GigPoint Terms & Condition

GigPoint
Terms and Conditions

Last Updated: October 18, 2021

Welcome to GigPoint! These Terms and Conditions (these “Terms”) apply to your access to, and your use of our mobile applications (collectively the “Apps” and each an “App”), website located at www.GigPoint.com (the “Site”), and your participation in our GigPoint Rewards loyalty program (the “Program”, and together with the Site and Apps, collectively the “Services”), which are operated by GigPoint LLC, or its subsidiaries, licensees and affiliated companies (“GigPoint”, “we”, “us”, or “our”). These Terms are important, contain legal obligations and affect your legal rights, so please read them carefully. NOTE THAT SECTION 12 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY CLICKING “I ACCEPT”, OR BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, OR MAKING ANY PURCHASES, YOU AGREE TO THESE TERMS. YOU ALSO AGREE TO THE TERMS WHEN YOU MAKE A PURCHASE AS A GUEST. THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 12 OF PART ONE, YOU MAY NOT ACCESS OR USE OUR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF SERVICES.

Part 1 – Terms for All Users

  1. ELIGIBILITY

The Services are not targeted toward or intended for use by anyone under the age of 18. Additional eligibility requirements apply to purchases made using the Services, and are set forth in Part Three.

If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.

  1. ACCOUNTS AND ACCOUNT SECURITY

In order to access and use certain areas or features of the Services, including to purchase any products made available through the Apps (the, “Products”), you will need to register for an account (an “Account”). You can create an Account as follows:

Download one of our Apps on a smartphone or other mobile device that is capable of downloading and running the App from the Apple App Store or Google Play Store (as applicable) and follow the prompts to create an Account. GigPoint does not charge to download its Apps, but standard data rates may apply.

In order to access the GigPoint App, you must be a registered and active driver on the Point Pickup Driver App. “Active” is defined by logging into the Point Pickup Driver App. Failure to log into the Point Pickup Driver App in 60 consecutive days will result in an expiration of all your GigPoints.

By creating an Account, you agree to (a) provide accurate, current and complete Account information, (b) maintain and promptly update, as necessary, your Account information, (c) maintain the security of your Account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use your Point Trust Card or Account, including by use of the Services on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. We shall not be responsible for misdirected communications such as mail or e-mail or any consequences thereof.

  1. PRIVACY POLICY

GigPoint’s personal information practices, including the collection, use and/or disclosure of your personal information, are governed by GigPoint’s privacy policy located Pointpickup.com/gigpointprivacy, which is hereby incorporated into these Terms by reference. We reserve the right to modify our privacy policy from time to time. While using the Services and from time to time, you may be asked whether or not you consent to and wish to receive marketing and other non-critical communications relating to the Services. If you agree and consent to receiving such communications from GigPoint, you may opt-out of receiving such communications at any time as provided in our privacy policy.

  1. OWNERSHIP, LICENSE, & RESTRICTIONS ON USE

4.1. The materials provided, contained in or made available for use in connection with the Services (collectively, the “Materials”) are protected by law, including, but not limited to United States Copyright and Trademark laws, and international treaties. The Services are controlled and operated by GigPoint from its offices within the U.S. GigPoint makes no representation that any of the Services or Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. See below for further copyright and trademark information.

4.2. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services and the Materials belong to GigPoint or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Services and the Materials are proprietary information or proprietary marks of GigPoint or the original creator of the material. The compilation of all content, including the look and feel of the Services (including the Materials), is the exclusive property of GigPoint and is protected by U.S. copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to any of the Materials.

4.3. You are hereby granted a personal, non-exclusive, non-transferable, limited license to: (i) use the Apps on your mobile device for your personal non-commercial use only; and (ii) view the Sites, and to print insignificant portions of materials retrieved from the Sites provided (a) they are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Services (including the Materials). Further, you may not reproduce any part of the Services (including the Materials) and any such violation with respect to the Services will terminate the license(s) granted herein.

4.4. You also may not, without the permission of GigPoint “mirror” any of the Materials on any other server. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4.5. As between you and GigPoint, all submissions, suggestions, ideas, artwork, or other information (the “Submission”) communicated to GigPoint through the Services become the sole and exclusive property of GigPoint. GigPoint is not required to treat any Submissions as confidential and will not incur any liability as a result of any similarities that may appear in future GigPoint endeavors. GigPoint will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not GigPoint, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright. GigPoint reserves the right (but is not obligated) to remove or edit such content but does not regularly review posted content. GigPoint has the right but not the obligation to monitor and edit or remove any activity or content. GigPoint takes no responsibility and assumes no liability for any content posted by you or any third party.

4.6. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Services (including the Materials) are registered and unregistered Trademarks of GigPoint and others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services (including the Materials), without the written permission of the Trademark owner. GigPoint aggressively enforces its intellectual property rights to the fullest extent of the law. The name of GigPoint LLC, or the GigPoint logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior, written permission of GigPoint. GigPoint prohibits use of the GigPoint logo as a “hot” link to any website, including GigPoint sites, unless establishment of such a link is approved in advance by GigPoint in writing.

  1. USER CONDUCT

As a specific condition of your use of any of the Services, you explicitly agree not to (a) use any of the Services for any purpose that is unlawful or prohibited by these Terms; (b) use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services; (c) attempt to gain unauthorized access to GigPoint computer systems or networks connected to GigPoint, through hacking, password mining or any other means; (d) attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way; (e) obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; (f) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; (g) develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and (h) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

  1. THIRD PARTY CONSENT

The Services may contain links to and from third party websites. GigPoint has no control over the content or privacy policies of third-party websites that you may link to from the Services or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. GigPoint is not responsible for any third party’s failure to establish or abide by its or our privacy policy. We suggest always checking the privacy policy for each website that you visit prior to submitting any personal information. Links to third party websites do not imply endorsement of the websites by GigPoint.

  1. POINT INSURANCE

You acknowledge and agree that any information pertaining to Insurance plans (the “Insurance”) is presented by GigPoint on an “as is” basis, without any guarantee or representation by GigPoint as to the accuracy of such information. GigPoint disclaims, and you accept the information without, any warranties of any kind, either express or implied, as to the accuracy of the information. Although GigPoint strives to provide you with timely, relevant and accurate information pertaining to Insurance, the Insurance prices displayed on the Apps are subject to change and may vary. GigPoint does not guarantee, and you agree that you may not rely upon, the Insurance prices displayed on the Site or in the Apps. The Insurance prices you ultimately pay will always be determined at the time which you purchase.

  1. EFFECTOVE DATE, MODIFICATION, & CHANGES

These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, GigPoint may revise these Terms. If we make changes, we will post the amended Terms to our Services, and update the “Last Updated” date above. We may also notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. GigPoint expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.

  1. COPYRIGHT COMPLAINTS

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify GigPoint’s Designated Agent as follows:

GigPoint.com
GigPoint LLC
P.O. Box 110441
Stamford, CT 06911
support@gigpoint.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to GigPoint for certain costs and damages.

  1. DISCLAIMERS

EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE PROGRAM, SERVICES, PROMOTIONAL CONTESTS, AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; OR (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, GIGPOINT MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. GIGPOINT WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. GIGPOINT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

GIGPOINT DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES, PROMOTIONAL CONTESTS, AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES, THE APPS OR MATERIALS PROVIDED, MADE AVAILABLE IN CONNECTION WITH THE PROGRAM OR ANY PROMOTIONAL CONTESTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR PARTICIPATION IN ANY PROMOTIONAL CONTESTS, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES OR PROMOTIONAL CONTESTS.

ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES, THE APPS OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THE PROGRAM, PARTICIPATION IN ANY PROMOTIONS OR OFFERINGS (INCLUDING DELIVERY OF AND PAYMENT FOR GOODS AND SERVICES) AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. GIGPOINT DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCT, AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS AND OTHER CONDITIONS OF USE. GIGPOINT IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS, PROMOTIONS OR OFFERINGS.

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES, INCLUDING PRICING, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SERVICES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, AND MANUFACTURING PROCESS OR SUPPLY ISSUES. THE SERVICES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE TO EVERY STATE IN THE UNITED STATES. A REFERENCE TO A PRODUCT ON THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE TO YOU AT THE TIME OF YOUR ORDER.

  1. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES, OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU SPENT ON PURCHASES FROM THE APPS IN THE MOST RECENT TWELVE-MONTH PERIOD. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. Dispute Resolution; Binding Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH GIGPOINT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Access to and use of any of the Services and these Terms are governed by the laws of the State of Connecticut and the United States as applicable therein, without resort to conflict of law provisions. GigPoint makes no representation that the contents of any of the Services are appropriate or available for use outside of the United States, and those who choose to access any of the Services from other locations are solely responsible for compliance with their local laws. Any legal actions against GigPoint must be commenced within two years after the claim arose. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 5 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and GigPoint agree (a) to waive your and GigPoint’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services resolved in a court, and (b) to waive your and GigPoint’s respective rights to a jury trial. Instead, Any Dispute arising out of or relating to any of the Services, or these Terms will be settled by binding arbitration before JAMS, Inc. and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. ANY SUCH DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY DISPUTE OF ANY OTHER PARTY. Each party shall be responsible for its costs incurred in such arbitration, but if you cannot afford to pay for the arbitration you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. The arbitration will be conducted in Fairfield County, Connecticut, or in the county where you reside, and judgment on the arbitration award may be entered into by any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 12 by writing to: Attn: Legal Department, 3200 Hackberry Rd., Irving, TX 75063. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS IN A COURT LOCATED IN STAMFORD, CONNECTICUT. Notwithstanding the foregoing, GigPoint may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).

  1. GOVERNING LAW & VENUE

These Terms, your access to and use of the Services, including your order of Products shall be governed by and construed and enforced in accordance with the laws of the State of Connecticut, without regard to conflict of law rules or principles (whether of the State of Connecticut or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Connecticut and the United States, respectively, sitting in the State of Connecticut, County of Fairfield.

  1. TERMINATION

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

  1. SEVERABILITY

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

  1. MISCELLANEOUS

These Terms (including, for greater certainty, the additional items in Part Two and Part Three below) constitute the entire agreement between you and GigPoint relating to your access to and use of the Services and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of GigPoint. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and GigPoint’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Part Two – ADDITIONAL TERMS APPLICABLE TO THE GigPoint Rewards LOYALTY PROGRAM

These Program Terms and Conditions (these “Program Terms”) are subject to, and made a part of the Terms, and apply to your access to, and your participation in the Program, which is operated by GigPoint.

These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise.

  1. JOINING THE PROGRAM

1.1. Eligibility

There are no membership fees associated with the Program. The Program is open only to residents of the U.S. who are 18 years or older and are natural persons; no corporation, trust, partnership, or other entity may participate in the Program. If you are 18, you may join and participate in the Program.

In order to access the GigPoint App, you must be a registered and active driver on the Point Pickup Driver App. “Active” is defined by logging into the Point Pickup Driver App. Failure to log into the Point Pickup Driver App in 60 consecutive days will result in an expiration of all your GigPoints.

  1. PROGRAM DESCRIPTION

2.1. Accumulating GigPoints

The Program enables you to accumulate promotional GigPoints (“GigPoints”) on all other purchases (“Qualifying Purchases”) and to convert your GigPoints into Point Rewards redeemable for certain eligible items through the App or at Hinda.com. Taxes and fees are excluded and ineligible for GigPoints accrual. GigPoints may take longer than 24 hours from the time of the last Qualifying Purchase to show up in your Account. We reserve the right, in our sole discretion, to limit the number of transactions per day for which GigPoints may be awarded as well as the number of GigPoints per day that a Program member may earn.

Accumulation of GigPoints can be achieved through activities within the App and Point Pickup Driver App. Activities that can award you GigPoints:

  • Sign up for GigPoint App;
  • Open a bank account through Point Trust;
  • Purchase an insurance plan through Point Insurance;
  • Complete a successful Point Pickup delivery;
  • Complete a delivery for Point Pickup on a specified Holiday;
  • Complete a delivery for Point Pickup on consecutive weekend days (both Saturday and Sunday of the same weekend);
  • Complete an on-time delivery for Point Pickup;
  • Complete a delivery for Point pickup during a specified peak time; and
  • Complete a delivery for Point pickup with on-time arrival.

GigPoints and Point Rewards are promotional only. GigPoints and Point Rewards have no value and are not transferable to any other individual or entity. We reserve the right to add or delete products and services eligible for redemption or GigPoints collection at any time, at our sole discretion, without notice.

If you cancel or return a Qualifying Purchase for which you have collected GigPoints, GigPoint may deduct the GigPoints that you were awarded for that purchase.

  1. REDEMPTIONS

 

3.1 Redeeming GigPoints

Redemption of GigPoints are subject to availability. You may only redeem GigPoints through the App or at Hinda.com. GigPoint reserves the right to change or discontinue any products, and to change the amount or kind of GigPoints necessary to be eligible for redemption at any time. Once GigPoints have been redeemed, they cannot be credited back to your Account.

In accordance with applicable tax laws, applicable taxes are calculated and payable by any Program member on the full amount of the purchase price before any reduction for redeemed GigPoints.

If you have an Account and have properly recorded GigPoints to your Account or converted your GigPoints to Point Rewards, there may be periods of time where your accumulated GigPoints do not appear in your Account. Rest assured, such GigPoints are still linked to your Account, and are available for conversion or redemption in accordance with these Program Terms once availability resumes.

3.2. Obtain and Redeem Point Rewards with your GigPoints

You may obtain Point Rewards with your GigPoints, which can be redeemed for certain items or for discounts on eligible items at the time of purchase at through the App or at Hinda.com. We reserve the right to add or delete products and services eligible for redemption using GigPoints at any time, at our sole discretion, without notice. We reserve the right to add or remove the availability of any dollar-denominated discount eligible for redemption using GigPoints at any time, at our sole discretion, without notice. For further details of items, you can obtain with your GigPoints, please log into your App and follow the prompts to view the list of available items. In order to obtain Point Rewards with your GigPoints, follow the prompts in your Account to convert your GigPoints into redeemable items. Once the GigPoints you have accumulated are converted into Point Rewards, those GigPoints will immediately be deducted from your Account, and cannot be credited back to your Account or converted into another Point Reward. You must use the same Account when converting GigPoints to Point Rewards and cannot combine and convert GigPoints accumulated in separate Accounts into Point Rewards.

  1. MISCELLANEOUS

4.1. Prohibited Conduct

In addition to the restrictions you agreed to in GigPoint’s Terms, you agree that any fraud, attempted fraud, suspected fraud, or abuse of the Program or these Program Terms is expressly prohibited and engaging in any of these activities will be grounds for immediate termination and disqualification from the Program and may lead to the forfeiture of all earned GigPoints.

4.2. Expiration

GIGPOINTS WHICH HAVE ACCUMULATED BY A PRE-ENROLLED PARTICIPANT WILL EXPIRE SIX MONTHS (180 DAYS) AFTER THE LAST GIGPOINT IS EARNED. UNLESS OTHERWISE PROHIBITED BY LAW, ALL ACCUMULATED GIGPOINTS IN YOUR ACCOUNT WILL AUTOMATICALLY EXPIRE IF FOR ONE HUNDRED EIGHTY (180) CONSECUTIVE DAYS YOU HAVE NOT EITHER (I) USED YOUR ACCOUNT TO PROPERLY EARN AND RECORD GIGPOINTS OR OTHERWISE HAD PROMOTIONAL GIGPOINTS AWARDED TO YOUR ACCOUNT (WHICH WE HAVE NO OBLIGATION TO AWARD), (II) PROPERLY CONVERTED GIGPOINTS IN YOUR ACCOUNT TO A POINT REWARD, OR (III) LOGGED INTO THE POINT PICKUP APP.

4.3. Discrepancies

If you believe there is a discrepancy with the number of accumulated GigPoints in your Account, you must notify us at the contact particulars below within sixty (60) days of the discrepancy date or it will be deemed correct.

4.4. Lost Point Trust Card or Compromised Accounts

Refer to the Banking Terms and Conditions sent to you upon creation of your Point Trust bank account to see information regarding your Point Trust Card or Compromised Accounts.

4.5. Member Communications

By creating an Account, you consent to receive electronic communications from GigPoint (e.g., via email, text, or by posting notices on the GigPoint App or Site). These communications may include notices about promotional events, your Account (e.g., payment authorizations, password changes, security concerns, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

4.6. Program Cancellation or Change

GigPoint reserves the right to change or modify the Program and these Program Terms at any time and in our sole discretion. We specifically reserve the right to amend or alter the Program, any Program benefit or award/reward or these Program Terms with or without notice. If we cancel or make changes to the Program and/or these Program Terms, we may provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Program Terms. By continuing to access or participate in the Program, you confirm your acceptance of the revised Program Terms and all of the terms incorporated therein by reference. We encourage you to review these Program Terms frequently to ensure that you understand the terms and conditions that apply when you access or participate in the Program. If you do not agree to the revised Program Terms, you may not access or participate in the Program. If GigPoint cancels the Program, it will provide at least sixty (60) days’ advance notice of the cancellation through a notification in the GigPoint App. You are responsible for checking the GigPoint App and the GigPoint Program section of the Site for updates about the Program. If GigPoint cancels the Program, all of your GigPoints and Point Rewards will automatically and immediately expire upon the effective date of cancellation. If no GigPoints are recorded in your Account for 366 consecutive days, you become bankrupt, commit fraud, misrepresent any information, violate any Terms, abuse your Program privileges or act in any other way to the detriment of us, our partners, our suppliers or the Program, we may, without affecting our other rights, disclose such information requested by proper authorities, terminate your enrollment and/or cancel your GigPoints or Point Rewards. If any GigPoints or Point Rewards are cancelled for any reason, they become void without compensation. GigPoint reserves the right, at its sole discretion, to cancel or suspend the Program without notice should a virus, bug or any other cause beyond the reasonable control of GigPoint corrupt the security or proper administration of the Program.

Any fraudulent, deceptive, unauthorized, or otherwise unlawful participation in the Program or use of the GigPoint Rewards, the Services, or your Account is strictly prohibited, and may result in immediate termination or disqualification from the Program and cancellation of your Account. The Point Trust Card is the property of GigPoint and may be revoked at any time by GigPoint in its sole discretion. Any unauthorized reproduction of the Point Trust Card may lead to legal prosecution and cancellation of your Account and the expiration of all accumulated GigPoints and Point Rewards.

IF YOUR ACCOUNT IS CANCELLED, ANY REMAINING GIGPOINTS AND POINT REWARDS WILL EXPIRE.

4.7. Your Choices

As part of the Program, you will have access to your Account on the GigPoint App or Site, which will provide information about your Account, including your accumulated GigPoints and Point Rewards, and your Account preferences. From the Account, you can update your profile information and can manage Account settings.

4.8. Disclaimers

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN GIGPOINT’S TERMS LOCATED AT WWW.POINTPICKUP.COM/GIGPOINTTERMS, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM, POINT TRUST CARD, OR ANY PROMOTIONAL EVENTS. OUR TOTAL LIABILITY TO YOU WITH RESPECT TO THE PROGRAM, PROMOTIONAL CONTESTS, AND CONTENT THEREIN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU SPENT QUALIFYING PURCHASES IN THE MOST RECENT TWELVE-MONTH PERIOD. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

4.9. Other

The Program is void where prohibited. Your accumulated GigPoints and any Point Rewards available for redemption are promotional in nature and cannot be sold, copied, shared, or transferred. No substitutions, assignments, or transfers of any Qualifying Purchases will be permitted. GigPoint’s decisions in connection with this Program are final and binding. GigPoint will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of GigPoint. Any provision of these Program Terms deemed unenforceable will be enforced to the maximum extent permissible, and the remainder of these Program Terms will remain in effect.

We reserve the right to impose volume limitations on some items, and to offer additional and/or different benefits to some members based on geographic location, participation in the Program, or other criteria determined by us.

Your Account, your Point Trust Card, and accumulated GigPoints and Point Rewards are personal to you, and may not be sold, transferred or assigned to, or shared with family, friends, or others, and may not be used for any commercial purpose.

The Program is subject to GigPoint’s Privacy Policy located at https://www.PointPickup.com/gigpointprivacy.

If you have any questions, comments or concerns about the Program or these Program Terms, you may contact us at the following address(es):

GigPoint LLC
P.O. Box 110441
Stamford, CT 06911

Part Three – GigPoint Wallet Terms and Conditions

About the GigPoint Wallet

The GigPoint Wallet (“Wallet”) is a service that allows users to earn GigPoints through the App or Point Pickup Driver App and use these funds to purchase goods and services through the App or at Hinda.com.

These Terms and Conditions (the “Wallet Terms”) are subject to, and made a part of, the Terms, and they apply to your access to the Wallet service. The Wallet Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. To the extent there is a conflict between the Wallet Terms and any other GigPoint terms applicable to you, the Wallet Terms will govern such conflict.

Unless otherwise required by law or provided in these Terms, the GigPoints value in your Wallet is nonrefundable. The GigPoints value in your Wallet does not earn interest.

  1. CREATING A WALLET

To be eligible to create a Wallet, you must be located within the United States.

Eligible persons can create a Wallet account by using our GigPoint Mobile App. Your Wallet is created upon the sign-in of the App. Your GigPoints balance and statement will be accessible for viewing at all times but may not reflect the balance in real-time. GigPoints can take anywhere up to 24 hours to calculate and appear in your balance and earnings statement.

  1. PROMOTIONS

We may, from time to time, in our sole discretion offer promotional programs associated with the Wallet. Each promotional program is subject to the Wallet Terms and may also be subject to additional terms associated with the promotional program. Please review these additional terms carefully and be aware that we reserve the right to modify them at any time without notice to you.

  1. RECEIPTS AND TRANSACTION HISTORY

You may access a receipt each time that you use your Wallet to purchase goods and services through the App or at Hinda.com. The receipt will identify your Wallet as the payment method and indicate the remaining prepaid value balance in your Wallet.

You may view your Wallet transaction history by viewing your Wallet in the GigPoint Mobile App. We will not mail you an account statement in connection with your Wallet. It is your responsibility to monitor your transaction history and account balance to detect clerical, billing or accounting errors, fraud and unauthorized transactions.

  1. BILLING ERRORS, CORRECTIONS

In the event that you believe we have made a clerical, billing or accounting error with respect to the value maintained in your Wallet, please contact us at rewards@gigpoint.com. We will review your claim and correct any error that we discover. If we do not find an error, we will provide support for our finding. We will have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.

  1. FRAUD AND UNAUTHORIZED TRANSACTIONS

Your Wallet account is intended to be used solely by yourself. You should not share your GigPoint Mobile App account username and password (“Login Credentials”) with any third party. You are solely responsible for maintaining the confidentiality and security of your GigPoint Mobile App Login Credentials.

If somebody else obtains your Login Credentials, they will be able to access and use your Wallet. You are responsible for all such transactions involving your Wallet, including fraudulent and unauthorized transactions.

If someone obtains unauthorized access to your Wallet, please notify us at rewards@gigpoint.com and we will place your account on hold to prevent further use of the value within your Wallet. The remaining balance in your Wallet is protected from the time you notify us. We will assist you with creating new Login Credentials so that you may use your remaining prepaid value.

End-to-End Order Management

Complete Order Transparency

Precision Matching Technology

Dynamic Order Handling

Flex Worker App

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Last-Mile Delivery

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