sayHola Loyalty Rewards Program
Important Note: Section 8 below contains a Binding Arbitration clause and a class action waiver. They affect your rights. Please read them.
If you do not agree to all of these Reward Program terms, please do not participate in this program, or if you are a current member, please terminate your membership.
1. ELIGIBILITY AND OVERVIEW
1.1 The sayHola Loyalty Program, “Program”, has been created for you by x Communications, and is only available to users of sayHola Phone App. Your participation in the Program is subject to all present and future sayHola terms and conditions, including the sayHola Loyalty Program Terms and Conditions (these “Program Terms”). These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with sayHola, including any agreement for products or services. Program Terms are void to the extent prohibited by law.
1.2 Participation in the Program is open to individuals and entities alike who are Registered users of sayHola. Accounts are limited to one (1) per user. Rewards Program participants do not have to be paid Premium users to join the Rewards Program, they can be basic users. Corporations, associations, or other groups may also participate in the Program. sayHola reserves the right to change the Program Terms at any time.
2.1 All users are eligible. Note, users who Register using a Sponsor name will be automatically registered into the Rewards Program. Those users, who when registering do NOT use a Sponsor name must request a Sponsor when Registering. This will ensure their enrolment in the Rewards Program. In the event of a dispute over ownership of an account, the owner will be deemed to be the holder of the phone number used when the account was opened. If the account is an entity, the beneficial owner of the entity will be the holder of the account.
2.2 Opening a rewards account may require personal information. You are solely responsible for maintaining the accuracy and privacy of your account information and for updating it as required. To redeem XRP Rewards (as defined below), you must have a myxpay.net account linked to your sayHola account.
3. PARTICIPATION AND BENEFITS
3.1 The Program exists so we may reward and thank our loyal users for participating in and/or making Program-related actions. Actions may require you to complete additional documentation. XRP (“Rewards”) are earned through a number of actions: 1. receiving advertising callOuts as an individual (must open and read) 2. receiving advertising callouts as an Affiliate Sponsor 3. receiving rewards back after participating vendor store purchase (s) 4. Blog sponsor Advertising and subscriptions. 5. Submitting notifications of “problems or bugs” users may find in our system. As an additional bonus, your Rewards can be used directly to purchase products via your myxpay.net account. sayHola may also, at its sole discretion, provide additional Rewards in connection with certain transactions and promotions. sayHola reserves the right to change the rewards program at their discretion.
3.2 Rewards earned through the Program have a money value of €0.40 (Euro) and can be redeemed either in whole or in part for money via the myxpay.net account system on an immediate basis. If you return items from a qualifying purchase or obtain Points through fraudulent or other activity that violates these Program Terms, the appropriate number of Points originally earned from such purchase or activity will be automatically deducted from your account balance. Rewards may be transferred to other myxpay.net account holders, or account holders may purchase Rewards to fund their accounts. In such cases, the XRP Rewards will only be available for use / redemption after a COMPLETE 5-BUSINESS DAY PERIOD. Attempts to circumvent the Program Terms will result in the potential suspension of the associated accounts.
3.3 XRP REWARD POINTS WILL EXPIRE UNDER THE FOLLOWING SOLE CONDITION: YOU ARE A BASIC USER AND YOU HAVE NOT USED YOUR SAYHOLA BASIC ACCOUNT FOR 90 DAYS AND YOU HAVE XRP IN YOUR WALLET. TO PROTECT YOUR XRP, YOU MUST MOVE YOUR REWARDS TO YOUR myxpay.net ACCOUNT. REWARDS IN myxpay.net DO NOT EXPIRE. You will receive an SMS message to your sayHola registered number informing you that your account will soon expire. This is the only notice you will receive.
3.4 This Rewards Program offers a series of answers to questions in the FAQ section. If there are any additional questions or concerns associated with your XRP Rewards, they should be directed to the following email: firstname.lastname@example.org. Your email must specify your name, contact information, and rewards number found at your myxpay.net account. The subject bar should contain your rewards number. Please, in the body of your email, detail your issues. We will deal with it promptly.
3.6 Users may redeem their XRP Rewards at any time by transferring them from their sayHola digital wallets to their myxpay.net accounts. At myxpay.net, XRP can be redeemed for money, used for purchasing, sent to synched user bank accounts, used for bill paying, or transferred to their myxpay Virtual Debit Cards VDC - if they have one. For users who don’t have a myxpay VDC, please apply at your myxpay.net account panel. Taxes on XRP Rewards may apply where required by law. You are solely responsible for any tax liability, including any disclosures, related to your participation in the Program, including upon receipt of XRP Rewards through transfers or redemptions.
3.7 sayHola reserves the right, at any time in its sole discretion and without notice to you, to change the Rewards Program in terms of how users earn XRP rewards and how sayHola evaluate eligible Reward transactions and other Program actions.
4.1 By joining the Rewards Program, you will be automatically subscribed to receive and you consent to receive Rewards Program messages through your sayHola account (s), including Program marketing emails from us and/or our associates, welcome messages, information messages, Program updates, and any such messages that relate to the Program.
4.2 You may opt-out of the Program at any time as set forth in Section 5.5 of these Program Terms; however, you may still receive messages relating to your account with sayHola.
5. TERMINATION AND MODIFICATION
5.1 The Rewards Program and its benefits are offered at sayHola’s sole discretion. We may, at our discretion, cancel, amend, modify, restrict, and/or terminate these Program Terms and/or the Program, or any aspect or feature of the Program, at any time without prior notice. Any such changes will not affect the XRP Rewards already generated in your sayHola wallet.
5.2 Your subscription to the Rewards Program may be revoked by sayHola, in its sole discretion, at any time. Any abuse of the Program; failure to follow any of these Program Terms; inactivity for more than three (3) months (see: 3.3); misrepresentation; or conduct that may be detrimental to sayHola or our interests may result in the revocation of your account and make you ineligible for further participation in the Program. If, in our sole discretion, we suspect fraud, misrepresentation, abuse, or violation of these Program Terms, we also have the right to take appropriate legal action.
5.3 If sayHola terminates the Program or your membership is revoked, any Points or Rewards in your account or available to you prior to such termination or revocation will automatically be transferred to your myxpay.net account. In this instance, your myxpay.net account may be suspended or terminated.
5.4 Qualifying purchases and actions, as reflected in sayHola’s records, shall be deemed correct, and sayHola reserves the right to determine the qualification for any transaction and to correct or modify the Reward at any time based on sayHola’s records.
5.5 If you decide you no longer want to be part of the Rewards Program, you may turn-off your access to receive callOuts through your Affiliate panel in the sayHola App. By doing so, you will no longer receive callOuts related to your interests you chose upon your Registration. If, at a later date you wish to return to the Program after cancelling your membership, you will be required to join the XRP Rewards Program available through your Affiliate panel. Just select a minimum of 10 categories and accept the terms of the Program.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
6.1 Neither sayHola nor its parent company, subsidiaries, affiliates, directors, employees, agents, partners, or licensors makes any representations or warranties of any kind whatsoever, express or implied, in connection with these Program Terms or any of the Rewards associated therewith, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose. We make no warranties that defects or errors will be corrected.
6.2 You agree that neither sayHola nor its parent company, subsidiaries, affiliates, directors, employees, agents, partners, or licensors will be responsible for or liable (in contract, warranty, or in tort (including negligence)) for any (a) interruption of business; (b) access delays or access interruptions to the Program; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction, or other modification; (d) loss or damages of any sort incurred as a result of dealing with or the presence of any third-party links on the Program site or use of any Reward of the Program; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of any sayHola site including during hyperlink to or from third-party websites; (f) any inaccuracies or omissions in Program content; or (g) events beyond our reasonable control, including without limitation any act of God, pandemic, epidemic, act of war, natural disaster, cyberattacks, terrorism, or any act or omission of a third party.
6.3 You agree that neither sayHola nor its parent company, subsidiaries, affiliates, directors, employees, agents, contractors, contractual partners, providers, or licensors shall be responsible to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other tangible losses (even if sayHola had been advised of the possibility of such damages), related to the Rewards Program or your participation therein, whether in contract, warranty, or in tort (including negligence) even if sayHola has been advised of the possibility of such damages, and in no event shall sayHola exceed the maximum aggregate liability for such claims beyond one hundred and twenty-nine dollars and ninety-nine cents (US$129.99).
6.4 You further agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, your participation in the Program, use of any Rewards or these Program Terms may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the Program, termination of your account is your sole remedy. We have no other obligation, liability or responsibility to you.
6.5 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. This Section 6 will survive termination of a Registered users participation in the Program.
7.1 You agree to defend, indemnify and hold harmless sayHola, its parent company, affiliates, subsidiaries, directors, employees, agents, partners, contractors, contractual partners, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorneys’ fees) made by any third party due to or arising out of your participation in the Program in violation of any law, rule, regulation, guideline, or these Program Terms, and/or your violation of any rights of another.
8. CHOICE OF LAW AND DISPUTE RESOLUTION
8.1 The Program and these Program Terms are governed by laws of the State of Wyoming, without regard to its conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts within Wyoming for any claims arising out of or relating to the Program or your participation therein or the Program site.
8.2 Any dispute, controversy, or claim related in any way to the Program, these Program Terms, your association to the Program, or the relationship between sayHola and you shall be submitted to confidential arbitration in Wyoming; except that, to the extent you have in any manner violated or threatened to violate sayHola’s intellectual property rights, sayHola may seek injunctive relief in any state or federal court in the State of Wyoming, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Program Terms shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
8.3 To the fullest extent permitted by applicable law, no dispute under these Program Terms shall be joined to a dispute involving any other party subject to these Program Terms, whether through class arbitration proceedings or otherwise. You agree that you may bring claims related to the Program, these Program Terms, your association to the Program, or the relationship between sayHola and you against us in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
10. CONTACT US
10.1 For more information please review the sayHola Rewards FAQ’s (see 3.4).
Effective as of May 25, 2018
Updated May 23, 2020
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