Terms and Conditions

TERMS AND CONDITION: UPDATED SEPTEMBER 1, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AND MOBILE APPS (collectively, “our Sites”). By using our Sites, you are agreeing to these Terms of Use. If you do not agree, do not use our Sites. These Terms of Use and MADOO’s Privacy Policy (collectively, the “Terms”) govern your relationship to MADOO with respect to your use of our Sites.

We reserve the right, at any time, to modify, alter, or update these terms and conditions of use. We will notify you of such changes by email at the address you registered with or by prominent notice on our Sites. Your continued usage of our Sites following such notification shall constitute your acceptance of the changes. If you do not agree to any such changes you must immediately cease using our Sites.

A. Use of MADOO Generally

  1. As a condition of your use of our Sites, you warrant that (i) you are at least the age at which you are capable of being legally bound by these Terms of Use by Applicable Law in the Territory; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Site in accordance with this Agreement; (iv) you will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; and (vi) all information supplied by you on this Site is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement;
  2. You may only register one account on MADOO;
  3. You may join MADOO directly or through Facebook Connect. When you join MADOO directly as a new user, you will be required to provide a password for your account. Your mobile number will be used as your login identification. When you join through Facebook Connect, your Facebook login credentials will be used to open and access your account with MADOO;
  4. You are responsible for keeping your account information (including your login details and transaction details) confidential and secure;
  5. You must promptly notify MADOO if you suspect any unauthorized access to your or use your account;
  6. We reserve the right to terminate and delete any accounts at our sole and absolute discretion at any time and without notice;
  7. You may use MADOO for personal purposes only and not for any business, commercial or other use;
  8. We are entitled to act on all instructions received by anyone using your account and are not responsible for any transaction made without your authorization;
  9. You agree that we may transfer your personal data, or the personal data of others on whose behalf you are transacting, for the purposes of facilitating a transaction and providing sales support for a transaction;
  10. You consent to receive transactional, commercial and marketing communications both related to MADOO specifically, and to our other products and services generally (including products or services related to MADOO), from us electronically, except in those jurisdictions where your express consent is required to receive commercial or marketing communications electronically. Commercial and marketing communications may include notifications about relevant special offers or opportunities available from our partners. In such event, we will send you commercial or marketing communications electronically only if you have provided your express consent by proactively opting-in to receive such communications from MADOO regarding its products and services;
  11. We will communicate with you by e-mail, by posting notices or by push notifications on MADOO. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing;
  12. To the extent you transact on this Site through call center agents, you agree that this Agreement shall apply to all such transactions;
  13. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Site; and
  14. These Terms are drawn up in the English language. Any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of these Terms.

B. Prohibited Activities

The content and information on this Site, as well as the infrastructure used to provide such content and information, is proprietary to us, our suppliers and/or our loyalty program partners. You are licensed to use our Site solely for the purpose set out above. You are not permitted to copy our Site. While you may make limited copies of transaction related documents for products or services purchased or exchanged through this Site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:

  1. make any speculative, false, or fraudulent claims about your membership to any loyalty rewards program or make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  2. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  3. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. deep-link to any portion of this Site (including, without limitation, the purchase path for any transaction) for any purpose without our express written permission;
  6. “frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization;
  7. send material containing software viruses, worms, Trojan horses or other computer code, files, scripts, agents or programs; and
  8. damage MADOO’s reputation in any way.

C. Tracking Your Balances

MADOO allows you to track the balances in the loyalty programs you belong to. In order for us to track your balances and display them to you, we need to know specific information regarding your loyalty reward program accounts (such as your reward program account number, user identification, personal identification number, password and/or access code). This information enables us to update your account balances on an ongoing basis. By providing this information to us, you authorize us to use and disclose such information to third parties on your behalf in order to display your balances and to execute and complete transactions on MADOO.

D. Transactions

1. MADOO allows you to exchange your loyalty program currency from one program to another.

2. The following terms and conditions apply to all transactions you conduct through MADOO:

  1. ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE. ONCE A TRANSACTION HAS BEEN SUBMITTED IT MAY NOT BE CANCELLED OR REVERSED;
  2. WE RESERVE THE RIGHT TO REVIEW, CANCEL AND REVERSE ANY TRANSACTION IN THE EVENT OF FRAUD, A CHARGE-BACK OF ANY TRANSACTION FEE PAID BY CREDIT CARD, OR AN ERROR OR MISTAKE MADE BY US, INCLUDING ERRORS IN ANY LOYALTY POINT CONVERSION, REDEMPTION OR SWAP RATE. YOU HEREBY CONSENT TO THE REMOVAL OF LOYALTY POINTS FROM YOUR LOYALTY PROGRAM ACCOUNTS AS REQUIRED BY US TO REVERSE A CANCELLED TRANSACTION;
  3. you agree to comply with the terms, conditions, and rules of the loyalty programs involved in your transaction.

3. Additional terms and conditions apply to certain transactions as follows:

Exchanging Loyalty Program Currency. In order to complete an exchange of your loyalty program currency from one program (“program A”) to another program (“program B”), you must be a member of both programs. We will first redeem your currency from program A on your behalf and then use the proceeds from that transaction, net of our commission and any applicable taxes, to purchase the maximum amount of currency in program B possible. The rate you receive from program A for redeeming your currency and the rate charged by program B to acquire currency are determined by the applicable loyalty programs and not by us.

E. Misprints and Errors

We endeavor to provide current and accurate information on MADOO regarding the offers and transactions available to you. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.

F. Proprietary Rights

Any data, text, graphics, images, audio and video clips, logos, icons, software, and links (collectively, the “Materials”), and any intellectual property and other rights relating thereto, are and will remain the property of MADOO, our suppliers and/or our loyalty program partners. The Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by Indonesia and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement.

You may make limited copies of documents related to transactions conducted via our Sites (e.g., your conversion record, e-receipt or related documents) for personal, non-commercial use. You may not copy, reproduce, republish, upload, post, transmit, or distribute the Materials or other content or information available on or through our Sites in any way without our prior written permission. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions.

The trademarks, logos, and service marks displayed on our Sites (collectively, the “Trademarks”) are the registered and unregistered trademarks of MADOO, our suppliers and/or loyalty program partners, or their respective licensors and suppliers. The Trademarks, whether registered or unregistered, may not be used in any manner that is likely to cause confusion with customers, or in any manner that disparages MADOO, our suppliers and/or loyalty program partners, or their respective licensors and suppliers. Nothing contained on our Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark

G. Linked Sites

We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of MADOO and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by MADOO of our Sites or any information contained therein. When leaving our Sites, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Please also be sure to read the posted Privacy Policy.

H. Termination

This Agreement shall remain effective until we or you terminate it. We may terminate this Agreement, your account and/or your ability to use our Sites or any portion thereof immediately, without notice to you, at any time and for any reason, with or without cause, including if, in our sole discretion, you fail to comply with any of these terms and conditions of use or engage in any fraudulent, criminal or other unauthorized activity. We may also close and terminate your account due to inactivity.

I. Changes

We reserve the right, at any time, to: (1) change the terms and conditions of this agreement; (2) change our Sites, including eliminating or discontinuing any content or feature of our Sites; and/or (3) change any fees or charges for use of our Sites. Any changes we make will be effective immediately and automatically without further or special notice. Your continued use of our Sites following such changes will be deemed acceptance of such changes.

We further reserve the right at any time, without notice, to (1) to modify, suspend or terminate operation of or access to our Sites, or any portion of our Sites, for any reason; (2) to modify or change our Sites, or any portion of our Sites, and any applicable policies or terms; and/or (3) to interrupt the operation of our Sites, or any portion of our Sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

J. Governing Law and Disputes

These Terms and Conditions shall be governed by and interpreted in accordance solely with the Laws Republic of Indonesia. In the event of a dispute arising out of or in connection with these Terms, would be resolved exclusively within the court jurisdiction of the Republic of Indonesia.

K. Disclaimer

You agree that your use of our Sites shall be at your sole risk. Our Sites and the services offered thereon are provided “as is” without warranty, representation, condition or guarantee of any kind, either expressed or implied, including but not limited to any implied warranties, representations, conditions or guarantee of quality, merchantability, merchantable quality, fitness for a particular purpose or non-infringement, all of which are disclaimed to the fullest extent permitted by law. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. MADOO nor any of its affiliates, licensors, suppliers, advertisers, sponsors, and agents warrant that your use of our Sites or the software will be uninterrupted, error-free or secure, that defects will be corrected, or that our Sites, the server(s) on which our Sites is hosted or software are free of viruses or other harmful components.

Although MADOO makes reasonable efforts to ensure that the balances displayed to you on MADOO are accurate and up to date, we cannot ensure that this will always be the case and hereby disclaim any responsibility for the accuracy of such balances.

L. Limitations and Liability

Neither MADOO its suppliers and/or its loyalty program partners, nor any of our/their affiliates, licensors, suppliers, advertisers, or sponsors, nor any of our/their directors, officers, employees, contractors, consultants, agents, or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, damages for loss of business, loss of data, or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to our Sites and/or materials contained on our Sites, the software, any linked site or any product or service purchased through our Sites.

 

Your sole remedy for dissatisfaction with our Sites, materials, software or any linked site is to stop using our Sites, materials, software or linked site, as applicable. Our maximum liability for all damages, losses, and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall in no event exceed the amount paid by you for the transaction giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

M. Indemnity

You agree to indemnify, defend, and hold Points, and our respective affiliates, licensors, suppliers, advertisers, and sponsors, and their respective directors, officers, employees, contractors, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any submissions or other materials you submit to us or transmit to our Sites infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with our Sites.

N. Entire Agreement, Waiver and Severability

This Agreement, together with any applicable transaction request and confirmation, and our Privacy Policy constitutes the entire agreement between you and us with respect to your use of Points.com and the processing of any transactions thereon and supersedes all prior or contemporaneous agreements or understandings, if any, whether written or oral, relating to such subject matter. No modification, amendment or waiver of this Agreement shall be effective or binding unless made in writing and signed by us. If any of the provisions of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

O. Force Majeure

We shall have no liability for delays or failure in performance caused by any event beyond our control.

P. Use of the Term “Partner”

The use of the term “partner” on MADOO and in any other materials is not intended to indicate that such loyalty program is in a legal partnership with us. Rather, the term is used in a marketing sense to show participation by the “partners” in MADOO’s products and services.