Terms of Use & Privacy Policy

Effective Date: Jan 1 2016

1 General privacy policy

This privacy policy applies to https://bitpoints.club owned and operated by Bit Points ("Bit Points", "Us", or "We"). This privacy policy describes how Bit Points collects and uses the personal information you provide on our website:https://bitpoints.club ("website"). It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

Bit Points' views are that this privacy statement and our practices are in compliance with the TRUSTe program.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact TRUSTe at https://feedback-form.truste.com/watchdog/request.

The TRUSTe program covers only information that is collected through this website, and does not cover mobile applications.

This policy governs the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:

  • You provide us with all information marked as compulsory on the relevant application forms
  • You warrant that all information provided to us is complete, accurate and up to date at all times

1.1 Information collection and use

We collect or maintain the following personal information about our users:

  • Email Address
  • Username & Password
  • Credit Card details (if applicable)

This information will be collected with your knowledge and participation. If you choose not to provide this information we may decline to accept your registration. It will not be possible for you to deal with us anonymously. We use this information to fulfill your order, respond to your customer service requests, administer your account, assess the needs of your business to determine suitable products and to protect against fraud and abuse.

1.2 Tracking technologies

We use cookies for to remember users' settings and for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited.

We, and/or our partners, affiliates, or analytics or service providers, may use tracking technologies such as cookies, beacons, tags, and scripts to analyze trends, administering the website, track users' movements around the website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies from these companies on an individual or aggregated basis.

The third parties with whom we partner to provide certain features on our website or to display advertising based on your web browsing activity, use Local Shared Objects (Flash cookies) to store content information and preferences. To manage Flash cookies, please click here:http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We do link this automatically-collected data to personal information. IP addresses are tied to personal information for the purposes of logging site actions (updating information, buying products, etc.) so that in the event of a bug or a dispute, we can review the actions taken that led to the outcome and attempt to reproduce the issues.

1.3 Behavioural targeting

We partner with a third party ad network to either display advertising on our website or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personal information about your activities on this and other websites to provide you targeted advertising based upon your interests. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

1.4 Sensitive information

We will not collect information revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity or orientation, unless compelled to do so by law.

The personal information we collect may be used for the following purposes:

  • To administer our network;
  • For billing purposes;
  • For any other purpose for which you would reasonably expect your personal information to be used;

1.5 Disclosure of your personal information

We will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.

Your personal information may be disclosed, and you hereby irrevocably consent to such disclosure, in the following circumstances:

  • To our authorised officers and our agents for the purpose of administering our network or for billing or credit collection purposes
  • To companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us
  • Under compulsion of law, for example if a warrant or court order is received or such as to comply with a subpoena, or similar legal process
  • To lessen or prevent a serious and imminent threat to an individual's life or health
  • If Bit Points is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information
  • To you or with your consent;

Otherwise we will use reasonable endeavours to avoid the disclosure of your personal information, save that aggregated demographic information may be disclosed so long as the information is unable to identify you or any other individual.

1.6 Accessing your personal information

You can contact us to request a copy of your personal information by emailing our Privacy Officer at postmaster@bitpoints.club. The Privacy Officer shall attend to your request on a confidential basis within fourteen (14) days of the request being received. No fee will be levied for access to this information.

1.7 Refusal of access

Access of your personal information may be refused if:

  • Providing access would pose a serious and imminent threat to life or health of a person
  • Providing access would create an unreasonable impact on the privacy of others
  • The request is frivolous and vexatious
  • Denial of access is authorised or required by law

1.8 Data quality

We will use all reasonable endeavours to ensure the accuracy and quality of the information collected about you. If your personal information changes, or if you no longer desire our service, you may correct, update, amend, or deactivate your account by making the change on our member information page or by emailing us at postmaster@bitpoints.club. Should personal information that you know has been collected about you change, it is your responsibility to bring the changes to our attention.

We will retain your information for as long as your account is active or as needed to provide you services. Deactivation of your account will not delete your personal information from our database entirely. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

1.9 Data security

We will endeavour to keep your personal information as secure as reasonably possible. Without limitation, registration information is not accessible over the Internet, but only from a secure password-protected internal workstation. Our Internet server utilises a modern Linux-based operating system that is maintained with the latest available security patches and updates.

The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at postmaster@bitpoints.club.

1.10 WHOIS

For .ae domain registrations please see .aeDA's WhoIs Data Collection and Display Policy www.aeda.ae which sets out the guidelines on the collection, disclosure and use of WhoIs data.

1.11 Links to 3rd party sites

Our Site includes links to other websites whose privacy practices may differ from those of Bit Points. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

1.12 Social media widgets

Our website might include Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our website. These Features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the privacy policy of the company providing it.

1.13 Import contacts

You can import contacts from your email account address book(s) to invite your contacts to join our website. We collect the username and password for the email account(s) from which you wish to import contacts, and we will only use your username(s) and password(s) for the purpose of importing contacts.

1.14 Use of Non-personal information

You acknowledge and agree that any testimonials or feedback you provide to us may be used for training and/or marketing purposes. We reserve the right to use any testimonials or feedback for any purpose at our sole discretion. You acknowledge and agree that any feedback you provide may be shared with third parties via social media and associated programs.

You acknowledge that you relinquish any proprietary rights you may hold over information, data, or opinions that you provide to us by way of a testimonial, complaint, or feedback.

If you wish to update or delete your testimonial or feedback, you can contact us at postmaster@bitpoints.club.

1.15 Changes to this policy

We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

1.16 Points Expiry policy

We have placed a maximum term of 12 calendar months per point earn, from date of earn for points and can be configured for less. Points will automatically expire after this time if unused and such points will be reflected on your merchant dashboard as Breakage Points. Expired points cannot and will not be re-instated and all expired points will automatically be deducted from the points available balance at the time of expiry.

 

2.0 Acceptable use & general conduct

You irrevocably agree that it is your responsibility at all times to:

  • Use our service and services in a manner which does not violate any applicable laws or regulations
  • Respect the conventions of the newsgroups, lists and networks that you use
  • Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;
  • Respect the privacy of others
  • Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
  • Refrain from acts that waste resources or prevent other users from receiving the full benefit of our Services
  • Ensure your use of our Services remains ethical and in accordance with accepted community standards

It is not acceptable to use our Service(s) for the following non-exhaustive examples and you irrevocably agree that you will not use our Service(s) to:

  • Violate copyright or other intellectual property rights or publish any material that infringes any third party's intellectual property rights or any other rights;
  • Illegally store, use or distribute software; transmit threatening, obscene or offensive materials;
  • Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language;
  • Misrepresent or defame others;
  • Commit fraud;
  • Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
  • Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties;
  • Engage in misleading or deceptive on-line marketing practices;
  • Conduct any business or activity or solicit the performance of any activity that is prohibited by law;
  • Make an unauthorised transmission of confidential information or material protected by trade secrets;
  • "Spam" or engage in "spamming" activities, or sending unsolicited commercial activities;
  • Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material;
  • Post or transmit defamatory, harassing, abusive or threatening language;
  • Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
  • Facilitate a violation of this clause and Acceptable Use Policy;
  • Perform any other action through utilization of any service which we deem unsatisfactory;
  • Run Proxy or any proxy related services, or
  • Use greater than 100,000 inodes (every file on your hosting account uses 1 inode), or create file system damage by the rapid creation of large volumes of files.

You also agree not to attempt any of the following:

  • Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc
  • Use more than 512MB of RAM
  • Use, create or generate (directly or indirectly) in excess of 100 website connections or 100 active processes
  • Use more than 1MB/s of disk IO
  • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any gaming servers/services
  • Use hosting services for storage of any data not related to the displayed website. You are expressly prohibited from use as an online file repository
  • Run standalone, automated server-side processes including, but not limited to any daem
  • Execute any script for longer than 180 seconds
  • Execute any database query that takes longer than 30 seconds to complete
  • Create or maintain in excess of 1,000 tables per database
  • Create or maintain in excess of 1GB of storage per database
  • Any activity which causes the server to crash / restart
  • Check their email more than every 3 minutes
  • Enable error logging/debugging for more than 15 minutes at a time, create more than 500 debug/log files per day or use more than1GB of disk space for debug/log files

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws.

You irrevocably agree that any breach of this clause can result in immediate suspension or termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.

3.0 Liability & indemnity

You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any of the following, non-exhaustive, examples:

  • Loss of business, contracts, profits or anticipated savings;
  • Other indirect or consequential or economic loss whatsoever;
  • Loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
  • Injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
  • Negligence, misconduct, or breach of this agreement by you;
  • Incomplete, inadequate or otherwise problematic use of any Services by you;
  • Omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
  • Incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
  • Allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets due to the information you have provided us, and
  • Damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.

You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.

Where to do so is unlawful under any legislative provision ("Act") falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.

You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.

Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.

4.0 Fees

The charges for our services are published on our web site. We maintain the ability to change them at will, however changes shall not be retrospective.

Charges for a service are those published at the time you request for the service. Special, promotional or bundled pricing for particular Services may be limited on a per year/member/email address basis; prices displayed after account login and prior to payment will indicate eligibility for such pricing. You agree to pay for all the services you request and/or use. Charges that you pay are non-refundable, except where we have expressly consented otherwise.

You agree that failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for.

You are solely responsible for the renewal of any held services with us. You acknowledge and agree that we may, at our discretion, choose to send notification of expiry but are not obliged to do so, but that it is your responsibility to ensure that your electronic contact address is valid, active and correct. You hereby agree that we cannot and shall not be held responsible for any loss/suspension/termination of any service arising from a failure to renew your services.

Renewal fees will be the same as current pricing. There is no variation in post expiry renewal fees from pre expiry renewal.

5.0 Payment

You irrevocably agree and authorise that if any payment due from you to us is not received by the due date, that we may directly debit that payment using the credit card account details provided by you upon registration.

We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owed to us by you. Without limitation to the above, we may charge an administration fee for any dishonoured cheques.

You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment, we reserve the right to purge all data pertaining to your account with us without liability whatsoever.

5.1 Merchant Facilities

Our merchant facilities are provided/serviced via BraintreePayments, a PayPal company

Our available payment methods include VISA, Mastercard, American Express, Paypal, and Bitcoin. In some instances we offer wire/bank transfer as well as cheque.

We endeavour to offer payment methods to suit you and your market however we cannot make any guarantees or assurances that your chosen payment method is available or does not incur additional fees with your chosen financial institution.

5.2 Pricing

All pricing is displayed exclusive on applicable taxes and surcharges. Any applicable amounts will be included in the total amount on the final screen prior to order completion. By proceeding with order completion you irrevocably agree and authorise to the displayed amount being either drawn from the selected payment method or required to be processed by you as a manual payment (e.g wire transfer).

All pricing is displayed in the currency noted on the page being viewed. The location of the currency indicator may relocate from time to time. It is your responsibility to ensure that the currency indicated is of your personal preference. Via our financial institutions we will make every effort to ensure that your payment is processed in the currency selected. This may not be available from time to time and payment may be processed in another currency based on live foreign exchange rates. We shall not be held liable for any additional charges or perceivable losses incurred as a result of exchange rates, commissions, credit card fees or any other loss imposed by neither our nor your financial institution. You agree to waive any and all claims based upon such instances (including any and all claims for a refund based on the foregoing).

5.3 Applicable Taxes

As aforementioned, taxes (amount and type of tax) may be applied to your order should they be applicable. This can occur due to, but not limited to, the following circumstances; your geographical location, nature of order (business or personal) and/or product/service ordered. Applicable taxes can be applied regardless of the selected currency.

Depending on the aforementioned circumstances, you may or may not be asked to provide additional information regarding your account and the details that are associated to the account and the products/services that are being rendered.

If you indicate, or it is deemed that you are operating as a business, company or corporation, you'll be responsible for self-assessing and paying your own applicable taxes at the standard regional rates, should this be required under local legislation. Upon request you will be required to provide either on or post account application the following (but not limited to) information:

  • Your entity name and if applicable, number
  • Your applicable Tax ID (e.g VAT Number)
  • The nature of your business

If you indicated, or it is deemed that you are operating the account for personal use, your account and orders may be subject to applicable taxes at the current local rate required by your local legislation. If you indicate that your account is personal, we reserve the right to review and assess your account and if deemed necessary, change your account to business at our sole discretion. We may, but are not obliged to, contact you to advice of this change and/or request further information regarding the nature of your account.

In accordance with applicable legislation, it is your responsibility to ensure that any and all tax requirements are met at your sole responsibility. cannot and will not give any advice about applicable taxes. Should you have doubts or queries regarding applicable taxes you should contact your tax advisor or applicable revenue commissioner.

You may, at any time contact us with regards to the nature of your account or make these changes via your Account Manager. We reserve the right to review provided information or request further information if necessary. By changing the status of your account you may be eligible for an account credit based on incorrectly applied taxes, however we are not obliged to do so.

Any applicable taxes charged will not only be indicated prior to payment processing but will be included in any completed invoices.

5.4 Automatic Renewal Service Agreement

Your purchase includes an opt-in enrolment in our automatic renewal service. This keeps your products and services up and running by automatically charging the then-current renewal fees to your payment method on file just before they're set to expire, with no further action on your part. We may, but are not obliged to, issue notification to the contact details on file advising of the impending auto-renewal. You may cancel this service at any time by contacting postmaster@bitpoints.club. Click 'Setup Auto Renewal' and remove your domain name, product or service from the list. You may also receive a notice to the email address on file ahead of auto renewal processing. Any cancellations of auto renewal must be actioned 1 calendar day ahead of auto renewal date. By opting in, or not opting out of auto renewal, you agree to be bound by all applicable terms, conditions, policies and procedures which apply to product renewed as they are published within this document.

6.0 Payment Chargebacks

You irrevocably agree that:

  • You cannot seek to reverse a payment (chargeback) in your favour.
  • We may hold you to the transaction, resist the chargeback, and charge you reasonable costs for doing so.
  • We hold the right to suspend and/or cancel your service and decline you from any further services until all applicable costs have been paid.
  • We reserve the right to engage the services of a debt collection agency should the above costs not be paid, and
  • You will be charged for collection costs in addition to applicable costs in the event that we exercise the right to engage he services of a debt collection agency should the above costs not be paid.