TERMS OF USE

THE WEBSITE LOCATED AT WWW.POINTS.COM ("POINTS.COM") IS OWNED AND OPERATED BY POINTS.COM INC. POINTS.COM INC. IS 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.COM INC.

THE FOLLOWING TERMS AND CONDITIONS TOGETHER WITH THE POINTS.COM PRIVACY POLICY GOVERN YOUR USAGE OF POINTS.COM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS YOU MAY NOT USE THE SITE.

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 E-MAIL AT THE ADDRESS YOU HAVE REGISTERED WITH. 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

  1. You may only register once with Points.com. We reserve the right to terminate and delete any duplicate accounts at our sole and absolute discretion at any time and without notice.
  2. You may use Points.com for personal purpose only and not for any business, commercial or other use.
  3. 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.
  4. You are responsible for keeping your user ID and password confidential.
  5. 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.
  6. You consent to receive communications from us electronically. 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.
  7. The use of robots, spiders, scripts or other automated agents or programs is strictly prohibited on Points.com.
  8. You may not violate the restrictions in any robot exclusion headers on Points.com or bypass or circumvent other measures employed to prevent or limit access to Points.com.
  9. You may not take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  10. You may not "frame", "mirror" or otherwise incorporate any part of Points.com 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.

Although Points.com makes reasonable efforts to ensure that the balances displayed to you are accurate and up to date, Points.com cannot ensure that this will always be the case and hereby disclaims any responsibility for the accuracy of such balances.

Points.com Transactions

  1. Points.com allows you to conduct the following loyalty program currency transactions:
    1. You may buy loyalty program currency in select loyalty programs for yourself or as a gift for someone else.
    2. You may exchange your loyalty program currency from one program to another.
    3. You may redeem your loyalty program currency for gift and stored value cards.
  2. The following terms and conditions apply to all transactions you conduct through Points.com:
    1. ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE. ONCE A TRANSACTION HAS BEEN SUBMITTED IT MAY NOT BE CANCELLED OR REVERSED.
    2. 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.
    3. You agree to comply with the terms, conditions and rules of the loyalty programs involved in your transaction.
    4. 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.
  3. Additional terms and conditions apply to certain transactions as follows.
    1. 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.

Proprietary Rights and Partner Trademarks

All materials and content on Points.com (collectively the "Content"), including, without limitation, text, data, information, images, illustrations, audio clips, video clips, special games, surveys and special promotions, are protected by intellectual property rights owned and controlled by us and/or our suppliers and loyalty program partners. None of the Content may be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior written consent or except as specifically permitted on Points.com. Use of the Content for any purpose other than your own personal and non-commercial use is prohibited and is a violation of copyrights and other intellectual property rights.

The trademarks, logos and service marks that you see on Points.com are owned and controlled by us and/or our suppliers and loyalty program partners. Nothing herein or on Points.com grants you any license or right to use any such marks or logos. Your misuse of any such marks or logos is strictly prohibited and is a violation of copyrights and other intellectual property rights.

Aeroplan® is a registered trademark of Aeroplan Limited Partnership. AmericanAirlines and AAdvantage are registered trademarks of American Airlines, Inc. Starbucks, the Starbucks logo and the Starbucks Card design are either trademarks or registered trademarks of Starbucks U.S. Brands, LLC.

Linked Sites

SOME LINKS ON POINTS.COM REFER YOU TO THIRD PARTY SITES NOT UNDER THE OPERATION OR CONTROL OF POINTS.COM. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SUCH SITES AND WE PROVIDE THESE LINKS TO YOU ONLY FOR CONVENIENCE. THE INCLUSION OF ANY LINK TO THESE SITES DOES NOT IMPLY ENDORSEMENT BY POINTS OF THE LINKED SITE.

Termination

  1. We may terminate your right to use Points.com immediately, without notice to you, 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.
  2. We may also close and terminate your account due to inactivity.

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.

Disclaimer

POINTS.COM 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.

Limitation of Liability

OUR AND OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES, ENTIRE LIABILITY, REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE TRANSACTION GIVING RISE TO THE CLAIM. IN NO EVENT SHALL ANY OF THE FOREGOING PERSONS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED IN ANY CONNECTION WITH POINTS.COM OR YOUR USE THEREOF HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify and hold us and our affiliates, and their respective officers, directors, and employees, harmless from any claim or demand made against any of them by any third party due to or arising out of your use of Points.com, breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party, including intellectual property rights.

Entire Agreement, Waiver and Severability

This Agreement, together with any applicable transaction request and confirmation, constitute the entire agreement between you and us with respect to your use of Points.com and the processing of any transactions thereon and supersede all prior or contemporaneous agreements or understandings, if any, whether written or oral, relating to such subject matter. No modification, amendment or waiver of this Agreement shall be effective or binding unless made in writing and signed by us. If any of the provisions of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

Force Majeure

We shall have no liability for delays or failure in performance caused by any act of God, war, strike, labour dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar 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.com products and services.

Partner Disclaimers

American Airlines reserves the right to change AAdvantage® program rules, regulations, travel awards and special offers at any time without notice, and to end the AAdvantage® program with six month's notice. Any such changes may affect your ability to use the mileage awards or credits that you have accumulated. Members may not be able to obtain all offered awards at all times or use awards for all destinations or on all flights. AAdvantage® travel awards, mileage accrual and special offers are subject to government regulations. 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 Terms and Conditions of the AAdvantage® program click here. For complete details about the AAdvantage® program, visit www.aa.com/aadvantage.

AmericanAirlines, AAdvantage and Million Miler are marks of American Airlines, Inc.

This User Agreement was last updated on June 13, 2016.