Terms of Use

1. Welcome

Welcome to BrandPay.

These Consumer Terms of Use (“Terms”) govern your access to and use of the BrandPay platform, its websites or applications (“Site”), reward infrastructure, integrations, and related services (collectively, the “Services”) provided by True Ample Limited (Hong Kong Co. No. 3065248) trading as BrandPay (“BrandPay”, “we”, “us”, or “our”).

BrandPay allows consumers (“Consumers”, “you”, or “your”) to participate in brand Rewards, earn reward value through eligible social content and participation activity, and redeem eligible rewards with participating brands, venues, retailers, ecommerce businesses, and other participating merchants (“Merchants”).

By using a Site, creating an account, accessing any Services or participating in rewards, you agree to comply with and be bound by these Terms, our Privacy Policy, and any additional policies or guidelines incorporated by reference.

If you do not agree to these Terms, you must not use any Sites or the Services.

2. Eligibility and Accounts

To use BrandPay, you must:

• be at least 16 years old, or the minimum legal age required in your jurisdiction;
• be legally capable of entering into legally binding agreements;
• provide accurate and current account information; and
• comply with these Terms and all applicable laws.

You may be required to:

• register using your mobile phone number;
• verify you own eligible social media accounts;
• enable device permissions required for platform functionality; and
• maintain authentic social media participation.

You are responsible for:

• maintaining the security of your account and account credentials;
• restricting access to your device and account credentials; and
• all activity conducted through your account.

You must notify BrandPay immediately if you suspect unauthorised access, fraud, or security issues involving your account.

To help maintain a fair and authentic platform for both Consumers and Merchants, BrandPay may apply participation limits, eligibility requirements, moderation controls, fraud prevention systems, or automated integrity checks relating to:

• reward participation;
• social account authenticity;
• engagement quality;
• account behaviour;
• participation history; and/or
• platform abuse prevention.

Repeated fraudulent, manipulated, misleading, spam-like, inauthentic, or abusive behaviour may, at our discretion, result in reduced participation eligibility, reward restrictions, suspension, or account termination.

3. How BrandPay Works

Consumers may participate in eligible Merchant rewards through the BrandPay platform.

Participation may include:

• posting eligible social content;
• tagging or mentioning Merchants;
• submitting eligible content for review;
• participating in campaigns; and/or
• or engaging in other approved reward activities.

Where eligible reward activity is successfully completed and approved by us, Consumers may receive Merchant reward value, credits, balances, or other supported reward formats through the BrandPay platform.

Reward redemption methods may vary depending on the Merchant, location, platform integrations and available Services, and may include:

• in-store redemption;
• QR code redemption;
• ecommerce redemption;
• gift card or voucher workflows;
• loyalty integrations;
• virtual card functionality in supported regions; and/or
• other supported redemption methods.

Certain Merchant reward balances may also be eligible for conversion into BrandPay universal reward balances or other supported redemption formats in accordance with BrandPay platform rules.

Conversion rates, redemption rules, expiry rules, participation limits and reward conditions will vary between Merchants, campaigns, jurisdictions, and reward types.

BrandPay is not a bank, deposit-taking institution, or regulated financial institution.

Reward balances, credits, and redemption functionality are provided solely in connection with Merchant reward campaigns and supported Services.

Reward balances displayed through Sites are not bank accounts, stored monetary deposits, or safeguarded consumer funds. BrandPay does not hold funds on behalf of Consumers as a deposit-taking institution or custodial wallet provider.

Where supported, redemption methods such as virtual card functionality operate solely as mechanisms for facilitating eligible reward redemption activity through the BrandPay platform.

Reward availability, redemption functionality, and access to reward balances depend on continued platform operation, Merchant participation, available campaign funding, supported integrations, and compliance with applicable reward terms and platform rules.

BrandPay does not guarantee:

• reward availability;
• Merchant participation;
• continued Reward campaigns;
• uninterrupted redemption functionality; or
• compatibility with all third-party platforms or integrations.

4. Reward Participation Rules

Consumers must participate in rewards authentically, lawfully, and in accordance with:

• these Terms;
• applicable reward guidelines;
• Merchant campaign rules;
• and applicable third-party platform rules.

Consumers must not:

• create fake or duplicate accounts;
• artificially manipulate engagement metrics;
• purchase fake followers, likes, or engagement;
• impersonate other individuals or entities;
• submit misleading or fraudulent content;
• mask or manipulate geographic location information;
• attempt to exploit platform vulnerabilities;
• interfere with platform security or integrity;
• or engage in unlawful, abusive, offensive, discriminatory, or harmful conduct.

BrandPay may investigate suspected fraud, abuse, manipulation, policy violations, or unlawful activity or any breach of these Terms and may restrict participation, remove rewards, suspend or terminate accounts, prohibit future accounts or use of Sites, revoke rewards or take other enforcement action where we deem it necessary to:

• protect platform integrity;
• protect Consumers or Merchants;
• comply with laws or platform rules; and/or
• prevent fraud, abuse, reputational harm, or operational risk.

5. Content, Permissions, and Participation

Consumers retain ownership of their created content.

BrandPay does not claim ownership of, or responsibility for, content submitted, posted, tagged, uploaded, or associated with Reward participation.

Where Consumers voluntarily participate in rewards through BrandPay participation workflows, Consumers grant BrandPay and the relevant Merchant permission to:

• review;
• display;
• repost;
• publish;
• promote; and
• otherwise use

eligible submitted content in connection with:

• reward campaigns;
• Merchant marketing activity;
• social media activity;
• ecommerce activity;
• reporting and analytics;
• promotional activity; and
• related brand communications associated with the relevant Merchant.

Consumers acknowledge that:

• reward participation may involve public social media content;
• submitted content may be viewed by Merchants and other users; and
• Merchants may continue using previously approved or published content associated with completed reward campaigns, subject to applicable laws and platform policies.

Consumers agree that:

• they own the content submitted through reward participation or otherwise have the necessary rights and permissions to participate;
• participation (and submission of the content) does not infringe any third-party rights; and
• all submitted content complies with all applicable laws, these Terms and platform rules.

BrandPay may moderate, review, restrict, reject, remove, or suspend content or reward participation where it deems it necessary in order to:

• investigate fraud or abuse;
• comply with laws or platform rules;
• protect platform integrity; or
• reduce legal, reputational, operational, or safety risks.

6. Platform Availability and Third-Party Services

BrandPay may rely on third-party platforms, integrations, APIs, payment providers, social media platforms, ecommerce systems, loyalty providers, communication providers, and related external services (“Third-Party Services”).

Third-Party Services may:

• change functionality;
• modify APIs;
• restrict integrations;
• suspend access;
• experience outages; and/or
• discontinue their services entirely.

BrandPay does not control Third-Party Services and cannot guarantee uninterrupted compatibility, availability, or functionality of third-party integrations.

If BrandPay permanently discontinues core platform operations, certain reward functionality, redemption methods, or access to unused reward balances may no longer be available.

BrandPay may modify, improve, suspend, discontinue, or update parts of the Services and rewards from time to time, including features, workflows, integrations, or platform functionality.

Where reasonably practicable, BrandPay will endeavour to minimise material disruption to active Services.

7. Privacy and Data Use

BrandPay processes personal information in accordance with its Privacy Policy.

By using the Services, you acknowledge that BrandPay may collect, store and process your data and information relating to:

• account activity;
• linked social media participation;
• reward participation;
• redemption activity;
• device information;
• foreground precise GPS location permissions while actively using the BrandPay Apps; and
• operational or fraud prevention activity.

BrandPay may share relevant participation, engagement, redemption, moderation, and campaign or reward-related information with participating Merchants in connection with reward campaigns and related Services in accordance with our Privacy Policy.

BrandPay does not sell personal information to third parties.

For more information regarding data handling, retention, security practices, and your privacy rights, please refer to the BrandPay Privacy Policy.

8. Suspension and Termination

Consumers may delete their account at any time through supported BrandPay account settings or by contacting BrandPay support.

BrandPay may suspend, restrict, or terminate accounts or reward participation where it deems it necessary to:

• investigate fraud or abuse;
• enforce these Terms;
• comply with laws or platform rules;
• protect Consumers, Merchants, or third parties; or
• maintain platform integrity, security, or operational stability.

Unused or unredeemed Reward balances associated with fraudulent, abusive, manipulated, or prohibited activity may be restricted, reversed, removed, or forfeited.

Certain operational, moderation, fraud prevention, accounting, audit, security, or legal records associated with reward participation may continue to be retained after account deletion in accordance with BrandPay’s Privacy Policy.

9. Disclaimers and Consumer Rights

BrandPay provides the Services using reasonable care and skill.

However, BrandPay does not guarantee or make any warranty to you that:

• the Site or Services will be uninterrupted, accurate, secure, or error-free;
• reward campaigns or rewards will remain available indefinitely;
• participating Merchants will continue participating in BrandPay;
• Redemption functionality will always remain available; or
• all third-party integrations or external platforms will continue operating without interruption.

Certain aspects of the Services rely on third-party platforms, Merchants, integrations, social media services, payment providers, and related infrastructure outside BrandPay’s reasonable control.

Nothing in these Terms excludes, restricts, or limits any rights, guarantees, warranties, or remedies that cannot lawfully be excluded under applicable consumer protection laws.

10. Warranties

To the maximum extent permitted by applicable law, the Services and rewards are provided on an “as available” basis. BrandPay does not make warranties or representations regarding:

• uninterrupted availability of the Services;
• continued availability of any Merchant rewards or campaigns;
• compatibility with all third-party services or integrations;
• or the conduct, actions, or omissions of Merchants or third parties.

Reward availability and redemption functionality depend on:

• participating Merchants;
• third-party providers;
• supported integrations;
• applicable campaign rules;
• and continued operation of the BrandPay platform.

While BrandPay takes reasonable steps to protect platform security and personal information, no method of electronic transmission, storage, or online service can be guaranteed completely secure. Some jurisdictions do not allow certain exclusions or limitations of warranties or consumer rights. In those jurisdictions, certain exclusions in these Terms may not apply to you.

11. Limitation of Liability and Indemnities

To the maximum extent permitted by law, BrandPay will not be liable for indirect, incidental, consequential, special, exemplary, punitive or similar losses or damages arising in connection with:

• use of the Site or the Services;
• inability to access any Sites or Services, rewards, or redemption functionality;
• third-party platform failures;
• Merchant conduct;
• reward campaign changes or discontinuation;
• or unauthorised access or security events caused by third parties outside BrandPay’s reasonable control.

Nothing in these Terms limits liability that cannot lawfully be limited or excluded under applicable law.

Consumers remain responsible for their unlawful misuse of the Services, fraudulent activity, breaches of these Terms, or infringement of third-party rights arising from content or activity submitted through the BrandPay platform.

Where liability cannot lawfully be excluded, BrandPay’s liability will be limited to the minimum extent permitted under applicable law.

12. Changes to the Services or Terms

BrandPay may update these Terms or modify the Services from time to time.

Updated Terms will become effective upon publication or the stated effective date.

Continued use of the Services following updates constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by the laws of Hong Kong SAR, without giving effect to any principles of conflicts of laws thereof.

Subject to applicable laws, the courts of Hong Kong SAR shall have jurisdiction over disputes arising out of or relating to these Terms or the Services.

Nothing in these Terms prevents BrandPay from seeking injunctive or equitable relief in any relevant jurisdiction.

14. Contact

For questions regarding these Terms or the Services, please contact: