Last update: June 19, 2024

 

SNAPPOINTS TERMS AND CONDITIONS OF USE FOR MERCHANTS (“TERMS AND CONDITIONS OF USE”)

 

1. GENERAL

These Terms and Conditions of Use are by and between SnapPoints Inc. (“SnapPoints”, “we”, “us” and “our”) and merchants having a membership to our Services (“Merchant”), provided in the form of an integrated solution offered on our platform (the “Platform”), our website (the “Website”), our APIs and by interacting with our widgets available on the Merchant’s website (the “Widgets”) that tracks and allows consumers to earn, view, manage and redeem points (“Reward Points”) from certain connected loyalty programs (the “Loyalty Programs”) when completing transactions on Merchant sites (collectively, the “Services”).

“You” and “your” refers to you as an individual entering into these Terms and Conditions of Use on behalf of a Merchant that is a sole proprietor, or a corporation. You represent that you have the power to bind that legal person.

Merchant agrees to ensure compliance with these Terms and Conditions of Use by each employee, representative, consultant, contractor or agent who uses the Services on its behalf, or any individual who creates an account associated with such Merchant.

The Services are controlled, operated and administered by SnapPoints (or its licensees) from its offices within Barbados and are not intended to subject SnapPoints to the laws or jurisdiction of any state, country or territory other than those of Barbados. All persons who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. Merchants may be subject to export controls and are responsible for any violations, including without limitation any embargoes or other rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

2. UPDATES AND MODIFICATIONS

We reserve the right in our sole discretion to revise and update these Terms and Conditions of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform, Website, APIs and Widgets. Merchant agrees to periodically review the Terms and Conditions of Use in order to be aware of any such modifications, and its personnel’s continued use shall be evidence of its acceptance of any such modifications.

The information and material on this Website, Platform, APIs or Widgets may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform, Widgets, APIs or Website is restricted to users or unavailable at any time or for any period.

 

3. MEMBERSHIP AND FEES

Subject to Merchant’s compliance with these Terms and Conditions of Use and payment of all applicable fees, SnapPoints hereby grants the Merchant access to and use of the Platform, Website, APIs and Widgets in order to make the Services available on, or in connection with their website during the membership term (“Membership Term“). In the event that Merchant has not purchased points from SnapPoints to be used on or in association with the Platform for a period of twenty-four (24) consecutive months, the Membership Term will be deemed terminated.

 

Merchant agrees to pay all fees associated with the Services, as follows:

For EARN transactions:

1. SnapPoints and Merchant will establish an initial amount of money (the “Pre-paid Balance”) and a recharge automatic threshold (the “Threshold”).  The Pre-paid Balance will be remitted by Merchant to SnapPoints and must be replenished when the Threshold is reached.
2. Each Reward Point is attributed a specific value (the “Reward Cost”), which depends on the Loyalty Program and can fluctuate depending on factors such as the exchange rates of the base currency of each Loyalty Program and other applicable deductible fees.
3. The total Reward Points earned will be rounded down to the nearest whole Reward Point. Example: 4.725 Reward Points will be rounded down to 4 Reward Points earned and Merchant will only be charged for those 4 Reward Points.
4. When Reward Points are attributed pursuant to a transaction, the corresponding Reward Cost is deducted from the Pre-paid Balance.
5. In the event that Reward Points are not deposited by a user within the time frame specified by each Loyalty Program, Merchant may be credited for some or all of the value of such undeposited Reward Points.
6. In the event that a user deposits Reward Points subsequent to their transaction, and within the permissible delay indicated to them by email, Merchant may only be charged the previously agreed dollar amount upon such later deposit date. Once the Reward Points are deposited by a user, Merchant cannot modify the amount of Reward Points awarded.
7. In the event of any change relating to a transaction that has resulted in an accrual of Reward Points, any Reward Points earned on that transaction will be automatically adjusted. Merchant has the right to make any adjustments and correct any errors, for any reason, with or without notice, including if Reward Points have been erroneously earned or earned at an incorrect, higher earn rate, at any time before the Reward Points are deposited into a user’s Loyalty Program account.

For BURN/REDEEM transactions:

1. When a user makes a purchase on Merchant’s website, they may elect to redeem Reward Points to partially pay for their purchase.
2. SnapPoints attributes a dollar value to the Reward Points redeemed by the user. SnapPoints’ fees are built into the conversion shown to each user before the REDEEM transaction.
3. The dollar value attributed to the redeemed Reward Points will be credited to the Merchant Account.
4. The Merchant Account balance may be used to replenish the Pre-paid Balance or may be remitted to the Merchant on a monthly basis by wire transfer or Paypal.

 

4. ACCOUNTS SET-UP, INTERFACES, USE OF THE PLATFORM, APIS, WEBSITE AND WIDGETS, SECURITY AND RESTRICTIONS

Upon activation of the Services and set up of a Merchant Account, Merchant will have access to the Platform, Services, APIs, Website and Widgets, and will have the right to use SnapPoints’ rights associated with the Platform, APIs, Website and Widgets. Subject to SnapPoints’ approval of the Merchant Account’s activation, Merchant will have the right to use all necessary APIs and interoperability and communication functions required to allow consumers to access, or use the Services on, or connected with the concerned Merchant’s website, via Widget or otherwise. Merchants are responsible for ensuring interoperability of the SnapPoints solutions with Merchants’ websites following SnapPoints’ implementation guidelines.

Once the Merchant has access to the Services, a main Merchant account (the “Merchant Account”) must be created. Following this, Merchant’s personnel shall be permitted to create related Merchant personnel accounts (each an “Employee Account”). During such process, personnel may be asked to provide certain information, which may include their name, email address, login username and password. It is a condition of use of the Website and Platform that all the information provided is correct, current, and complete. Any username or password associated with the Website or Platform must be treated as confidential and must not be disclosed. Merchant agrees to ensure that each of its personnel creating an Employee Account provides correct and complete information and keeps all such information confidential and will inform us of any changes to the provided information of Merchant’s personnel. Merchant is responsible for all activities, charges, and liabilities made on or through the Merchant Account, or related Employee Accounts, whether or not authorized by Merchant. Merchant agrees to notify us immediately of any unauthorized access to or use of the Merchant Account, of an Employee Account, or any other breach of security.

The safety and security of information also depends on Merchant. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect information uploaded or used in association with the Platform, APIs, Widgets or Website, we cannot guarantee the security of such information transmitted to our Website, Widgets, APIs or Platform. Any transmission of any such information is at the risk of Merchant. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, Widgets, APIs or Platform. Additionally, Merchant is responsible for obtaining and maintaining all telecommunications, broadband, computer hardware, software, equipment and services needed to connect to or access the Services through the Merchant Account, or Employee Accounts.

Once Merchants have created their Merchant Account, they can apply to have their Merchant Account linked to a specific Loyalty Program. This process will differ from one Loyalty Program to another; some Loyalty Programs offer Merchant pre-approval while others will review the Merchant website prior to approval. Once a Merchant is approved to have a specific Loyalty Program linked with their Merchant Account, the concerned Loyalty Program may, at any time, upon its sole discretion and without any implication from SnapPoints, terminate the relationship between the Merchant and such Loyalty Program and deactivate the connection between the Merchant Account and the Loyalty Program. SnapPoints is not responsible and disclaims all liability resulting or relating to the relationship between the Merchants and the Loyalty Programs. For any questions related to this, Merchant should contact Loyalty Programs directly.

Merchants shall have the flexibility to attribute Reward Points and relative costs of the items on their website as per their internal policies and directives.

The creation of an account on our Platform or Website and any submissions made thereon through any functionality such as applications, chat functions, and e-mail, (collectively, “Interactive Functions“) shall be treated in accordance with our Privacy Policy, found at [www.snappoints.com/privacy].

All users of the Website, Widgets and Platform including, Merchant personnel are prohibited from attempting to circumvent or violating the security of the Website or Platform, including, without limitation: (a) accessing content and data that is not intended for user; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to other users, hosts, servers, or networks; (d) disrupting network services and otherwise disrupting our ability to monitor the use of the Website, Widgets or Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Website, Widgets or Platform for any purpose, including monitoring or copying any of the material on the Website, Widgets or Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website, Widgets or Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website, Widgets, APIs or Platform. Merchant agrees to ensure that all of its personnel are aware of the foregoing restrictions and agrees to develop or maintain internal guidelines prohibiting all of the foregoing restricted activities.

We reserve the right, at any time, to disable or terminate the Merchant Account, or any Employee Account and any associated username, password, or other identifier, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions of Use. If Merchant wishes to close its Merchant           Account, it may do so by sending us an email at help@snappoints.com. Please note that closure of a Merchant Account will result in the reimbursement of the remaining Pre-paid Balance within the ninety (90) days following closure of the Merchant Account.

 

5. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

 Merchant understands and agrees that the Website, Widgets, APIs and Platform, and their entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, audio, music, broadcast, design, presentation, layout, selection, and arrangement, are owned by SnapPoints or its licensors and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. All rights not expressly granted herein are reserved by SnapPoints.

SnapPoints’ company name, and all related names, logos, product and service names, designs, images, and slogans (the “Trademarks”) are owned by us, our affiliates or licensors and must not be used without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website, Widgets and Platform are the trademarks of their respective owners. Where required and subject to the Loyalty Programs’ consent towards each Merchant, SnapPoints hereby grants Merchants a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to use Loyalty Programs’ trademarks and branding solely in association with offering the Services on a Merchant site. Use of third party names, logos, product and service names, designs, images, and slogans in contravention of these Terms and Conditions of Use, or as otherwise expressly authorized shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Merchants shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, Widgets, APIs or Platform, in any form or medium whatsoever. Merchant shall not permit its personnel to modify copies of any materials from the Website, Widgets, APIs or Platform or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website, Widgets, APIs or Platform.

Any use of the Website, Widgets, APIs or Platform by Merchant or its personnel not expressly permitted by these Terms and Conditions of Use is deemed a breach thereof and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws. In such a case, Merchant’s right to use the Website, Widgets, APIs and Platform will cease immediately and any copies of the materials must, at our option, be returned or destroyed.

Through the Interactive Functions, Merchant’s personnel may send information or communicate with us, for example feedback, comments or suggestions (the “User Content”). Merchant is exclusively responsible for all User Content and the consequences of submitting User Content.

Merchant is responsible for obtaining all necessary consents, licenses and waivers required to use the Services, including those necessary to submit User Content through the Services. These may include consents, licenses and waivers from copyright, trademark and other intellectual property owners, and any other individuals involved in creating User Content.

As between Merchant and SnapPoints, Merchant owns all User Content and Merchant hereby grants us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable license to use, host, run, reproduce, process, adapt, translate, modify, publish, transmit, distribute and display this information and incorporate this information into our Services, the Website, the Widgets, the APIs or the Platform, as the case may be. Merchant agrees to obtain waivers of moral rights in and to that information. We do not verify the accuracy, quality, content or legality of User Content. We may, but are under no obligation to, review, analyze, filter, edit, block or remove any User Content. We are not responsible for preventing or identifying infringement of intellectual property rights or non-compliance with applicable laws. SnapPoints will not be liable, directly or indirectly, in any way for any damage or loss caused or alleged to be caused by or in connection with User Content.

Merchant is responsible for ensuring that its personnel do not upload or use in connection with the Services any prohibited content including content that: (i) contains graphic or gratuitous violence; (ii) conveys a message of hate against any individual or group; (iii) encourages or glorifies illegal drug use; (iv) is predatory in nature, or is submitted for the purpose of harassment or bullying; (v) is highly repetitive and/or unwanted including “Spam” messages; (vi) promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (vii) constitutes or promotes information that is known to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (viii) promotes criminal activity or provides instructional information about illegal activities; or (ix) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these provisions including removing the offending content without prior notice, terminating or suspending the Merchant Account or concerned Employee Account, or general access to the Services and/or reporting such content or activities to law enforcement authorities.

 

6. SNAPPOINTS’ MERCHANT MALL

If Merchant has opted to be featured in the SnapPoints’ merchant mall feature (the “Merchant Mall”), Merchant understands that SnapPoints will share and divulge to the users access to the Merchant Mall where they can see the list of other Merchants who have also opted for the Merchant Mall and where they can also earn Reward Points, as well as URL links to such other Merchants’ websites.

 

7. MERCHANT DATA

SnapPoints may acquire or transfer data pertaining to Merchant, its sales figures, consumer transactions, and its personnel in connection with Services including, in certain cases, personal information initially collected by Merchant, of which Merchant is a controller under privacy and data protection laws (“Merchant Data”).

SnapPoints agrees to only use such Merchant Data in connection with the Services as outlined in its Privacy Policy [www.snappoints.com/privacy], and in compliance with applicable laws.

Merchant is solely responsible for obtaining all necessary rights, releases and consents (including consents from individuals under privacy and data protection laws) to allow Merchant Data to be collected, used and disclosed in the manner contemplated by these Terms and Conditions of Use or our Privacy Policy. We rely on each Merchant to obtain all necessary consents from, and provide all disclosures to, its customers and personnel, as the case may be, as required under applicable laws.

In light of the foregoing, Merchant hereby represents and warrants that, (i) it has obtained all necessary rights, releases and consents from Merchant’s customers, personnel and other third parties to allow Merchant Data to be used and transferred to SnapPoints, as required to provide the Services; (ii) the use and transfer to SnapPoints of such Merchant Data does not violate applicable laws or the rights of any individual; (iii) it has conducted all necessary assessments including, privacy impact assessments as required by applicable laws prior to transferring any such Merchant Data that can be qualified as personal information; (iv) it will clearly post, maintain, and abide by publicly accessible privacy notices on the digital properties from which the underlying data is collected that satisfies the requirements of applicable privacy and data protection laws; (v) it will provide and obtain all notices and obtain all necessary consents required by applicable privacy and data protection laws to enable us to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of consumers in accordance with and as described in our Privacy Policy; (vi) it will not, and will not permit its personnel to use the Platform, Widgets, APIs and Website to send emails or other electronic messages without the consent of the recipient, in all cases in compliance with anti-spam laws; and (vii) all measures and safeguards outlined in our Privacy Policy are sufficient and satisfy Merchant’s requirements regarding our use and processing of any Merchant Data that can be qualified as personal information.

Merchant hereby authorizes us to respond, at our discretion, to any requests we receive from Merchant’s customers made under privacy or data protection laws, or, alternatively, us to direct any such contacts to Merchant.

If SnapPoints must engage a sub-processor in relation to the Merchant Data that can be qualified as personal information, it shall enter into agreements with such sub-processors obligating them to abide by terms equivalent to those herein.

SnapPoints will, at its own expense, take all reasonable steps necessary to investigate, contain, and mitigate an actual or suspected security breaches or other incidents affecting the confidentiality, integrity, and availability of Merchant Data that can be qualified as personal information (“Incident”).

SnapPoints will provide notice to Merchant within 72 hours after becoming aware of an Incident. In that notice, we shall explain or provide: (1) the nature of the Incident (including the categories and number of affected individuals and data categories); (2) the name and contact details of an individual at SnapPoints who can provide additional information regarding the Incident; (3) the measures taken or proposed to address the Incident, including steps to mitigate adverse effects; and (4) any information required by Merchant to fulfill its notification obligations under applicable laws.

SnapPoints will promptly return to Merchant and/or destroy or anonymize Merchant Data upon the termination or expiration of the Membership Term, whichever is earlier, except to the extent we are required by law to retain such data. If Merchant Data has been anonymized, it is no longer possible to identify an individual directly or indirectly from the Merchant Data, as this is an irreversible process.

 

8. EXCLUSIVITY AND NON- SOLICITATION

During the Membership Term, other than the Loyalty Programs, Merchants are not permitted to promote any other loyalty program offering consumers miles or points, on any property used in relation to their business, Merchant website, or in relation to the use of the Platform without SnapPoints written consent.

During the Membership Term and for twenty-four (24) months thereafter, Merchants agree that they shall not directly or indirectly solicit, induce, or attempt to solicit or induce, or enter into business relationships with the Loyalty Programs.

 

9. NON-RELIANCE

The content on our Website, Widgets and Platform is provided for general information purposes only. It is not intended to amount to advice to be relied on, and it is Merchant’s responsibility to determine whether the Services meet its requirements. SnapPoints will not be liable if the Services do not meet Merchant’s requirements.

Although we make reasonable efforts to update the information on our Website, Widgets and Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content thereon is accurate, complete, or up to date. Merchant and its personnel’s use of the Website, Widgets, APIs and Platform is at their own risk and neither SnapPoints nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for the use of the Website, Widgets, APIs or Platform.

 

10. THIRD PARTY CONTENT AND SITES

The Website, Widgets and Platform may provide links or pointers to third-party sites; for example, sites of Loyalty Programs or SnapPoints’ sub-processors. We make no representations about any other websites that may be accessed from our Website, Widgets or Platform. Access to these sites are at Merchant’s risk. We have no control over the contents of any such third-party sites and accept no responsibility or liability for such sites or for any loss or damage that may arise. Merchants shall be subject to any terms and conditions of such third-party sites.

 

11. DISCLAIMER OF WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY

MERCHANT UNDERSTANDS AND AGREES THAT ACCESS TO AND USE OF THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THAT WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, TITLE, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, SNAPPOINTS DOES NOT WARRANT THAT THE SERVICES WILL MEET MERCHANT’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES NOT SET OUT IN THE DOCUMENTATION, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Merchant shall indemnify, defend and hold harmless SnapPoints and its affiliates, licensors and partners and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns (“Indemnified Parties“) from and against any claim, demand, or proceeding brought by a third party against the Indemnified Parties relating to (i) User Content; (ii) actual or alleged violation of these Terms and Conditions of Use; or (iii) actual or alleged violations of applicable law, including any violations of Merchant’s obligations to any person.

TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER FOR ANY: (I) LOSS OF USE, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES; (II) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA; OR (III) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, PUNITIVE OR EXEMPLARY DAMAGES.

THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY NOTWITHSTANDING: (I) THE APPLICABLE LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, (II) WHETHER THE APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND (III) ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY.

 

12. GENERAL

Force Majeure – We will not be responsible for failure or delay in our performance of the Website, Widgets, APIs or Platform due to causes beyond our control, including labor disputes, strikes, wars, riots, terrorism, criminal acts of third parties, acts of God or governmental action.

Governing Law and Choice of Forum – These Terms and Conditions will be governed by and construed in accordance with the laws of Barbados applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule.

Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including its formation, interpretation, breach, or termination, shall be settled by arbitration administered by the Arbitration and Mediation Court of the Caribbean, in accordance with its rules and procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted by three arbitrators appointed in accordance with the applicable rules and procedures. The place of arbitration shall be Bridgetown, Barbados. The language of the arbitration shall be English. The parties shall have the right to participate in the selection of the arbitrators. Each party shall bear its own costs of arbitration, including any legal fees and expenses incurred. However, the prevailing party may be entitled to recover its reasonable attorneys’ fees and costs from the other party.

Notwithstanding anything to the contrary in this Agreement, either party may seek injunctive or other equitable relief from any court of competent jurisdiction to prevent irreparable harm or to preserve the status quo pending resolution of any dispute, controversy, or claim subject to arbitration under these Terms and Conditions. The pursuit of injunctive relief shall not be deemed a waiver of the right to arbitrate any dispute.

Waiver – No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions of Use may be construed as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability – If any term or provision of these Terms and Conditions of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement – These Terms and Conditions of Use and our Privacy Policy constitute the sole and entire agreement between Merchant and SnapPoints regarding the use of the Services, Website, Widgets, APIs and Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact – This website is operated by SnapPoints. Misuse of the Website, Widgets, APIs or Platform must be reported to SnapPoints at help@snappoints.com. All other feedback, comments, requests for technical support, and other communications relating to the Website, Widgets, APIs and Platform should be directed to help@snappoints.com.