TERMS OF SERVICE
This agreement is in effect as of 4/21/2023. PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT Au Points and Awards Consulting Services, LLC OFFERS.
- “Seller”, AuPACS”, “us” and “we” are references to the owner of this website, Au Points and Awards Consulting Services, LLC.
- “Buyer”, ‘customer,” “you” and “your” are references to the user or viewer of this website and purchaser of the Goods and Services from us;
- “Goods” means the items specified in the Seller’s invoice;
- “Services” means the items listed on the Services section below;
- “Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods and Services on aupacs.com which incorporates this User Agreement;
- “Website” and “Site” means the aupacs.com website and all related content and mobile applications;
- “Materials” means the information, resources, services, products, and tools we provide for you, either directly or indirectly through this Site.
This User Agreement may change at our discretion at any time and without prior notice. All orders and purchases made through this Website are governed by this User Agreement. The purchase of merchandise through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Website in accordance with the laws of the jurisdiction of their residence. This User Agreement applies to the purchase of Services and Goods from aupacs.com only.
AuPACS products are for sale strictly to individuals 18 years of age and older. Misrepresentation of a Buyer’s age is not the responsibility of the Seller.
3.1 Description. For each package of products and related services that AuPACS makes available to its customers, AuPACS has prepared and published a specification (each a “Service Description”). The Service Descriptions are provided below:
AuPACS Lite: Initial phone consultation, ongoing email support (phone support when making bookings), award booking services (2 one-way or round-trip bookings per year with a maximum of 2 people per booking), one-time usage of Your Credit Card Plan (a deliverable containing personalized credit card recommendations unique to each customer), seat selection support, credit card optimization and timing, credit best practices, and tool(s) to manage credit card records.
AuPACS Plus: Initial phone consultation, ongoing email support (phone support when making bookings), award booking services (4 one-way, round-trip, and complex/multi-city bookings per year with a maximum of 4 people per booking), one-time usage of Your Credit Card Plan (a deliverable containing personalized credit card recommendations unique to each customer), customized loyalty program advice, award flight alerts (upon request from clients), flight upgrade alerts (upon request from clients), seat selection support, hotel award booking services (4 hotel award reservations per year strictly booked with points only), credit card optimization and timing, credit best practices, tool(s) to manage credit card records, and miscellaneous credit card rewards support services (to be determined by seller).
AuPACS Pro: Initial phone consultation, ongoing phone and email, award booking services (cash and points bookings per year with a maximum of 6 people per booking), usage of Your Credit Card Plan (a deliverable containing personalized credit card recommendations unique to each customer), customized loyalty program advice, award flight alerts (upon request from clients), flight upgrade alerts (upon request from clients), seat selection support, hotel award booking services (hotel award reservations per year booked with points or cash), hotel award alerts (upon request from clients), credit card optimization and timing, credit best practices, tool(s) to manage credit card records, and miscellaneous credit card rewards support services (to be determined by seller).
3.2 Changes to Services. We may modify our Services and the corresponding Service Descriptions from time to time. Please refer to the Site for the most current Service Descriptions. AuPACS may also send an email notice of the change to its affected customers.
3.3 Resale. If you have received written permission from AuPACS to resell all or part of the Services that you are receiving pursuant to this User Agreement, you are responsible for providing support to your clients. If AuPACS is contacted directly by any such client, AuPACS may suspend all or part of the Services that it is providing to you. If AuPACS does so, AuPACS will give you notice of the suspension and the reason for the suspension. Once you have satisfied AuPACS that you have taken reasonable steps to inform your clients that they are to contact you for support and to ensure that you are providing that support, AuPACS will lift the suspension. There is no abatement of Service fees owed to AuPACS during any such suspension. Furthermore, any acts and omissions of your clients that would be breach this User Agreement had they been your acts or omissions are your responsibility and will be treated as if they are your acts and omissions.
3.4 Additional Services. Any additional services related to the Services that are requested by you and that AuPACS in its sole discretion provides (“Additional Services”) are deemed to be Services provided pursuant to this User Agreement, and they will be provided at AuPACS’s then-current rates.
- FAQs. AuPACS maintains a list of frequently asked questions and technical support articles relating to the Services on the Site.
- Technical Support. AuPACS will provide technical support relating to the Services via its help desk. The help desk can be reached by [email protected] or +1-833-428-7227.
- Assistance. AuPACS will use commercially reasonable efforts to resolve each problem reported to AuPACS’s help desk. When you report a problem to AuPACS’s help desk, you will provide: (i) any assistance reasonably necessary to allow AuPACS to verify and resolve that problem; and (ii) all information that you are reasonably able to provide with respect to any problem.
- YOUR ORDER
Please read the following carefully about placing an order for Goods or Services on aupacs.com
- In order to make purchases through the Website, the Buyer will be requested to register and provide personal details. In particular, Buyers must provide their real name, phone number, email address, date of birth and other requested information as indicated.
- When ordering items, you as the Buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
- When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in this User Agreement.
- All orders are subject to acceptance and availability. We reserve the right not to accept the Buyer’s order in the event, for example:
- we are unable to obtain authorization for payment; or
- the item ordered is out of stock; or
- we are unable to take on more Service orders due to limited resources; or
- the order placed is incomplete or inaccurate due to technical or other reasons beyond our control.
In such case an order placed by Buyer will not be accepted and the Contract between Buyer and Seller will not be formed.
- Once a choice has been made and the order has been placed, the Buyer will receive an introductory email acknowledging the details of the order. This email is NOT an acceptance of the order. Unless the Buyer cancels the order in accordance with our Cancellation policy, acceptance of the order and completion of the Contract between Buyer and Seller will be perfected when we send an email to you confirming acceptance of your order.
- PRICE AND PAYMENT
5.1 Prices shown on the Website are in U.S. Dollars (USD). All prices and offers remain valid and as advertised from time to time. The price of a Goods or Service displayed on the Website at the time the order is accepted will be honored.
5.2 Fees. The fees and/or rates applicable to any Service are set out in the online order form for the Service (the “Fees”). PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. Otherwise, AuPACS will give you at least 30 days prior written notice of any increase to the Fees.
5.3 Promotions. From time to time, AuPACS may offer its Services to new or existing clients at discounted or promotional rates. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form used that you used to order the Service.
5.4 Expenses. Unless expressly set out otherwise in an applicable Service Description, you will reimburse AuPACS for all fees or other related expenses incurred by AuPACS in relation to any third-party service described in the applicable Service Description.
5.5 Payment of Fees. AuPACS accepts payment by Stripe. Available payment types may vary from region to region.
5.6 Advance. Payment for Services is in advance. When you order a Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid.
5.7 Additional Services. Fees for Additional Services, applicable taxes and reimbursable expenses are due at the end of the month in which they are incurred.
5.8 Automatic Charging. When AuPACS is entitled in accordance with this User Agreement to any Fees, applicable taxes or expenses, such amounts will be automatically charged to the payment method that AuPACS has on file for you and you authorize AuPACS to do this. AuPACS will send an invoice for these amounts to the email address that it has on file for you before doing so.
5.9. Chargebacks. Please note that should any amount that you pay by your designated payment method be charged back to AuPACS, you will incur an additional Fee.
If the payment is not received by the due date AuPACS may restrict, suspend or terminate the affected Services and the overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12%) or the maximum rate permitted by law, whichever is less. Further, AuPACS shall be entitled to recover its collection costs, including legal fees and expenses.
- NOTICE. Any notice or other significant communication given to you pursuant to the User Agreement will be in writing, addressed to any email address or address that you provided to AuPACS we have on file for you and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to AuPACS pursuant to the User Agreement will be in writing and sent to AuPACS at the address then listed on the Site in the Contact Us section by nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by Au Points and Awards Consulting Services to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid.
AuPACS charges and collects in advance for use of the consulting service. All services rendered are non-refundable.
All subscriptions monthly and yearly renew automatically on their due renewal date according to date of purchase until officially cancelled in writing.
Customers will receive an email from AuPACS confirming that their subscription has been cancelled.
Important: Due to increasing processing fees, late cancellations made by customers after their renewal date will result in a 5% late cancellation fee.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the customer is responsible for payments of all such taxes, levies, or duties.
Customers have the ability to upgrade or downgrade their subscription plan for the consulting service at any time. For any kind of upgrade or downgrade in subscription, customer has to write to [email protected]. With regards to downgrades on a subscription, AuPACS does not issue refunds or credits for partial months of service.
- SUSPENSION AND TERMINATION
8.1 Suspension. AuPACS may, in its sole discretion, restrict, suspend, or terminate the Services, without prior notice to you. If you are given an opportunity to demonstrate to AuPACS’s satisfaction that you have taken steps to prevent misconduct or violation of the User Agreement, we will lift the restriction, suspension, or termination. AuPACS will give you a minimum of 1 day notice of any suspension, restriction, or termination. Whether or not a restriction affects your access to your Services is in AuPACS’s sole discretion.
8.2 Termination By You. You may terminate any Service at any time by sending us an email or calling the customer service number listed on this Site. PLEASE NOTE: Subject to section 5.6, any amounts paid in advance for Services will not be refunded.
8.3 Termination By Us. Au Points and Awards Consulting Services may terminate any Service by giving you at least 1 day written notice of the termination date. Au Points and Awards Consulting Services may, in its sole discretion, terminate this Agreement immediately and without prior notice to you including:
if you breach section 5 (PRICE AND PAYMENT) ;
if you breach section 11 (RESPONSIBLE USE AND CONDUCT) and do not cure that breach within 10 days of the breach; or
if you breach any other section of these User Agreement and do not cure that breach within 15 days.
9.1 AuPACS may change the User Agreement from time to time and at any time. When AuPACS changes the User Agreement, AuPACS will post the updated version of the User Agreement on the Site together with the date on which it was revised.
9.2 AuPACS may, but is not obliged to, ask you to actively confirm your consent to the revised User Agreement. If AuPACS does not do so, but you continue to use the Services or Site after the changes come into effect, you will be deemed to have agreed to abide by the revised User Agreement.
9.3 AuPACS reserves the right, in its sole discretion, to change or modify the Site from time to time.
- 10. OPT-IN OPT-OUT POLICY
Users of this Site may access, amend or delete any data filled in on the registration form at any time; either in writing, or via email at [email protected].
- RESPONSIBLE USE AND CONDUCT
By visiting this Website and accessing the Materials, you agree to use these Materials only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You hereby agree that:
- Any warranty, express or implied, shall be voided by improper use.
- In order to access our Materials, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Materials. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Materials. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Materials by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Materials through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Materials, including the servers and/or networks to which our Materials are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Materials is strictly prohibited.
- You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on this Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any AuPACS employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- LIMITATION OF WARRANTIES
By using this Website, you understand and agree that all Services and Materials we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- i) the use of our Goods, Services and Materials will meet your needs or requirements.
- ii) the use of our Goods, Services and Materials will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Materials will be accurate or reliable, and
- iv) any defects in the operation or functionality of any Materials we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- v) any content downloaded or otherwise obtained through the use of our Materials is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- vi) no information or advice, whether expressed, implied, oral or written, obtained by you from AuPACS or through any Materials we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
vii) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE PRODUCT WARRANTY, AuPACS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THIS WEBSITE OR AuPACS PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AuPACS OR THROUGH ANY AuPACS PRODUCT OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
viii) AuPACS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND AuPACS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to indemnify, defend, and hold harmless AuPACS and its parent company, subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of this User Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
- LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of Goods and/or Services. AuPACS will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Goods, Services and/or Materials, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
- INTELLECTUAL PROPERTY
All content and materials available on AuPACS, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of AuPACS, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by AuPACS.
- GOVERNING LAW
This Website is controlled by Au Points and Awards Consulting Services from our offices located in Los Angeles, California, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, USA, by accessing our Website, you agree that the statutes and laws of California, USA, without regard to the conflict of laws, will apply to all matters relating to the use of this Site and the purchase of any products or services through this Site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
In the event of any dispute with AuPACS, you agree to first contact us via email at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that AuPACS has not been able to resolve a dispute it has with you after ninety (90) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with this User Agreement, shall be settled by arbitration in Los Angeles, in accordance with the Commercial Arbitration Rules of the American Arbitration Association] and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall pay its own costs and fees associated with attorneys, the expenses of its witnesses and all other expenses associated with presenting its case; however, you and AuPACS agree that, except as may be prohibited by law, the arbitrator may in his or her discretion, award reasonable attorney’s fees to the prevailing party.
Nothing in this section shall be deemed as preventing AuPACS from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
18. ENTIRE AGREEMENT