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TERMS AND CONDITIONS

Effective February 18, 2019

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY ACCESSING OR USING WAYFARER POINTS’ SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE REST OF OUR AGREEMENT, INCORPORATED HERE BY REFERENCE.  IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE WAYFARER POINTS’ WEBSITE OR OTHER SERVICES.

General.

  1. Thank you for your interest in WayFarer Points, a centralized loyalty rewards, booking and discount service (as further described below, the “Services”) offered by WayFarer Points Limited, a Hong Kong company (“WPL” or “Wayfarer Points”). These terms and conditions (“Terms and Conditions”) should be read in conjunction with our End-User License Agreement, Privacy Policy and Cookie Policy (collectively, being the “Agreement”).  By using or accessing any of our Services, you agree to be bound by this Agreement.  Any of the foregoing will serve as your electronic signature.  If you do not agree to this Agreement do not access or otherwise use any of our Services.  Any defined terms used herein, but not defined herein, are as they are defined elsewhere in the Agreement.
  2. Modifications. WayFarer Points reserves the right to modify or cancel this Agreement, in whole or in part, at any time, in its sole discretion as further outlined below.  Such modifications shall be effective immediately upon WayFarer Points’ publishing such modified Agreement on its website or notifying you otherwise.  We agree that our changes cannot be retroactive or rescind any rights you otherwise may have by law.  If you object to any changes, you should close your account.  Your continued use of our Services after we publish any modification means that you are consenting to such updated terms.
  3. For Personal Use Only. WayFarer Points’ Services are intended for individual, personal use only.  Commercial use is prohibited under this Agreement and requires the prior permission of WPL and execution of a separate agreement before such commercial use is allowed.
  4. Cookies and Privacy. Please read our Cookies Policy and Privacy Policy carefully to understand how WayFarer Points collects, uses and discloses information about customers and how to update or change your personal information and how we communicate with you.
  5. Services.
  6. Description. These Agreement apply to our website, WayfarerPoints.com, Wayfarer Points mobile applications and other WayFarer Points-related offerings, sites, platforms, systems, applications, plugins, dashboards, wallets, social networking, WPL Awards (as defined below), WPL Content (as defined below), booking services, contests, social media, advertising, communications, events, offsite data collection and other related services (collectively, our “Services”).
  7. Members. Registered users of our Services are “Members.”  Each Member may have only one (1) WayFarer Points account.  Each Member may be asked to provide his or her first name, last name, date of birth, address, mobile phone number, and a valid individual email address in order to register and enroll in our Service.  Requests for name changes may require supporting legal documentation.
  8. Visitors. “Visitors” are welcomed and are the unregistered users of our website and other offerings outside of our Members-only services.  Please note that any activity by Visitors are governed by this Agreement, our Cookie Policy and our Privacy Policy.
  9. Third-Party Providers.
  10. WPL uses third-party service providers (collectively, “Third-Party Providers”) to perform certain functions when providing our Services.
  11. Our Services may include the use our platform’s and Third-Party Providers’ application programming interface (“API”) and security protocols in order to receive or transmit data with our back-end server system. Such API functionality may include the placement of cookies in your environment, web page or email parsing for loyalty program or travel itinerary information, advertisements, and WPL Awards, as well as other functions made available by WayFarer Points at its own discretion.
  1. All Third-Party Providers provide these ancillary services subject to their respective terms and conditions. By using our Services, you agree to be bound by such Third-Party Providers’ respective terms and conditions and payment and reimbursement requirements and if you do not agree to them, you must cease using our Services.
  2. The inclusion or offering of any Third-Party Provider’s products or services within our Service does not constitute any endorsement or recommendation of such Third-Party Provider’s products or services by WPL. ALL THIRD-PARTY PROVIDERS PROVIDING INFORMATION OR OFFERINGS WITHIN OUR SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF WPL.  WPL IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD-PARTY PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
  3. Below is a list of our key Third-Party Providers with links to their respective terms and conditions. This list of Third-Party Providers, the links provided here, and their respective terms and conditions are all subject to change.  While WPL will use reasonable efforts to keep this list and their links updated, WPL is not responsible or liable for any failures in doing so, and such failure does not release you from your obligation to adhere to such Third-Party Provider’s terms and conditions, as long as you continue to use our Services.
  1. WPL Loyalty Wallet. If you elect to participate in WPL’s loyalty wallet offering, you are subject to the terms and conditions of your included loyalty programs and will be required to agree to the applicable terms and conditions of such loyalty program before any points can be viewed or redeemed via our Service.  As between you, your loyalty program and WPL, your loyalty program’s terms and conditions shall govern as they apply to the use of such individual loyalty programs.  If your loyalty program prohibits or limits your (i) participation in services like ours, or (ii) ability to fully adhere to this Agreement, then you are requested to either not participate in our Services or to not include such loyalty program in your WPL wallet.  While we will supply you with a dashboard to view your WPL wallet and related accounts, you are solely responsible for remaining knowledgeable about your account information, including, any individual loyalty plans within your wallet.  Our dashboard and related Services are supplied to you “as is,” and are not warranted for accuracy or completeness.

Service Fees.

1. WPL publishes the prices for its Services, effective at any point in time and reserve the right to change its pricing policy at any time, in our sole discretion.

  1. WPL may use a Third-Party Provider for the collection and management of the payment of WPL service fees. The disclaimers being made here and the consent you are granting herein shall apply to both WPL and such payment Third-Party Providers.
  2. By signing up for a subscription, you agree that your subscription will be automatically renewed at the end of each paid subscription, unless you cancel it, and you authorize WPL or its Third-Party Provider to charge your account for the renewal term. The auto-renewal may be turned off by you in your app store account settings following the first payment of the subscription fees. Deleting our Services from your device does not necessarily result in cancellation of your subscription.
  3. In addition, you hereby acknowledge and agree that you may be charged for Internet and data usage charges made through use of our Services according to the applicable rates charged by your respective third-party internet and data usage service provider. Neither WPL or its Third-Party Providers will be liable for any internet and data usage charges which you may be charged by your respective third-party internet and data usage service providers.
  4. For a premium account (“Premium Services”) you may register for WayFarer Points premium membership and pay the fees effective at the time of registration, including any published fee increases. In case of termination of our Services by you for any reason and at any time, you will not be eligible for any refund of any paid membership fees, however WayFarer Points may, in its sole discretion, issue a partial refund to you, prorated by the amount of time that Services were actually provided relative to the full subscription period.  You must honor your payment obligations and you agree that we may store your payment information as part of our Services.  You understand that there may be additional fees and taxes that are added to our prices.  If you buy any Premium Services, you agree to pay these applicable fees and taxes and to additional terms specific to the paid Services.  Failure to pay these fees and taxes will result in the termination of your paid Services.
  5. Also, you agree that:
  6. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  7. We, or our applicable payment Third-Party Provider, may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  1. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
  1. You may get a copy of your invoice through the account settings under “Order History” found with the payment Third-Party Provider only. WPL does not keep a copy or your order history in its databases.
  2. In no event shall WayFarer Points be liable for refunding any taxes, government fees, or third-party charges or penalties in form of cash, miles or loyalty points.
  3. Billing Errors. WayFarer Points shall have the right to correct billing errors at any time.  You must notify WayFarer Points within six (6) months about any errors in billing, otherwise you release WayFarer Points from all liability and claims of loss resulting from any error that you failed to report to WayFarer Points within six (6) months after the error appears in your credit card’s records.
  1. Your WPL Account.
  2. Non-Transferrable. Your WayFarer Points offerings, discounts, awards, points (collectively, “WPL Awards”) and your account under WayFarer Points, are personal to you and may not be sold, transferred or assigned to, or pooled or shared with, family, friends or others, or used by you for any commercial purpose.  Any WPL Awards accumulated by using our Services are promotional and have no cash value.  WayFarer Points may make any changes to our Services even though such changes may affect the Member's ability to use the WPL Awards that the Member has already accumulated pursuant to our Services.
  3. Suspension/Termination of Account Privileges. Without notice to you, WPL reserves the right to suspend and/or terminate your WPL account and/or your participation in our Services if we determine in our sole discretion that you have violated this Agreement, you have more than one (1) account, or that the use of your account is otherwise unauthorized, deceptive, fraudulent or unlawful.  WayFarer Points may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative.  In the event that your participation in WayFarer Points is terminated, then all accumulated WPL Awards in your account will become immediately null and void.
  4. Inactive Accounts. Without notice to you, WayFarer Points also reserves the right to terminate any Member account that has been inactive for two (2) consecutive years.  “Inactive” is defined as no visitations to your WPL account or activity on your WPL dashboard.  In the event that your account is unregistered or rendered inactive, then all accumulated WPL Awards in your account shall become null and void.
  5. Member Obligations and Requirements.
  6. Member Service Eligibility.
  7. Minimum Age. WPL does not knowingly collect or solicit personal information from children under the age of 13, and we do not knowingly allow such persons to use our services. This program is not targeted towards, nor intended for use by, any minor under the age of 13, or older, if required by applicable law (“Minimum Age”).  If you are under the Minimum Age, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement on your behalf.  Notwithstanding the foregoing, the Minimum Age to use our booking services is 18 years of age.  In the event that we learn that we have collected personal information from a child under the Minimum Age without verified parental consent, we will delete that information as quickly as possible. Violation of the Minimum Age requirement may result in cancellation of your account and booked travel with the forfeiture of related fees and benefits, at no cost to or liability to WPL or our Third-Party Providers.  If you believe that we might have any information from or about a child the Minimum Age, please contact us at privacy@wayfarerpoints.com.
  8. Other Eligibility Requirements. To use our Services, you agree that: (x) you must be the Minimum Age or older; (y) you will only have one (1) WayFarer Points account, which must be in your legal name; and (z) you are not already restricted by WayFarer Points or any other third-party agreements (e.g., a loyalty plan) from using our Services.
  1. Protecting Your Account. You agree to:
  2. choose a strong and secure password;
  3. keep your password secure and confidential;
  1. comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
  1. Your Account as an Employee. As between you and others (including your employer), your account belongs to you.  However, if our Services were purchased by another party for you to use (g. bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
  2. Accountability. You are responsible for anything that happens through your account unless you close it or report misuse.
  1. Notices and Messages.
  2. You agree that we may provide notices and messages to you in the following ways:
  3. within the Service, and/or
  4. sent to the contact information you provided us (e.g., email, mobile number, physical address).
  5. You agree to keep your contact information up to date. If your contact information is out of date, you may miss out on important notices.  Please review your settings and email options to control and limit messages you receive from us and/or our Third-Party Providers.
  6. Sharing Member Information with Others. When you share information on our Services, other Members and our Third-Party Providers may see, copy and use that information.  Our Services allow sharing of certain information in a few ways, such as your profile name and loyalty point information.  Where we or our Third-Party Providers have made settings available to you, we will honor the choices you make about who can see content or information.  Notwithstanding, please note that we are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
  7. Social Media/Networking.
  8. Our Services enable you to engage in social game related activities, such as tracking your best scores and achievements, comparing scores, achievements, ranks and other information with other Members (in leaderboards or achievements), invite and receive invitations from others to become friends, invite friends to play and challenge them to games and more, whether through our Services or through the social networks to which you may be subscribed with integrated “liking” or invitation tools or by other means.
  9. Third-party networks and platforms are created and maintained by third parties who are not affiliated with and/or controlled by WPL. Enabling integration with or otherwise using our Services with such features is subject to the applicable such third-party’s terms and privacy policies.  If you do not agree to the practices described in such third-party terms and policies, you should not use our Services in conjunction with such networks or platforms; however, you may find that you are not able to enjoy all the features available in our Services to the same degree as if you had.  WPL is not responsible and has no liability for your use of such third-party social networks or platforms.
  10. Leaderboards, Contests and Gamification Activities.
  11. Our Services may include challenges, contests and/or other forms of gamification. Such activities shall be subject to applicable contest laws and regulations.  If you elect to participate, you may be subject to further WPL rules, requirements and applicable laws and regulations that will be disclosed prior to the opening of such challenge, contest and/or game.
  12. Leaderboards. Wayfarer Points uses leaderboards as a part of our Services.  Our leaderboards show Members total loyalty points for the loyalty points reported in their WPL Wallet.  Unreported points are not counted.  Members cannot run multiple accounts that engage heavily with each other in order to gain multiple top spots.  Failure to adhere to this Agreement could result in you being temporarily, or even permanently, excluded from participating in WPL’s leaderboards.  All leaderboard decisions that WPL makes are final.  WPL reserves the right to change how we calculate the order of the leaderboard system.  Our leaderboards are not intended as an endorsement of any kind by WPL or its Third-Party Providers.  Leaderboards are integral to our Services and your participation is at your own risk.  If you are not allowed to participate in leaderboards or similar activities given your loyalty plan requirements or local laws or regulations, you must not use our Services.  WPL’s leaderboards are offered for entertainment purposes only.  No prizes or other rewards are offered to Members for being leaderboard participants.
  13. Member Covenants, Representations and Warranties. You represent and warrant that:
  14. you are a natural person who is at least 13 years old (or if under 13 years old, then operating with consent of your parent or guardian);
  15. you have the right and power to enter into this Agreement.
  16. you provided the registration information that is true, accurate, current and complete, and will make timely updates to keep it current at all times;
  17. you must evaluate, and bear all risks associated with the use of any Services and/or Service-related content and data, including any reliance on the accuracy, completeness, or usefulness of such content.
  18. The right to use our Services is personal to you and is not transferable to any other person or entity. You are responsible for all use of your account and for ensuring that all use of your account complies fully with the provisions of this Agreement.  You shall be responsible for protecting the confidentiality of your password.  You shall not duplicate, reproduce, redistribute, sell, or exploit for any commercial purposes, any of portion of our Service or WPL Content (as defined below) to any third party.
  19. you will not use the Service in any way that would lead to a breach of an applicable law, order or regulation.
  20. you will not use the Service in any way that would lead to infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  21. you will not use the Service in any way that would lead to a breach any terms of service, terms and Conditions, or other similar agreement with any third party, including any of your loyalty programs, that you may have agreed to be bound by.
  22. In addition to the foregoing, you expressly agree that:
  23. While WayFarer Points may provide award expiration dates, it is solely your responsibility to verify expiration dates directly with the provider of loyalty points/miles and in case if any rewards are lost as a result of inaccurate expiration date reported by WayFarer Points or any other reason, WayFarer Points is not liable for such loss in any way.
  24. While WayFarer Points gathers user itineraries and notifies users of flight departure times WayFarer Points is not responsible for missed flights due to inaccurately reported dates or times of such flights. You are responsible to verify itinerary details directly with any providers, such as airlines, hotels, rental cars, etc.
  1. WayFarer Points Security Requirements. While accessing our Services, you agree that you will not:
  2. Create a false identity on WayFarer Points, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  3. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape our Services or otherwise copy profiles and other data from our Services;
  4. Override any security feature or bypass or circumvent any access controls or use limits of our Services (such as caps on keyword searches or profile views);
  5. Copy, use, disclose or distribute any information obtained from our Services, whether directly or through third parties (such as search engines), without the consent of WayFarer Points;
  6. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  7. Violate the intellectual property or other rights of WayFarer Points or its Third-Party Providers or other Members or Visitors, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the mark “WayFarer Points” or our logos in any business name, email, or URL;
  8. Post anything that contains software viruses, worms, or any other harmful code;
  9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for our Services or any related technology that is not open source;
  10. Imply or state that you are affiliated with or endorsed by WayFarer Points without our express consent (g., representing yourself as an accredited WayFarer Points trainer, partner or agent);
  11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize our Services or related data or access to the same, without WPL’s consent;
  12. Deep-link to our Services for any purpose;
  13. Use bots or other automated methods to access our Services, add or download contacts, send or redirect messages;
  14. Monitor our Services availability, performance or functionality for any competitive purpose;
  15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of our Services;
  16. Overlay or otherwise modify our Services or their appearance (such as by inserting elements into our Services or removing, covering, or obscuring an advertisement included on our Services);
  17. Interfere with the operation of, or place an unreasonable load on, our Services (g., spam, denial of service attack, viruses, gaming algorithms); and/or
  18. Violate this Agreement or any additional terms concerning a specific our Services that are provided when you sign up for or start using such Service.
  19. MEMBER LICENSE GRANT AND CONSENT.
  20. YOU CONSENT TO AND LICENSE TO WPL USE OF YOUR INFORMATION SOLELY FOR THE PURPOSES OUTLINED IN THIS AGREEMENT.
  21. IN ORDER TO ENJOY OUR SERVICES, YOU HEREBY EXPRESSLY APPROVE WPL’S RIGHT TO ACT AS YOUR AGENT AND TO LOG INTO THE THIRD-PARTY WEBSITES DESIGNATED BY YOU, USING YOUR SIGN-ON CREDENTIALS, IN ORDER TO RETRIEVE INFORMATION ASSOCIATED WITH YOUR WPL USER ACCOUNT WITH SUCH THIRD-PARTY WEBSITES. FURTHERMORE, YOU AGREE TO COMPLY WITH THE TERMS, CONDITIONS AND RULES OF THE THIRD-PARTY LOYALTY PROGRAMS WITH WHICH YOU HAVE ACCOUNTS AND WISH TO ADD TO YOUR WPL WALLET, ACCOUNT OR OTHER SERVICES.
  22. YOU AGREE THAT WAYFARER POINTS MAY PROVIDE ALL MATERIAL NOTICES, DISCLOSURES, AGREEMENTS, AND OTHER COMMUNICATIONS ELECTRONICALLY (BY E-MAIL OR BY POSTING NOTICES ON YOUR WPL ACCOUNT OR DASHBOARD), AS SATISFACTION OF ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
  23. Your General Content License to WayFarer Points
  24. As between you and WayFarer Points, you own the content and information that you submit or post to our Services, and you are only granting WayFarer Points, its affiliates and Third-Party Providers the following non-exclusive license:
  25. A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and our Services of others, without any further consent, notice and/or compensation to you or others.
  26. These rights are limited in the following ways:
  27. You can end this license for specific content by deleting such content from our Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  28. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads.  Please see our Privacy Policy.
  29. We will get your consent if we want to give others the right to publish your content outside of our Services.
  30. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  31. Because you own your content and information and we only have non-exclusive rights to it, by using our Services, you may choose to make it available to others.
  32. You promise to only provide information and content that you have the right to share under applicable privacy and intellectual property laws and that does not otherwise violate any third-party’s rights or privileges. You shall not submit any content which is harassing, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to a reasonable person.  You agree not to submit to WayFarer Points any third-party content without first obtaining the prior written consent of the owner or holder of property rights to any particular elements of your content which may be owned by others than you.
  33. You may not use our Services to publicly publish any personal information of yours or any other person. You and WayFarer Points agree that if you published content includes personal data, beyond your user name, you will be legally responsible for such disclosures.  WayFarer Points may be required by law to remove certain information or content in certain countries.
  34. You agree that WPL may access, store, process and use any information and personal data that you provide in accordance with the terms of this Agreement and your choices made via your account settings, loyalty wallet and/or dashboard.
  35. Feedback. By submitting suggestions or other feedback regarding our Services to WayFarer Points, you agree that WayFarer Points can use and share (but does not have to) such feedback for any purpose without notice or compensation to you.  Any feedback, comment or suggestion provided by you to Wayfarer Points or our Third-Party Providers regarding the Services is hereby assigned to WPL which shall remain the exclusive owner of such feedback. To the extent such feedback is not assignable under applicable law, you hereby grant WPL an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate your feedback into any WPL reporting, current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval.  You agree that all such Feedback shall be deemed to be non-confidential.  Further, you warrant that your feedback is not subject to any license terms that would purport to require WPL to comply with any additional obligations with respect to any WPL’s reporting, current or future products, technologies or services that incorporate your feedback.
  36. WPL Right to Delete Your Content. WayFarer Points shall have the right, at any time, with or without notice, in its sole discretion, to monitor your content, and reject, modify, or delete any your content.  Notwithstanding the foregoing, you acknowledge that WayFarer Points is not required to moderate content submitted by other users, and that you may be exposed to inappropriate content, which shall not cause any liability to WayFarer Points.
  37. Service Availability
  38. We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under applicable law, these changes may be effective, especially nonmaterial ones, without notice provided to you.
  39. WayFarer Points is not a storage service and you use our Services at your own risk. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
  40. Other Content, Sites and Mobile Applications
  41. Your use of others’ content and information posted on or through our Services, is at your own risk. Others may offer their own products and services through our Services, and we are not responsible for those third-party or Member activities.
  42. By using our Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. WayFarer Points generally does not review content provided by our Members or others.  You agree that WPL is not responsible for others’ (including other Members’) content or information.  We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.  You also acknowledge the risk that you may be mistakenly associated with content about others when we let connections and followers know you were mentioned in the news.
  43. You are responsible for deciding if you want to access or use third-party loyalty, advertisement or discount programs, apps or sites that link from or are a part of our Services. If you allow a third-party loyalty, advertisement or discount program, app or site to authenticate you or connect with your WayFarer Points account, that program, app or site can access information on WayFarer Points related to you and your connections.  Third-party loyalty, advertisement or discount programs, apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not.  Except to the limited extent it may be required by applicable law, WayFarer Points is not responsible for these other programs, sites and apps – use these at your own risk.  Please see our Privacy Policy for more information.
  44. WPL Content, Proprietary Rights and Grant.
  45. WPL Content. Your access to data and information, including, without limitation, text, audio, video, graphics, web links, or of other nature, which has been developed by WayFarer Points, its Third-Party Providers, or sourced from other third parties or Members (collectively, “WPL Content”) is subject to this Agreement.
  46. Our Services obtain WPL Content from multiple sources. Some of the WPL Content is owned by WayFarer Points, and some may be owned by our Third-Party Providers, other Members or other licensees of WayFarer Points.  All WPL Content is the sole property of WayFarer Points or its licensees, as the case may be, and is protected by United States and international intellectual property laws.  You may not post, display, publicly perform, distribute, sell, reproduce, create derivative works of, or otherwise exploit in any way any WPL Content without obtaining the prior written consent of WayFarer Points.
  47. Patents, copyrights, trademarks and trade secrets used in connection with our Services are the intellectual property of WPL or their respective owners. WPL trademarks, service marks, graphics, and logos used for our Services are the property of WPL.  Using our Services does not give you any ownership in our Services, intellectual property or WPL Content or the intellectual property of our Third-Party providers.
  48. Grant. Subject to the terms hereof, Wayfarer Points hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to download and use our Services on your authorized device that you own or control solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with this Agreement and applicable law.  The foregoing license grant does not convey to you an interest in or to WPL Content but only a limited revocable right of use it in accordance with this Agreement.  Nothing in this Agreement constitutes a waiver of WPL’s or our Third-Party’s intellectual property rights under any law.
  49. Automated Processing. We will use the information and data that you provide and that we have about you as a Member to make recommendations for advertising connections, content and features that may be useful to you.  Please see our Privacy Policy.
  50. Advertising. WayFarer Points and its Third-Party Providers may display advertising and provide links to external websites.  WayFarer Points may have business relationships with some of the advertisers on WayFarer Points and may receive financial or other compensation when a user chooses to engage in business dealings with such advertisers.  WayFarer Points is not responsible for examining or evaluating the websites or offerings of such advertisers., including those of our Third-Party Providers.  Your dealings with advertisers found on or through WayFarer Points’ Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.  WayFarer Points shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings, even if WayFarer Points assisted in billing for the third-party offering.
  51. Service Improvements. WayFarer Points reserves the right to access your account, information and content, monitor your activity within our Services, and use the resulting information about you to order to enhance, configure and customize our Services, or other operational and business purposes.
  52. REPRESENTATIONS, WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY.
  53. PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS WAYFARER’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF OUR SERVICE.  IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING OUR SERVICE.
  54. REPRESENTATIONS, WARRANTIES AND DISCLAIMERS. WAYFARER POINTS, OUR SUBSIDIARIES, AFFILIATES AND THIRD-PARTY VENDORS (COLLECTIVELY, THE “WPL SERVICE GROUP”):
  55. MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, PROVIDING THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ANY USE OF OUR SERVICE BEING AT YOUR SOLE DISCRETION AND SOLE AND ABSOLUTE RISK;
  56. MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE SUITABILITY OF, OR INTEROPERABILITY BETWEEN, OUR SERVICES OR ANY THIRD-PARTY PROVIDER’S INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED WITHIN WPL’S SERVICE OR ANY PORTION THEREOF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY THIRD-PARTY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES WITHIN WPL’S SERVICE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WPL OR ANY OTHER MEMBER OF THE WPL SERVICE GROUP. ALL THIRD-PARTY PROVIDER INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” TO BE USED AT YOUR SOLE DISCRETION AND SOLE AND ABSOLUTE RISK;
  1. DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SERVICES, INCLUDING WPL CONTENT, AND ANY INFORMATION AND DESCRIPTION OF ANY HOTEL, RENTAL PROPERTIES, RETAIL AND ANY OTHER PRODUCTS OR OFFERINGS DISPLAYED WITHIN OUR SERVICE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). THE WPL SERVICE GROUP SHALL NOT BE LIABLE FOR ANY ERRORS IN THE SERVICES OR FOR ANY ACTIONS TAKEN BY USER OR OTHERS IN RELIANCE THEREON;
  2. MAKE NO WARRANTY THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, FURTHERMORE STATING THAT OUR SERVICES, INCLUDING WPL CONTENT, AND ANY OTHER CONTENT PUBLISHED IN OUR SERVICE, MAY INCLUDE INACCURACIES OR ERRORS.
  3. DISCLAIMS ALL WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT OUR SERVICE, ITS SERVERS OR ANY EMAIL SENT FROM THE WPL SERVICE GROUP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICES PROVIDED BY THE WPL SERVICE GROUP.

LIMITATION OF LIABILITY.

  1. NO MEMBER OF THE WPL SERVICE GROUP SHALL BE LIABLE TO YOU OR THIRD PARTIES FOR ANY LOSS OF PROFITS, REVENUES OR OPPORTUNITIES, SERVICE OR BUSINESS INTERRUPTION, DOWNTIME OR RELATED LOSS, LOSS OF DATA, USE OF OR CHANGES TO YOUR INFORMATION OR CONTENT, DISCLOSURE OF DATA, LOSS OF REPUTATION, INCOME, PROFITS, GOODWILL, CONTRACTS OR USE OF MONEY, OR DEFAMATION, COPYRIGHT OR PATENT INFRINGEMENT, OR CLAIMS BY THIRD PARTIES, OR FOR OTHER COSTS OR CLAIMS, OR ANY FORM OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO PERFORMANCE OF THE SERVICES UNDER THIS AGREEMENT.
  2. THE LIMITATIONS ON AND EXCLUSIONS OF LIABILITY FOR DAMAGES IN THIS AGREEMENT APPLY REGARDLESS OF THE FORM OF ACTION, REGARDLESS OF WHETHER ANY REMEDY HAS FAILED ITS ESSENTIAL PURPOSE, REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, ERROR OR OMISSION), STRICT LIABILITY, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY AND EVEN IF A MEMBER OF THE WPL SERVICE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, EVEN IF SUCH DAMAGES ARE CAUSED WHOLLY OR IN PART BY THE NEGLIGENCE, ERROR, OR OMISSION OF A MEMBER OF THE WPL SERVICE GROUP, AND THEIR RESPECTIVE AGENTS, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
  3. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF ANY MEMBER OF THE WPL SERVICE GROUP EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) SIX (6) MONTH PERIOD THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, PRECEDING THE OCCURRENCE OF LIABILITY, OR (B) US $100.
  4. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF A MEMBER OF THE WPL SERVICE GROUP IMPROPERLY DENIES OR MISREPRESENTS A MEMBER’S WPL AWARDS OR SOME OTHER BENEFIT, THE MEMBER'S EXCLUSIVE REMEDY SHALL BE THE ISSUANCE OF THE IMPROPERLY DENIED OR MISREPRESENTED WPL AWARD OR SUCH OTHER ALTERNATIVE BENEFIT AS DETERMINED BY WPL IN ITS SOLE DISCRETION, AND WPL SHALL HAVE NO ADDITIONAL LIABILITY WHATSOEVER.
  5. THE ABOVE TERMS REFLECT THE ALLOCATION OF RISK BETWEEN YOU AND WPL. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  THESE TERMS INURE TO THE BENEFIT OF THE WPL.  THE FOREGOING DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
  1. Indemnification. You will indemnify, defend and hold harmless WayFarer Points, its affiliates, its Third-Party Providers and WayFarer Points’ officers, shareholders, directors, employees, agents and other members, as applicable, (collectively, the “WayFarer Points Indemnified Parties”), from and against all liabilities, obligations, causes of action, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including attorneys’ and accountants’ fees and disbursements), including, without limitation, damage to property or bodily injury, and costs arising from a claim, demand, proceeding, suit or action by a third party (“Third-Party Claims”), incurred by or asserted against any of the WayFarer Points Indemnified Parties to the extent such Third-Party Claims relate to, arise out of or result from your use of our Services and WPL Content, including but not limited to: (i) any willfully or intentionally wrongful, or negligent, act or omission of you or any of your employees, agents or subcontractors, relating to this Agreement; (ii) your failure to perform or improper performance under this Agreement, or breach of or inaccuracy in any of your representations or warranties contained in this Agreement; (iii) any actual or alleged infringement or misappropriation of any intellectual property right by you; (iv) your failure to comply with any applicable laws.  This indemnity shall survive termination of this Agreement.
  2. Term and Termination
  3. The effective date of this Agreement is the date of acceptance of this Agreement by you, by means of a clicking on acceptance button as part of the registration process with WayFarer Points, or the day of your first use of any of our Services, whichever is earliest.
  4. WayFarer Points shall have the right, in its sole discretion, at any time and without prior notice, to:
  5. restrict, suspend, or terminate your access to all or any part of our Services, including the number of your connections and your ability to contact other Members;
  6. delete you content, data, account, or any other information associated with you;

if we believe that you may be in breach of this Agreement, the End-User License Agreement, Cookie Policy and/or Privacy Policy or law or are misusing our Services or WPL Content or if WPL choses to terminate or modify a Service.

  1. When WayFarer Points terminates this Agreement, it will make a reasonable effort to notify you about such termination and the effective date thereof, using the contact information you last had on file with WPL. Lack of such notice shall not be constructed as a limitation of our ability to terminate without notice.
  2. You may terminate this Agreement at any time, by terminating your account with WayFarer Points by electronic means provided through our Services. For avoidance of doubt, not using our Services by you for any period of time does not construe termination of this Agreement.
  3. Upon termination, you lose the right to access or use our Services. The following shall survive termination:
  4. Our rights to use and disclose your feedback;
  5. Members rights to further re-share content and information you shared through the Services to the extent copied or re-shared prior to termination; and
  1. Any amounts owed by either party prior to termination remain owed after termination.
  1. Governing Law and Dispute Resolution.
  2. In the unlikely event we end up in a legal dispute, WayFarer Points and you agree to resolve it in New York courts using New York law. An exception to this will be if you live in a European Economic Area (“EEA”) country and the dispute regards issues covered by our Cookie Policy or our Privacy Policy ONLY, and you should seek counsel from your National Authority is such an situation should arise.  Please see our Cookie Policy and our Privacy Policy for more information.
  3. For all disputes covering our Services and WPL Content, this Agreement, including its the End-User License Agreement, Cookie Policy and/or Privacy Policy (but excluding our Cookie Policy and our Privacy Policy for EEA residents only), WayFarer Points and you agree that the laws of the State of New York, U.S.A., excluding its conflict of laws rules, shall exclusively govern. You and WayFarer Points both agree that all claims and disputes can be litigated only in the federal or state courts of competent jurisdiction in a borough New York City, New York, USA, and you and WayFarer Points each agree to exclusive, personal jurisdiction in those courts and waive any defense of inconvenient forum which may otherwise be available.  THE PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.
  4. If a court with authority over this Agreement finds any part of it unenforceable that the court may modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, both of us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.
  5. To the extent allowed by law, the English language version of this Agreement are binding, and other translations are for convenience only. These Agreement are the only agreement between us regarding our Services and WPL Content and supersedes all prior agreements for our Services and WPL Content.
  6. If a party does not act to enforce a breach of this Agreement, that does not mean that party has waived its right to enforce such terms. You may not assign or transfer any part of this Agreement (or your membership or use of our Services) to anyone without our prior written consent, which may be withheld in our sole discretion.  However, you agree that WayFarer Points may assign this Agreement to its affiliates or a party that buys it without your consent.  There are no third-party beneficiaries to this Agreement.
  7. Entire Understanding. These Agreement contain the entire understanding of the parties hereto relating to the subject matter hereof.  Modifications and amendments to this Agreement shall be valid and enforceable only if they are in writing and are published or communicated by WayFarer Points as described herein or are signed by authorized representatives of both parties.
  8. Not a Waiver. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.  All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party.
  9. Severability. If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance shall at any time or to any extent be determined to be invalid or unenforceable under any provision of applicable law, then such provision shall be replaced by a valid provision which comes closest to the intentions of the parties to this Agreement.  The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision of this Agreement.
  10. Assignment. WPL may assign this Agreement, in whole or in part, at any time with or without notice.  You may neither assign nor delegate its rights or obligations hereunder in whole or in part to any person.
  11. Injunctive Relief. You agree that material breach of this Agreement by you will cause irreparable harm to WayFarer Points, for which monetary damage would be difficult to ascertain or insufficient to remedy, thereby entitling WayFarer Points to immediate, injunctive relief without the requirement of posting bond or paying costs.
  12. Attorneys’ Fees. In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party will be entitled to recover its costs, including attorneys’ fees.
  13. Survival. Any provision of this Agreement that contemplates performance or observance subsequent to any termination or expiration of this Agreement will survive this Agreement for the period of such performance or observance, including, without limitation, payment obligations, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  14. Support Services/Legal Notice/Contact Information. Our Help Center is here to provide information about and support with our Services. If you want to send us legal notices or service of process, please click here to contact us or write us at #3402 Shun Tak Centre, West Tower, 168-200 Connaught Road Central, Sheung Wan, Hong Kong.
  15. Force Majeure. WayFarer Points, its affiliates and Third-Party Providers shall not be liable for damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, weather conditions, acts of God, force majeure, strikes, civil commotions, embargoes, cyberattacks, wars or other hostilities, whether actual, threatened or reported, and/or any other cause beyond the reasonable control of WayFarer Points.
  16. Non-Transferability. WPL Awards are non-transferable and may not be combined among WayFarer Points Members, their estates, successors and assigns.   No components of our Services (g., WPL Awards) have any cash value, may be redeemed for cash or can be deemed as property of a Member and are non-transferable (i) upon death, (ii) as part of a domestic relations matter, and (iii) may not be sold, bartered, or otherwise exchanged for value or otherwise, and the foregoing transfers are null and void.  Violators (including any Member who uses a purchased or bartered award) may be liable for damages and litigation costs, including the actual cost of travel and/or WPL’s attorneys' fees incurred in enforcing this rule.  Prior WPL Awards received via our Services may not be re-deposited unless a Member properly cancels his/her original account in accordance with all applicable WPL cancellation policies.
  17. WPL Awards Received. WPL Awards received via our Services are subject to applicable government regulations and are void where prohibited by law.
  18. Fraud/Abuse. Fraud, misrepresentation, abuse, improper conduct (as determined by WayFarer Points in its sole discretion), or violation of applicable rules may result in administrative and/or legal action by appropriate governmental authorities and/or WayFarer Points.  Such action may include, without limitation, the forfeiture of WPL Awards received via our Services, as well as cancellation of the Member’s account and proscription of the Member's future participation in WayFarer Points.  In addition, WayFarer Points reserves the right to take appropriate legal action to recover damages, including attorneys' fees, incurred in prosecuting any lawsuit.  Any violation of such applicable rules as described above includes, but is not limited to, Members who are disruptive or otherwise threaten or endanger the safety and security of WPL, its officers, directors, employees, Third-Party Providers or other Members.
  19. Audit. WayFarer Points reserves the right to audit, at any time and without notice to Members, any and all WayFarer Points accounts to ensure compliance with this Agreement.  If the audit reveals discrepancies or possible violations of this Agreement or WayFarer Points believes that such audit will reveal discrepancies or possible violations of this Agreement, WayFarer Points may delay or cancel the processing of any Services requests and related benefits until the audit is completed.
  20. Your Rights and Responsibilities. You are responsible for referencing your online WayFarer Points account information, corresponding loyalty programs and this Agreement in order to understand your rights, responsibilities and status under the WayFarer Points’ Services.  WayFarer Points shall attempt to advise active members of various matters of interest through its website, but WayFarer Points shall have no liability for any failure to do so.  WayFarer Points shall have no liability for correspondence, mail or e-mail, which is lost, delayed, or misdirected.  Members are responsible for maintaining a current email address and other contact information.  Lastly, WayFarer Points assumes no responsibility for the actions of Third-Party Providers, loyalty partner programs or WPL Members in connection with any program associated with our Services.
  21. Headings. All terms are subject to interpretation by WayFarer Points.  Headings used in this Agreement are for convenience purposes only and shall not be used in interpreting this Agreement.
  22. Taxes. Personal tax liability on related to Member’s use of or benefit from our Services, if any, is the sole responsibility of the Member.