PorcuPoints REWARDS PROGRAM MEMBER AGREEMENT
The PorcuPoints Rewards Program
Program Terms and Conditions
- You must be 18 years of age or older to become a Member in the Program. Corporations, partnerships, or any other business entities are not eligible for membership.
- The Program is available via access to the Porcupus Website: http://www.porcupus.com (the “Website”). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. Porcupus is not responsible for your inability to connect to the Internet, log onto the Website or access your PorcuPoints Account.
- Members must be human: no machines, scripts, or automated services may be used to accumulate PorcuPoints.
- Membership is limited to one account per person (“Account”). You cannot maintain multiple accounts even if you have multiple e-mail addresses. Any duplicate accounts will be subject to termination, and any PorcuPoints accumulated therein will be forfeited.
Accrual of PorcuPoints
- PorcuPoints is the rewards "currency" of the Program. As a Member, you will have the opportunity to earn PorcuPoints by purchasing products and/or services generally offered by Porcupus (a "Purchase"), or as offered and approved as promotions on the Website from time to time ("Promotions"), and/or by participating in questionnaires, surveys or contests ("Contests"). It is your responsibility to comply with the rules specified by each Promotion or Contest. Your eligibility to participate in any given Promotion or Contest, and your compliance with the rules for fulfilment of any given Promotion or Contest, will be determined solely by Porcupus.
- PorcuPoints cannot be accrued until you are enrolled in the Program. PorcuPoints will not apply for Purchases that occurred prior to your enrolment, unless otherwise indicated by a specific Promotion or Contest, in which case your Account will be credited per the rules and eligibility of the Promotion or Contest.
- Porcupus reserves the right to invalidate PorcuPoints posted to your Account upon notice by Porcupus that you did not fulfil your obligation under the applicable Promotion or Contest rules.
- Porcupus, at its sole discretion, determines the number of points to be awarded for any Purchase, Promotion, or Contest. Purchases of equal retail value may accrue a different number of PorcuPoints.
- Not every Purchase on the Website will result in accrual of PorcuPoints. The purchase of Gift Cards does not result in accrual of PorcuPoints. Redeeming a Gift Card will result in accrual of PorcuPoints when applicable. Purchases that are purchased solely with or discounted by a Reward (as defined below) or Promotion received through the redemption of PorcuPoints will not accrue PorcuPoints. In some cases, as may be determined by Porcupus, some Purchases or Promotions may not accrue PorcuPoints, and will be labelled as such on the Website.
- Once you make a Purchase or fulfil all applicable requirements for a Promotion or Contest, the designated number of PorcuPoints specified by that Purchase, Promotion or Contest will be transferred into your Account. In some cases, there may be some delay in the crediting of PorcuPoints to your Account. You cannot use multiple Promotions for the same Purchase. PorcuPoints will not be usable until Porcupus receives full payment for the order in which the PorcuPoints were accrued.
- Cancelled Purchases will result in loss of the applicable PorcuPoints accrued from that Purchase.
- Purchases returned to Porcupus for a refund will result in forfeiture of PorcuPoints accrued from that Purchase.
- Porcupus will not be responsible for any delay or failure to credit PorcuPoints to your Account. It is your responsibility to regularly check your Account to ensure that PorcuPoints transfers have been properly credited and that your Account balance is accurate. If you contend that PorcuPoints have been earned but not credited, Porcupus reserves the right to require proof of accrual of such PorcuPoints from you, including but not limited to copies of receipts or similar documentation verifying any transactions claimed to have been performed. Any claims for PorcuPoints and proof of accrual of said points must be received by Porcupus within ninety (90) days after the date such PorcuPoints were claimed to be earned.
- Porcupus reserves the right to audit your account and PorcuPoints accrual without notice for compliance with the rules set forth in these Program Terms at any time. In the event that the audit reveals discrepancies, you may be subject to forfeiture of your PorcuPoints if said discrepancies are not resolved.
- Porcupus is not responsible for changes to, or discontinuance of any Promotion or Contest, or for any effect on accrual of PorcuPoints caused by such changes or discontinuance.
- Porcupus is under no obligation to provide Members with a guaranteed number of PorcuPoints opportunities or advise them of Promotion or Contest offers.
- For additional questions about specific Promotions or Contests, please address inquiries to Porcupus via email to email@example.com.
Account Access and Password
- When you enrol for membership at the Website, you will be asked to enter a password. This will allow you to access your Account to verify accruals of PorcuPoints, check Account balances, and redeem PorcuPoints for selected products and discount coupons as set forth in the Website (the "Rewards").
- You must be logged into the Website, using your email address and password, to access your PorcuPoints Account. You may check your Account status and recent PorcuPoints earning history at any time. You may also request receipt of your Account statement by email.
- Porcupus is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for maintaining the confidentiality of your email address, password, and account information. Porcupus is not responsible for any credits or debits made to your Account or for any loss you may incur as a result of any unauthorized person using your email, password or account information. If you forgot your password or email address, please contact our customer service department at: firstname.lastname@example.org.
- Members agree to provide correct and accurate personal identifying information including email address to Porcupus.
- Keeping your Account information accurate and up to date is very important. You have a continuing obligation to ensure that your information is up to date and accurate at all times. Failure to provide Porcupus with accurate account information may result in forfeiture of your PorcuPoints.
Redemption of PorcuPoints
- PorcuPoints accrued in your Account can be redeemed for Rewards offered through Porcupus at the time of redemption, provided that your Account contains the minimum number of PorcuPoints required for redemption of the requested Reward. PorcuPoints cannot be redeemed for any taxes associated with such redemption.
- Redemption requests must be initiated while logged onto the Website, using your email address and password.
- Although Porcupus will provide an estimated time for fulfilment of your redemption request, Porcupus does not guarantee delivery within the estimated time, and shall not be held responsible for any failure to deliver a Reward within the time designated.
- Porcupus is not responsible for changes to or discontinuance of any Reward, or for any effect on or devaluation of Rewards caused by such change or discontinuance. Members should not rely upon the continued availability of any Reward or Reward level. Porcupus is not responsible for replacement of any discontinued or changed Reward.
- Shipping and/or import restrictions may apply to Rewards. Related shipping charges will apply to Rewards unless otherwise specified by Porcupus.
- Once the Member redeems PorcuPoints for Rewards, the appropriate number of PorcuPoints will be deducted from the Member's Account. Under no circumstances will Rewards be refunded or exchanged for PorcuPoints or cash, nor will PorcuPoints be restored to the Member's Account once a Member claims a Reward. All redemptions are final.
- Redemptions made with fraudulently accrued PorcuPoints will be charged to your credit card at full value.
- Porcupus is not responsible for any product warranties relating to Rewards. Please review the manufacturer’s warranty on any Rewards when redeeming PorcuPoints.
- PorcuPoints have no cash value and are not redeemable in the event the Program is terminated, or if Porcupus ceases to do business or is sold, assigned, declared bankrupt or a receiver is put in place.
- PorcuPoints cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except where designated by Porcupus.
- PorcuPoints are void where prohibited by law. You shall comply with all laws, rules, and regulations that are applicable to a member of this Program. You acknowledge that you may only participate in the Program if and to the extent that such participation is permitted by such laws, rules, and regulations.
- Porcupus reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available on any particular promotional offer at any time. For any questions, please address inquiries to Porcupus at: email@example.com.
PorcuPoints earned on or after the date of your enrolment (including any retroactive PorcuPoints as noted above) shall be subject to expiration thirty-six (36) months after the date on which said PorcuPoints accrued. Expired PorcuPoints will be deducted from your Account. No refunds, credits or extensions will be given for PorcuPoints that have expired.
- PorcuPoints earned, granted or accumulated under the Program may not be assigned or transferred to any third party.
- The sale or barter, assignment, or other disposal of any PorcuPoints is expressly prohibited.
- PorcuPoints do not constitute property, and are not transferable: (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law.
- PorcuPoints assigned, sold, or otherwise transferred in violation of the Program Terms will be confiscated or cancelled. Any violator of the foregoing restrictions is subject to account termination, deduction of PorcuPoints from his or her Account, and/or liability for damages and litigation and transaction costs.
Termination or Changes to the Program
- Porcupus reserves the right to terminate the Program for whatever reason with thirty (30) days notice. This means you will have 30 days from the date of notice to accumulate and redeem PorcuPoints in your Account before the Program terminates.
- Notification of Program termination will be posted on the Website. Porcupus will not be held responsible for failing to notify you of Program termination should you fail to check the Website on a regular and frequent basis.
- Porcupus may at any time and without notice suspend or disable the Website for maintenance or upgrades. Porcupus will not be responsible for Members' inability to redeem or earn PorcuPoints for the period that the Website is disabled.
- Your continued membership in the Program constitutes your agreement to the Program Terms, and any Modifications thereto.
Termination of Membership
- A Member may voluntarily terminate membership in the Program at any time and is effective upon submitting a termination request via email to firstname.lastname@example.org and the Member receiving confirmation of such termination from Porcupus. PorcuPoints accumulated but not redeemed by the Member up to the date of termination will be forfeited. Members may not accrue or redeem PorcuPoints after the date of termination.
- Porcupus reserves the right, in its sole discretion, to disqualify you from membership in the Program if, in the sole judgment of Porcupus you violate the Program Terms, and/or any Modifications thereto, by providing notice. Upon any termination hereunder, the Member's right to accrue and redeem PorcuPoints shall immediately be cancelled. Any and all PorcuPoints accumulated but not redeemed up to the date of termination will be forfeited.
- Membership in the Program is subject to the Program Terms. Any failure to comply with the Program Terms, any fraud or abuse relating to the accrual or redemption of PorcuPoints or any misrepresentation of any information supplied to Porcupus by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Account and/or forfeiture of your PorcuPoints.
- Membership in the Program terminates immediately upon your death.
- If at any time, you do not accept the Program Terms, or any subsequent Modifications thereto, or become dissatisfied with the Program, your sole remedy is to terminate your participation and membership in the Program.
Notification of Changes
Disclaimer of Warranties
THE PorcuPoints REWARDS PROGRAM IS BEING PROVIDED TO MEMBERS "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORCUPUS EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILILTY, SATISFACTORY QUALITY, N0N-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
PORCUPUS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS OR PROMOTIONS FOR ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED IN CONJUNCTION WITH THE PROGRAM NOR DOES PORCUPUS ASSUME ANY RESPONSIBILITY FOR INFRINGMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM, OR ANY FRAUD OR OTHER CRIME FACILITATED THEREBY.
IN ADDITION, ALTHOUGH PORCUPUS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PORCUPUS WEBSITE, PORCUPUS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS OR OTHER DESTRUCTIVE MATERIALS. IN ADDITION, PORCUPUS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND PORCUPUS ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS THIS SITE.
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE, WRITTEN OR ORAL, GIVEN OR MADE BY OR ON BEHALF OF PORCUPUS PRIOR TO THIS MEMBER AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS PROVISION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
Limitation of Liability
IN NO EVENT, WILL ANY OTHER COMPANY WITH WHICH PORCUPUS HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, AN OFFER PARTNER RELATIONSHIP, AN AFFILIATE OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF PORCUPUS OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY PORCUPUS.
PORCUPUS SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, PECUNIARY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY PORCUPUS IN ADMINISTERING THE PROGRAM; OR (III) THE USE OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF PORCUPUS OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
PORCUPUS IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR CHANGES OR DISCONTINUANCES OF SERVICES OR MERCHANDISE FROM SUPPLIERS, WHICH MAY AFFECT PROMOTIONAL OR CONTEST OFFERS, OR THE ACCRUAL OF PorcuPoints.
Fraud and Abuse
Fraud or abuse relating to the accrual of points or redemption of PorcuPoints may result in forfeiture of accrued points as well as the termination of your Porcupus Account. You are solely responsible for any fraudulent use of your PorcuPoints that could occur due to the theft of or sharing of your password. PorcuPoints is a service provided to an individual Porcupus user, not a company. It is considered fraudulent and abusive for any individual or company to direct, encourage, or allow individuals to use a single Porcupus account for the purpose of accumulating points for company use.
You agree not to abuse the PorcuPoints Rewards Program by conduct which is detrimental to the interests of Porcupus, including without limitation attempting to accrue PorcuPoints or spend PorcuPoints in a manner inconsistent with the rules of or intent of this Member Agreement, having multiple accounts, attempting to earn PorcuPoints through other than legitimate channels, or participating in purchasing or redemption fraud, etc.
Porcupus reserves the right to terminate or disable, at Porcupus’s sole discretion, any Program membership if Porcupus believes you have violated or acted inconsistently with the Program Terms or intent of this Member Agreement. You understand and agree that disabling of membership will result in your inability to redeem and/or earn PorcuPoints. You understand and agree that termination of membership will result in the cancellation of all your PorcuPoints.
Porcupus shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of PorcuPoints) shall be final and binding.
Disputes or Errors
All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of PorcuPoints for accrual or redemption, must be submitted via email within sixty (60) days of the qualifying transaction, to email@example.com. Porcupus shall resolve all and any disputes at its sole discretion. In the event that an error is made by Porcupus, such error shall not constitute a breach of this Member Agreement, and your sole remedy shall be the credit of the disputed PorcuPoints to your Account. All interpretations of Program Terms shall be at the sole discretion of Porcupus. Porcupus is solely responsible for the interpretation and application of the policies and procedures communicated in this Member Agreement and elsewhere to other Program members. All determinations by Porcupus shall be final and conclusive in each case.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia without reference to conflicts of law rules. If any provision of this Member Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Porcupus’s failure to insist upon or enforce strict performance of any provision of the Member Agreement shall not be construed as a waiver of any provision or right. Nothing in this Member Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between Porcupus and you, or between Porcupus and its suppliers. Porcupus’s suppliers shall have no ability to create any obligation on Porcupus’s behalf. This Member Agreement constitutes the entire agreement between you and Porcupus and supersedes all prior understandings, agreements, communications and / or advertising with respect to the Program.
You agree to indemnify and hold Porcupus, and its respective affiliates, officers, directors and employees harmless from any and all claims, demands, damages, and / or costs incurred in connection with any transaction or activity in which you engage in connection with the Program that violates local laws, rules or regulations.