May, 2024
Rewards program agreement
Qatar Airways Privilege Club Visa Infinite Credit Card
Important Information About The Program and This
Agreement
● Your Qatar Airways Privilege Club Visa Infinite Credit Card from Cardless is issued
solely by First Electronic Bank (“FEB”), Member FDIC. This Qatar Airways Privilege
Club Visa Infinite Credit Card Rewards Program Agreement is offered through
Cardless, Inc. (“Cardless”). This document describes how the Qatar Airways
Privilege Club Visa Infinite Credit Card rewards program works and is an
agreement between you and Cardless. You agree that use of your cardholder
account or any feature of this rewards program indicates your acceptance of the
terms and conditions of this Agreement. In this document, the following words
have special meanings:
○ “Agreement” means this document.
○ “Program” means the Qatar Airways Privilege Club Visa Infinite Credit Card
Program.
○ “Card Account” means your credit card account that is linked to the
Program.
○ “Card” means any credit card or account number used to access your Card
Account.
○ “We,” “us,” “our,” and “Cardless” mean Cardless, Inc. and its affiliates.
○ “Qatar Airways” means Qatar Airways Q.C.S.C. and its affiliates and
subsidiaries.
○ “Privilege Club'' or “Qatar Airways Privilege Club”, “Qatar Airways Privilege
Club account” or “Qatar Airways Privilege Club programme” means the
Qatar Airways Privilege Club loyalty account made available to cardholders
through which enrolled members can accumulate Avios by purchasing Qatar
Airways products and services or by making eligible purchases with their
Card. The Qatar Airways Privilege Club programme is governed by the
Privilege Club Terms and Conditions available a Terms and conditions |
Privilege Club Programme.
○ “Qpoints” means the points earned by Privilege Club members for the
purpose of progressing towards the Silver, Gold or Platinum Membership
Tier and are a reward you can earn under this Program.
○ “Avios” means the redeemable miles that are earned by the member in their
Qatar Airways Privilege Club account that can be redeemed for a variety of
Awards on Qatar Airways and its Partners. Avios are awarded and
maintained by Qatar Airways Privilege Club. Please visit Terms and
conditions | Privilege Club Programme for more details.
○ “Membership Tier” means the tier level in the Privilege Club that entitles a
Privilege Club member to receive certain benefits. Membership Tier and all
associated benefits are administered solely by Qatar Airways Privilege Club.
Please visit Terms and conditions | Privilege Club Programme for more
details.
○ “Card membership year” means each year from the date on which the credit
card account is opened.
● Cardless and Qatar Airways Privilege Club may make changes to the Program and
the terms and conditions of this Agreement at any time. For example, Cardless
and Qatar Airways Privilege Club may add new terms or delete terms or change
how you earn Avios or Qpoints in the Program.
● Cardless may temporarily prohibit you from earning Avios with your Card or
together with Qatar Airways Privilege Club, from benefiting from any features of
the Program.
● Cardless and Qatar Airways Privilege Club may supplement this Agreement with
additional terms, conditions, and disclosures that will be considered part of this
Agreement.
● Avios earned in the Program are transferred to Qatar Airways Privilege Club no
later than twelve 12 weeks after the end of each billing cycle on your Card
Account in which the reward was earned if you have a valid, active, and linked
Privilege Club account. Qatar Airways Privilege Club may change the Privilege
Club account and the awarding of Avios, Qpoints , and other benefits, including,
but not limited to, the rules, regulations, eligibility, travel awards and special
offers. Qatar Airways may terminate the Privilege Club account Programme at any
time with or without notice even though changes may affect the value of benefits
already earned.
● Cardless may refer to this Agreement as the “Rewards Program Terms and
Conditions” in communications about the Program and in supplemental terms,
conditions, disclosures, and agreements.
● Please note that if you do not make a transaction or payment on your Card
Account and decide to cancel your Card Account within the first sixty 60 days of
account opening, any benefits provided to you under this Agreement may be
forfeited and are subject to being withdrawn. In addition, if within the first sixty
60 days of opening of your Card Account, you have not used your Card Account
to make a Purchase, Balance Transfer, or made a payment on your Card Account,
we will close your Card Account and you will not be responsible for paying the
Annual Fee.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION PURSUANT TO THE
FEDERAL ARBITRATION ACT AND WAIVER OF YOUR RIGHT TO JOIN A CLASS
ACTION. YOU HAVE THE RIGHT TO REJECT THE ARBITRATION AGREEMENT AS
SET FORTH BELOW WITHIN 30 DAYS OF BEING ACCEPTED INTO THE
PROGRAM.
Qatar Airways Privilege Club Programme Enrollment
To maintain eligibility for rewards in the Program, you must have a valid, open, linked,
and active Qatar Airways Privilege Club account. Certain credit card account benefits
are fulfilled under the Qatar Airways Privilege Club Programme, which is the loyalty
program of Qatar Airways and is not a product or program of Cardless. Qatar Airways
Privilege Club is solely responsible for establishing the terms and conditions of your
participation and reward accumulation in the Qatar Airways Privilege Club programme
and the administration and maintenance of your Qatar Airways Privilege Club account.
In order to participate in this Program, you must have a Qatar Privilege Club account or
enroll in the Qatar Privilege Club programme upon the opening of your Card Account. If
you do not have a Qatar Privilege Club programme account and if one is not created
within thirty 30 days from the opening of your Card Account, then a Qatar Privilege
Club programme account may be created for you using the email that is on file with
Cardless. NOTE If a Qatar Privilege Club programme account is associated with the
email you provided to Cardless, we may link to that account. Terms, conditions, and
restrictions may apply. Please visit Terms and conditions | Privilege Club Programme for
more details.
Please refer to the Privilege Club Terms and Conditions available at Terms and
conditions | Privilege Club Programme for details concerning the types of Privilege Club
accounts and how points are awarded for Family Programme, Student Club, and other
Privilege Club types. If you are part of a Family Programme Qatar Privilege Club
account, all Avios will be awarded to the primary account holder of the Family
Programme, even if t his person is not the cardholder. Additionally, Silver and Gold tier
status will not be awarded to any member of the Family Programme. If you are part of
a Family Programme Qatar Privilege Club account and wish to leave the Family
Programme Qatar Privilege Club account you are currently a member of and apply
benefits to a different Qatar Privilege Club account, please contact Cardless at
18882273537.
How You Can Earn Avios
You will earn Avios on purchases of products and services, minus returns, refunds, or
disputed charges (collectively, the “Eligible Purchases”) made with a Card by you or an
authorized user (if applicable) on your Card Account. Avios are earned as follows:
● You will earn 1 Avios for each $1 spent on Eligible Purchases.
● You will earn a total of 3 Avios for each $1 spent on Eligible Purchases charged
with merchants whose merchant code with Visa is classified as restaurants. You
may not get additional Avios for purchases at a restaurant located within another
establishment (e.g., a restaurant located inside a hotel, casino, or event venue) or
for purchases made through third-party food delivery services including mobile
app delivery services. For example, purchases made at a restaurant located within
a hotel may be recognized as a purchase at a hotel, not a restaurant. Cardholders
will not earn additional Avios for purchases at bars, nightclubs, coffee shops, and
convenience stores.
● You will earn a total of 5 Avios for each $1 spent of Eligible Purchases charged
directly with Qatar Airways. Please note that certain on-board or in-flight
purchases may be processed through a third-party merchant and thus would not
earn 5x Avios. Other exclusions for transactions handled by third-party merchants
may include but are not limited to: Buying miles, Vacation packages, Gift cards.
● Avios are rounded down to the nearest dollar (for example, a $45.85 Eligible
Purchase would earn 45 Avios).
Merchant Codes
Merchants who accept Visa cards are assigned a merchant identifier, which is
determined by the merchant or its processor in accordance with Visa procedures. We
use merchant identifiers for the purpose of making rewards offers to you. Purchases
submitted by you, an authorized user, or the merchant through third-party payment
accounts, mobile or wireless card readers, online or mobile digital wallets, or similar
technology will not qualify in a rewards category if the technology is not set up to
process the purchase in that rewards category. Please note that we make every effort to
include all relevant merchant codes in our rewards categories. However, even though a
merchant, or some of the items that it sells, may appear to fit within a rewards category,
the merchant may not have a merchant code in that category. When this occurs,
purchases with that merchant will not qualify for rewards for purchases in that category.
Transactions That Do Not Qualify for Avios
Cash advances, including purchases of cash equivalents of any kind, balance transfers,
convenience check amounts, purchases we believe to have been made for commercial
purpose, account fees (as defined in the Cardholder Agreement), interest charges, credit
insurance, gambling fees, credit protection, debt cancellation charges, and unauthorized
or fraudulent transactions do not qualify as Eligible Purchases and do not earn Avios.
Casino gambling chips, off-track wagers, lottery tickets, and bets or wagers transmitted
over the internet or through a mobile application do not earn Avios.
Any purchases of cryptocurrency, including bitcoins, litecoins, non-fungible tokens
NFTs), yield farming tokens, transactions on cryptocurrency exchanges, and any similar
cryptocurrency-type transactions do not qualify as Eligible Purchases and will not earn
any Avios. We reserve the right to determine whether a purchase is deemed a
crypto-related transaction and thus not eligible to earn Avios.
Earning Qpoints
Eligible Purchases made on your Card Account will also allow you to earn Qpoints under
the Qatar Privilege Club programme that may help you achieve or renew membership
tiers as part of the Privilege Club programme. With the Qatar Airways Privilege Club Visa
Infinite Credit Card, 2 Qpoints are awarded for every 1,500 Avios earned from making
Eligible Purchases with your Qatar Airways Privilege Club Visa Infinite Credit Card. Qatar
Airways maintains and administers the membership tiers and administers the Qpoints as
part of the Privilege Club programme. For more details on the membership tiers
associated with Qpoints and any associated expiration dates, please visit Terms and
conditions | Privilege Club Programme
You will not earn Qpoints based on any “bonus” Avios accrual, such as sign-up/welcome
bonuses and regular promotions, including any seasonal promotional campaigns.
Preferred Boarding, Qatar Premium Lounge Access, and
Checked Bags
As a Qatar Airways Privilege Club Visa Infinite Credit Card cardholder, you are eligible to
qualify for Privilege Club’s Gold status for your first year of card membership. See
Maintaining Status below for important information on status renewal.
For more details on the Gold membership tier and any benefits associated with this tier,
such as preferred boarding, lounge access, and extra baggage please visit Privilege Club
tiers and Terms and conditions | Privilege Club Programme.
Important information about Membership Tiers: If you are an existing Gold Tier, your
initial status date will update to the first day of your card membership year. If you
already have Platinum Tier, your status, including the date of renewal will remain
unchanged, and you will remain in your existing Tier. Please allow up to two 2 billing
cycles from Card Account opening for the guest lounge passes to be made available to
you. To receive and use the guest lounge passes, your Card Account must be open,
active, and current and you must have an open, valid, and linked Privilege Club account.
Maintaining Status
Gold tier status is automatically awarded to your Qatar Airways Privilege Club account,
subject to above exceptions, for your first year of card membership only. After your
first year of card membership, tier status renewal is governed by the renewal criteria
outlined in the Qatar Airways Privilege Club programme terms and conditions and is not
automatically awarded upon card Account renewal. To maintain tier status, you must
meet the criteria for membership renewal as outlined in the Qatar Airways Privilege Club
programme terms and conditions which may include a combination of earning the
required amount of Qpoints for renewal and taking Qatar Airways flights. If you do not
meet the requirements for renewals as outlined in the Qatar Airways Privilege Club
programme terms and conditions, your Privilege Club tier status will be downgraded to
the next lowest tier.
Information About Earning/Transferring Avios to Qatar
Airways
You must have an open, active, linked, and valid Qatar Airways Privilege Club account to
be credited with Avios earned through this Program. Avios are earned at the close of
each billing cycle, based on the Eligible Purchases made during that billing cycle, plus
any bonus Avios posted during that billing cycle, but minus any returns, refunds, or
disputed charges. If you have more returns or refunds than Avios earned from Eligible
Purchases or bonuses, then Avios may be deducted from your total Avios balance and if
a negative Avios balance results, then Avios will be subtracted from subsequent Avios
earnings.
Once you have a linked, valid, open, and active Privilege Club account, you will see Avios
that you have earned from Card purchases on cardless.com or the Cardless mobile app.
Avios may display as pending until they have been transferred to Qatar Airways Privilege
Club. Avios earned during a billing cycle will be transferred to Qatar Airways Privilege
Club no later than twelve 12 weeks following the end of each billing cycle.
This Agreement governs the accumulation of Avios in connection with the use of your
Card Account and is separate and in addition to the Qatar Airways Privilege Club
programme rules that govern your participation in the Qatar Airways Privilege Club
programme, including the rules and restrictions regarding the redemption of Avios in
your Privilege Club account and the different Privilege Club programme membership
tiers. The Qatar Airways Privilege Club programme rules are available online at Terms
and conditions | Privilege Club Programme. Information in this Agreement that relates to
the Qatar Airways Privilege Club programme may not be complete or comprehensive and
does not include all of the information that you should know about the Qatar Airways
Privilege Club programme. Please refer to the Qatar Airways Privilege Club programme
terms and conditions for more information and details.
Qatar Airways may change the Qatar Airways Privilege Club programme, including, but
not limited to, rules, regulations, travel rewards and special offers, or Qatar Airways may
terminate the Qatar Airways Privilege Club programme at any time with or without notice
even though changes may affect the value of benefits already earned. If your
membership in the Qatar Privilege Club programme is terminated for any reason by you
or Qatar Airways, you will no longer be eligible to use the Avios you have earned in the
Program and your Card Account may be closed by us.
Our obligation concerning the award of Avios is to make a valid request to Qatar Airways
Privilege Club to award Avios to your linked Qatar Airways Privilege Club account.
Cardless expressly disclaims any liability or responsibility for any failure or delay by
Qatar Airways Privilege Club to award or redeem Avios, Qpoints, or other benefits to or
from your linked Qatar Airways Privilege Club account after Cardless has met its transfer
obligations to Qatar Airways. The expiration of Avios or Qpoints earned in the Program
that are transferred to your Qatar Airways Privilege Club account will be governed by the
Qatar Airways Privilege Club programme terms and conditions.
In the event that there is a return or refund for an Eligible Purchase, the Avios earned
from that purchase will be deducted from your Qatar Privilege Club programme account.
If the Avios balance in your Qatar Privilege Club programme account is insufficient to
cover the deduction, Avios will be subtracted from subsequent earnings until the Avios
originally credited are fully returned. Refunds and returns may cause you to drop below
the threshold spending amount for signing bonus or other promotional spending
campaigns and thus may result in you not receiving the welcome bonus or other
promotion.
Using Your Avios
For information about using your Avios, go to Qatarairways.com or call Qatar Airways
Privilege Club directly at 18777772827.
How You Could Be Prohibited From Earning or Having
Avios Transferred
We may temporarily prohibit you from earning Avios and we may not transfer to Qatar
Airways Privilege Club any Avios you have already earned if you do not make at least the
minimum payment on your account within thirty 30 days of the due date or if we
suspect that you have engaged in fraudulent activity related to your Card Account or the
Program. You can begin earning Avios again and any Avios that we have held will be
transferred to Qatar Airways in the next billing cycle after your Card Account becomes
current or when we no longer suspect fraud or misuse of the Card Account or this
Program.
We may prohibit you from earning Avios and we may not transfer to Qatar Airways
Privilege Club any Avios you have already earned if we suspect that you have misused
the Program in any way, for example (i) by repeatedly opening or otherwise maintaining
credit card accounts for the purpose of generating rewards; (ii) by manufacturing spend
for the purpose of generating rewards; or (iii) by engaging in any other activity which we
believe constitutes rewards abuse or gaming.
How You Could Lose Your Avios
You will immediately lose all Avios that have not been transferred to Qatar Airways if
your Card Account status changes, or your Card Account is closed, for any of the
following reasons:
● You do not make at least the minimum payment on your Card Account within 60
days of the due date;
● You fail to comply with this or other agreements you have with Cardless;
● You fail to comply with the terms of the Cardholder Agreement;
● You close your account prior to payment of the annual fee;
● We believe you may be unwilling or unable to pay your debts on time;
● You file for bankruptcy;
● You use the Card Account for a suspected commercial purpose;
● We believe that you have engaged in fraudulent activity related to your Card
Account or this Program;
● We believe that you have misused, in any way, the Qatar Airways Privilege Club
account to which Avios are transferred under this Program;
● We believe that you have misused this Program in any way, for example by (i) by
repeatedly opening or otherwise maintaining credit card accounts for the purpose
of generating rewards; (ii) by manufacturing spend for the purpose of generating
rewards; or (iii) by engaging in any other activity which we believe constitutes
rewards abuse or gaming;
● Your Qatar Airways Privilege Club programme account is terminated by Qatar
Airways Privilege Club.
If your Card Account is closed for any other reason, we will transfer any Avios earned to
Qatar Airways Privilege Club, as long as you do not lose them for any of the reasons
described in this Agreement and your Qatar Airways Privilege Club account is active.
Information Sharing and Privacy
For important information and details regarding our use and sharing of your personal
information, including your ability to restrict or limit sharing of information, please refer
to Cardless’s Privacy Policy available at www.cardless.com/privacy-policy and the
Cardless, Inc. Qatar Airways Privilege Club Visa Credit Card Privacy Notice available at
Cardless Qatar Airways Privilege Club Visa Card Privacy Notice. You can also obtain a
copy of the Cardless, Inc, Qatar Airways Privilege Club Visa Credit Card Privacy Notice
by contacting Cardless at 18882273537 or privacy@cardless.com.
Other Important Information You Should Know
Avios, Qpoints,and other benefits are not your property and have no cash value.
Additionally, Avios, Qpoints, and other benefits cannot be transferred by operation of
law such as by inheritance, in bankruptcy, or in connection with a divorce.
Cardless and Qatar Airways reserve the right, in their sole discretion, to suspend,
cancel, or modify the Program at any time and for any reason and without prior notice.
Administrative services may be provided by third-party service providers. Cardless and
Qatar Airways reserve the right, in their sole discretion, to add, delete, change, or revise
this Agreement, including, but not limited to, revising or adding qualifications for
participation in the Program, Program features, or Program procedures; the imposition or
discontinuance of special promotions or offers, additions, deletions, or revisions of
rewards offered; revisions of the amount of Avios required for redemption of benefits;
revisions of caps; limitations, or expiration periods; revisions to disqualifying events; or
the imposition of new, revised, or additional Program terms and conditions. We may
temporarily or permanently disqualify you from participating in the Program and/or
adjust or cause to be forfeited any or all Avios accrued as a result of your abusive
behavior, fraud, misrepresentation, any violation of law, or any other violation of any of
the terms or conditions set forth herein, in each case as determined by us and Qatar
Airways in their sole discretion.
Discrepancies about Avios earnings are not treated as credit card billing disputes.
Neither we nor Qatar Airways nor any of our third-party service providers, including
each of such party’s respective employees, officers, affiliates, or agents, will be liable to
you for any action or inaction any of them take or fail to take with respect to the
Program or any changes in these terms and conditions.
Awarding of Avios may qualify as taxable income to you. When laws require us to do so,
we may report the Avios earned as income to the Internal Revenue Service, as well as
state and local tax authorities. By using this Program, you are responsible for paying any
federal, state, or local taxes you owe, or other connected fees or gratuities. Should we
be required to report taxes, tax reporting, if any, will be made to the tax ID number of
the Card Account holder, based on our records.
The Qatar Airways Privilege Club programme is owned by Qatar Airways and is subject
to all applicable laws and regulations. Cardless and Qatar Airways operate this Program.
You must be an individual and must participate in the Program for lawful personal,
family, or household purposes, and not for any business, commercial, or investment
purpose. The accrual and/or redemption of Avios is void where prohibited by law. You
agree that Cardless and Qatar Airways are not liable for following instructions of anyone
claiming to be you.
You agree to indemnify and hold Qatar Airways, Cardless, and our third-party service
providers and each of such party’s respective affiliates, directors, officers, employees,
agents, and contractors harmless from and against any loss, damage, liability, cost, or
expense of any kind (including attorneys’ fees) arising from your or an authorized user’s:
(i) participation in the Program; (ii) any fraud or misuse of the Program; (iii) violation of
this Agreement; and/or (iv) violation of any applicable law or the rights of any
third-party.
To the maximum extent permitted by law, neither Qatar Airways, Cardless nor any of our
third-party service providers, including each of such party’s respective employees,
officers, affiliates, or agents, assume any responsibility for, and will not be liable for, any
financial loss, personal injury, property loss or damage, other loss, accident, delay,
inconvenience, or irregularity which you may suffer by reason of any act, default,
non-performance, or wrongful, careless, negligent, or unauthorized act or omission of
Qatar Airways, Cardless, or any Program supplier, including each of such party’s
respective employees, officers, affiliates, or agents, or any other third-party. In no event
shall Qatar Airways, Cardless, or any of our affiliates or agents be responsible or liable to
you, or anyone claiming through you or on your behalf, for any indirect, special,
exemplary, punitive, or consequential damages, including, without limitation, lost
revenue, lost profits, or lost opportunity arising out of or relating to any of the acts or
omissions of Qatar Airways, Cardless, or any of our respective affiliates or agents, or
otherwise in connection with or relating to the Program or our administration, or that
result from the use of or inability to use the Program, even if Qatar Airways or Cardless
have been made aware of the possibility of such damages. Neither Qatar Airways,
Cardless, nor any of our third-party service providers, including each of such party’s
respective employees, officers, affiliates, or agents, will be responsible for any damage,
loss or expense of any nature resulting from the usage of any redemption, defects in any
redemption, or from any cancellation irregularity or mishap affecting the redemption
received through the Program. In addition, Qatar Airways and Cardless make no
warranty or representation either expressed or implied, and expressly disclaim any and
all liability and damages with respect to type, quality, or fitness for use of goods or
services provided through this Program or otherwise obtained by you in connection with
the Program or through the use of redeemed Avios. IN NO EVENT SHALL QATAR
AIRWAYS, CARDLESS, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES,
SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING
THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER.
You agree to notify us promptly upon the receipt of your Card Account statement of any
errors relating to the earning of Avios but in no event later than sixty 60 days after the
date of the transaction. We reserve the right (but are not required) to correct inaccurate
values represented in your Account and to adjust Avios values at our sole discretion. If
we do not credit, or if we improperly deny, a Avios transfer to which you were otherwise
entitled, then your exclusive remedy will be the issuance of the improperly denied Avios
redemption, if available, or such other alternative benefit as we in our sole discretion
may determine. Neither we nor any of our affiliates, agents, or representatives have any
other or additional liability to you or any other person for such error(s), subject to
applicable law.
All trademarks, service marks, and trade names used by Cardless and Qatar Airways in
this Program are property of their respective owners. No use of these may be made
without the prior written authorization of Cardless or Qatar Airways, as applicable.
Visa Infinite benefits: Visa is solely responsible for Visa Infinite benefits, and is not
affiliated with Cardless, FEB, Qatar Airways or their affiliates. All offers are subject to
terms and conditions. Call the Benefits Administrator at 18888659163 or call collect
outside the U.S. at 6303504551 for details. Please visit the Cardess app for more
information on Visa Infinite benefits.
This Agreement constitutes the entire agreement between you, Qatar Airways, and us
with respect to the subject matter described herein, and supersedes all prior
agreements or representations, written or oral, concerning such subject matter;
provided, however, nothing herein modifies the terms and conditions of the Cardholder
Agreement or the Qatar Privilege Club programme. You may not assign any of your
rights or obligations under this Agreement, in whole or in part, without our prior written
consent. We may assign our rights and/or obligations under this Agreement, in whole or
in part, without your consent. We may waive or delay enforcing any of our rights herein
without losing them. Neither we nor our service providers are responsible for any
disputes between you and a merchant relating to a transaction or goods or services.
Any claim or dispute arising from or relating to this Agreement or to the Program will be
governed by and construed in accordance with California law (without regard to its
conflicts of law principles) and, as applicable, federal law.
Earning Avios Through Referral Programs
From time to time, we may offer you the ability to participate in a program or campaign
that rewards you for referring friends and family to Cardless (“Referral Program”). Each
Referral Program is designed to provide Avios to you for successfully referring your
friends and family members (each, a “Referred User”) to one or more Cardless Cards,
according to this Agreement and any other rules, limits, terms, and conditions applicable
to a Referral Program (“Referral Program Terms”). In order to earn Avios for a referral: 1
you must log in to your Card Account within the Cardless mobile application or web
application to access your unique referral link and provide it to the Referred User, 2 the
Referred User must use your unique referral link when he or she applies for a Card, 3
the Referred User must not be a current or former Cardless cardholder; and 4 the
Referred User must be approved for and obtain a Cardless Card before the expiration
date of the Referral Program. If you are eligible to earn Avios for a referral and these
steps are successfully completed, we will credit the Avios you earn to your Qatar
Airways Privilege Club account. The amount of Avios you may earn for each referral will
typically be set forth in the advertisement, terms, or other materials describing the
Referral Program in effect at any given time, which you can access by logging in to your
Card Account within the Cardless mobile application or web application (“Referral
Program Materials”). Avios you earn under a Referral Program will typically be credited
to your Qatar Airways Privilege Club account within ninety 90 days after you make a
successful referral in accordance with these Terms. Your Card Account and your Qatar
Airways Privilege Club account must be in good standing at the time we credit the Avios
or you will forfeit the Avios. You may earn Avios for referring up to ten 10 friends who
are approved for a Cardless Card within each calendar year.
Limitations, Terms and Conditions.
You may not earn Avios for a referral in combination with any other monetary offer,
award, or promotion. You agree that you will refer only individuals that you know
personally to Cardless. You will not engage in spamming, harassment, unsolicited
communication or other unfair or otherwise unwarranted or inappropriate treatment of
potential Referred Users. You will not compensate people to sign up with your unique
referral link. We will determine your eligibility to participate in any Referral Program in our
sole discretion. Any referral you make is subject to our verification. We may require you
to provide additional information to verify your eligibility to earn Avios for the referral,
and you will not earn the Avios if you do not provide the requested information within the
required timeframe. We reserve the right to withhold, delay, invalidate or decline to issue
Avios to your Qatar Airways Privilege Club account for any reason, subject to applicable
law.
ARBITRATION; CLASS ACTION AND JURY PROVISION
WAIVER
You have the right to opt out of arbitration as set forth below. Subject to the preceding
sentence, the following provisions will apply:
1. For any and all controversies, disputes, demands, claims, or causes of action
(including the interpretation and scope of this section and the arbitrability of the
controversy, dispute, demand, claim or cause of action) between any party to this
Agreement or relating to the Programs (“Covered Disputes”), each party agrees to
resolve such Covered Disputes exclusively through binding and confidential
arbitration. The arbitration will exclusively take place in the federal judicial district
located in San Francisco, California. Notwithstanding this agreement to arbitrate,
either party may seek emergency equitable relief in a federal or state court
located in the federal judicial district in San Francisco, California in order to
maintain the status quo pending arbitration, and each party hereby agrees to
submit to the exclusive personal jurisdiction of the courts located therein for such
purpose. A request for interim measures will not be deemed a waiver of the
obligation to arbitrate.
2. If you do not want the requirement to arbitrate a Covered Dispute to apply to you,
you may opt out of such arbitration by sending us written notice of your decision
within thirty 30 days of the date we accept you in the Program. Such notice
must clearly state that you wish to cancel or opt out of the arbitration requirement
of this Agreement. It should include your name, address, account number, and
your signature and must be mailed to: Cardless, Inc., 350 Townsend Street #610,
San Francisco, CA, 94107. If you opt out of arbitration, this arbitration provision will
not apply to you, excluding subsection 5 below, which will continue to apply to you
to the greatest extent permitted by law.
3. Each arbitration, including the selection of the arbitrator, will be administered by
the American Arbitration Association (“AAA”), or such other administrator as you
and we may mutually agree to according to the Consumer Arbitration Rules (“AAA
Rules”). For a copy of the procedures, to file a Claim or for other information about
this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or
at its website www.adr.org. To the extent that there is any variance between the
AAA Rules and this section, this section will control. Arbitrator(s) must be a
member of the state bar where the arbitration is held, with expertise in the
substantive laws applicable to the subject matter of the Covered Dispute. You and
we each agree that in this relationship (i) you and we are participating in
transactions involving interstate commerce; (ii) the arbitrator shall decide any
dispute regarding the enforceability of this section; and (iii) each arbitration is
governed by the provisions of the Federal Arbitration Act Title 9 of the United
States Code), and, to the extent any provision of that Federal Arbitration Act is
inapplicable, unenforceable or invalid, the laws of the state of California shall
apply. To find out how to initiate an arbitration, please call any office of the AAA or
visit www.adr.org.
4. Each party agrees to the following: (i) no class or similar group arbitration or claim
will be permitted; (ii) the arbitration will be confidential, and no party may disclose
the existence, content or results of any arbitration, except as may be required by
law or for purposes of enforcement of the arbitration award; (iii) subject to any
limitations of liability in this Agreement, the arbitrator may award any individual
relief or individual remedies that are expressly permitted by applicable law; and
(iv) each party will pay its own attorneys’ fees and expenses, unless there is a
statutory provision that requires the prevailing party to be paid its fees and
litigation expenses and the arbitrator awards such attorneys’ fees and expenses to
the prevailing party, and, in such instance, the fees and costs awarded will be
determined by the applicable law.
5. All parties understand and agree that by agreeing to this Agreement, EACH PARTY
IS GIVING UP HIS/HER/ITS RIGHT I TO HAVE A TRIAL BY JURY; II TO HAVE A
COURT RESOLVE ANY DISPUTE BETWEEN US, SUBJECT TO THE TERMS HEREIN
AND IF YOU HAVE NOT OPTED OUT OF ARBITRATION PURSUANT TO THE TERMS
HEREIN; AND III TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY
GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE
AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT
INVOLVING ANY DISPUTE BETWEEN US.
6. All statutes of limitations applicable to any Covered Dispute apply to any
arbitration between you and us. This arbitration provision shall survive: (i) the
termination of this Agreement; (ii) the bankruptcy of any party; (iii) any transfer,
sale, or assignment of your account; (iv) closing of the account; or (v) any other
relationship between you and us. This section constitutes the entire agreement
between you and us related to arbitration of a Covered Dispute and supersedes all
prior arrangements and other communications concerning dispute resolution. With
the exception of the provision of this section prohibiting arbitration on a class or
collective basis, if any part of this arbitration provision is deemed to be invalid,
unenforceable, or illegal, then the balance of this arbitration provision will remain
in effect and will be construed in accordance with its terms as if the invalid,
unenforceable, or illegal part was not contained herein.
7. You and we each agree to take all steps and execute all documents necessary for
the implementation of arbitration proceedings. The arbitrator may hear and rule on
appropriate dispositive motions as part of the arbitration proceeding, such as
motions for judgments on the pleadings, summary judgment, or partial summary
judgment. The AAA, the arbitrators, you, and we, must, to the extent feasible, take
any necessary action to ensure that an arbitration proceeding, as described in this
section, is completed within 180 days of filing the Covered Dispute with the AAA.
