The website located at www.points.com ("Points.com" or the "Site") is owned and operated by Points.com Inc. ("Points"), an Ontario corporation, with its principal place of business at 111 Richmond St. W., Suite 700 Toronto, ON, M5H 2G4 Canada. When used herein the terms "we", "us", and "our" refer to Points.
We reserve the right, at any time, to modify, alter, or update these terms and conditions of use. We will notify you of such changes by email at the address you registered with or by prominent notice on the Site. Your continued usage of the Site following such notification shall constitute your acceptance of the changes. If you do not agree to any such changes you must immediately cease using the Site.
Use of Points.com Generally
- As a condition of your use of this Site, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Site in accordance with this Agreement; (iv) you will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; and (vi) all information supplied by you on this Site is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
- You may only register one Points Loyalty Wallet account on Points.com.
- You may join Points.com directly or through Facebook Connect. When you join Points.com directly as a new user, you will be required to provide a password for your account. Your email address will be used as your login identification. When you join through Facebook Connect, your Facebook login credentials will be used to open and access your account with Points.com.
- You are responsible for keeping your user ID and password confidential.
- We reserve the right to terminate and delete any accounts at our sole and absolute discretion at any time and without notice.
- You may use Points.com for personal purpose only and not for any business, commercial or other use.
- We are entitled to act on all instructions received by anyone using your account and are not responsible for any transaction made without your authorization.
- You agree that we may transfer your personal data, or the personal data of others on whose behalf you are transacting, for the purposes of facilitating a transaction and providing sales support for a transaction.
- You consent to receive transactional, commercial and marketing communications both related to Points.com specifically, and to our other products and services generally (including products or services related towww.pointshound.com), from us electronically, except in those jurisdictions where your express consent is required to receive commercial or marketing communications electronically. Commercial and marketing communications may include notifications about relevant special offers or opportunities available from our partners. In such event, we will send you commercial or marketing communications electronically only if you have provided your express consent by proactively opting-in to receive such communications from Points regarding its products and services.
- We will communicate with you by e-mail or by posting notices on Points.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- To the extent you transact on this Site through call center agents, you agree that this Agreement shall apply to all such transactions.
- Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Site.
The content and information on this Site, as well as the infrastructure used to provide such content and information, is proprietary to us, our suppliers and/or our loyalty program partners. You are licensed to use our Site solely for the purpose set out above. You are not permitted to copy our Site. While you may make limited copies of transaction related documents for products or services purchased or exchanged through this Site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:
- make any speculative, false, or fraudulent claims about your membership to any loyalty rewards program or make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Site (including, without limitation, the purchase path for any transaction) for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization.
Tracking Your Balances
Points.com allows you to track the balances in the loyalty programs you belong to. In order for us to track your balances and display them to you, we need to know specific information regarding your loyalty reward program accounts (such as your reward program account number, user identification, personal identification number, password and/or access code). This information enables us to update your account balances on an ongoing basis. By providing this information to us you authorize us to use and disclose such information to third parties on your behalf in order to display your balances and to execute and complete transactions on Points.com.
- Points.com allows you to conduct the following loyalty program currency transactions:
- You may buy loyalty program currency in select loyalty programs;
- You may exchange your loyalty program currency from one program to another; or
- You may redeem your loyalty program currency for gift and stored value cards.
- The following terms and conditions apply to all transactions you conduct through Points.com:
- ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE. ONCE A TRANSACTION HAS BEEN SUBMITTED IT MAY NOT BE CANCELLED OR REVERSED;
- WE RESERVE THE RIGHT TO REVIEW, CANCEL AND REVERSE ANY TRANSACTION IN THE EVENT OF FRAUD, A CHARGE-BACK OF ANY TRANSACTION FEE PAID BY CREDIT CARD, OR AN ERROR OR MISTAKE MADE BY US, INCLUDING ERRORS IN ANY LOYALTY POINT CONVERSION, REDEMPTION OR SWAP RATE. YOU HEREBY CONSENT TO THE REMOVAL OF LOYALTY POINTS FROM YOUR LOYALTY PROGRAM ACCOUNTS AS REQUIRED BY US TO REVERSE A CANCELLED TRANSACTION;
- you agree to comply with the terms, conditions and rules of the loyalty programs involved in your transaction;
- if your transaction requires a cash payment, we will collect certain credit card information from you,
- by submitting the transaction, you authorize us to charge your credit card for the amount indicated;
- Points acknowledges its obligation to protect cardholder data it processes or accesses through Points.com and acknowledges it will maintain PCI DSS compliance with respect to such data.
- Additional terms and conditions apply to certain transactions as follows:
- Exchanging Loyalty Program Currency. In order to complete an exchange of your loyalty program currency from one program ("program A") to another program ("program B"), you must be a member of both programs. We will first redeem your currency from program A on your behalf and then use the proceeds from that transaction, net of our commission and any applicable taxes, to purchase the maximum amount of currency in program B possible. The rate you receive from program A for redeeming your currency and the rate charged by program B to acquire currency are determined by the applicable loyalty programs and not by us. With certain exceptions, we generally charge a commission of 15% on the proceeds from the redemption of currency from program A.
Misprints and Errors
We endeavour to provide current and accurate information on Points.com regarding the offers and transactions available to you. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.
You represent and warrant that you exclusively own any content that you post to Points.com. To the extent any such content is covered by intellectual property rights, like photos, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such content on or in connection with our Site.
Any data, text, graphics, images, audio and video clips, logos, icons, software, and links (collectively, the “Materials”), and any intellectual property and other rights relating thereto, are and will remain the property of Points, our suppliers and/or our loyalty program partners. The Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement.
You may make limited copies of documents related to transactions conducted via the Site (e.g., your travel itinerary, car-rental confirmation, or related documents) for personal, non-commercial use. You may not copy, reproduce, republish, upload, post, transmit, or distribute the Materials or other content or information available on or through the Site in any way without our prior written permission. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Points, our suppliers and/or loyalty program partners, or their respective licensors and suppliers. The Trademarks, whether registered or unregistered, may not be used in any manner that is likely to cause confusion with customers, or in any manner that disparages Points, our suppliers and/or loyalty program partners, or their respective licensors and suppliers. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark.
This Agreement shall remain effective until we or you terminate it. We may terminate this Agreement, your account and/or your ability to use the Site or any portion thereof immediately, without notice to you, at any time and for any reason, with or without cause, including if, in our sole discretion, you fail to comply with any of these terms and conditions of use or engage in any fraudulent, criminal or other unauthorized activity. We may also close and terminate your account due to inactivity.
We reserve the right, at any time, to: (1) change the terms and conditions of this agreement; (2) change the Site, including eliminating or discontinuing any content on or feature of the Site; and/or (3) change any fees or charges for use of the Site. Any changes we make will be effective immediately and automatically without further or special notice. Your continued use of the Site following such changes will be deemed acceptance of such changes.
We further reserve the right at any time, without notice, to: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and/or (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Governing Law and Disputes
This Agreement and your use of Points.com is governed exclusively by the laws of the Province of Ontario, Canada notwithstanding any principles of conflicts of law. To the extent permitted by applicable law, any claim, dispute or controversy between you and us shall be determined by final and binding arbitration, with no right of appeal, even on questions of law. Such arbitration will be conducted in Toronto, Ontario, Canada in the English language pursuant to the National Arbitration Rules of the ADR Institute of Canada. If the foregoing arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes or controversies shall be settled exclusively by the courts of the Province of Ontario.
You agree that your use of the Site shall be at your sole risk. The Site and the services offered thereon are provided "as is" without warranty, representation, condition or guarantee of any kind, either expressed or implied, including but not limited to any implied warranties, representations, conditions or guarantees of quality, merchantability, merchantable quality, fitness for a particular purpose or non-infringement, all of which are disclaimed to the fullest extent permitted by law. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Points nor any of its affiliates, licensors, suppliers, advertisers, sponsors, and agents warrant that your use of the Site or the software will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted or software are free of viruses or other harmful components.
Although Points makes reasonable efforts to ensure that the balances displayed to you on Points.com are accurate and up to date, we cannot ensure that this will always be the case and hereby disclaims any responsibility for the accuracy of such balances.
Limitation of Liability
Neither Points its suppliers and/or its loyalty program partners, nor any of our/their affiliates, licensors, suppliers, advertisers, or sponsors, nor any of our/their directors, officers, employees, contractors, consultants, agents, or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, damages for loss of business, loss of data, or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or materials contained on the Site, the software, any linked site or any product or service purchased through the Site.
Your sole remedy for dissatisfaction with the Site, materials, software or any linked site is to stop using the Site, materials, software or linked site, as applicable. Our maximum liability for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall in no event exceed the amount paid by you for the transaction giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend, and hold Points, and our respective affiliates, licensors, suppliers, advertisers, and sponsors, and their respective directors, officers, employees, contractors, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
Entire Agreement, Waiver and Severability
We shall have no liability for delays or failure in performance caused by any event beyond our control.
Use of the Term "Partner"
The use of term "partner" on Points.com and in any other materials is not intended to indicate that such loyalty program is in a legal partnership with us. Rather, the term is used in a marketing sense to show participation by the "partners" in Points’ products and services.
Certain Partner Disclaimers and Trademarks
American Airlines reserves the right to change the AAdvantage program and its terms and conditions at any time without notice, and to end the AAdvantage program with six months notice. Any such changes may affect your ability to use the awards or mileage credits that you have accumulated. Unless specified, AAdvantage miles earned through this promotion/offer do not count toward elite-status qualification or Million Miler® status. American Airlines is not responsible for products or services offered by other participating companies. For complete details about the AAdvantage program, visit www.aa.com/aadvantage.
AmericanAirlines, AAdvantage, AAdvantage with Scissor Eagle design and Million Miler® are either trademarks or registered trademarks of American Airlines, Inc.
Aeroplan® is a registered trademark of Aeroplan Limited Partnership.
Starbucks, the Starbucks logo and the Starbucks Card design are either trademarks or registered trademarks of Starbucks U.S. Brands, LLC.