POINTSPAY LICENSE AGREEMENT
Last Modified: 27.05.2015
By downloading, installing and/or using this PointsPay application ("App"), you acknowledge and agree to be bound by this PointsPay License Agreement ("License Agreement"). PointsPay’s Privacy Policy and User Agreement, including all agreements and policies incorporated herein by reference, also apply and govern your use of this App and are incorporated herein by reference. www.PointsPay.com Privacy Policy and User Agreement
Scope of License
PointsPay grants you the non-transferable license to use this App only for your personal use on a device that you own or control and as permitted by the usage rules set forth in the mobile device or browser App Store Terms of Service and the PointsPay user agreement (“User Agreement”). This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not copy, publish, sell, or otherwise commercialize this App or any information or software associated with this App. You may not rent, lease, lend, redistribute, sublicense or otherwise transfer rights to this App. You may not use this App in any manner that could impair any PointsPay site in any way or interfere with any party's use or enjoyment of any PointsPay site. You must use the App in compliance with all applicable laws. You must comply with applicable third party terms of agreement when using this App (e.g. your wireless data service agreement). Your right to use this App will terminate immediately if you violate any provision of this License Agreement and you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by PointsPay that replace and/or supplement the App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Proprietary Materials
You agree that PointsPay Ltd. owns, or is the licensee to, all right, title and interest in and to this App, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all Apps, renewals, extensions and restorations thereof. (“Proprietary Materials”) You are prohibited from using any Proprietary Materials for any purpose, and you may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Proprietary Materials, any updates, or any part thereof.

Disclaimer of Warranties
To the fullest extent permitted by law, PointsPay disclaims all express, implied and statutory warranties and conditions with respect to the App, including but not limited to the warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights, and any warranties and conditions regarding the security, reliability, timeliness, uninterrupted or error free performance of this App or that defects will be corrected. This App and the service(s) accessed by it are provided "as is" and "as available" with all faults and without warranty of any kind. You expressly agree that you download and use this App at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this App.


Limitation of Liability
To the fullest extent permitted by law, in no event shall PointsPay, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, be liable to you for any damages arising from any use, misuse, or reliance of this App, from inability to use this App, or from the interruption, suspension, or termination of this App (incl. any damages incurred by third parties), including but not limited to direct, indirect, incidental, consequential, special, exemplary and punitive damages, damages for loss of profits or data, business interruption or any other commercial damages, lost revenues, or other losses of any kind, whether such claim is based on warranty, contract, tort or otherwise (even if PointsPay® has been advised of the possibility of such damages).

Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the App is restricted to authorized persons only. Unauthorized individuals attempting to access the App may be subject to prosecution. You are responsible for maintaining the confidentiality of your personal information, including your account and password, and for restricting access to your computer to prevent unauthorized access to the App. You agree to accept responsibility for all redemption and other activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform PointsPay 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 unauthorized manner.


Indemnification
You will indemnify and hold harmless PointsPay and its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this App, any alleged breach or violation of this License Agreement, and any alleged breach violation of any applicable law or regulation, by you, or other users using your credentials. You must use your best efforts to cooperate with us in the defense of any such claim. PointsPay reserves the right, at its own expense, to assume the exclusive defense to employ separate counsel and assume the exclusive defense and control of any matter subject to indemnification by you.

User Agreement and Privacy Policy
PointsPay reserves the right to modify this App and/or License Agreement, including all agreements incorporated by reference, at any time. If you do not agree with the modified terms, however, you must immediately then cease using the App and uninstall it. Your continued use of the App constitutes your continued acceptance of any changes to the terms and conditions herein.