For the purpose of this Policy, “we” and “our” shall refer to Beyond Rewards.
1. When is information collected from you?
1.1 When you register for or use any of our services on Website/Mobile app apps owned and/or operated by us.
1.2 When you take part in any contest, survey or promotion conducted by us and/or our business partners.
1.3 When you register as a member of Website/Mobile app owned and/or operated by us, or hosted by us on behalf of our business partners or use services on such Website/ Mobile app.
2. What is the information used for?
2.1 Information which you provide to us may be used and disclosed by us and our affiliates, business partners and contractors for the following purposes:
2.1.1 to respond to your requests and queries;
2.1.2 to provide goods and services to you;
2.1.3 to verify and process your personal particulars;
2.1.4 to communicate with you;
2.1.5 to enforce contractual and legal rights and obligations;
2.1.6 for marketing research, user profile and statistical analysis;
2.1.7 to send you information, promotions, updates, and marketing and advertising materials in relation to our goods and services and those of third party organisations;
2.1.8 complying with law, the requests of law enforcement and regulatory officials, or orders of court; and
2.1.9 for any other purposes for which we have obtained your consent, including during the registration process under our Member Terms and Conditions.
2.2 In the event that you participate in contests or other promotional programs on our Website/Mobile app sponsored or organized by third parties or purchase goods and services offered by third parties or offer goods and services to third parties on our Website/Mobile app , your information may be disclosed to and used by such third parties.
3.1 Beyond Rewards uses "cookies", where a small data file is sent to your browser to store and track information about you when you enter our Website/Mobile app. The cookie is used to track information such as the number of users and their frequency of use, profiles of users and their preferred Website/Mobile app.
3.2 Like many website/mobile app operators, Beyond Rewards may use an independent company (the “Third Party Market Research Company”) to measure and analyse the Internet usage across Beyond Rewards Website/Mobile app. Beyond Rewards uses the Third Party Market Research Company’s services to collect the following core information on the usage of our Website/Mobile app, including:
3.2.1 The number of page views (or page impressions) that occur on Beyond Rewards Website/Mobile app;
3.2.2 The number of unique visitors to Beyond Rewards Website/Mobile app;
3.2.3 How long these unique visitors (on average) spend on Beyond Rewards Website/Mobile app when they do visit; and
3.2.4 Common entry and exit points into Beyond Rewards Website/Mobile app.
3.3 This information is collated by the Third-Party Market Research Company and provided to Beyond Rewards to assist in analysing the usage of Beyond Rewards Website/Mobile app. Such data is also accessible by media organizations and research companies, for the purpose of conducting industry comparisons with other Internet portals.
3.4 Pages on Beyond Rewards Website/Mobile app may be coded with software which enables the Third Party Market Research Company and Beyond Rewards to track visitors for analysis.
Member Terms and Conditions
By clicking on the “I Accept”, “Submit”, “Login” or similar button or checking the “I Accept” or similar box at the end of the Account registration process or when logging in to your Account, you hereby agree to be bound by these Member Terms and Conditions (“Member Conditions”) as well as the Website/Mobile app Terms And Conditions (“Website/Mobile app Conditions”) which are hereby incorporated by reference into these Member Conditions, including without limitation, the representations set out in Clause 1.1 of the Website/Mobile app Conditions. In the event of any conflict, inconsistency or ambiguity between these Member Conditions and the Website/Mobile app Conditions, these Member Conditions shall govern and take precedence over the Website/Mobile app Conditions:
1.1 All defined terms on the Website/Mobile app Conditions, apply to these Member Conditions unless specifically defined in these Member Conditions.
2. Account Information
2.1 You agree that your Account is for your sole, personal use (or that of the entity on whose behalf you are entering into these Member Conditions). You hereby agree not to:
2.1.1 share with or permit others to use your Account (defined in Clause 2.3); or
2.1.2 assign or otherwise transfer your Account to any other person or entity.
You acknowledge and agree that any unauthorised sharing or disclosure of your account information will cause wrongful loss to Beyond Rewards.
2.2 You shall provide Beyond Rewards with accurate, complete, and up-to-date Account information and further ensure that the information is kept updated and remains current, accurate and complete. Failure to do so shall constitute a breach of these Member Conditions, which may result in the restriction, suspension or immediate termination of your Account.
2.3 As part of the registration process for the Account, customers add Name, Mobile Number, Email and membership number issued to you by Emirates NBD.
2.3.1 select or use a User Name of another person with the intent to impersonate that person;
2.3.2 use a name subject to the rights of any other person without authorisation; or
2.3.3 use a Name that Beyond Rewards, in its sole discretion, deems inappropriate or offensive.
2.4 You shall promptly notify Beyond Rewards of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your membership number. You shall be solely responsible for safeguarding and maintaining the confidentiality of your Account Information.
2.5 You shall be bound by and responsible for, and Beyond Rewards shall be entitled to rely on, all communications transmitted through the use of your account information and all such communications shall be deemed to be communications made and issued by you.
2.6 You shall be responsible for all User Content, messages, and all online activity transmitted or conducted using your account.
2.7 Beyond Rewards shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account information.
2.8 You agree that Beyond Rewards reserves the right to change or re-assign membership number at its sole discretion by giving you notice. Beyond Rewards shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.
2.9 Unless prior written notice of no less than thirty (30) days (or such other period specified by Beyond Rewards) is given to Beyond Rewards, you agree that Beyond Rewards may automatically renew your membership or subscription account upon expiration.
3. Use of Account Information
3.1.1 to respond to your requests and queries;
3.1.2 to provide the Services to you;
3.1.3 to verify and process your personal particulars and payments;
3.1.4 to communicate with you;
3.1.5 to enforce these Member Conditions and the Website/Mobile app Conditions and our legal rights and remedies;
3.1.6 for marketing research, user profile and statistical analysis;
3.1.7 to send you information, promotions, updates, and marketing and advertising materials in relation to our goods and services and those of third party organisations;
3.1.8 complying with law, the requests of law enforcement and regulatory officials, or orders of court; and
3.1.9 for any other purpose including the disclosure of such information to third parties for commercial / business reasons, provided that Beyond Rewards shall not disclose credit card account information except for the purposes set out in Clauses 3.1.2 and 3.1.3 above.
4. Suspension and Termination of Account
4.1 You agree that Beyond Rewards has the right in its sole and absolute discretion and without notice to:
4.1.1 restrict, suspend, or terminate your access to all or any part of the Services; and/or
4.1.2 terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason. Without prejudice to the generality of the above, Beyond Rewards reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any of our Website/Mobile app Conditions or these Member Conditions or if Beyond Rewards believes that you have been using the Account for unlawful and/or undesirable activities.
4.2 You agree not to hold Beyond Rewards liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.
5. Member Obligations
5.1 You represent and warrant that you have read and agree to be bound by our Website/Mobile app Conditions and these Member Conditions.
5.2 You acknowledge that the Site and Services are used by a community of users, and you hereby agree and undertake:
5.2.1 to treat all users with respect and civility;
5.2.2 not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortious acts against other users;
5.2.3 not to spam, mail bomb, send viruses, spyware, malware, worms or other damaging material to other users, or act in any manner that adversely affects the use of the Services by other users;
5.2.4 not to harvest or otherwise collect information about users, including email addresses, without Beyond Rewards prior written consent.
5.3 You agree that when using the Services:
5.3.1 you will only submit, upload or publish User Content in strict compliance with Clause 6 below;
5.3.2 you will not offer for sale items and/or services which are illegal, banned, unlicensed, controlled, or socially or morally reprehensible items;
5.3.3 you will not offer for sale items and/or services, or submit, upload or publish User Content, in an incorrect or inappropriate category or area on the Website/Mobile app, including without limitation posting unauthorised advertisements in any forum, discussion or message boards that is open and accessible to users of the Services; and
5.3.4 you will not alter, delete, manipulate, undermine or interfere with the listings or postings of any other Member.
5.4 Any infringing, fraudulent, abusive, or otherwise illegal activity, or any breach of the Website/Mobile app Conditions or these Member Conditions, shall be grounds for termination of your use of the Website/Mobile app and Services and/or your Account, at Beyond Rewards sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.
5.5 Without prejudice to Beyond Rewards rights of restriction, suspension and termination under Clause 4 above, Beyond Rewards reserves the right to terminate your Account and/or your access to all or any part of the Site/Mobile app or Services if you are in breach of any of these Member Conditions or the Website/Mobile app Conditions or if Beyond Rewards believes that you have been using the Website/Mobile app or any of the Services for unlawful and/or undesirable activities.
5.6 You agree to indemnify and hold Beyond Rewards, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
5.6.1 any advertisements, listings, postings or User Content placed by you;
5.6.2 any products and services offered, sold, provided, or advertised by you;
5.6.3 your use of any Services;
5.6.4 your breach of warranty, or breach of any terms and conditions of these Member Conditions; or
5.6.5 your misrepresentation, fraudulent acts, tortious acts, breach of contract, or violation of any rights of another person or entity.
6. User Content
6.1 Please exercise respect when participating in any community feature on the Website/Mobile app or the Services which permits you to upload or submit User Content.
6.2 You may not submit, upload or publish through the Website/Mobile app or the Services any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, obscene, indecent, lewd, abusive, illegal, political, racist, religious, blasphemous, false, an infringement of any intellectual property rights of a third party, or would otherwise violate or encourage the violation of any law (including the Official Secrets Act (Cap.213)) or the proprietary or other rights of any third party (individually and collectively “Improper Works”). Furthermore, you may not submit or publish User Content that solicits funds, or includes programs that contain viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the Website/Mobile app, Services, Servers, or any computer.
6.3 If, at any time you contribute, submit, upload or post User Content to Beyond Rewards or the Website/Mobile app or using the Services, you automatically:
6.3.1 and irrevocably grant and assign to Beyond Rewards an equal share of all intellectual property rights, title and interests (including copyright) in the User Content, in all forms and media, and in all countries of the world, to be co-owned as tenants-in-common, with full rights to use, license, exploit and enforce the said intellectual property rights and to assign the above share of co-ownership, and without any obligation for Beyond Rewards to account to you for any proceeds thereof, and you also agree and undertake to execute at the request of Beyond Rewards, such other instruments, assurances or documents, as may be required to vest in Beyond Rewards, or required for Beyond Rewards to register in any jurisdiction, all the title or rights as referred to herein. For the avoidance of doubt, and without derogation from the above, Beyond Rewards and its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) shall have a non-exclusive, royalty-free, irrevocable, perpetual and worldwide right to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Website/Mobile app, other Website/Mobile app/Mobile apps, and other printed and online publications and newspapers;
6.3.2 represent and warrant that:
(i) all such User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
(ii) none of the User Content are proprietary or confidential;
(iii) none of the User Content are Improper Works, nor will they expose Beyond Rewards to any civil or criminal proceedings in any part of the world; and
(iv) the use by Beyond Rewards and other users for the purposes and in the manner set out in this Clause 6.3, and the hosting of such User Content on the Servers by Beyond Rewards will not require any further licences or rights from, or infringe any intellectual property or other rights of, any third party; and
6.4 Beyond Rewards at all times retains the sole discretion to remove or decline to accept any User Content from the Website/Mobile app without assigning any reason whatsoever. Without limiting the foregoing right, Beyond Rewards may monitor the Website/Mobile app for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which Beyond Rewards believes are Improper Works, or which is the subject of any dispute.
6.5 Beyond Rewards may in its sole and absolute discretion lift the restriction or suspension of your access to the Website/Mobile app, Services or Account, if Beyond Rewards is satisfied that the User Content no longer constitutes Improper Works or is the subject of any dispute. If full payment was received by Beyond Rewards for the display of such removed User Content, Beyond Rewards will restore such paid User Content (provided always that such User Content is no longer deemed as Improper Works or is the subject of any dispute) on to the Site until the remaining term for its display expires. For the avoidance of doubt, Beyond Rewards shall not be obliged to extend the term for the display of paid User Content, for the time period that such User Content was removed from the Site. In the event that Beyond Rewards fails to restore the paid User Content for whatsoever reason, you agree that Beyond Rewards shall only be liable to refund the amounts paid for the display and publication of such User Content, on a pro-rated basis for the remaining and unexpired term for its display.
6.6 You agree to indemnify and hold Beyond Rewards, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of User Content you submit, post to or transmit through the Website/Mobile app or Services.
7. Use of Services
You acknowledge and agree that:
7.1.1 Some Services are subject to further terms and conditions or the execution of a separate contract between Beyond Rewards and yourself.
7.1.2 Beyond Rewards shall be entitled at any time, at its sole discretion and without prior notice, to:
184.108.40.206 add to, vary, terminate, withdraw or suspend the whole or any part or feature of any Service; and/or
220.127.116.11 add new Services.
7.1.3 Where new Services are added, these Member Conditions and the Website/Mobile app Conditions will also apply to such new Services, in addition to any further terms and conditions notified to you.
7.2 App Services by Subscription
7.2.1 The terms and conditions governing the subscription on or via the Website/Mobile app to an App or the content or services of an App (“App Services”), can be found here, and are hereby incorporated by reference into these Member Conditions.
7.3 Online Contests & Lucky Draws
7.3.1 The terms and conditions governing Beyond Rewards online contests and lucky draws can be found here and are hereby incorporated by reference into these Member Conditions.
8.1 Beyond Rewards may offer the use of any Service, subject to payment of a fee or other charges to Beyond Rewards. If you wish to use such Service, you shall make full and prompt payment to Beyond Rewards of the applicable fees in accordance with the payment terms specified by Beyond Rewards at the point of transaction.
8.2 You acknowledge and agree that Beyond Rewards in its sole and absolute discretion, may now or in the future impose a fee or vary any fee for any Service by notifying you.
8.3 In the event that any fee for any Service is stated erroneously on the Website/Mobile app or otherwise, as determined in the sole discretion of Beyond Rewards, Beyond Rewards:
8.3.1 is not obliged to provide the Service to you at the erroneous fee; and
8.3.2 shall be entitled to rectify such error by giving you written notice of the error and of the correct fee.
If you do not agree to make payment of the correct fee after being notified, you may terminate the Service and Beyond Rewards shall refund any fees paid by you to Beyond Rewards on a pro-rated basis for the remaining and unexpired portion of the term for such Service, as your sole remedy.
8.4 In the event that Beyond Rewards terminates or withdraws the operation of any Service, Beyond Rewards may (but is not obliged to) refund any fees paid by you to Beyond Rewards, on a pro-rated basis for the remaining and unexpired portion of the term for such specific and relevant Service.
8.5 If your Account is terminated at any time by Beyond Rewards for breach of the Agreement, or if you cancel any payable Service, you shall not be entitled to any refund of any fees that have been paid to Beyond Rewards and shall be liable to pay Beyond Rewards the unpaid balance of the full amount of the agreed fees for the Service.
8.6 Your use or access of certain Services or Beyond Rewards Content may require payment of additional charges to other third-party service providers, including your telecommunications service provider or mobile service provider. You shall be solely responsible for the payment of any applicable telecommunications charges, data charges or other charges incurred in connection with your use or access of the Services or Beyond Rewards Content. You should check with your relevant third-party service provider(s) if any such additional charges are applicable, prior to using, accessing or purchasing any Service or Beyond Rewards Content.
9. Beyond Rewards’s Legal & Regulatory Compliance Obligations
9.1 You acknowledge that Beyond Rewards may be required under applicable law or upon the receipt of legitimate instructions from government authorities, to carry out acts in breach of the terms of this Agreement, and you hereby agree not to hold Beyond Rewards liable or responsible for any such breach of the Agreement.
10.1 You hereby agree that:
10.1.1 All records of Beyond Rewards relating to the Services, your use or access of the Services or the Website/Mobile app, your Account, your particulars, any Content, or this Agreement (collectively “Records”), though in electronic form, are written documents, and you shall not dispute or challenge the validity or enforceability of any Record on the grounds that it is not a written document, is in electronic form, or was produced by or is the output of a computer system, and you hereby waive any such right you may have at law; and
10.1.2 the Records, though in electronic form, are original documents, and you will not challenge the admissibility of any Record on the grounds that it is made in electronic form.
App Services by Subscription
TERMS AND CONDITIONS
2. App Services by Subscription
2.1 The following provisions shall apply where access to the App Services is available via a subscription service subscribed on or via the Website/Mobile app (“App Subscription Service”):
2.1.1 Beyond Rewards does not guarantee that the said App Services will remain available as an App Subscription Service. Beyond Rewards reserves the right to alter the App Subscription Service, the types of content or services offered on or via the App, the subscription period, and the fees for such App Subscription Service.
2.1.2 Any gifts offered for subscribing to the App Subscription Service are subject to availability of stocks. Where available, the colour and model of the gift may vary from the sample shown. If the selected gift is unavailable for any reason, Beyond Rewards reserves the right to replace it with another product of similar value at its discretion. Beyond Rewards is also entitled to withdraw any gift offered if Beyond Rewards, in its sole and absolute opinion, determines that you have (i) abused the benefit through incidences that include but are not limited to frequent changes of subscription plans or (ii) declared false or misleading information in the subscription form.
2.1.3 In order to subscribe to an App Subscription Service, you must provide us with complete and accurate payment information.
2.1.4 Beyond Rewards reserves the right to restrict, suspend or terminate your subscription to the App Subscription Service if you breach any applicable terms and conditions, with or without notice and without further obligation or liability to you.