Terms of Sale for Buy, Gift, Transfer and Booster of Virgin Points

Your request to buy, gift, transfer or boost Virgin Points (each a “Mileage Transaction”) is processed by Points as the merchant of record. You agree that the awarding and use of Virgin Points subject to a Mileage Transaction hereunder are at all times subject to the terms and conditions of Programme (the “Programme Terms”) and Privacy Policy of Virgin Atlantic Airways Limited.

When used herein the terms "We", "Us", and “Points” refer to Points.com Inc., and its affiliate Points International (UK) Limited. The local offices of Points.com Inc. are located at 595 Pacific Ave., 4th Floor San Francisco, CA 94133, USA. The local offices of Points International (UK) Limited are located at 123 Buckingham Palace Rd, Second Floor, London SW1W 9SH. The head office of Points.com Inc. is located at 111 Richmond Street West, Suite 700, Toronto, Ontario M5H 2G4 Canada.

These terms of sale (“Terms of Sale”), together with your request for a Mileage Transaction, constitute the entire agreement between you and Points with respect to the subject matter hereof and supersede all prior or contemporaneous agreements or understandings, if any, whether written or oral, relating to such subject matter. By submitting your request for a Mileage Transaction, you acknowledge and accept these Terms of Sale. These Terms of Sale are subject to change without notice. These Terms of Sale were last updated on July 5, 2023.

You must be considered a member in good standing of the Virgin Atlantic Flying Club programme (the “Programme”) in order to process a Mileage Transaction with Points pursuant to these Terms of Sale.
Your Mileage Transaction shall not be effective until accepted by Points. Acceptance by Points shall be evidenced only by the actual deposit of purchased or transferred Virgin Points into your Flying Club account or the Flying Club account of the recipient. Notwithstanding the foregoing, Points reserves the right to revoke or cancel any acceptance, cancel and/or reverse transactions as set forth below.
ALL MILEAGE TRANSACTIONS ARE NON-REFUNDABLE, except as stated in the Programme Terms and unless otherwise required by law.
Prices do not include any fees or taxes and are subject to change without notice. The total purchase price, including any applicable fees and taxes, charged in connection with a Mileage Transaction will be shown during the check-out process.
You may not sell, barter or otherwise conduct any unauthorized distribution of any Virgin Points subject to a Mileage Transaction hereunder. If any such Virgin Points are resold, distributed or used for improper purposes by you, as determined by Points in its sole and absolute discretion, or obtained through credit card abuse or fraud or other illegal means, Points may, at its option and with the assistance of Virgin Atlantic, cancel, void, refuse to honour and/or confiscate such Virgin Points and pursue any and all other rights and remedies that may be available including, where deemed appropriate by Points and/or Virgin Atlantic, closure of your account, forfeiture of all Virgin Points in your Flying Club account, and/or termination in your participation in the Programme or other loyalty programs you participate in through Points. You agree that Virgin Atlantic may debit Virgin Points from your account, or the account you have given or transferred Virgin Points to, in connection with the foregoing. You agree to fully cooperate with all reasonable requests of Points concerning any investigation or prosecution of anyone engaging in, or suspected of engaging in, abuse or fraud with respect to any Mileage Transaction hereunder.
Any Virgin Points subject to a Mileage Transaction hereunder will not count towards qualifying you for any increased or improved status in the Programme.
Mileage Transactions are subject to the transaction limits set forth below.

Buy/Gift

Virgin Points may be bought, for yourself or as a gift for other Programme members, in blocks of 1,000 Virgin Points from 1,000 to a maximum of 100,000 Virgin Points in a calendar year.

The maximum number of Virgin Points you may buy for yourself or receive as a gift is 100,000 Virgin Points in each calendar year. There is no limit to the number of other Programme members you can gift points to, so long as the total number of points per person does not exceed 100,000 in each calendar year.

Transfer

There is no overall limit to the number of points you can transfer (or receive) although minimum increments apply based on the total number of points being transferred. For example, transfers of between 1,000 and 100,000 must be made in increments of 1,000 points. Transfers of up to 2,000,000 points will be processed as a Mileage Transaction by Points. For transfers in excess of 2,000,000 points, the first 2,000,000 points will be processed as a Mileage Transaction by Points with the balance then being processed by the Programme member support team following completion of some additional checks.

Booster

Virgin Points earned from eligible bookings may be boosted by purchasing the amount, or any multiple thereof specified under the applicable offer (for eg, 1x, 2x), of the earned Virgin Points for such eligible bookings with Virgin Atlantic.
Your request for, or acceptance by Points of, a Mileage Transaction does not guarantee the availability of any rewards associated with Virgin Atlantic or any other partner and/or service, and Points shall have no liability or responsibility where you or your recipient are unable to use or redeem any Virgin Points that are the subject of a Mileage Transaction.
You agree to make full payment to Points with a valid payment instrument prior to any Virgin Points being posted to your account or the account of your recipient. By submitting a request for a Mileage Transaction, you authorize Points or its representative to charge the credit card number you provided.

Any currency exchange rate, foreign transaction fee and additional fees are determined solely by the issuer of your payment instrument and not by Points or Virgin Atlantic. If you have any questions about these fees or the exchange rate applied to your transaction, please contact your bank.

In the event of any Virgin Points or financial discrepancy, the payment calculations with respect to a Mileage Transaction hereunder shall be based upon data contained in Points' records, and the data in Points' records shall take precedence over the data in any other records.
You agree that the awarding and use of all Virgin Points, including those subject to a Mileage Transaction hereunder, are at all times subject to the terms, conditions, exclusions and limitations of the Programme. Virgin Atlantic has the sole and exclusive authority and responsibility for operating, modifying, terminating and establishing the terms and conditions applicable to the Programme. Points shall have no liability or responsibility to you for, and has no obligation to notify you of, any action, inaction or decision taken by Virgin Atlantic in connection with the Programme. You hereby agree not to make any claim against Points for any action, inaction or decision taken by Virgin Atlantic in connection with the Programme. Points shall not be treated as the agent of Virgin Atlantic for any purpose.

To the fullest extent permitted by applicable law, you shall indemnify, defend and hold Points and its affiliates, Virgin Atlantic and its affiliates, and each such entity's respective directors, officers, employees, contractors, partners, agents, affiliates, successors and assigns, harmless from and against any and all losses, obligations, claims, damages, demands, liabilities, suits, actions, costs, fees and expenses whatsoever incurred, suffered or borne by or asserted against any such persons in any way relating to, arising out of or resulting from (i) your performance or failure to perform hereunder or (ii) any breach by you of these Terms of Sale.
Virgin Points subject to a Mileage Transaction and any associated services 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.
Points' and Virgin Atlantic's 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 applicable Mileage Transaction. In no event shall points or Virgin Atlantic be liable for any special, indirect, incidental or consequential damages suffered in connection with these terms of sale or the applicable Mileage Transaction 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 points or Virgin Atlantic has been advised of the possibility of such damages.
You shall comply with all laws, rules and regulations applicable to these Terms of Sale and the Programme.
These Terms of Sale are governed exclusively by the laws of the Province of Ontario, Canada and the laws of Canada applicable therein, without regards to conflicts of law principles thereof. To the fullest extent permitted by applicable law, any claim, dispute or controversy between you and Points shall be determined by final and binding arbitration to the exclusion of the courts. Such arbitration will be conducted in Toronto, Ontario, Canada on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in Ontario. 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, located in Toronto, Ontario. Further, Points retains the right to seek immediate injunctive relief if, in its business judgment, such relief is necessary to protect its interests prior to utilizing or completing the dispute arbitration processes described in this Section. To the extent permitted by applicable law, in the event any translation of these Terms of Sale is prepared for convenience or any other purpose, the provisions of the English language version of these Terms of Sale shall prevail if there is a conflict between the English language version and any such translation of these Terms of Sale.
You may not assign or transfer these Terms of Sale, or any right or obligation hereunder, whether by express assignment, operation of law or otherwise. No modification, amendment or waiver of these Terms of Sale shall be effective or binding unless made in writing and signed by Points. If any provision of these Terms of Sale is found to be or becomes invalid or unenforceable, whether in whole or in part, such provision or part thereof declared invalid or unenforceable shall be deemed to be severable and shall be deleted from these Terms of Sale and all remaining terms and conditions of these Terms of Sale shall continue to be valid and enforceable.
Points shall have no liability for delays or failure in its performance hereunder 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 its control.
Virgin Atlantic is not liable for any damages suffered by you in connection with these Terms of Sale, any Mileage Transaction hereunder, the processing of any payment by Points in connection with such Mileage Transaction, or any other activity with Points 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 you have advised of the possibility of such damages.