Website
Pointrs Pty Limited (ABN 40 670 273 784) (Pointrs, we, our, us) maintains this website (www.pointrs.com) (Website), to keep you informed and provide useful travel pointers and tricks to maximise your loyalty program benefits (Services).
This document sets out the terms and conditions that govern the use of this Website (Terms). By accessing this Website and using our Services, you accept and agree to these Terms. You must not use this Website or our Services if you do not agree with these Terms.
We may change these Terms in the manner set out in these Terms by:
(1) posting the revised Terms on our Website; or
(2) making the new Terms available for review at the time that you log into your Account;
no less than 30 days prior to such changes taking effect. Please check back on the Website and in your Account from time to time. Your continued use of the Website and Services after such update will constitute your acceptance of the changes. If you consider that any changes are detrimental to you, you may terminate your Account and Subscription in accordance with condition 5.
Please read these Terms carefully, together with our Privacy Policy and any other policy found on the website from time to time (which are incorporated into these Terms by reference) as they impose obligations, warranties and other responsibilities on you in respect of your use of, and access to our Services.
Your Account
Your Account is the online account we set up for you to manage your use of our Services. We will create your Account when you complete the online process on our Website. We retain discretion as to whether to register your Account for the provision of the Services.
Once we create your Account, you will be able to:
(1) manage your Subscription Plan;
(2) cancel your Subscription;
(3) manage your payments for the Subscription Fees;
(4) update and amend your Account details including any personal information;
(5) tell us which loyalty programs you are a member of (and which tier); and
(6) tell us which credit cards you hold.
Your Account will be protected by a unique account name and password (Account Access Information). Please keep your Account Access Information secure at all times. You are responsible for the security of your Account Access Information, and any access to your Account which uses your Account Access Information will be deemed to have been made by you.
You are responsible for keeping your Account information, including your contact details and payment information, accurate and up-to-date. If the information you provide is inaccurate or no longer current, then we may not be able to provide you with our Services.
Our Services
When you subscribe to our Services and pay the Subscription fees (Subscription Fees), you will have access to tailored alerts and information about the loyalty programs and credit cards that are relevant to you, as well as access to loyalty program insights to help you maximise earning of loyalty program points and miles and minimise spending of loyalty program points and miles, along with general travel information to help you travel better. We refer to all content and materials contained on the website as Website Content.
offers different subscription plan options for our Services (Subscription Plans), available at: https://pointrs.com/en-au/dashboard/subscription/(Plan Information). The Services and benefits and Subscription Fees for each different Subscription Plan are set out in detail in the Plan Information. The Plan Information is incorporated into these Terms.
We may change the Services available in each Subscription Plan from time to time, in order to make improvements or necessary adjustments for technical reasons, usability, for compliance with law or when we introduce new features and benefits. Where the revisions or changes are minor or beneficial to you, we will implement such changes or revisions immediately. Where the changes to the Services or Subscription Plans are more substantial, we will endeavour to give you reasonable notice prior to the commencement of any such changes.
If you no longer wish to access the Services following any changes to your Subscription Plan or our Services in accordance with condition 3.3, you may cancel your Subscription in accordance with condition 5.
Subscription Period and Subscription Fees
Once you have selected and paid for a Subscription Plan, your Subscription will commence from the date of payment and continue for the duration of your selected Subscription Plan (Subscription Period). We will automatically renew your Subscription immediately after the expiry of your current Subscription Period on the then current Terms, unless you decide to change or cancel your Subscription in accordance with condition 5.
Your Subscription Fee will give you access to your Subscription Plan for the duration of your Subscription Period. For example, if you have paid for a monthly Subscription, your Subscription Period will be 1 month from the date that your Subscription Plan commences.
You may choose to change your Subscription Plan at any time during your Subscription Period. The changes to your Subscription Plan will take effect at the end of your current Subscription Period.
From time to time we may vary our Subscription Fees available in each Subscription Plan. We will not change your Subscription Fee while your Subscription Period continues, however at the expiry of the Subscription Period, the then current Subscription Fees will apply to your Subscription Plan, unless you elect not to renew your Subscription Plan.
Cancelling your Subscription
You may choose to cancel your Subscription and/or Account at any time.
If you cancel your Subscription, you will be able to continue to access the Services until the end of your Subscription Period. If you cancel your Subscription before the end of your Subscription Period, you will not receive a refund of any Subscription Fees already paid (subject to any applicable laws). You will continue to have access to your Account after your Subscription Period expires, but you will need to renew your Subscription to regain access to the Services.
If you choose to cancel your Account before the expiry of your Subscription Period, you will cease to have any access to the Services and you will not receive refund of any Subscription Fees already paid (subject to any applicable laws).
We may cancel or suspend your Account, Subscription and/or access to our Services if you have breached these Terms (including any obligation to make payment or to keep Pointrs’ information confidential). Your access to your Account, and use of, the Services will be immediately terminated and any unused Subscription Fees may not be refunded to you.
We may elect at any time prior to expiry of a Subscription Period, not to renew your Subscription Plan.
Conditions of these Terms that are expressed or intended to survive termination will survive termination or expiry of these Terms
Payment for Subscription Fees
You must pay us the Subscription Fees in connection with your nominated Subscription Plan and in accordance with these Terms.
Payments will be processed using a payment gateway. You must consent to the terms and conditions of the payment gateway prior to the payment being processed. You authorise us to deduct payment of all Subscription Fees owing to us under these Terms from your account and will complete all forms or documents necessary to permit these deductions.
If payment is not able to be processed at the commencement of the Subscription Period, we will suspend access to the Services and you will not have access to the Services until the Subscription Fees are received in full.
GST
Capitalised expressions in this condition 7 have the same meaning as those expressions in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Any amount that may be payable under these Terms is inclusive of any GST. If a party makes a Taxable Supply in connection with these Terms for a Consideration which represents its Value, then the Recipient of the Taxable Supply must also pay, at the same time and in the same manner as the Value is otherwise payable, the amount of any GST payable in respect of the Taxable Supply. The Recipient’s obligation to pay GST is subject to a valid Tax Invoice being delivered.
Disclaimer
The Website Content provided as part of providing our Services is factual information provided for general interest and enquiry only and should not be construed as the giving of advice or the making of a recommendation and in particular, should not be relied on as legal, financial or tax advice. While we use reasonable efforts to ensure that the information we provide as part of our Services is accurate and up to date at the time of publication, to the maximum extent permitted by law, the information and content is provided on an “as is” basis. Our Services are not intended to constitute advice about the features of any financial product, and Pointrs does not take into account your objectives, financial situation or needs in preparing our Services and sharing information with you as part of your Subscription.
Your use of our Services is at your own risk. We do not warrant that access to this Website or our Services will be uninterrupted, or that the Services we provide will be error-free.
To the extent permitted by law, we make no warranty or representation as to the accuracy, currency or completeness of any information provided as part of our Services. You agree to independently verify the accuracy of the information and its relevance to you and acknowledge that, to the extent permitted by law, Pointrs will not be liable for your use or reliance on any information we provide as part of our Services.
The Website Content and information provided as part of our Services may change without notice. Pointrs may change or discontinue any of the content, functionality or other materials displayed on the Website from time to time, or take down the Website (or any part of the Website Content), without notice. We may need to be able to make these changes or suspend access for a number of reasons, including as a result of third parties making changes to a loyalty program, because of technical reasons or for compliance with law. We will endeavour to give you as much notice as possible of such changes or discontinuance.
Website content and materials
The Website Content and the Services are subject to copyright and other intellectual property rights. Aspects of these rights are owned by us or licensed to us, while other information and materials have come from third party sources, including advertisements, social media content and links to other websites (Third Party Material). As referenced above, we refer to all content and materials contained on the website as Website Content.
You agree to use the Website Content solely for your own personal and non-commercial use in obtaining travel benefits through the conversion of frequent flyer and/or credit card points.
You must not in any form or by any means do any of the following, nor authorise or induce another person to do any of the following:
(1) copy, adapt, reproduce, broadcast, store, transmit, re-transmit, distribute, print, publish, screenshot, communicate online, create derivative works from, disclose, sub-license, sell or otherwise make available any (or any part) of the Website Content or material or information provided as part of your Subscription;
(2) alter, decompile, disassemble, reverse engineer or modify any (or any part) of the Website Content or material or information provided as part of your Subscription;
(3) use, exploit or apply for commercial purposes any (or any part) of the Website Content or material or information provided as part of your Subscription, without our prior written consent; or
(4) do anything with any (or any part) of the Website Content or material or information provided as part of your Subscription which is intended to, or reasonably likely to result in the creation of a competitor product or service, or create an offering which is the same as or analogous to the Website or Subscription.
Nothing contained on the Website or included in the Services is intended to:
(1) grant any express or implied right to you to use or exploit any copyrights, trade marks, brands and names or other third party intellectual property rights; or
(2) to indicate an endorsement, affiliation, partnership or similar with the owner of any third parties which own those intellectual property rights.
Confidentiality
You acknowledge and agree that the Website and Services are based on Pointrs’ own insights, research and experience, and that you must keep the material we provide you on our Website and as part of our Services confidential, including (without limitation) each Pointr we share with you, except where disclosure is necessary to comply with any court order, law or the directions of any regulatory authority.
Use of your Account and Subscription
Once you subscribe to a Subscription Plan, the information and content we provide are intended for your personal use only. You must not, and must not attempt to or permit another person to:
(1) access your Account or any of the Services we provide to you;
(2) use the Website or Services, or the information disclosed to you in any way which is in breach of these Terms, unlawful, offensive or results, or could result, in damage to property or injury to any person;
(3) knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the Website or the Services;
(4) modify, copy or create derivative works based on the Website or Services or reverse engineer the Website or Services (except to the extent permitted by non-excludable laws); or
(5) attempt to gain unauthorised access to, or disrupt or bypass the security, integrity or performance of, the Website, Services or any data contained in it.
You acknowledge and agree that your access to the Website and our Services may be impacted from time to time as we undertake routine and unscheduled maintenance and support, or otherwise update and maintain the Website and our Services.
Subcontracting
Pointrs may subcontract all or any part of its obligations under these Terms without prior notice to you. Pointrs will remain responsible for the delivery of the Services to you and compliance with these Terms, even in the case that it has subcontracted some or all of its obligations under these Terms.
Privacy
We may collect your personal information through this Website and our Services. We collect, use, hold and disclose your personal information so that we can perform our business activities and to administer this Website and provide our Services. We respect your right to privacy, and subject to any agreement that you have with us, you may elect not to provide your personal information to us.
We may disclose your personal information to: (i) our employees, related bodies corporate, contractors or service providers for the purposes of operation of our Website or our business, fulfilling requests or answering queries by you; (ii) suppliers and other third parties that supply services to us, for our business, marketing, and related purposes; and (iii) regulators and law enforcement agencies.
Our privacy policy, available at https://pointrs.com/en-au/privacy-policy/, contains information about how you may access and correct the personal information that we hold about you and how to lodge a complaint relating to our treatment of your personal information, and how we will deal with such complaint.
You consent to your personal information being collected, used and disclosed in accordance with these Terms and our privacy policy.
Warranties and liability
We warrant that the Services will be delivered with reasonable skill and care and in a professional manner.
Despite any other provision of these Terms and to the maximum extent permitted by applicable law, neither party is liable to the other under contract, tort or otherwise in any circumstances for any indirect, economic, special or consequential loss or damage, or in any event for any loss of revenue, loss of production, loss of use, loss of profit, loss of anticipated savings or loss of data. The limitation in this condition 14.2 does not apply to any obligation on you to pay any Subscription Fees set out in these Terms.
To the extent permitted by law, our liability to you for a breach of any implied condition, warranty or guarantee in these Terms, the exclusion of which would contravene the Australian Consumer Law or any other law or cause any part of these Terms to be void (Non-excludable Condition) (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying or paying the cost of supplying again, the Services in respect of which the breach occurred.
Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the Australian Consumer Law or Pointrs’ liability under the Australian Consumer Law:
(1) we make no representations or warranties of any kind, express or implied as to the operation of the Website or Services or the information, content or materials available on the Website or through the Services, other than as expressly set out in these Terms;
(2) the Website, the Services and information disclosed to you in any way are provided “as is” and we do not make any representations as to the suitability of the Website, Services or such information; and
(3) we are not liable for any loss, damage or claim that arises as a result of or in connection with:
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- any unauthorised use of the Website, Services or the information disclosed to you in any way;
- and any breach of the Terms by you.
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Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value - You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
- to cancel your service contract with us; and
User generated content
The Website and the Services may include options allowing you to share your experiences, information and content. You understand that the information and content that you decide to post will be public and may be viewed by other people. You must not post any confidential, personal or private information, or any information which belongs to a third party, unless you are authorised and have all necessary permissions to do so. In any case, you must not post any defamatory, derogatory or disparaging comments or remarks about any person.
You are solely responsible for any content that you post on the Website or share with us as part of our Services and for the consequences of doing so, including if you post or share material or information which belongs to a third party. You indemnify Pointrs against all losses, liabilities and claims that Pointrs may suffer as a result of any materials that you post on the Website or share as part of the Services including in respect of any third party claim for intellectual property infringement arising from Pointrs’ use of any such material or information.
To the maximum extent permitted by law, Pointrs is not responsible or liable for any user generated content posted to the Website or shared as part of the Services, and you release Pointrs from any claims that you may have in connection with any user content. If you identify any content that you consider objectionable, please contact us.
By posting any content on the Website or sharing it with us as part of our Services, you grant Pointrs a non-exclusive, worldwide, perpetual, irrevocable, sub-licensable, transferable and royalty free right to use and exercise all rights in the content, information and material for any purpose, including to create new content for the Website or Services based on the content, information or material or improve our Services to You and other subscribers. You agree that we will not have any obligation to attribute our use of such content to you, name you as the original author of such content, or compensate you in any way for the use of such content
Pointrs may, but is not obliged to, review, filter, modify or remove any content posted on the Website, at its sole discretion.
Third party websites and third party programs
We do not have control over, and are not responsible for, any Third Party Material. Unless expressly stated otherwise, we do not sponsor or endorse the Third Party Materials.
We use our best endeavours to ensure that our Website Content and Services are correct at the time of publication. However, the loyalty programs and frequent flyer programs that are the subject of the Website Content and Services are subject to change from time to time, as set out in the terms and conditions of those programs. Pointrs recommends that you confirm the availability and validity of the Website Content and Services before using any information to book travel or use loyalty points.
Pointrs is an independent entity. We are not associated with any loyalty program. We are not authorised or paid by any loyalty or frequent flyer program.
Our Website Content and Services are based on our own research and understanding of the operation of loyalty programs, not on information provided by any loyalty program or frequent flyer program. All Website Content and Services should be reviewed and verified before you rely on them in case any information has changed since publication.
General
We may transfer, assign or otherwise deal with these Terms without your prior consent or approval. If you consider that you have been detrimentally impacted by any such assignment or transfer, you may terminate these Terms in accordance with condition 5.
If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms of Use and will not otherwise affect the validity and enforceability of any remaining provisions.
The law of the State of New South Wales governs these Terms. The parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales and of the Commonwealth of Australia.
If you have questions or concerns regarding these Terms, you may email us at [email protected].