Welcome to United Points Holdings Pte Ltd. We offer a range of services, centred mainly on reward and loyalty point programmes, in Singapore and Malaysia. Access to and use of these services will be governed by the following terms and conditions.

DEFINITIONS

United Points Holdings Pte Ltd shall be referred hereafter as “UP”. UP offers several branded services (Services) and these Ts&Cs apply to all UP services. These Ts&Cs will also apply to any new Service that UP may introduce from time to time.

“Member” shall refer to any individual who registers as such with UP either directly at its main website or via one of its Service websites.

“Partner” shall refer to an individual or organisation with which UP jointly conducts a project or offers a service. A Member may have to agree to a Partner’s Ts & Cs in some Services. UP shall not be responsible for issues arising from Partner which does not involve UP.

“Merchant” shall refer to an individual or organisation which offers a service or product on UP’s platform. A Member may have to agree to a Merchant’s Ts & Cs in Some UP Services. UP shall not be responsible for issues arising from Partner which does not involve UP.

REGISTRATION & MEMBERSHIP

By completing the registration process and clicking the “I agree” button at any UP Service website an individual becomes a UP Member and agrees to be bound by these Terms and Conditions. UP may amend these Terms and Conditions at any time.

Regardless of the Service website at which registration is made, a Member will be recognised as one across all UP Service websites.

UP Membership is free but UP reserves the right to charge for access to and use of any Service, feature or functionality at any time at its sole discretion.

UP Members can store value – in points and vouchers ¬– in their accounts and use them when accessing and using UP Services to transact with Merchants and Partners.

Benefits, features and functions available to a Member may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available across countries and regions.

The availability of any transactional features and functions in any Service may be conditional upon verification of the Member’s identity and/or his designated bank account by UP and/or its approved independent third parties.

UP shall issue a Member ID (ID) and Password (the latter shall be chosen by the Member during registration) to each Member to access its Services.

Each Member shall be solely responsible to maintain the confidentiality of the ID and Password and for all activities that occur under the ID and Password.

No Member shall share the ID or Password with another person or party.

Each Member shall indemnify UP against any loss or damage suffered by the Member as a result of the Member’s failure to secure his ID and Password or as a result of his sharing the ID and Password.

Each Member agrees to make good any loss or damage suffered by UP arising as a result of the Member’s failure to secure his ID and Password or as a result of his sharing the ID and Password.

Each Member undertakes to notify UP immediately of any unauthorised use of his ID or Password or any other breach of security.

Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about himself as may be required by UP and (b) maintain and promptly amend all information to keep it true, accurate, current and complete.

Each member will not impersonate any other person or entity, misrepresent himself or his affiliation with any person or entity.

Each member shall not violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising.

Each Member consents to receive information, including but not limited to offers, promotions and invitations from UP. A Member may choose to opt out of receiving content from UP by writing to UP.

Each Member shall not take any action which may undermine the integrity of UP’s feedback system, such as leaving positive feedback for a Merchant /Partner for direct or indirect benefit from the Merchant/Partner.

Each Member shall not take any action which may undermine the integrity of UP’s feedback system, such as leaving negative feedback for a Merchant /Partner for direct or indirect benefit from the Merchant/Partner’s competitor.

Each Member acknowledges and agrees that UP shall not be required to actively monitor or exercise any quality control oversight on products or service sold through the Services.

UP does not endorse, verify or otherwise certify the contents of any comment or other material or information provided by any Merchant/Partner at a Service website. Each Merchant/Partner is solely responsible for the content it publishes at a Service website.

UP has the right to suspend or terminate a person’s Membership and access to Services without any compensation, and restrict or refuse any and all current or future use of UP Services if:

• Any Member breaches the representations, warranties and covenants of the paragraphs above, or if UP has reasonable grounds to believe that the Member is in breach of such representations, warranties and covenants;
• Upon complaint or claim from any other Member or third party, UP has reasonable grounds to believe that the Member complained about has willfully or materially failed to perform his obligations as a Member;
• UP has reasonable grounds to believe that the Member has used a stolen credit card or other false or misleading information in any online transaction.

UP reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing allegedly committed by a Member.

UP reserves the right to disclose the Member’s identity and contact information, if requested legally by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. UP shall not be liable for damages or results thereof and the Member agrees not to bring any action or claim against UP for such disclosure.

In connection with any of the foregoing, UP may suspend or terminate the account of any Member as UP deems appropriate in its sole discretion.

UP SERVICES

UP reserves the right to change, upgrade, modify, limit or suspend any Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice.

UP reserves the right to introduce new features, functionalities, applications or conditions to the access and use of its Services. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by these Terms and Conditions unless otherwise stated by UP.

Each Member agrees that in no event shall UP be liable to the Member or any third parties for any delays or inability to use UP Services.

All value stored in a Member’s account as points or vouchers can be used only to redeem or purchase products. Under no circumstances can points be exchanged for cash.

Each Member accepts that each UP Service may have additional terms and conditions related to the nature of the Service and that the Member is obliged to abide by such Terms and Conditions.

Each Member accepts that a UP Merchant/Partner may have additional terms and conditions related to the nature of the Service and that the Member is obliged to abide by such Terms and Conditions.

TRANSACTIONS BETWEEN MEMBERS, MERCHANTS AND PARTNERS

UP connects its Members with its Partners and Merchants to facilitate a variety of transactions in its Services including but not limited to the issue of points and vouchers, the redemption of such points and vouchers as well as the sale and purchases of goods and services.

UP does not represent any party – Member, Partner or Merchant – whether or not such transactions are made at an UP Service website.

UP does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale or redemption at its Service websites.

UP is not liable or responsible for the ability of any party – Member, Partner or Merchant – to complete any transaction.

Each member accepts that UP has limited control over the reliability of its Merchant/Partners and the quality of their goods and services.

Each Member accepts that he is fully assuming the risks of purchases when using a UP Service to conduct transactions. Such risks (“Transaction Risks”) shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents on the part of the Merchant/Partner.

Each Member agrees that UP shall not be liable or responsible for any damages, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risk.

Members are solely responsible for all the terms and conditions of the transactions conducted on, through or as a result of use of a UP Service website including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

In the event that a Member has a dispute with a Merchant/Partner in relation to a transaction, he agrees to release and indemnify UP (and its agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with the transaction.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND UP HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH ITS SERVICE WEBSITES

Downloading or obtaining material in any other way through the use of any UP Service is done at each Member’s sole discretion and risk and each Member is solely responsible for any damage to his computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by any Member from UP or through or from any Service website shall create any warranty not expressly stated in this Agreement.

UP Services may make available to the Member services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall UP and its affiliates be held liable for any such services or products.

Under no circumstances shall UP be held liable for any delay or failure or disruption of any Service resulting directly or indirectly from acts of nature, forces or causes beyond UP’s reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

UP shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

• the use or the inability to use the Service;
• any defect in goods, samples, data, information or services purchased or obtained from a Merchant/Partner or a third-party service provider through a Service website.
• unauthorized access by third parties to data or private information of any Member;
• statements or conduct of any user of any Service website; or
• any other matter relating to any Service however arising, including negligence.

Notwithstanding any of the foregoing provisions, the aggregate liability of UP, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Member for all claims arising from the use of Services shall be limited to SGD $15. This provision shall not preclude the requirement by the Member to prove actual damage. All claims arising from the use of a Service must be filed within either one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Agreement.

LIMITATION OF LIABILITY

UP is the sole owner or lawful licensee of all the rights to its Services. The Services embody trade secrets and intellectual property rights protected under international Patent and other laws.

All titles, ownership and intellectual property rights over the Services shall remain with UP or its affiliates. All rights not otherwise claimed under this Agreement or by UP are hereby reserved.

“UP” and related icons and logos are registered trademarks or trademarks or service marks of United-Points Singapore Pte Ltd. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

GENERAL

This Agreement and the Terms of Use constitute the entire agreement between the Member and UP with respect to the use of Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

UP’s failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive UP’s right to act with respect with subsequent or similar breaches.

UP shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of UP).

The Member may not assign, in whole or part, this Agreement to any person or entity.

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE REPUBLIC OF SINGAPORE (“SINGAPORE”)

If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.