Merchants and other third party sites or resources. RewardsPay provides these links as a convenience and does not endorse the companies or contents (including the Goods offered through the Service) of any such sites. RewardsPay and your Rewards Program are not responsible for the content of such sites or resources. If you decide to access any of the third-party web sites linked to the Service, you do this entirely at your own risk.
You acknowledge and agree that the Goods purchased using the Service are provided by third parties and not by RewardsPay or your Rewards Program, and that neither RewardsPay nor your Rewards Program shall have any liability to you whatsoever regarding such Goods or related to the delivery of the Goods. The Service is provided “AS IS” and on an “AS AVAILABLE” basis, without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REWARDSPAY AND YOUR REWARDS PROGRAM AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RewardsPay and your Rewards Program do not warrant that: (i) the use or quality of the Service will be uninterrupted, error-free, timely, secure or meet your requirements or expectations; (ii) the results obtained from use of the Service will be accurate or reliable; or (iii) any errors in the Service will be corrected. The entire risk arising out of the use or performance of the Service remains with you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REWARDSPAY, YOUR REWARDS PROGRAM, THEIR AFFILIATED COMPANIES, THEIR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA, FAILURE OF DELIVERY OF GOODS, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF YOU OR SUCH PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL REWARDSPAY OR YOUR REWARDS PROGRAM BE LIABLE TO YOU FOR ANY AMOUNT OVER TEN U.S. DOLLARS (U.S. $10.00) WITH RESPECT TO YOUR USE OF THE SERVICE.
You agree to indemnify, defend and hold RewardsPay, your Rewards Program, their affiliated companies, their suppliers and their respective officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) an violation or breach of these Terms by you, or (ii) any activity related to access to of use of your RewardsPay Account or your Mobile Device (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your RewardsPay Account or using the Service through your Mobile Device or with your Mobile Number.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If you have a dispute with your Rewards Program or one or more Merchants, you hereby release RewardsPay, your Rewards Program, their affiliates, and their respective officers, directors, employees, agents, successors and assigns from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes. In addition, you expressly waive the provisions of California Civil Code §1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
These Terms shall be governed by and interpreted in accordance with the laws of the State of California, excluding its conflicts of laws principles. Any claim or dispute between us arising out of the Services will be decided exclusively in the federal and/or state courts for Santa Clara County, California. If any part of these Terms is for any reason found to be invalid, illegal or unenforceable, all other parts will remain valid, legal and enforceable. These Terms set forth the entire understanding and complete agreement between RewardsPay and you concerning the Services.
RewardsPay reserves the right, in its sole discretion, to modify, discontinue or terminate the Services at any time, or modify these Terms. All modified terms and conditions will be effective after the new terms and conditions have been posted through the Services. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services. By continuing to access or use the Services after we have posted the new terms and conditions, you agree to be bound by such changes.
If you have any questions about these Terms, please contact us at [email protected].
Effective: June 1, 2012
