Terms & Conditions
Ultimate
1. Ultimate Services
1.1 Ultimate Reward Shop
The Ultimate solution is hosted and operated by the Loylogic group of companies ("Loylogic", "we", "us", "our").
The use of the Ultimate Reward Shop is exclusively for individuals ("Member" ,"Members" "you", “your”) who have been invited to register for the Ultimate program by a participating company, such as an employer of the Member, (“Ultimate Partner”)
When you register for the Ultimate program you will have access to goods, services, vouchers or coupons (together "Reward(s)") featured on the Ultimate website (“Site”) which are offered by independent merchants (“Merchants”). You can use Ultimate points ("Points") that have been awarded to you by your Ultimate Partner to pay for Rewards, along with another means of payment.
For clarity, each Ultimate Partner has a separate agreement with you, and does not become a party to your agreements with Loylogic or Merchants; and each of these parties acts on their own agreement with you and is not liable for any other party.
Members must be aged 18 or older to use the Ultimate Reward Shop . The rules relating to the use of the Ultimate Reward Shop are set out below.
1.2 Acceptance of Terms & Conditions
By accessing the Site or any website linked to the Site and making transactions through the Site, specifically by clicking the "I AGREE" and/or similar buttons, you expressly indicate your acknowledgement and acceptance of the rules applicable to Ultimate and the Ultimate Privacy Notice
1.3 Acceptance of Electronic Communication
Merchants may send you email service communications, including purchase confirmation emails, and you agree that such electronic communications satisfy any legal requirements that such communications be in writing. Service communications cannot be opted out of and therefore if you do not wish to receive these communications, you will not be able to redeem Points or make any purchases using the Site.
1.4 Redemption Types
You can redeem Points in accordance with the following redemption types: Buying, Donating, and Raffles. For each transaction, you need to use at least one Point.
1.5 Relationship between You and Merchants
Rewards are sold and distributed by Merchants who make such Rewards available directly to you via the Site. When you purchase a Reward, you directly enter into an agreement with the respective Merchant. Loylogic provides the access and the technical platform for you to purchase Rewards directly from the Merchant. You agree and acknowledge that separate terms and conditions of the relevant Merchant will apply to certain Rewards. You agree to abide to such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claims for damages. Loylogic will not become a party to the transaction between you and the Merchant. You should read the terms and conditions of the respective Merchant on the Merchant Details tab as you will need to accept that Merchant’s terms and conditions prior to making a purchase.
1.6 Use of the Site
You may only use the Site to make non-commercial, legitimate reservations or purchases and shall not use the Site or the Ultimate solution for any other purposes, including making any speculative, false or fraudulent purchases. Offers are subject to availability at the time you place the purchase order. By accessing and/or using the Site, you authorize Loylogic to consider any person using your information a legitimate user. Purchases can be made only by Members personally. Members/legal guardians must ensure that the login details are not used illegally. Loylogic bears no responsibility for any consequences of illegal use of a Member’s personal details. Loylogic reserves the right to refuse access to the Site in cases it deems constitute misuse.
Loylogic will not be held responsible for the exclusion of Members who use the Site unlawfully.
1.7 Restriction on Use
Due to local laws and regulations, we reserve the right to exclude Members from certain jurisdictions from making transactions via the Site. By making transactions via the Site, you confirm that you are not breaching any laws in your country of residence regarding the legality of such use. We will not be held responsible (i) for the exclusion of Members from certain jurisdictions and (ii) if you use the Site unlawfully. If in any doubt you should check with the relevant authorities in your country of residence.
2. Points
2.1 Points issuance
Points will be issued by your Ultimate Partner and will be credited into your Ultimate account. Points can be used only for the purposes expressly specified in these terms and conditions. Points may not be sold, exchanged, offered for auction and any other transfer of Points to a third party is prohibited.
2.2 Points Expiry
Points expire 24 months after the date issuance. Points will be redeemed on a first-in, first-out basis.
3. Customer Service
For questions related to the products purchased via the Site or to your order, please contact the relevant Merchant. For general questions related to the Site and the redemption types, please contact us.
4. Redemption Types
4.1 Buying
Through this redemption type, you can purchase Rewards from Merchants in exchange for Points, or a combination of Points and cash by debit or credit card. For each transaction, the use of at least one Point is mandatory. Please see section 4 below for further details.
4.2 Donating
Through this redemption type, you can redeem Points by making donations or contributions to the charities appearing on the Site. Donations can only be made in Points.
4.3 Raffles
Members can redeem Points for raffle tickets to win specified prizes published on the Site ("Prizes"). To enter, you must redeem the specified number of Points for a prize draw ticket, as set out on the Raffles section of the Site. Points are deducted from your Ultimate account once you have placed your ticket(s) order. Tickets cannot be purchased with cash or money equivalent. No purchase necessary: you can enter without redeeming Points and receive a coupon code for one free entry by emailing us at prizeentry@loylogic.com with the following information in the subject line: "Free Entry"; your Ultimate registered Email ID; and, the name of the relevant raffle. We will send you a discount code which can be used to claim one entry into the respective raffle. Only one discount code can be claimed per raffle.
4.3.1 Raffle Eligibility
Entry into raffles or the winning or claiming of Prizes is open to Members over the age of 18 years. Entry is not open to Members located in jurisdictions where such draws are prohibited by law or regulation or to any of Loylogic’s affiliates, subsidiaries, directors, test-users, employees, or members of such employees’ immediate families.
4.3.2 Raffle Rules
Each raffle start and closing period, time and date of draw and all other applicable terms will be published on the Site. Entrants will be deemed to have accepted the rules of a raffle when they redeem Points towards a raffle ticket.
4.3.3 Raffle Winners and Confirmation of Identity
After a raffle is closed, the winner will be drawn at random and the decision shall be final. The winner will be informed by email. The winner may be required to confirm their identity and legal age by providing a copy of the relevant page of their passport, tax identification, driving license or national identity card to us. Following receipt and verification of the details above, the winner will be contacted in order to make arrangements for delivery of the Prize. Where applicable, winners explicitly agree to bear the cost of customs, VAT, and any other related taxes or fees and we reserve the right to invoice the winner for said fees.
4.3.4 Raffle Winner’s Information
Unless you notify us otherwise, the information you provide when entering a prize draw will be used by us to administer the draw(s), including entering your information into the draw, notifying you in case of a win, allocating prizes and publishing your information in a winner’s list. Refer to the Privacy Notice for more information on how your data is handled.
4.3.5 Raffle Cancellation
We reserve the right to cancel any raffle, for any reason, before or after all or some of the raffle tickets have been sold. In these circumstances we will return the Points redeemed to all participants in the cancelled raffle without obligation to pay any interest whatsoever.
4.3.6 Late/Unsuccessful Entry
Loylogic accept no responsibility for entries which are not successfully received, or which are delayed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
4.3.7 No Conversion of Prizes
The conversion of a Prize into a cash amount and the payment of such cash amount to the winner or any similar transactions is not possible.
4.3.8 Substitute Winner
In case a winner does not, for any reason whatsoever, accept or claim a Prize within a reasonable time, or should it be determined that any winner was not eligible to participate in or was expelled from the prize draw for any reason, the Prize may be awarded to a substitute winner, in the sequence of their draw. If necessary, a new winner shall be drawn from the existing ticket pool.
4.3.9 Applicable Law
The rules relating to raffles are governed by the laws of Switzerland. As a consumer, you will benefit from any mandatory provisions of the law of the country in which the promotion takes place. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
By entering a raffle, you confirm that you are not breaching any laws in your country of residence regarding the legality of entering the prize draw. In case you participate in a raffle although applicable jurisdiction prohibits prize draws and/or prize draw participation, we reserve the right not to ship the Prize. We will not be held responsible if you enter into any raffle unlawfully. If in any doubt you should check with the relevant authorities in your country.
5. Reward Payment
Members can purchase Rewards using a combination of Points and cash via debit or credit card. Points are deducted from your Ultimate account once you have placed your order.
5.1 Payment with Points
Members can part pay for Rewards using only Points provided they have a sufficient amount of Points in their Ultimate account. The number of Points required to be redeemed per Reward will be published on the Site and may be varied, at our discretion, from time to time.
5.2 Payment with a Payment Card or Credit Card
Rewards are not available for purchase with a card payment only. For payments by debit card or credit card, a secure Credit Card Internet Gateway Service (with for example 3D Secured) is used. The communication with the payment gateway happens via https. The amount as indicated on the Site for the respective Reward will be collected by Loylogic on behalf of the Merchant.
5.3 Conversion of Points into Cash
The conversion of Points into a cash amount and the payment of such cash amount to Members or any similar transaction is not possible, not even in the case of the return of an item or the refusal of access to the Site.
5.4 Reclaim/Refund of Cash and Points
Any Rewards purchased by you with Points that have not been properly debited to your Ultimate account can be reclaimed by Loylogic at any time without compensation.
If you return a Reward that was purchased using Points, once and only if the Merchant confirms acceptance of the refund, we will refund you the cash element of your purchase to your payment card and credit those Points to your Ultimate account.
6. Shipping, Handling and Return of Rewards
6.1 General
For shipping, handling, returns or other delivery related matters, such terms and conditions as set out in the relevant Merchant Details tab on the Site are exclusively applicable.
6.2 Shipping
Physical Rewards are sent only to the address explicitly provided with a specific order. Digital Rewards (including coupons and vouchers) can be downloaded via a link in the email sent to the address provided with a specific order. Delivery dates cannot be guaranteed and we do not assume any liability for failed deliveries caused by incorrect physical or email addresses, absence of the recipient, customs issues, force majeure or other reasons not under our reasonable control. Please contact the Merchant in case of non-delivery of the Product beyond the estimated delivery time stipulated on the order confirmation page. Any non-delivery claims received later than 3 months from the order date can no longer be processed.
6.3 Fees & Taxes
The prices on the Site include all taxes and shipping and handling fees of the Merchant unless otherwise specified. Nevertheless, for some Rewards, you may be required to pay and may bear in addition local duties and taxes such as, for example, VAT and/or luxury or customs taxes depending on your local jurisdiction. Please check with your local customs authorities prior to purchasing a Reward.
6.4 Withdrawal Period
Where required by applicable law, Merchants give a 14-day withdrawal period starting from the day on which you received the Rewards. The withdrawal period shall however always comprise at least 7 working days from the day on which you received the Reward. During this period, you have the right to withdraw from the purchase by notifying us and returning the unused and undamaged products in original packaging within 14 days of notifying us to the Merchant's address. Products returned thereafter can no longer be considered for refund or exchange nor can the Points be refunded unless specified otherwise. There may be a longer withdrawal period or no withdrawal period for perishable or customized items or for digital products or downloads – please refer to the Merchant Details tab on the Site for more details.
6.5 Return Handling
In case a Merchant grants a return period that exceeds any legally required withdrawal period, such terms as set out in the relevant Merchant Details tab on the Site are exclusively applicable. In case of (i) returns in accordance with the applicable terms and conditions of the relevant Merchant, or (ii) unsuccessful delivery due to your actual fault (e.g., insufficient or incorrect delivery address or no physical acceptance at the nominated delivery address) you may be required to pay incurred credit card fees, additional shipping and handling fees, and any other taxes and expenses in connection therewith.
6.6 Guarantee Period
In case of an existing fault in a Product, such guarantee periods, if any, as set out in the relevant Merchant Details tab are exclusively applicable.
6.7 Faulty/Damaged Goods
If you receive faulty/damaged goods from a Merchant, please contact us within 24 hours of receipt of your delivery, including, where possible, reasonable proof of the fault/damage.
7. Cancellation and Termination
7.1 Cancellation or Termination by a Member
You have the right to cancel your Ultimate membership at any time up until 14 days from the start date of your membership without giving a reason. Contact us to cancel or you can use the Model Cancellation form.
You may terminate your Ultimate membership at any time, by contacting us.
After cancellation or termination you will no longer be able to access Ultimate and your Points will automatically expire.
7.2 Termination by Us
We have the right to terminate your membership r at any time and for any reason on one hundred and eighty (180) days' notice.
In case you have not actively used Ultimate for a continuous period of 24 months (for example, you have not made any transactions in this period), we reserve the right to terminate your membership.
We also reserve the right to immediately terminate any membership for any misuse or fraudulent activity.
Membership will terminate automatically upon the death of a Member.
After termination you will no longer be able to access Ultimate and your Points will automatically expire.
8. Personal Information
8.1 Processing of Personal Information
We process personal information as required to operate Ultimate as explained in our Privacy Notice. By using Ultimate, you consent to the transfer of your information in accordance with these Terms and Conditions. To the extent that data collected through Ultimate contains personal data, the collection and further processing of such information is explained in the Privacy Notice. In addition, the processing of data collected by Merchants including information that the Merchant obtains from us is explained in the Merchants’ own privacy notices.
8.2 Confidentiality of Credentials
Access to and use of password protected and/or secure areas of the Site is restricted to authorised persons only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. Members are responsible for maintaining the confidentiality of their credentials, including their account and password, and for restricting access to their computers to prevent unauthorised access to the Site. Members agree to accept responsibility for all actions that occur under their account or password. Members should take all necessary steps to ensure that their credentials are kept confidential and secure and should inform Loylogic immediately if they have any reason to believe that their password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
9. Indemnification and Limitation of Liability
When making purchases on the Site, you enter into an agreement with the relevant Merchant. You expressly acknowledge and agree that Merchants are independent contractors and not employees or agents of Loylogic who shall not be liable for the acts, errors, omissions, representations, warranties or negligence of Merchants.
As far as permissible by applicable law, Loylogic hereby disclaims any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with Rewards purchased via the Site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of the relevant Merchant. To the extent permitted by law, Loylogic excludes all liability to you or other person of whatsoever nature in respect of any service provided, or failure to provide a service, by or on behalf of a Merchant.
Loylogic provides no warranty whatsoever, express or implied, and assumes no responsibility to you or any third party, (i) as to the timeliness, accuracy, completeness, availability, merchantability, quality, fitness for any particular purpose and non-infringement of the information and content including any software programs available on or through the Site (collectively "Content") or that the Content is up to date; (ii) that the Site will meet your requirements, will be uninterrupted, timely, secure, or error-free; (iii) that the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) that any errors in the content available through the Site will be corrected. The Content available on the Site may be updated at any time without notice.
As far as permissible by law, and subject to damages caused wilfully or with gross negligence, Loylogic, its affiliates, and their respective officers, directors, Ultimate Partners and agents exclude any liability, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, or incidental damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or the Ultimate program, or with the delay or inability to use the Site or a linked Site, even if they have been made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labour problems or any force majeure. Loylogic cannot and does not guarantee continuous, uninterrupted or secure access to the Site or the Ultimate program.
10. Legal Remedies
Loylogic reserves the right to seek all remedies available at law and in equity for any misuse of the Site or the Ultimate program and/or violations of these rules, including the right to block access from a particular internet address and to exclude a Member from accessing the Site or the Ultimate program.
11. Copyrights, Marks and Patents
The trademarks, logos and service marks (collectively "Marks") displayed on the Site are the property of Loylogic, or of the Merchant or other third party, as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of Loylogic or such other party which may own the Marks. All Content is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents apply to the features and services accessible via the Site, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.
12. Exchange Rates
All exchanges rates displayed on the Site in connection with any transactions are under license from XE.com.
13. Updates to Terms and Conditions
These terms and conditions may be updated from time to time. Any changes will become effective upon our posting of the Terms and Conditions on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.
14. Governing Law
These terms and conditions are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
Last updated: 13th February, 2023
Reward Card
These Terms and Conditions apply if you register for a Virtual Reward Card
1.1 Card Issuance/ Contracting parties
Cornèr Banca SA (hereinafter referred to as "the Bank") shall issue in favour of the card applicant (hereinafter referred to as "the Cardholder") a personal and non-transferable Visa Prepaid Card (hereinafter referred to as "the Card") upon the Bank's acceptance of the Card application submitted by Card applicant. The Card may be issued physically by providing a plastic card and a secret personal identification number (hereinafter referred to as "the PIN") or virtually without providing a plastic card and a PIN). These General Terms and Conditions shall apply, to the extent applicable, likewise to physical and virtual Cards.
Upon acceptance of the Card application by the Bank and at any and all times thereafter, the Cardholder directly enters into a Card agreement with the Bank as the Card issuer. Loylogic AG, is the responsible service provider and partner of the Bank (hereinafter referred to as "the Service Provider"). The Cardholder expressly agrees and accepts that any claims arising out of such Card agreement can only and exclusively be made against the Bank as the Card issuer, subject to the limitations provided for in Sections 3 and 4 hereinafter and the Service Provider expressly disclaims any such liability except for the process of converting accrued miles or points into funds as per Section 2, the delivery of the Card, the PIN and other personalized security features as per Section 8, and any consequences arising from the use or non-use of the online access functionalities as per Section 1.9.
1.2 Validity/ Loading/ Spending Limit/ Charge Backs
The Card shall remain valid until the date engraved upon it. If so requested, the Bank may replace the Card before it is due to expire. The Cardholder shall undertake to sign the Card as soon as he/she receives it. The Cardholder shall update his/her profile immediately in case of any changes provided on the Card application, in particular of changes in personal data or address. If the Card is replaced, the balance of the old Card shall be transferred to the new Card, after deduction of any fees.
The Card will be exclusively loaded by the Service Provider via its bank account established with the Bank. Such loading operation shall be exclusively generated as a result of the conversion of accrued miles or points in virtue of a specific electronic tool developed by the Service Provider permitting such conversion. The Cardholder explicitly agrees to such loading operation by the Service Provider including but not limited to the back and forth transfer, debit, and/or credit of miles and points between the Cardholder's miles or points account and the Card. The Cardholder acknowledges that the Bank assumes no responsibility whatsoever with regard to the process of converting accrued miles or points into funds that are loaded or supposed to be loaded on the Card.
The Card can be used up to the amount loaded by the Service Provider. The spending limit per amount loaded shall decrease as Card usage increases but shall rise as subsequent transfers (hereinafter referred to as "reloads") are made to the Card. The amount loaded does not earn any interest. Card spending above the amount loaded shall not be allowed; should this limit nevertheless be exceeded, the Cardholder shall repay the excess amount immediately and in full and Service Provider reserves the right to make such points or miles withdrawal from Cardholder's account and/or invoice the Cardholder for such excess amount spent.
The Cardholder agrees that any Card charge backs and related fees are borne by Cardholder and Service Provider reserves the right to make such points or miles withdrawal from Cardholder's account and/or invoice the Cardholder for such Card charge backs and related fees.
1.3 Use of the Card/ Safeguarding of the Card and PIN/ Limitation of liability
The Cardholder is authorized to purchase goods and services from affiliated merchants worldwide, provided that they are equipped with the electronic acceptance device for Visa Cards which requires the PIN or the signature. Cash withdrawals from ATM's or banks are excluded unless provided otherwise. The Service Provider and the Bank expressly disclaim any liability for purchases made by a party other than the Cardholder.
The Card must be kept in a safe place and protected against unauthorized access or use by third parties at all times. The Cardholder shall neither write down his/her PIN anywhere nor disclose it to anyone, not even to persons claiming to work for the Service Provider or the Bank and identifying themselves as such. The Cardholder shall be liable for all consequences resulting from his/her failure or the failure of the Cardholder of the Partner Card to comply with the obligation to safeguard the PIN and/or the Card. The Cardholder further acknowledges that neither the Bank nor the Service Provider shall be liable in case of interception of the mobile device and subsequent misuse of the online access functionalities, PIN and/or Card by an unauthorized third party if the mobile device password, online access password, and/or PIN have been stored on the mobile device. The Cardholder further acknowledges that neither the Bank nor the Service Provider shall be liable in case of interception or misuse of the points engine of the participating loyalty program by an unauthorized third party, or interception or misuse of a mobile device that has been "jailbroken".
The Card merely functions as a cashless means of payment. The Bank and the Service Provider shall not be held liable for any transactions conducted with the Card. In particular, the Cardholder shall acknowledge that the Bank and the Service Provider are not liable even if, for any reason, the affiliated merchants do not accept the Card, or accept it only partly. The Cardholder shall further acknowledge that the Bank and the Service Provider are not liable in such an event and shall not file any complaint with the Bank and the Service Provider in connection with the vouchers themselves and/or the Card usages relating thereto. This shall also apply in the case of late delivery of, or failure to deliver, goods or services. In the event of disputes or complaints of any kind concerning goods or services, or the exercise of any right in this connection, the Cardholder shall contact exclusively the affiliated merchant. In particular, the Cardholder shall not be released from his obligation to pay the Bank the amounts shown on the e-statements in case of any disputes that may arise. The Card may only be used for transactions which are lawful. The Bank and the Service Provider expressly disclaim any liability in case of unlawful transactions and/or fraudulent use of the Card, false information provided on Card application and/or registration, which may lead to criminal and civil prosecution.
1.4 Acknowledging and Processing of Transactions/ Verification of the Balance
By signing the appropriate voucher when using the Card or by using the PIN, the Cardholder acknowledges the correctness of the amount. Moreover, the Cardholder shall acknowledge the validity of transactions carried out with the Card or with the Card details but without a signature or use of the PIN (on the Internet or over the telephone). The Cardholder irrevocably authorizes the Bank to pay this amount to the affiliated merchant. The Cardholder becomes a debtor of the Bank with regard to the amounts paid by the Bank. The Bank reserves the right not to honor any vouchers which do not comply with these General Terms and Conditions.
All purchases and other transactions made with the Card or with the details on it, as well as all payments, will be treated based on the value and date according to the date of the accounting entry. For Card usage conducted in other currencies (other than the currency of the Card), the Cardholder shall accept the exchange rate used by the Bank.
The Cardholder may at any time view the balance of his/her Card by means of online access functionalities hosted by the Service Provider. The balance includes all transactions notified to the Bank up to the evening of the previous Swiss working day. The e-statement shall be regarded as approved unless it is contested in writing immediately but at any rate no later than 30 days following the accounting entry date. Late notification of contested items shall not be considered.
1.5 Refund of Balance
Should the Card be cancelled, the Cardholder may ask for reimbursement of the remaining balance after deduction of administrative expenses as indicated in the table in the Card application form or as separately communicated by the Bank.
1.6 Loss of the Card
If the Card is lost or stolen, the Cardholder must report the event immediately to the Bank by telephone with subsequent confirmation in writing. In the event of theft, the Cardholder must also report the theft to the police. Until such time as the Bank receives such notification of the loss/theft, the Cardholder shall be liable for any fraudulent use of the Card. The Cardholder will be responsible for any transaction which has been made through the use of the Card and his/ her PIN, even after the Card has been reported lost or stolen. He/she shall not be deemed liable if he has exercised all due care in safeguarding the Card. In principle, such a replacement shall not be made until 7 days following such a request.
1.7 Card cancellation and blocking
The Cardholder and the Bank may cancel the Card agreement at any time with immediate effect without providing any reasons. Upon cancellation, all outstanding amounts owed will automatically become due and payable. The Cardholder will not be entitled to reimbursement of the annual subscription fee on a pro rata basis. The Cardholder shall also pay in full any charges incurred following termination of the agreement in accordance with these General Terms and Conditions.
The Bank reserves the right at its discretion to block and/or recall the Card of the Cardholder at any time, without advance warning and without having to give reasons. Its decision cannot be contested. The Bank and the Service Provider shall not be held liable for consequences which might arise for the Cardholder as a result of the blocking or recall of the Card. The use of a blocked Card is unlawful and may result in prosecution, as may the obligations incurred by the Cardholder as a result. The Bank reserves the right to provide the affiliated merchants with any information they may require to obtain the amount due directly from the Cardholder.
1.8 Transmission of Documentation and Identification Tools
The Cardholder instructs the Bank to deliver the Card, the PIN and other personalized security features issued from time to time by the Bank in his/ her favor as well as the documentation and information related to the use of such Card, PIN or other personalized security features at his/her attention to the Service Provider or its authorized agent. The Service Provider and/or its authorized agent shall be responsible to deliver such tools, documentation and information to the Cardholder by adopting appropriate security measures. The Card and the PIN may be posted to the address provided by the Cardholder in the application form. The Card and the PIN shall be delivered to the Cardholder in different envelopes. The Service Provider and the Bank expressly disclaim any liability for late shipment or none arrival of the Card and/or PIN and any follow up shipment remains at Cardholder's expense. The Card shall remain the property of the Bank at all times.
1.9 Disclosure of information; online information and e-statement; call center facilities
The Cardholder instructs the Bank to make available to the Service Provider any information related to the Card, in particular information concerning Card issuance, Card use, reloading, etc., in order to enable the Service Provider to administer its relationship with the Cardholder. The Service Provider will provide appropriate online access functionalities and make available to the Cardholder electronically a statement of the executed transactions and Card usages, reloadings, charges and fees (e-statement). In the event of discrepancies between the records provided by the Service Provider and the internal accounting records of the Bank, the Bank records shall prevail. The Cardholder explicitly accepts to receive all these information electronically and not on paper. The Bank shall not be liable for any consequences arising from the use or nonuse of the online access functionalities provided by the Service Provider. The Bank will further neither incur any liability with regard to the accessibility or serviceability of such online facilities nor assume any responsibility regarding the execution, non-execution or partial execution of all obligations incurred by the Service Provider in favour of the Cardholder regarding such online access functionalities including, but not limited to, access codes, passwords, etc. The Bank will make available to the Cardholder, at any time, the Card balance and the e-statements also through its call center.
1.10 Data Protection
The Bank is committed to maintaining personal data in accordance with the requirements of the Swiss Data Protection Act and will take all reasonable steps to ensure that data is kept secure at all times. Unless required by law or elsewhere in these terms and conditions, personal information will not be passed to anyone without the Cardholder's permission. In order to ensure the operability of the Card with VISA network, the Cardholder authorizes the Bank to transmit, in so far as it is necessary, his/her personal data to third parties, i.e. any entities of the financial sector and to any affiliated merchants/banks, which participate in the relevant international Card payment system, to the Card producers, to the entities which apply the relevant data to the Cards and to the entities which possess the relevant Card license, as well as to the international authorization and clearing authorities. To comply with applicable Know-Your-Client-rules and Anti-Money Laundering Regulations, the Bank, the Service Provider and/or any other business partner (the "Partner") who will introduce the Cardholder to the Service Provider and the Bank, shall be entitled to carry out all necessary verifications regarding the Cardholder's identity. Further details concerning the Bank’s Data Protection/Privacy Policy are defined in the “Data Privacy Policy” published on the Bank’s website (corner.ch/en/legal/privacy-notice). Accessing this document, that might by updated from time to time, the Cardholder will be informed about the following issues: (i) Who is responsible for data processing within the Bank; (ii) what sources and data does the Bank use and process; (iii) purpose of the Bank’s data processing and the legal basis; (iv) who receives personal data; (v) data transfer to third countries; (vi) duration of data storage; (vii) data protection rights of the Cardholder; (viii) is there an obligation of the Cardholder to provide data; (ix) is profiling or automated decision-making used; (x) opt-out and objecting rights of the Cardholder. The Cardholder acknowledges and accepts this concept of data processing and accepts further, that his personal data may be used by the Service Provider and the Bank for proper marketing purposes.
1.11 Fees
The Cardholder shall pay to the Service Provider and/or the Bank the fees concerning the issuance and use of the Cards as well as the services rendered by the Service Provider and/or authorized agents. With regard to the services rendered, the Bank receives recompense from the Service Provider and respectively the Service Provider receives recompense from the Bank. However, the Bank and/or the Service Provider have no obligation to report to the Cardholder on the payment of such amounts. The Cardholder waives any claims to any such recompense. The Cardholder shall be exclusively liable with regard to payment of the Card fees and all obligations arising from the use of the Card and from these Terms and Conditions. All fees due to Card charge backs, administrative fees, lost or stolen Cards or PINS, shall be borne by the Cardholder.
1.12 Compliance with statutory requirements/Exchange of information
The Cardholder acknowledges and agrees that for the purposes of his business relationship with the Bank, he will be solely responsible for complying with all statutory and regulatory requirements, including but not limited to any requirements pertaining to tax, which may apply to him pursuant to the law of the jurisdiction in which he is resident or domiciled, or in general, pursuant to the laws of all jurisdictions in which he is required to pay tax in respect of any credit balance available on the Card. The Bank will have no liability whatsoever in respect of such compliance. The Cardholder shall consult an expert adviser if he is in any doubt as to his compliance with these requirements. The Cardholder is aware that the Bank may be required under agreements between Switzerland and other countries and as a result of individual or group requests pursuant to such agreements, or on the basis of internationally recognized standards, for example standards applying to the automatic exchange of information, to disclose information regarding payment cards to the relevant Swiss or foreign tax authorities.
1.13 Cardholder communications and enquiries
Except where provided otherwise herein, any communication, notification or transmission of information shall be made in the manner agreed upon between the Bank and the Cardholder in any relevant document (i.e. application form) or by means of the Service Provider's website.
1.14 Privacy/ Verification, Disclosure, Transfer of Information/ Assignment of Agreement/ Acceptance of Agreement /Place of Jurisdiction/Other Conditions
The Bank and/or the Service Provider or its agents shall be authorized to record telephone conversations between it and the Cardholder on quality assurance and security grounds, to store these recordings on data media and to keep them for one year. Moreover, the Cardholder certifies the data furnished on the Card application to be correct and authorizes the Bank to obtain from public offices, banks and authorized third parties any information deemed necessary for the review and verification of the application. The information and data disclosed to third parties shall, in principle, only be used for the collection and performance of outstanding claims. The Cardholder accepts that data are transmitted to the Bank via the international credit card network even related to transactions taking place in Switzerland. The Bank is entitled to commission third parties in Switzerland or abroad to perform all or part of the services pertaining to the contractual relationship, including reward and loyalty programs (e.g. application reviews, card manufacture, contract management, online services, payment collections, client communications, credit risk calculations, payment processing, IT) and for the improvement of the risk models used in granting credit limits and fraud prevention. The Cardholder authorises the Bank to provide these third parties with the data necessary for the diligent performance of the tasks assigned to them and, if required, to transmit this data abroad for this purpose. Data is only disclosed if the recipients undertake to keep the data confidential and to maintain an appropriate level of data protection and to ensure that any other contracting partners are also bound by this obligation.. The Cardholder has read and understood these General Terms and Conditions and accepts them in full by submitting his or her Card Application. In addition, he shall receive a further copy of these General Terms and Conditions together with his Card. By signing and/or using the Card, the Cardholder confirms acceptance of the General Terms and Conditions. The Bank reserves the right to amend these General Terms and Conditions at any time. The Cardholder shall be informed of such changes by circular letter or in some other appropriate form (i.e. by e-mail, by means of the Service Provider's website, etc.). The changes shall be regarded as accepted by the Cardholder's continued use of Card or if the Cardholder raises no objection within 30 days of notification, whichever is earlier.
All legal relations between the Cardholder and the Bank and/or Service Provider shall be subject to Swiss substantive law with the exclusion of conflict of law principles. The place of performance, the place of special proceedings for the collection of debts owed by Cardholders residing abroad and the exclusive place of jurisdiction for all disputes shall be Lugano, Switzerland, subject to compulsory dispositions of Swiss law. The Bank and/or Service Provider shall, however, also have the right to take legal action against the Cardholder in the competent court of his place of residence or in any other competent court.
PointsPay Terms & Conditions
1. Access to Pointspay
1.1 Pointspay
Pointspay is a merchant payment program (”Pointspay”) provided by Loylogic Rewards FZE, whose registered address is Dubai Airport Freezone Authority, PO Box 293805, Dubai United Arab Emirates (“Loylogic”, “we”, “our”). Pointspay allows members of participating loyalty programs (each a “Loyalty Program”) to pay merchants who are affiliated with Pointspay and/or who accept Pointspay as a payment method on their websites (”Pointspay Merchants”) for goods or services with Loyalty Program currency such as points or miles (together “Points”), or a combination of Points and other means of payment, and, in addition, to earn loyalty points from their Loyalty Program.
The use of Pointspay is exclusively for members of participating Loyalty Programs who are able to enter into legally binding agreements under applicable law (“you”). The terms and conditions for the use of Pointspay are set out herein (“Pointspay Terms”).
1.2 Acceptance of Pointspay Terms
By accessing and/or signing up for Pointspay or by using the Pointspay website (“Site”) to make transactions, specifically by clicking on the "I AGREE" tickbox and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the Pointspay Terms and your acknowledgment of the Pointspay Privacy Notice.
1.3 Relationship between you, Pointspay Merchants, and Loyalty Programs
Every time you make a purchase, reservation or other transaction using Pointspay (“Transactions”), you enter into an agreement directly with the respective Pointspay Merchant who is responsible for the fulfilment of your purchase, reservation or other transaction. You agree and acknowledge that separate terms and conditions of the relevant Pointspay Merchant will apply to any Transactions. Neither your Loyalty Program nor Loylogic will be party to a contract for a Transaction between you and the Pointspay Merchant. Likewise, Loylogic will not be party to your contracts with the Loyalty Program(s). You agree and acknowledge that Loylogic will have no obligations to you under your contracts with Pointspay Merchants and with Loyalty Programs.
2. Use of Pointspay
You may only use Pointspay to make non-commercial, lawful Transactions. You must not use Pointspay for any other purposes, including any speculative, false or fraudulent Transaction. Each Pointspay user is responsible to use Pointspay subject to his/her authorization to redeem or accrue points/miles within a certain Loyalty Program or a specific online shopping platform.
Due to local laws and regulations, your Loyalty Program and Loylogic reserve the right to exclude you from making transactions using Pointspay if you are from certain jurisdictions. By making transactions via Pointspay, you confirm that you are not breaching any laws in your country of residence regarding the legality of such use. Neither your Loyalty Program nor Loylogic will be held responsible (i) for excluding you from using Pointspay if you are from certain jurisdictions and/or (ii) if you use Pointspay unlawfully. If in any doubt you should check with the relevant authorities in your country of residence.
3. Points Redemption
3.1 General
When making Transactions via Pointspay, Pointspay Merchants offer you to pay via the Pointspay program with Points, or, where your Loyalty Program and the relevant Pointspay Merchant permits you to, with a combination of Points and cash.
Your Loyalty Program and/or the Pointspay Merchant may have restrictions on whether this Points redemption feature is enabled, the minimum number of Points that may be redeemed in a transaction, if cash may be used and/or the permitted cash proportion of a transaction.
3.2 Payment with Points
Provided that you have sufficient Points available in your Loyalty Program account at the time of Transaction, you can make Transactions for such amount of Points as indicated to you within Pointspay once you have chosen your product on the Pointspay Merchant’s website and then selected Pointspay as your payment option. Points that are not yet accrued and credited to your Loyalty Program account at the time you place the purchase order are not available for Transactions. Should you not have sufficient Points available in your Loyalty Program account at the time of the Transaction, or should you prefer to pay only part in Points, provided that the relevant Pointspay Merchant and your Loyalty Program permit you to, you may pay the difference in cash (by debit card or credit card) in accordance with these Pointspay Terms. Points are deducted from your Loyalty Program account as soon as an item is purchased.
3.3 Payment by Debit or Credit Card
When redeeming Points towards a Transaction, if permitted by your Loyalty Program and the relevant Pointspay Merchant, you may pay part of the price by debit card or credit card. Pointspay uses a secure credit card internet gateway service (with, for example 3D Secure). The communication with the payment gateway happens via https. The amount of the transaction paid for using a debit or credit card will be collected by Loylogic on behalf of the Pointspay Merchant.
3.4 Conversion Ratio
The amount of Points necessary for a Transaction is determined by your Loyalty Program and Loylogic. Your Loyalty Program has the right, at any time and at its sole discretion, to change the amount of Points necessary to make a Transaction. The conversion ratio of Points can vary between Loyalty Programs, Pointspay Merchants, the products being purchased, and may be dependent on your Loyalty Program tier level.
3.5 No Conversion into Cash
The conversion of Points into a cash amount and the payment of such cash amount to you or any similar transactions are not possible, not even in case of returns.
3.6 Reclaim of Points
Where Points have not been properly debited from your Loyalty Program account following a Transaction via Pointspay, the missing Points can be reclaimed by Pointspay from your Loyalty Program at any time without notice.
4. Points Accrual
4.1 General
When making Transactions via Pointspay, you may pay the Pointspay Merchant using a credit/debit card exclusively or as part of a Points plus cash payment and in turn earn or accrue Points from your Loyalty Program based on the cash amount. Your Loyalty Program and/or Pointspay Merchant may have restrictions on whether this Points accrual feature is enabled.
4.2 Payment by Debit or Credit Card
Provided that your Loyalty Program and/or Pointspay Merchant has this feature enabled, Points may be accrued using Pointspay when a credit/debit card is used to pay for a Transaction either as part of a Points plus cash payment or an exclusively cash payment. For payments by credit/debit card, a secure credit card internet gateway service (with, for example 3D Secure) is used. The communication with the payment gateway happens via https. The amount of the transaction paid for using a credit/debit card will be collected by Loylogic on behalf of the Pointspay Merchant.
4.3 Accrual of Points
The amount of Points that you will earn for a given Transaction will be displayed within Pointspay once you have chosen your product on the Pointspay Merchant website and then selected Pointspay as your payment option. Once the Transaction is completed within Pointspay, Loylogic will notify your Loyalty Program. It is the responsibility of your Loyalty Program to credit the appropriate number of Points to your Loyalty Program account. The time it takes for different Loyalty Programs to credit Points to your account will vary and is not controlled by Loylogic.
4.4 Conversion Ratio
The amount of Points that can be accrued for a Transaction is determined by your Loyalty Program and Loylogic. Your Loyalty Program has the right, at any time and at its sole discretion, to change the rate at which points can be accrued. The conversion ratio of Points can vary between Loyalty Programs, Pointspay merchants, the products being purchased, and dependent on your Loyalty Program tier level.
4.5 Reclaim of Points
In the case of refunded items, we may also charge you for the cost of Points added to your Loyalty Program account and we reserve the right to deduct such cost from the cash amount due back to you.
5. Electronic Communication
Pointspay Merchants may send you email service communications, including purchase confirmation emails, and you agree that such electronic communications satisfy any legal requirements that such communications be in writing. Service communications cannot be opted out of and therefore if you do not wish to receive these communications, you must stop using Pointspay and request termination of your Pointspay membership – please refer to the Privacy Notice for more information.
6. Customer Service
All questions related to the products and/or services purchased using Pointspay should be directed to the relevant Pointspay Merchant, including questions related to shipping, delivery, and refunds. For general questions related to Pointspay please contact us at: support@pointspay.com.
7. Termination
7.1 Termination by you
You may terminate your Pointspay membership at any time, by contacting us.
7.2 Termination by Loylogic
We have the right to terminate your Pointspay membership of a Member at any time and for any reason on one hundred and eighty (180) days’ notice.
We also reserve the right to immediately terminate any membership for any misuse or fraudulent activity.
8. Personal Information
8.1 Processing of Personal Information
We process personal information as required to operate Pointspay as explained in our Privacy Notice. By using Pointspay, you consent to the transfer of your information between your Loyalty Program and Loylogic in order to process your request(s) to pay with Points, and, where relevant, to accrue Points in accordance with the Pointspay Terms and Conditions. To the extent that data collected through Pointspay contains personal data, the collection and further processing of such information is governed by the Pointspay Privacy Notice. In addition, data collected by Pointspay Merchants including information that the Pointspay Merchant obtains from Pointspay will be handled subject to the Merchants’ own privacy notices.
8.2 Confidentiality of Credentials
Access to and use of password protected and/or secure areas of the Site is restricted to authorised persons only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You are responsible for maintaining the confidentiality of your credentials, including your Pointspay account and password, and for restricting access to your computer(s) to prevent unauthorised access to the Site. You agree to accept responsibility for all actions that occur under your Pointspay account or password. You should take all necessary steps to ensure that your credentials are kept confidential and secure and should inform Loylogic immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Neither your Loyalty Program nor Loylogic bear any responsibility for any consequences of illegal use of your credentials.
9. Indemnification and Limitation of Liability
When making Transactions using Pointspay, you enter into an agreement with the relevant Pointspay Merchant. You expressly acknowledge and agree that Pointspay Merchants are independent contractors and not employees or agents of Loylogic who shall not be liable for the acts, errors, omissions, representations, warranties or negligence of Pointspay Merchants.
As far as permissible by applicable law and subject to damages caused wilfully or with gross negligence, your Loyalty Program and Loylogic hereby disclaim any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with items purchased using Pointspay, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of the relevant Pointspay Merchant. To the extent permitted by law, your Loyalty Program and Loylogic exclude all liability to you or other person of whatsoever nature in respect of any service provided, or failure to provide a service, by or on behalf of a Pointspay Merchant.
Loylogic provides no warranty whatsoever, express or implied, and assumes no responsibility to you or any third party, (i) as to the timeliness, accuracy, completeness, availability, merchantability, quality, fitness for any particular purpose and non-infringement of the information and content including any software programs available on or through the Site (collectively “Content”) or that the Content is up to date ; (ii) that the Site will meet your requirements, will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; (iv) any errors in the Content available through the Site will be corrected. The Content available on the Site may be updated at any time without notice.
As far as permissible by law, Loylogic, its affiliates, and their respective officers, directors, Ultimate Partners and agents exclude any liability, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, or incidental damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or Pointspay, or with the delay or inability to use the Site or a linked Site, even if they have been made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labour problems or any force majeure. Your Loyalty Program and Loylogic cannot and do not guarantee continuous, uninterrupted or secure access to the Site or Pointspay.
10. Legal Remedies
Loylogic reserves the right to seek all remedies available at law and in equity for any misuse of the Site or Pointspay and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing Pointspay.
11. Copy Rights and Trade Marks
The trademarks, logos, service marks and other content protected by intellectual property law (collectively,” Marks”) displayed on Pointspay are the property of your Loyalty Program, Loylogic and/ or of the Pointspay Merchant, as the case may be. you are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of the owner of the Marks. All Content is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents may apply to the features and services accessible via Pointspay, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.
12. Pointspay Terms Updates
The Pointspay Terms may be updated from time to time. Any changes will become effective upon our posting of the updated Pointspay Terms on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.
13. Governing Law
The Pointspay Terms are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in the Pointspay Terms, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
Last updated: 23rd May, 2022