Terms of Use - Points Party

Last Updated May 6th, 2022

Terms and conditions

This agreement applies to and between you, the User of this website and The Points Party LLC (https://thepointsparty.com). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this website and our service. We like to ensure you are comfortable when using our website but If for any reason you do not agree to be bound by these Terms and Conditions, we regret but you have to stop using the Website immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website or services (the "Service") provided by The Points Party LLC ("us", "we", or "our").

In this Agreement “you” and “your” refer to our users and prospective users of our website and services, “we”, “company”, “us” and “our” refer to The Points Party LLC (https://thepointsparty.com) and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both users and ourselves, or either a user or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to our users in the most appropriate manner, for the express purpose of meeting the User’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to you. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.

By using https://thepointsparty.com (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.

Age Restriction

This Site and its services are offered and available to users who are 18 years of age or older. By agreeing to these Terms and using our service, you represent that you are of legal age to use the website and its services. This age restriction may differ from country to country. By using this Site and our services, you represent and warrant that you are of legal age within your jurisdiction or country to form a binding contract and meet all of the foregoing eligibility requirements.

Unauthorized access

It is unlawful to try and gain unauthorised access to our site, its servers, or any computer or database connected to this site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or any website linked to it.

Our Services

Points Party Ltd provides consulting services via a discord community and its website to provide educational content to users regarding financial matters or other relevant matters as we may see fit.

We and our affiliates, through the Services, may provide a venue through which you can obtain information about certain financial products and services, and find third-party service providers and advertisers, such as financial institutions, credit card providers, discount program representatives and other financial professionals (“Service Providers”). Any opinions, advice, information, data, text and other materials or links made accessible through the Services are for information purposes only. We are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. We do not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third parties on or through our Services are the best terms or lowest rates available in the market. In short, we are not responsible for the activities or policies of these Service Providers. It is your responsibility to understand your financial situation and read through the terms and conditions of the service provider before using their service.

Payments

In consideration of the services provided by us, our affiliates or third-party service providers, you may be required to make certain payments to fulfil the services to you. Please note that all fees/payments are subject to change and the terms and conditions of our payment gateways. For third-party service providers and our affiliates, we urge you to read through their terms and conditions regarding the acceptance of payment.

You may be asked to supply certain information relevant during payment. This may include, without limitation, your name, your phone number, house address, email address, billing address, card details and any such information needed by us for you to complete payments. You may be charged an extra fee incurred charges or fees while attempting to take payment from the payment method provided by you. If you are caught leaking or reselling content from the private Discord community, we reserve the right to change your subscription to include additional fees above and beyond the standard service fee. You will be charged a minimum monthly fee of $99 and up to $500 until you cancel your membership. All fees are non-refundable. 

Some content is only available to our subscribers/members with a membership. All subscribers/members are required to pay a monthly fee to get access to restricted content. All payments shall be made as at when due otherwise, subscriptions shall immediately be suspended.

Intellectual Property

Subject to other terms in these Terms and Conditions, all Content included on this website, unless uploaded by other Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software are the property of The Points Party LLC, our affiliates or other relevant third parties. By continuing to use this website, you acknowledge that such material is protected by applicable intellectual property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from this website unless otherwise indicated on the website or unless given express written permission to do so by us.

Links to Other Websites

This website may contain links to some websites. Unless expressly stated, these websites are not under the control of The Points Party LLC or our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use. The inclusion of a link to another website on this Site does not imply any endorsement of the websites themselves or those in control of them.

Use of the Website

When using the and our service, you shall act in accordance with the following rules:

a) The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

b) You must be polite to our staff, you shall not use any swear words or make any racist, offensive, sexist, threatening words towards them;

c) You must not use our website or service for illegal activities;

d) You must not display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or website without our prior written consent;

e) Any attempts to publish or send malicious content with the intent to compromise our server or computer environment are strictly prohibited;

f) Use of any robot, spider, site search/retrieval application, or other automated devices, process or means, to access, retrieve, scrape, or index any portion of the Site or any Site Content is prohibited;

g) Use of the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses") is prohibited.

User’s Obligations and Account

While users are not required to have an account to use our services, some contents are not available to users unless they have a subscription. You are required to provide us with all the necessary information and materials in order to effectively provide our services to you.

By submitting your information to us, you agree that:

a) The information provided is accurate/true and does not infringe on any third-party rights. We will not be liable for such infringement by you. You agree to indemnify us for any third-party claims against us for any infringement caused by you or the information provided by you.

b)  The information shall be provided as at when due. You promise to hold The Points Party LLC harmless for any failure by you to provide accurate information as at when due.

In creating your account and continuing to use this website, you represent and warrant that:

a) all information you submit is accurate and truthful;

b) you have permission to submit Payment Information where permission may be required; and

c) you will keep this information accurate and up to date.

It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Points Party LLC immediately to suspend your Account and cancel any unauthorised transactions or payments that may be pending.

Termination

We may terminate your subscription or use of our website if we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, The Points Party LLC reserves the right to cancel any subscription for any reason prior to processing payment or commencing services to you.

We may terminate or cancel your subscription or use of the website if you fail to respond to any of our queries within days of receiving a request for information. Any such termination or cancellation by us shall be non-refundable.

Our responsibilities/Warranties

Your safety when using our website is paramount to us. Hence, all reasonable skills and care shall be taken to ensure your safety when using our Website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security.

We will do our best to maintain the operation of the website for the Service; however, we may need to temporarily suspend the website and our service for operational reasons (e.g., for repairs, planned maintenance or upgrades). We promise to restore the Site and its services as soon as reasonably possible after any suspension.

If we cannot do what we have promised in these Terms because of something beyond our reasonable control (network failure, Internet service provider failure, electricity failure, an act of war, an order by the government, problem with the server/host or any other unforeseen and uncontrollable event), we will not be liable for this.

We warrant that we will take all reasonable care in performing our duties to you. We, however, make no warranty or guarantee that such service(s) will always meet your requirements. In the event of any dissatisfaction or faults with our service, we shall only be liable to the extent of our refund and cancellation policy.

You acknowledge and agree that we are not a financial institution, insurance provider, credit card provider, or other service providers. You acknowledge and agree that the information provided is solely informational, and we expressly disclaim any and all liability for any content, products, or services provided by any third-party service providers.

Disclaimers

We do not make any warranty or representation that the website and/or our service will meet your requirement and will be fit for a particular purpose. That our Site will be compatible with all systems, will be secure, and all information provided will be accurate. We make no guarantee of any specific results from the use of the Service or Services mentioned on our website. The use of this website and our service and any reliance on any information provided shall be at your discretion and your own risk.

Whilst every effort has been made to ensure that all descriptions of Services available on our website correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether.

Whilst we do our best to ensure this website is secure and free of errors, viruses and other malware, all users are advised to take responsibility for their security, personal details and devices/computers.

Third-party websites with links from the Site have not been verified or reviewed by The Points Party LLC. Except otherwise stated, the use and access of such third-party websites are made at your own risk.

Some services are provided based on the information provided by users. We shall not be responsible for the information inputted incorrectly by a User. In the event that you have entered incorrect information as requested by us, our affiliate or third-party service providers, you agree to hold harmless The Points Party Ltd, its directors, shareholders, employees and affiliates from any damage or loss suffered due to such error in providing the correct information.

While we take all reasonable steps to provide our services to you, we do not guarantee that all details from the websites are correct or fit for use as may be required by you.

Modification of Service and these Terms and Conditions

The Points Party LLC reserves the right to modify this website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes. If we are required by law to make any changes to these Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.

Limitation of Liability

To the maximum extent permitted by law, The Points Party LLC accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this website, any information contained therein or the use of our service. Users should be aware that they use our service and this website at their own risk. We accept no liability for any disruption or non-availability of this website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:

· the infringement by you of any Intellectual Property Rights of any third party caused by your use of this website;

· typographical errors, inaccuracies or omissions on the Site which we have the right to correct at any time;

· any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's mobile device, computer equipment, software, data or other property caused by user’s accessing, using this website, or from transmissions via emails or attachments received from The Points Party LLC or its licensees;

· fraudulent or illegal activities by you;

· Breach of the terms of this agreement.

Service providers available through this website are responsible for their services and we are not liable for any loss, damages or claims arising from the negligence or omission of the service providers. You hereby release us (our employees, affiliates, partners, and successors) and waive all rights to a claim that has risen either directly or indirectly out of your interaction with a service provider’s website or service. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Some service providers and/or affiliates may require some information in order to verify your identity, charge you the agreed upon fees for their products and services, and fulfil their obligation to provide their products and services to you, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others. You agree to provide such information to them when and where necessary. Should you choose to perform a credit score check or reporting service through a third-party service provider, you should be familiar with their terms and your rights under the Fair Credit Reporting Act (FCRA). If you are in the US, you can contact The Federal Trade Commission regulates credit bureaus and credit repair organizations for any discrepancy in your credit. For more information contact:

The Public Reference Branch

Federal Trade Commission

Washington, D.C. 20580.

No Waiver

Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Resolving disputes

Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator as may be agreed upon by the parties.  Any such mediation and arbitration fees shall be borne by the party bringing a claim.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and The Points Party LLC shall be governed by and construed in accordance with the laws in the state of California and the parties agree to submit to the jurisdiction of the courts in the same state.

Entire agreement

These Terms, the Privacy Policy, and any other agreement contained on our website or agreed by the parties constitute the entire agreement between you and The Points Party LLC

How to contact us

If you have any questions about our company’s Terms and Conditions, or you would like to exercise one of your data protection rights, please do not hesitate to contact us on our contact details provided on our website.