Terms and Conditions
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IDUGUUD INC. (“POINTWORTHY,” “WE” OR “US” OR “OUR”).
THIS WEBSITE, LOCATED AT WWW.POINTWORTHY.COM (THE "WEBSITE"), IS OWNED AND OPERATED BY POINTWORTHY. THIS WEBSITE PROVIDES USERS WITH ACCESS TO INFORMATION – INCLUDING INFORMATION RELATED TO CHARITIES - WORKS OF AUTHORSHIP, AND OTHER CONTENT (THE “CONTENT”), AS WELL AS TO A VARIETY OF SERVICES, INCLUDING THE ABILITY TO CONVERT LOYALTY/REWARD POINTS (“LOYALTY POINTS”) INTO CASH DONATIONS (THE "SERVICES").
PLEASE NOTE: YOUR ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THESE TERMS OF USE (THE “TERMS OF USE”), AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AND OUR PRIVACY POLICY LOCATED AT www.pointworthy.com/site/privacypolicy.xhtml, WHICH IS INCORPORATED HEREIN BY REFERENCE, ALONG WITH ANY OTHER TERMS AND CONDITIONS SET FORTH BY POINTWORTHY.
Loyalty Points Retrieval, Processing and Disbursements; Acknowledgements; Rules for Disbursements
PointWorthy provides a technology platform that allows Loyalty Point holders of participating Loyalty Point providers to convert their Loyalty Points into cash that can then be converted into charitable donations. In order to use the platform located on the Website, you must first register, setup an account and provide certain personal information. PointWorthy reserves the right to refuse any request to setup an account for any reason or no reason.
You understand, acknowledge and agree that in order for PointWorthy to convert your Loyalty Points into cash on your behalf, you will need to link your loyalty rewards account to a PointWorthy account; this action enables us to withdraw, process and disburse your Loyalty Points.
By linking your account you hereby authorize us to make such requests on your behalf in order to execute and complete transactions.
You understand and acknowledge that PointWorthy is a processor of payments, processing your points into cash, and disbursing such cash as a donation. You further understand and acknowledge that your donation designated via the Website may be transferred to a Donor Advised Fund (DAF) operated by a third party. A DAF is a 501(c)(3) charitable organization and in such instances will be the initial recipient of your donation; the DAF will subsequently process your donations and disburse the funds to charities based on your recommendations.
Please also note that in such instances your Loyalty Points statement will list the name of the DAF as the recipient “merchant” of your donation, rather than your designated charity.
Fees
PointWorthy will charge a Processing Fee of 10% (“Processing Fee”) from your donation to cover the costs of processing and disbursement. In cases in which PointWorthy works with a DAF, we will share part of the Processing Fee with such DAF. In some instances our partner Loyalty Rewards Plans may decide to cover the processing fees. In these cases, no amount will be deducted from the donation and the entire amount of the donation is distributed to the DAF by the fifth day of every month and the DAF is instructed to forward the entire amount of the donation to the recommended charity of record on a monthly basis by the 10th day of the month.
In other cases where a donation is made through one of our partner Loyalty Rewards Plans which does not cover the processing fees, you understand and acknowledge that the 10% fee will be deducted from the donation to cover the costs of Processing and Disbursement; the remaining 90% of your donation is distributed to the DAF by the fifth day of each month and, subject to these Terms of Use, said DAF is instructed to forward the remaining 90% of your donation to the recommended charity of record on a monthly basis by the 10th day of the month.
Recurring Donation
If my donation is recurring, my first donation will be charged immediately, and the next donation will occur in the month I have chosen. Recurring donations are charged on the first of every month and can be cancelled at any time before the first of the month. If a transaction is declined, the donation will be automatically cancelled.
eGift Cards
PointWorthy provides the option to use your points to purchase an eGift Card (the “eGift Card”). eGift Cards can be redeemed through PointWorthy's website, www.PointWorthy.com or our partner’s websites enabled for this purpose, for charitable donations to any of the organizations listed on the website.
You acknowledge and agree that eGift Cards are not credit cards, charge cards, debit cards or travelers checks.
You hereby agree to the following terms regarding the purchase and redemption of charity eGift Cards:
- eGift Cards cannot be used to purchase eGift Cards.
- eGift Cards are not redeemable for cash and cannot be returned for a cash refund. Any unused balance will be placed in the recipient's eGift Card account and is not transferable.
- If a transaction exceeds the amount of my eGift Card, I must pay for the balance with a credit card.
- PointWorthy is not responsible for lost or stolen eGift Cards. You agree to safeguard your eGift Card and treat it like cash. PointWorthy is not responsible for lost or stolen eGift Cards.
General Disclaimer
Content and other information contained on this Website has been prepared by PointWorthy as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. PointWorthy has used reasonable efforts in collecting, preparing and providing such Content, information and materials (which includes any links to other resources), but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content, material or other information contained in or linked to this Website or any other Website maintained by PointWorthy.
Your use of the Website is at your sole risk. All Content, information, materials, services anything else on or linked from the Website are provided on an "AS IS" or "AS AVAILABLE" basis, and PointWorthy expressly disclaims all warranties and conditions with respect to the Website, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, satisfactory quality, quiet enjoyment and accuracy.
Limitation of Liability
PointWorthy will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of Loyalty/Reward points, data or other intangible losses, even if PointWorthy has been advised of the possibilities of those damages, resulting from your use or inability to use the Website, services or Content, breach of PointWorthy’s security or any of our contractors, affiliates or agents’ security that results in the release or access to your personal information, or statements or conduct of any third party, or any other matter related to the Website, services or Content.
Indemnification
You agree to defend, indemnify, and hold harmless PointWorthy, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, the use of any linked websites, your reliance on any errors or omissions on the Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in PointWorthy's sole discretion.
Eligible Users; Children
The Website and the Services are intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website or the Services by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. If you are under 13, you are forbidden to use the Website and Services. If you are 13 or older but under the age of 18, you should review these Terms of Use with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website and the Services with their permission and under their supervision. By using the Website or the Services, you represent and warrant that you are 13 or older and that you agree to and to abide by these Terms of Use.