THAI World Shopping Terms & Condition



1. Access to THAI World Shopping

1.1 THAI World Shopping

THAI World Shopping is part of the reward program of THAI AIRWAYS. The use of THAI World Shopping is exclusively for THAI AIRWAYS’ customers and eligible ROYAL ORCHID PLUS members (“MEMBER or MEMBERS”) who are aged 18 or older, and who can enter into legally binding agreements. The rules relating to the use of THAI World Shopping are set out below and should be read in conjunction with the ROYAL ORCHID PLUS Terms of Use.

1.2 Acceptance of Terms & Conditions

By accessing THAI World Shopping website (“Site”) or any website linked to the Site and making transactions through the Site, specifically by clicking the "I AGREE" and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the rules applicable to THAI World Shopping and THAI World Shopping Privacy & Cookies Policy.

1.3 Acceptance of Electronic Communication

The independent merchants in THAI World Shopping (see further below) may send email service communications, including purchase confirmation emails, and you agree that such electronic communications satisfy any legal requirements that such communications be in writing. Service communications cannot be opted out of and therefore if you do not wish to receive these communications, you will not be able to redeem ROYAL ORCHID PLUS Miles (“Mile or Miles”) or make any purchases using the Site.

1.4 Redemption Types

You can redeem Miles in accordance with the following redemption types: Buying

1.5 Relationship between You and the Merchant

The rewards consist of any goods or services purchased by you and sold and distributed by independent merchants who make available such rewards directly to you via THAI World Shopping.

Every time you purchase a reward via THAI World Shopping, you directly enter into an agreement with the respective merchant. THAI AIRWAYS only provides the access and the technical platform for you to redeem rewards directly from the merchant. You agree and acknowledge that separate terms and conditions of the relevant merchant will apply to any reward redemptions via THAI World Shopping. You agree to abide to such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claim for damages. THAI AIRWAYS will not become a party to the transaction between you and the merchant. You should read the terms and conditions of the respective merchant on the Merchant Details tab as you will need to accept that merchant’s terms and conditions prior to redeeming any reward.

1.6 Use of THAI World Shopping

You may only use THAI World Shopping to make non-commercial, legitimate reservations or reward purchases or benefit from other redemption types and shall not use the Site or THAI World Shopping for any other purposes, including making any speculative, false or fraudulent reservations or reward purchases or other reward redemptions. Rewards on THAI World Shopping are subject to availability at the time you place the purchase order. By accessing and/or using THAI World Shopping, you authorize THAI AIRWAYS to consider any person using your information a legitimate user. Rewards can be redeemed only by the MEMBER personally. MEMBERS/legal guardians must ensure that the login details are not used illegally. THAI AIRWAYS bears no responsibility for any consequences of illegal use of the personal details. THAI AIRWAYS reserves the right to refuse access to the Site in cases it deems constitute misuse.

1.7 Restriction on Use

THAI AIRWAYS will not be held responsible for the exclusion of MEMBERS who use THAI World Shopping unlawfully.

2.Customer Service

For questions related to any product purchased in THAI World Shopping or to your order, please contact the relevant merchant. For general questions related to THAI World Shopping itself and the redemption types, please contact us.

3. Redemption Types

Buying

Through this redemption type, you can purchase rewards from merchants in exchange for Miles, or a combination of Miles and cash by debit card or credit card. For each transaction, the use of at least one Miles is mandatory. Please see section 4 below for further details.

4. Reward Payment

4.1 General

When purchasing rewards via THAI World Shopping, you can pay for such rewards either with Miles, or with any combination of Miles and cash (by debit card or credit card).

4.2 Payment with Miles

You may purchase a reward for such amount of Miles as indicated for each reward in THAI World Shopping, provided that you have sufficient Miles available on your account at the time of purchase. Miles that are not yet accrued and credited to your account at the time you place the purchase order are not available for reward purchase. Should you not have sufficient Miles available at your account at the time of the purchase, or should you prefer to pay only part of the reward Miles, you may pay the difference in cash (by debit card or credit card) in accordance with these terms and conditions. Miles are deducted from your account as soon as a reward is purchased.

4.3 Payment by Payment Card or Credit Card

You may pay part of the reward price in cash by debit card or credit card. For payments by debit card or credit card, a secure Credit Card Internet Gateway Service (with for example 3D Secured) is used. The communication with the payment gateway happens via https. The amount as indicated in THAI World Shopping for the respective reward will be collected on behalf of the merchant.

4.4 Conversion Ratio

The amount of Miles necessary for the purchase of a particular reward is as specified on the Site, which may be subject to change at any time without notice to you. The number of Miles for a purchase can differ from reward to reward.

4.5 Conversion into Cash

The conversion of Miles into a cash amount and the payment of such cash amount to you or any similar transaction is not possible, not even in the case of the return of a reward or the refusal of access to THAI World Shopping.

4.6 Reclaim of Miles

Any rewards purchased by you with Miles that have not been properly debited to your account can be reclaimed by THAI AIRWAYS at any time without compensation.

5 Shipping, Handling and Return of Rewards

5.1 General

Regarding shipping, handling, returns or other delivery related matters such terms and conditions as set out in the relevant Merchant Details tab on THAI World Shopping are exclusively applicable.

5.2 Shipping

Rewards are sent only to the address explicitly provided with a specific reward order. Delivery dates cannot be guaranteed and THAI AIRWAYS does not assume any liability for failed deliveries caused by incorrect addresses, absence of the recipient, customs issues, force majeure or other reasons not under reasonable control of THAI AIRWAYS. Please contact the merchant in case of non-delivery of the reward beyond the estimated delivery time stipulated on the order confirmation page. Any non-delivery claims received later than 3 months from order date can no longer be processed.

5.3 Fees & Taxes

The prices on THAI World Shopping include all taxes and shipping and handling fees of the merchant unless otherwise specified. Nevertheless, for some rewards, you may be charged and may bear in addition local duties and taxes such as for example VAT and/or luxury or customs taxes depending on your local jurisdiction. Please check with your local customs authorities prior to ordering a reward.

5.4 Withdrawal Period

Where required by applicable law, merchants give a 14-day withdrawal period dating from the day on which you received the reward. The withdrawal period shall however always comprise at least 7 working days from the day on which you received the reward. During this period, you have the right to withdraw from the purchase by notifying the merchant and returning the unused and undamaged products in original packaging within 14 days of notifying the merchant to the merchant's address. Rewards returned thereafter can no longer be considered for refund or exchange nor can the Miles be refunded unless specified otherwise. There may be no withdrawal period for perishable or customized items or for digital downloads – please refer to the Merchant Details tab on THAI World Shopping for more details.

5.5 Return Handling

In case a merchant grants a return period that exceeds any legally required withdrawal period, such terms as set out in the relevant Merchant Details tab in THAI World Shopping are exclusively applicable. In case of (i) returns in accordance with the applicable terms and conditions of the relevant merchant, or (ii) unsuccessful delivery due to your actual fault (e.g. insufficient or incorrect delivery address or no physical acceptance of reward at delivery address) you may be charged with incurred credit card fees, additional shipping and handling fees, and any other taxes and expenses in connection therewith. You may be required to pay these charges in Miles equivalent or cash (by debit card or credit card), depending on the nature of the original redemption transaction.

5.6 Guarantee Period

In case of an existing fault in a reward, such guarantee periods, if any, as set out in the relevant Merchant Details tab are exclusively applicable.

5.7 Refund policy for points collected on orders placed

Certain transactions on THAI World Shopping are eligible for Miles credit, as indicated on the Site. In case a transaction is reversed or cancelled, for whatever reason, and THAI AIRWAYS has not been able to reclaim Miles that have been credited to you, THAI AIRWAYS reserves the right to deduct the value of any Miles credited to you from any cash amount due to be refunded to you after cancellation or reversal of a transaction.

6. Personal Information

6.1 Processing of Personal Information

We process personal information as required to operate the ROYAL ORCHID PLUS program as explained in our ROYAL ORCHID PLUS Terms of Use and Privacy Notice.

6.2 Confidentiality of Credentials

Access to and use of password protected and/or secure areas of THAI World Shopping is restricted to authorised persons only. Unauthorized individuals attempting to access these areas of THAI World Shopping may be subject to prosecution. You are responsible for maintaining the confidentiality of your credentials, including your account and password, and for restricting access to your computer to prevent unauthorised access to THAI World Shopping. You agree to accept responsibility for all redemption and other activities that occur under your account or password. You should take all necessary steps to ensure that the credentials are kept confidential and secure and should inform THAI AIRWAYS immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

7. Limitation of Liability

7.1 Contracting Party

When purchasing rewards through THAI World Shopping, you enter into a purchase agreement with the relevant merchant of the product, and not THAI AIRWAYS. You expressly acknowledge and agree that merchants are independent contractors and not employees or agents of THAI AIRWAYS. THAI AIRWAYS is not liable for the acts, errors, omissions, representations, warranties or negligence of the merchants. THAI AIRWAYS shall not be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by the merchant on any reward items. As far as permissible by applicable law, THAI AIRWAYS hereby disclaims any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the rewards provided by any merchant through THAI World Shopping, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such merchant and you hereby expressly exonerate THAI AIRWAYS from any liability with respect to the same. To the extent permitted by law, THAI AIRWAYS exclude all liability to you or other person of whatsoever nature in respect of any negligence, willful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a merchant.

7.2 No Warranty

THAI AIRWAYS does not warrant or represent that the content on the Site or any website linked to the Site is complete or up-to-date. THAI AIRWAYS is under no obligation to update any content on the Site. THAI AIRWAYS may change the content on or make improvement or changes of the Site at any time without notice. The information, products, and descriptions of rewards and other services published on the Site or a linked site may include inaccuracies or typographical errors, and to the extent permitted by law, THAI AIRWAYS specifically disclaims any liability for such inaccuracies and errors.

7.3 Limitation of Liability

You agree that THAI AIRWAYS and its affiliates and any of its respective officers, directors, employers, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or THAI World Shopping, or with the delay or inability to use the Site or a linked site, even if they have been made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labor problems or any force majeure. THAI AIRWAYS cannot and does not guarantee continuous, uninterrupted or secure access to the Site or THAI World Shopping.

7.4 Legal Remedies

THAI AIRWAYS reserves the right to seek all remedies available at law and in equity for any misuse of the Site or THAI World Shopping and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing THAI World Shopping.

8 Subcontracting

THAI World Shopping is operated by Loylogic on behalf of THAI AIRWAYS, and payment card transactions are processed by Loylogic Inc, Seestrasse 78, 8703 Erlenbach, Switzerland, on behalf of THAI AIRWAYS. The Loylogic parties are not a party to any contract with you and/or with a Merchant in relation with THAI World Shopping. You expressly acknowledge and agree that neither of these parties will have any liability to you to the maximum extent permitted by law, and, in particular, that the limitation of liability under sec.7 above will apply as between you and any of these parties to their benefit.

9. Copyrights and Trade Marks

The trademarks, logos and service marks (collectively "Marks") displayed on THAI World Shopping are the property of THAI AIRWAYS or of the merchant or other third party, as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of THAI AIRWAYS or such other party which may own the Marks. All information and content including any software programs available on or through the Site (collectively "Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents apply to the features and services accessible via THAI World Shopping, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.

10. Exchange Rates

All exchanges rates displayed on THAI World Shopping in connection with any reward transactions are under license from XE.com.

11. Updates to the THAI AIRWAYS Terms and Conditions

These terms and conditions may be updated from time to time. Any changes will become effective upon our posting of the Terms and Conditions on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.

12. Governing Law

These terms and conditions are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.

PointsPay Terms & Conditions

1. Access to PointsPay

1.1. PointsPay

PointsPay is a merchant payment program (”PointsPay”) provided by Loylogic Rewards FZE, whose registered address is Dubai Airport Freezone Authority, PO Box 293805, Dubai United Arab Emirates (“Loylogic”). PointsPay allows members of participating loyalty programs (each a “Loyalty Program”) to pay merchants who accept PointsPay as a payment method on their websites (”PointsPay Merchants”) for goods or services with Loyalty Program currency such as points or miles (together “Points”), or a combination of Points and other means of payment, and, in addition, to earn loyalty points from their Loyalty Program.

The use of PointsPay is exclusively for members of participating Loyalty Programs who are able to enter into legally binding agreements under applicable law (“you”). The terms and conditions for the use of PointsPay are set out herein (“PointsPay Terms”).

1.2. Acceptance of PointsPay Terms

By accessing and/or signing up for PointsPay or by using PointsPay to make transactions, specifically by clicking on the "I AGREE" tickbox and/or similar buttons, you expressly indicate your acknowledgment and acceptance of the PointsPay Terms. By accepting the PointsPay Terms, you enter into a contract with Loylogic on the use of PointsPay.

1.3. Relation between you, PointsPay Merchants, and Loyalty Programs

Every time you make a purchase, reservation or other transaction using PointsPay (“Transactions”), you enter into an agreement directly with the respective PointsPay Merchant who is responsible for the fulfilment of your purchase, reservation or other transaction. You agree and acknowledge that separate terms and conditions of the relevant PointsPay Merchant will apply to any Transactions. Neither your Loyalty Program nor Loylogic will be party to a contract for a Transaction between you and the PointsPay Merchant. Likewise, Loylogic will not be party to your contracts with the Loyalty Program(s). You agree and acknowledge that Loylogic will have no obligations to you under your contracts with PointsPay Merchants and with Loyalty Programs.

2. Use of PointsPay

You may only use PointsPay to make non-commercial, lawful Transactions. You must not use PointsPay for any other purposes, including any speculative, false or fraudulent Transaction. Each PointsPay user is responsible to use PointsPay subject to his/her authorization to redeem or accrue points/miles within a certain Loyalty Program or a specific online shopping platform. Members/legal guardians must ensure that the login details are kept securely and not used illegally. Neither your Loyalty Program nor Loylogic bear any responsibility for any consequences of illegal use of your personal details. Your Loyalty Program and Loylogic reserve the right to terminate membership in cases they deem constitute misuse.

Due to local laws and regulations, your Loyalty Program and Loylogic reserve the right to exclude members from certain jurisdictions from making transactions using PointsPay. By making transactions via PointsPay, you confirm that you are not breaching any laws in your country of residence regarding the legality of such use. Neither your Loyalty Program nor Loylogic will be held responsible (i) for the exclusion of members from certain jurisdictions and/or (ii) if you use PointsPay unlawfully. If in any doubt you should check with the relevant authorities in your country of residence.

3. Points Redemption

3.1. General

When making Transactions via PointsPay, PointsPay Merchants offer you to pay via PointsPay program by either paying with Points, or, where your Loyalty Program and the relevant PointsPay Merchant permits you to, with a combination of these Points and cash.

Your Loyalty Program and/or the PointsPay Merchant may have restrictions on whether this Points redemption feature is enabled, the minimum number of Points that may be redeemed in a transaction, if cash may be used and/or the permitted cash proportion of a transaction.

3.2. Payment with Points

Provided that you have sufficient Points available in your Loyalty Program account at the time of Transaction, you can make Transactions for such amount of Points as indicated to you within PointsPay once you have chosen your product on the PointsPay Merchant’s website and then selected PointsPay as your payment option. Prior to be able to pay via PointsPay you are requested to accept these PointsPay Terms and take knowledge of our separate Privacy Notice. Points that are not yet accrued and credited to your Loyalty Program account at the time you place the purchase order are not available for Transactions. Should you not have sufficient Points available in your Loyalty Program account at the time of the Transaction, or should you prefer to pay only part in Points, provided that the relevant PointsPay Merchant and your Loyalty Program permit you to, you may pay the difference in cash (by debit card or credit card) in accordance with the PointsPay terms by choosing your preferred points and cash portion. Points are deducted from your Loyalty Program account as soon as an item is purchased. Card payments are executed as described in Clause 3.3 hereinafter.

3.3. Payment by Debit or Credit Card

When redeeming Points towards a Transaction, if permitted by your Loyalty Program and the relevant PointsPay Merchant you may pay part of the price by debit card or credit card. PointsPay uses a secure credit card internet gateway service (with, for example 3D Secure). The communication with the payment gateway happens via https. The amount of the transaction paid for using a debit or credit card will be collected by Loylogic on behalf of the PointsPay Merchant.

3.4. Invoicing and reporting

Your payment for a specific Transaction is initiated via PointsPay. After each Transaction PointsPay creates an invoice and a reporting indicating the respective Points and cash amount (if any) that was used for the payment. PointsPay periodically sends invoice and reporting to the Loyalty Program and/or the payment service provider (e.g. Wirecard) for the Points redeemed and accrued and the cash payment.

PointsPay periodically receives invoices and reports from PointsPay Merchants and accordingly reconcile and initiate the fund transfer to the PointsPay Merchant.

The transactions on your account with your Loyalty Program and/or the payment you make via the payment service provider are not in the responsibility of Loylogic and are executed by your Loyalty Program and/or the Payment Service Provider subject to their own terms and conditions.

3.5. Conversion Ratio

The amount of Points necessary for a Transaction is determined by your Loyalty Program and Loylogic. Your Loyalty Program has the right, at any time and at its sole discretion, to change the amount of Points necessary to make a Transaction. The conversion ratio of Points can vary between Loyalty Programs, PointsPay merchants, the products being purchased, and depending on your Loyalty Program tier level.

3.6. No Conversion into Cash

The conversion of Points into a cash amount and the payment of such cash amount to you or any similar transactions are not possible, not even in case of returns or the cancellation of your Loyalty Program membership.

3.7. Reclaim of Points

Where Points have not been properly debited from your Loyalty Program account following a Transaction via PointsPay, missing Points can be reclaimed by PointsPay from your Loyalty Program at any time without notice.

4. Points Accrual

4.1. General

When making Transactions via PointsPay, you may pay the PointsPay Merchant using cash exclusively or as part of a Points plus cash payment and in turn earn or accrue Points from your Loyalty Program based on the cash amount. Your Loyalty Program and/or PointsPay Merchant may have restrictions on whether this Points accrual feature is enabled.

4.2. Payment by Debit or Credit Card

Provided that your Loyalty Program and/or PointsPay Merchant has this feature enabled, Points may be accrued using PointsPay when cash is used to pay for a Transaction either as part of a Points plus cash payment or an exclusively cash payment. For payments by debit or credit card, a secure credit card internet gateway service (with for example 3D Secure) is used. The communication with the payment gateway happens via https. The amount of the transaction paid for using debit or credit card will be collected by Loylogic on behalf of the PointsPay Merchant.

4.3. Accrual of Points

The amount of Points that you will earn for a given Transaction will be displayed within PointsPay once you have chosen your product on the PointsPay Merchant website and then selected PointsPay as your payment option. Once the Transaction is completed within PointsPay, Loylogic will notify your Loyalty Program. It is the responsibility of your Loyalty Program to credit the appropriate number of Points to your Loyalty Program account. The time it takes for different Loyalty Programs to credit Points to your account will vary and is not controlled by Loylogic.

4.4. Conversion Ratio

The amount of Points that can be accrued for a Transaction is determined by your Loyalty Program and Loylogic. your Loyalty Program has the right, at any time and at its sole discretion, to change the rate at which points can be accrued. The conversion ratio of Points can vary between Loyalty Programs, PointsPay merchants, the products being purchased, and depending on your Loyalty Program tier level.

5. Electronic Communication

You consent to receive service communications, including purchase confirmation, from Loylogic, your Loyalty Program and PointsPay Merchants by email. If you do not wish to receive service triggered emails, you must stop using PointsPay and request deletion of your membership – please refer to the Privacy Notice for more information.

6. Customer Service

All questions related to the products and/or services purchased using PointsPay should be directed to the relevant PointsPay Merchant, including questions related to shipping, delivery, and refunds. For general questions related to PointsPay please contact us at: support@pointspay.com

7. Personal Information

By using PointsPay, you consent to the transfer of your information between your Loyalty Program and Loylogic in order to process your request(s) to pay with Points, and, where relevant, to accrue Points in accordance with the PointsPay Terms and Conditions. To the extent that data collected through PointsPay contains personal data, the collection and further processing of such information is governed by the PointsPay Privacy Notice. In addition, data collected by PointsPay Merchants including information that the PointsPay Merchant obtains from PointsPay will be handled subject to the Merchants’ own privacy notices.

8. Indemnification and Limitation of Liability

When making Transactions using PointsPay, you enter into an agreement with the relevant PointsPay Merchant. You expressly acknowledge and agree that PointsPay Merchants are independent contractors and not employees or agents of Loylogic who shall not be liable for the acts, errors, omissions, representations, warranties or negligence of PointsPay Merchants.

As far as permissible by applicable law, your Loyalty Program and Loylogic hereby disclaims any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with items purchased using PointsPay, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of the relevant PointsPay Merchant. To the extent permitted by law, your Loyalty Program and Loylogic exclude all liability to you or other person of whatsoever nature in respect of any service provided, or failure to provide a service, by or on behalf of a PointsPay Merchant.

Loylogic provides no warranty whatsoever, express or implied, and assumes no responsibility to you or any third party, (i) as to the timeliness, accuracy, currentness, completeness, availability, merchantability, quality, fitness for any particular purpose and non-infringement of the content on the PointsPay site (“Site”); (ii) that the Site will meet your requirements, will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; (iv) any errors in the content available through the Site will be corrected. The content available on the Site may be updated at any time without notice.

As far as permissible by law, Loylogic, its affiliates, and their respective officers, directors, employers and agents exclude any liability, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, or incidental damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or PointsPay, or with the delay or inability to use the Site or a linked Site, even if they have been made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labour problems or any force majeure. Your Loyalty Program and Loylogic cannot and do not guarantee continuous, uninterrupted or secure access to the Site or PointsPay.

9. Legal Remedies

Loylogic reserves the right to seek all remedies available at law and in equity for any misuse of the Site or PointsPay and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing PointsPay.

10. Copy Rights and Trade Marks

The trademarks, logos, service marks and other content protected by intellectual property law (collectively, ”Marks”) displayed on PointsPay are the property of your Loyalty Program, Loylogic and/ or of the PointsPay Merchant, as the case may be. you are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or internet sites without the written permission of the owner of the Marks. All information and content including any software programs available on or through the Site (collectively "Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents may apply to the features and services accessible via PointsPay, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.

11. Confidentiality of Personal Information and Data Protection

Access to and use of password protected and/or secure areas of PointsPay is restricted to authorized persons only. Unauthorized individuals attempting to access these areas of PointsPay may be subject to prosecution. you are responsible for maintaining the confidentiality of your personal information, including your account and password, and for restricting access to your computer to prevent unauthorized access to PointsPay. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Loylogic immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

The use and processing of personal data within PointsPay Program is set out in the PointsPay Privacy Notice.

12. PointsPay Terms Updates

The PointsPay Terms may be updated from time to time. Any changes will become effective upon our posting of the updated PointsPay Terms on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.

13. Governing Law

The PointsPay Terms are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in the PointsPayTerms, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.

If there is any inconsistency or ambiguity between other languages versions of the Terms and Conditions and the English version, the English version shall prevail.

Miles Services Terms and Conditions

Buy Miles

1. The use of Buy Miles service is exclusively for THAI AIRWAYS’ customers (“MEMBER or MEMBERS”) who are aged 18 or older, and who can enter into legally binding agreements. The rules relating to the use of Buy Miles service are set out below and should be read in conjunction with the ROYAL ORCHID PLUS Terms of Use and the THAI World Shopping Terms & Conditions.

2. Members may, subject to payment of the price specified on THAI World Shopping website (“Site”), purchase ROYAL ORCHID PLUS Miles (“Miles”) to be credited to their THAI AIRWAY’s Member account.

3. A minimum of 1,000 Miles and a maximum of 100,000 Miles may be purchased per transaction.

4. Members may purchase of a maximum of 100,000 Miles per calendar year.

5. After successful completion of the payment transaction, Miles will usually be credited into a Member’s account in real time. All transactions will be processed within no more than 3 business days by THAI AIRWAYS.

6. Once Miles have been credited, the payment is non-refundable and the Miles transaction cannot be reversed.

7. The usage of Miles is subject to the ROYAL ORCHID PLUS Terms of Use.

8. In order to process Buy Miles transactions, Members are required to provide their personal data including name, email address and payment card information to Loylogic. Further information can be found in our privacy notice

9. THAI AIRWAYS shall not be liable for any disruption during the Buy Miles transaction, whether due to technical problems or otherwise, which is beyond its reasonable control. In the event of any disruption, reasonable effort shall be used to remedy the disruption and resume the transaction.

10. THAI AIRWAYS reserves the right to cancel, terminate or suspend the opportunity to Buy Miles without any prior notice. For the avoidance of doubt, any cancellation, termination or suspension by THAI AIRWAYS shall not entitle any Member to any claim or compensation against THAI AIRWAYS, its agents and employees for any and all losses or damages suffered or incurred as a direct or an indirect result of the act of cancellation, termination or suspension thereof.

11. These Terms and Conditions shall be construed, governed and interpreted in accordance with the laws of Switzerland. Members hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to Buy Miles. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, affects a Member’s rights as a consumer to rely on such mandatory provisions of local law.

12. THAI AIRWAYS reserves the right to reinstate, reverse or remove any Miles debited from or credited into a Member’s account incorrectly by THAI AIRWAYS or not in accordance with these Terms and Conditions at any time without prior notice.

13. Any queries relating to Buy Miles transactions may be submitted to contact us.

14. These terms and conditions may be updated from time to time. Any changes will become effective upon our posting of the Terms and Conditions on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.

15. The THAI AIRWAYS Buy Miles Service is operated by Loylogic on behalf of THAI AIRWAYS, and payment card transactions are processed by Loylogic Inc, Seestrasse 78, 8703 Erlenbach, Switzerland, on behalf of THAI AIRWAYS. You expressly acknowledge and agree that neither of these parties will have any liability to you to the maximum extent permitted by law, and, in particular, that the limitation of liability under sec.7 of the THAI World Shopping Terms & Conditions will apply as between you and any of these parties to their benefit.

Last updated: 3rd April, 2020