Terms of Service

User agreement

Background

This agreement applies as between you, the User of this Web Site and Digicel Rewards, the owner of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Acceptance” means the process by which Digicel Rewards accepts a Member’s offer to purchase a hotel stay, holiday or package (with travel included) advertised for purchase on the Web Site, as set out in detail within these Terms and Conditions;

“Account” means collectively the personal information, payment information and credentials used by Users to access the Service and / or any communications System on the Web Site;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Members” means Users who have chosen to become and been accepted as members of Digicel Rewards;

“Service” means collectively any online facilities, tools, services or information that Digicel Rewards makes available through the Web Site either now or in the future;

“System” means any online communications infrastructure that Digicel Rewards makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Website.

“Web Site” means the website that you are currently using www.DigicelRewards.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

Intellectual Property

Subject to these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Digicel Rewards, or our affiliates or licensees. By continuing to use the Web Site you acknowledge that such material is protected by applicable USA and International intellectual property and other laws.

Subject to these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for personal purposes, only unless otherwise indicated on the Web Site. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that: you will not use the Content of the Web Site for commercial purposes; and you will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Digicel Rewards.

“Digicel Rewards” and the DigicelRewards.com logo are trademarks of Digicel Rewards. All other trademarks, service marks and trade names used on the Web Site are the property of their respective owners and are used under license. All such trademarks, service marks or trade names may not be reproduced, copied, downloaded or otherwise exploited without the permission of Digicel Rewards or the relevant owner.

Eligibility Requirements

You must be a Postpaid Mobile Customer with an active account to qualify for Digicel Rewards

The program is automatically available to all Digicel Postpaid Customers with accounts in good standing.  We reserve the right to determine, in our sole discretion, whether a particular Customer is eligible to participate in the Program.

Your account must be in good standing and not overdue.  You will stop earning or accumulating points in your account is past due.

Digicel Rewards points are personal to you and cannot be assigned, traded, willed or otherwise transferred except with our express written permission and in accordance with the terms of these Terms and Conditions.

You will not be able to redeem any awards until your account is in good standing and qualifying purchases made while the account is not in good standing will not earn any Digicel Rewards Points.

If your Digicel Account is cancelled, you will forfeit all of your accumulated Rewards Points.

Earning and Redeeming Digicel Rewards

Rewards points have no cash value and do not constitute your property for any purpose.  The reward points may only be used in accordance with these Terms and Conditions.

Any discounts, rebate, or promotional offers made available through this Loyalty Rewards Program, may not accumulate with other discount, rebate, or promotional offer made available by Digicel or any participating Merchant.  Only one rebate, discount or offer per account per purchase.  The rebate, discount or offer may not be divided between different Customers.

You will earn 1.5 points for every US$1 spent for net purchases.

Rewards Points do not include taxes unless otherwise stated.

Redemption of your points will be facilitated through the www.digicelrewards.com website.

The Member shall be required to confirm acceptance of any booking made by a Travel Service Provider arising out of a Redemption request.

Subject to the cancellation policies of the Travel Service Provider, you may cancel any portion or your entire Digicel Rewards reservation.  Where such bookings are non-refundable, cancellations are not allowed or may be subject to cancellation fees.  All such fees must be paid by the Member.

In the event that the cancellation of a Digicel Rewards booking; the Digicel Rewards Points redeemed in connection with the booking will be credited back to your Digicel Rewards Account less the equivalent of any penalties and/or fees in points.

The Service

What Digicel Rewards does:

Digicel Rewards is a Members Only Loyalty Rewards Program. It sells hotel stays, vacations package and other related deals. Digicel Rewards negotiates discounted prices and deals with hotels, travel fulfillment and e-commerce companies. The sale price displayed on the site is the discounted price.  Each sale will be made up of one or more offers. Members buy individual offers within a sale. Offers may include additional items or components, such as meals or activities. For avoidance of doubt, unless explicitly stated in the offer or sale description offers are for accommodation only.

When buying from Digicel Rewards your contract will be with the provider of the sale (e.g. the hotel company) and not Digicel Rewards. Digicel Rewards only acts as an agent for the provider of the sale. Accordingly Digicel Rewards is not responsible for the conditions or limitations placed on any sale by the provider of the product or service being sold (such as, by way of example, the inability to cancel a booking once placed).

Separate terms and conditions may apply to your reservation and purchase of the items purchased through any sale on the Web Site. You agree to abide by the terms or conditions of purchase imposed by any provider with whom you contract including compliance with the provider’s rules and restrictions regarding availability and use of fares, products, or services.

You understand that any breach of any such provider’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights or hotels in your forfeiting any monies paid for such reservation(s) or purchase, and in Digicel Rewards debiting your account for any costs Digicel Rewards incurs as a result of such breach.

Alterations and Cancellations

As a buyer, you should be aware that all sales are final.

Unless otherwise stated in the sale description, once Acceptance has taken place all sales on the Web Site are final. If alterations or cancellations are available from the hotel/travel provider they may be subject to a charge as per their T&C’s.

Digicel Rewards will use its best efforts to assist a Member in the Member’s attempts to alter or cancel a booking but can give no guarantee that such attempts will be successful and cannot be held liable for any applicable charges.

While our bookings have a 100% non-cancellable/non-refundable policy, in the event that you contact us to request to cancel your booking, we will contact the relevant travel provider. However; you are also bound by their terms and conditions and a cancellation is not always possible and where it is, charges may apply.

Cancellations by Digicel Rewards

Most changes are minor. Occasionally, we have to notify you of a “significant change”. A significant change is a change made before departure which, taking account of the information given to us at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your stay. Significant changes are likely to include the following changes when made before departure by the supplier; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time of 12 or more hours, a change of departure point to one which is more inconvenient for you, an overbooking at the hotel, and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether. For bookings including flights, please refer to the relevant Operator Terms and Conditions.

In the unlikely event of the supplier cancelling or amending your reservation after the booking has been made, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:

(for significant changes) accepting the changed arrangements or for hotel only reservations, a choice of accepting an offered alternative or cancelling your reservation with a full refund of monies paid. In the case of no alternative being available from the supplier, they may instruct us to cancel and give a full refund;

(purchasing an alternative package from us, of a similar standard to that originally booked if available. You must pay the applicable price of any such package. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper or cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.

Please note: As we act as an agent for the supplier, they may not give the above options where any change made is a minor one. A change of flight time of less than 12 hours, airline type or aircraft (if advised) or destination airport are usually qualified as minor changes.

When cancellations or changes do occur, Digicel Rewards will not be held liable for extra costs incurred for example for travel expenses, or other accommodation.

Cancellations by you

While our bookings have a 100% non-cancellable/non-refundable policy, in the event that you contact us to request to cancel your booking, we will contact the relevant travel provider. However; you are also bound by their terms and conditions and a cancellation is not always possible and where it is, charges may apply.

Important: Any cancellation affecting the flight element of an operator package will involve minimum cancellation charges equivalent to the price of the flights.

Cancellations by the Supplier

In the rare cases that a supplier, travel operator or hotel cancels your booking after it has been made on our site, you will be notified by the supplier, travel operator or hotel, or Digicel Rewards acting on their behalf.

As Digicel Rewards is an agent, and your contract once you’ve booked is with the provider, we’ll support you in getting a refund or changing your dates. Digicel Rewards is not responsible for costs associated with a cancellation by the provider.

Bills and Payments

We only accept payments by credit or debit card or via Pay Pal. For your convenience and in order to safeguard your payment information all payments are transacted through the secure server of our on-line payment processing provider and once you have entered all relevant information correctly payments will be taken automatically. Invoices are immediately sent to you by E-mail and may be accessed at any time via your Account.

We take your personal privacy and financial security extremely seriously – see our Privacy Statements for more information.

Refunds and Cancellations

If you have any query about an amount that has been charged by us to your card, please contact us immediately. In the event that we find a payment has been taken in error we will refund the amount immediately to your credit or debit card.

Refunds are at the sole discretion of Digicel Rewards.

Termination and Suspension

In the event that a Member breaches the terms and conditions of this User Agreement Digicel Rewards reserves the right to suspend or terminate your access to the Service and to suspend your membership. Any Users banned in this way must not attempt to use the Web Site under any other name or by using the access credentials of another User, with or without the permission of that User.

Complaints

If you have received the items listed in the offer details, but are unhappy with any aspect of the hotel or resort and wish to complain, then please take this up with the hotel management, Travel Operator Representative or Hotel onsite customer service agent directly at the time so that they can try to address any issues raised. If you are still not satisfied then please contact the offer provider directly within 30 days of return.

For flight or transport problems please contact the provider (you should be provided with and emergency number). Delays to flights, etc. should be dealt with by the Operator. Please always read all information given to you by the Operator and check their terms and conditions before you go on vacation. Digicel Rewards is not liable for any flight issues which may affect your stay and this should be taken up with the Operator.

Website Disclaimers

Digicel Rewards makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

Whilst every effort has been made to ensure that all descriptions of services available from Digicel Rewards correspond to the actual services available, Digicel Rewards is not responsible for any variations from these descriptions.

The Web Site may contain opinions, recommendations, statements and information provided by third parties. Digicel Rewards does not represent, endorse or guarantee the truthfulness, accuracy or reliability of any such third party Content, or endorse any opinions or recommendations expressed by such third parties. Users understand and agree that you download or otherwise obtain material or data through the use of the Web Site at your own discretion and risk and any reliance on third party Content will be at your own risk. You agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material or data.

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Digicel Rewards accepts no liability for any disruption or non-availability of the Web Site 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.

Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Digicel Rewards or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Limitation of Liability

To the maximum extent permitted by law, Digicel Rewards 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 the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts Digicel Rewards’ liability for death or personal injury resulting from any negligence or fraud on the part of Digicel Rewards.

YOU AGREE THAT NEITHER Digicel Rewards NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE WEB-SITE, INCLUDING, BUT NOT LIMITED TO: YOUR USE OR INABILITY TO USE THE WEB-SITE;

YOUR RELIANCE ON CONTENT ON THE WEB-SITE; AND

ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THE WEB-SITE, EVEN IF Digicel Rewards OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Digicel Rewards, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEB-SITE. No Waiver

Privacy

Use of the Web Site is also governed by our Privacy Statement which is incorporated into these Terms and Conditions by this reference. To view the Privacy Statement, please click on the link below.

Law and Jurisdiction

These terms and conditions and the relationship between you and Digicel Rewards shall be governed by and construed in accordance with the Law of Jamaica and Digicel Rewards and you agree to submit to the jurisdiction of the Courts of Jamaica.

Force Majeure

Any delay in or failure of performance by Digicel Rewards under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of Digicel Rewards including but not limited to acts of God, power outages, natural disaster, closure of airspace and governmental restrictions. Payment Terms

Changes to the Terms and Conditions of this User Agreement

Digicel Rewards reserves the right to change these terms and Conditions as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Terms and Conditions on your first use of the Web Site following the alterations. In the event that there are any material changes to these Terms and Conditions Digicel Rewards will use reasonable endeavors to advise you that changes have been made but it is your responsibility to check regularly for updates to these Terms and Conditions. Each version of these Terms and Conditions will have an effective date from which it applies posted at the commencement of the Terms and Conditions. Unless stated otherwise, the currently effective Terms and Conditions apply to your use of the Web Site and the Service.

General Provisions

If any provision of these Terms and Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.

Failure or delay by Digicel Rewards in enforcing or partially enforcing any provision of these Terms and Conditions will not be construed as a waiver of any of its rights under these Terms and Conditions.