TERMS AND CONDITIONS OF THE BUY/GIFT PROGRAM
You acknowledge and accept these terms and conditions of the Buy and Gift Program (the "Buy/Gift Program Terms and
Conditions") by submitting your online or offline request to purchase Flying Blue Miles ("Miles") from Points.com Inc.("Points.com") When used herein the terms "We", "Us", and “Points” refer to Points.com Inc., and its affiliate Points International (UK) Points.com Inc. ("Points.com") Limited. The local offices of Points.com Inc. are located at 595 Pacific Ave., 4th Floor San
Francisco, CA 94133, USA. The head office of Points.com Inc. is located at 111 Richmond Street
West, Suite 700, Toronto, Ontario M5H 2G4 Canada.
- You must be a member in good standing of the Flying Blue Programme in order to purchase or receive purchased
Miles; only available for members older than 18 years.
- Your purchase request shall not be effective until accepted by Points.com. Acceptance by Points.com shall be
evidenced only by the actual delivery of Miles into your Flying Blue account or delivery of a Gift Certificate
code via email to the person you have purchased Miles for. Notwithstanding the foregoing, Points.com reserves the
right to revoke or cancel any acceptance and cancel and reverse transactions as set forth below.
- You have the right to withdraw your purchase in whole and not in part within 14 working days of the date of
purchase without penalty and for any reason, provided that the purchased Miles are capable of being retrieved in
full from your account or the person whom you purchased them for. After this period, Points.com has no obligation
to refund any purchase of Miles.
- Any purchased Miles will not count toward qualification for any increased or improved status in the Flying Blue
Programme and will not be considered as an extending activity with respect to the validity of the Miles in the
Flying Blue Programme.
- Explorer members may only purchase up to 100,000 Miles in any one Buy Miles transaction and up to 100,000 Miles
in any calendar year unless a promotion is active, in which case it is possible to purchase Bonus Miles on top of
100,000 Miles.
In addition, Explorer members can gift or receive up to 100,000 Miles in any one Gift Miles
transaction and up to 100,000 Miles in any calendar year unless a promotion is active, in which case it is
possible to gift or receive Bonus Miles on top of 100,000 Miles.
- Silver, Gold and Platinum members may purchase up to 300,000 Miles in any one Buy Miles transaction and an
unlimited number of Miles in any calendar year. If a promotion is active, it is possible to purchase Bonus Miles
on top of the 300,000 Miles.
In addition, Silver, Gold and Platinum members can gift or receive up to 300,000
Miles in any one Gift Miles transaction and gift or receive an unlimited number of Miles in any calendar year
unless a promotion is active, in which case it is possible to gift or receive Bonus Miles on top of 300,000 Miles.
- The purchased Miles are subject to the Flying Blue General Terms and Conditions and therefore cannot under any
circumstances be transferred, bequeathed, assigned, sold or combined, whether or not for valuable consideration,
with the account of the Miles of any other person, whether or not that person is a member of the Flying Blue
Programme, or with any other account belonging to the member.
- If any Miles purchased by you are resold, distributed or used for improper purposes as determined by Points.com,
or obtained through credit card abuse or fraud or other illegal means, Points.com may, at its option and with the
assistance of Air France and KLM Royal Dutch Airlines (KLM), cancel, void, refuse to honour and/or confiscate such
Miles and pursue any and all other rights and remedies that may be available. You agree that Points.com may debit
your account or the account you have purchased Miles for in connection with the foregoing. You agree to fully
cooperate with all reasonable requests of Points.com concerning any investigation or prosecution of anyone
engaging in or suspected of engaging in abuse or fraud with respect to the sale of Miles hereunder.
- The purchase of Miles is not a guarantee of the availability of any Flying Blue Programme rewards and neither
Points.com nor Air France or KLM shall have any liability or responsibility where you are unable to use or redeem
any purchased Miles.
- You agree to pay Points.com in full by credit card prior to any Miles being posted to your Flying Blue Programme
account. By submitting a request to purchase Miles you authorize Points.com or its representative to charge the
credit card number you provided.
- You agree that the awarding and use of all Miles, including those purchased hereunder, are subject to the terms,
conditions, exclusions and limitations of the Flying Blue Programme, and that Air France and KLM have the sole and
exclusive authority and responsibility for operating, modifying, terminating and establishing the terms and
conditions applicable to the Flying Blue Programme. Points.com shall have no liability or responsibility to you
for, and has no obligation to notify you of, any action, inaction or decision taken by Air France or KLM in
connection with the Flying Blue Programme. You hereby agree not to make any claim against Points.com for any
action, inaction or decision taken by Air France or KLM in connection with the Flying Blue Programme. Points.com
shall not be treated as the agent of Air France or KLM for any purpose.
- You shall indemnify, defend and hold Points.com and its affiliates, and their 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 use of or participation in the Flying Blue Programme, (ii) your performance or
failure to perform hereunder or (iii) any breach by you of these Buy/Gift Program Terms and Conditions.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, MILES SOLD TO YOU 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.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, POINTS.COM'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 PURCHASE OF MILES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
POINTS.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED IN CONNECTION WITH
THESE BUY/GIFT PROGRAM TERMS AND CONDITIONS OR YOUR PURCHASE OF MILES 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.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- You shall comply with all laws, rules and regulations applicable to these Buy/Gift Program Terms and Conditions
and your purchase or gift of Miles.
- To the extent permitted by applicable law, these Buy/Gift Program Terms and Conditions are governed exclusively
by the laws of the Province of Ontario, Canada notwithstanding any principles of conflicts of law.
- These Buy/Gift Program Terms and Conditions, together with your purchase request, constitute the entire
agreement between you and Points.com 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. No
modification, amendment or waiver of these Buy/Gift Program Terms and Conditions shall be effective or binding
unless made in writing and signed by Points.com.
- You may not assign or transfer these Buy/Gift Program Terms and Conditions, or any right or obligation
hereunder.
- Points.com 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.
- You agree with Points.com verifying with Air France and KLM the data you have provided Points.com with.
- You understand and agree that Flying Blue Programme members residing in certain countries are not able to use
the Buy/Gift Program. As of the date of these Buy/Gift Program Terms and Conditions, these countries are: Algeria,
Austria, Belarus, Bulgaria, Lithuania, Macedonia, Nigeria and Philippines. Points.com reserves the right to amend
this list of countries from time to time, without prior notice.
- Should you have any questions about the Buy/Gift Program or these Buy/Gift Program Terms and Conditions please
contact the Flying Blue Programme through the contact details listed on www.airfrance.com and www.klm.com.
- Points.com is responsible for the processing of your personal data in accordance with applicable data protection
and privacy laws and regulations. Your personal data will be used and disclosed by Points.com in order to complete
your requested transaction. You have the right at any time to access, modify, rectify and delete all your personal
data in the possession or control of Points.com, provided you file a written request with a copy of your proof of
identity to the attention of the Data Privacy Officer at the address set forth above.
TERMS AND CONDITIONS OF THE TRANSFER PROGRAM
You acknowledge and accept these terms and conditions of the Buy and Gift Program (the "Buy/Gift Program Terms and
Conditions") by submitting your online or offline request to purchase Flying Blue Miles ("Miles") from Points.com
Inc. 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 head office of Points.com Inc. is located at 111 Richmond Street
West, Suite 700, Toronto, Ontario M5H 2G4 Canada.
- You and the transferee must each be a member in good standing of the Flying Blue Programme in order to complete
a transfer of Miles.
- Your transfer request shall not be effective until accepted by Points.com. Acceptance by Points.com shall be
evidenced only by the actual debiting of Miles from your account and depositing of such Miles into the account of
the transferee. Notwithstanding the foregoing, Points.com reserves the right to revoke or cancel any acceptance
and cancel and reverse transactions as set forth below.
- You have the right to withdraw your purchase in whole and not in part within 14 working days of the date of
purchase without penalty and for any reason, provided that the purchased Miles are capable of being retrieved in
full from your account or the person whom you purchased them for. After this period, Points.com has no obligation
to refund any purchase of Miles.
- Any transferred Miles will not count toward qualification for any increased or improved status in the Flying
Blue Programme.
- Explorer members may only transfer up to 100,000 Miles in any one transaction and a maximum of 100,000 Miles in
any calendar year. In addition, no Explorer member may receive more than 100,000 Miles per year through the
transfer service. Silver, Gold and Platinum members may transfer up to 300,000 Miles in any one transaction and an
unlimited number of Miles in any calendar year. In addition, Silver, Gold and Platinum members may receive an
unlimited number of Miles through the transfer service.
- Neither you nor the transferee may sell, barter or otherwise conduct any unauthorized distribution of any Miles
transferred hereunder. If any Miles are resold, distributed or used for improper purposes as determined by
Points.com.com in its sole and absolute discretion, or any transfer of Miles is conducted through credit card
abuse or fraud or other illegal means, Points.com may, at its option and with the assistance of Air France and
KLM, cancel, void, refuse to honor and/or confiscate such transferred Miles and pursue any and all other rights
and remedies that may be available. You agree that Points.com may debit your account or the account you have
transferred Miles to in connection with the foregoing. You agree to fully cooperate with all reasonable requests
of Points.com concerning any investigation or prosecution of anyone engaging in or suspected of engaging in abuse
or fraud with respect to the transfer of Miles hereunder.
- The transfer of Miles is not a guarantee of the availability of any Flying Blue Programme rewards and Points.com
shall have no liability or responsibility where you or the transferee are unable to use or redeem any transferred
Miles.
- You agree to pay Points.com in full by credit card prior to any Miles being posted to the transferee's Flying
Blue Programme account. By submitting a request to transfer Miles you authorize Points.com or its representative
to charge the credit card number you provided.
- You agree that the awarding and use of all Miles, including those transferred hereunder, are subject to the
terms, conditions, exclusions and limitations of the Flying Blue Programme, and that Air France and KLM has the
sole and exclusive authority and responsibility for operating, modifying, terminating and establishing the terms
and conditions applicable to the Flying Blue Programme. Points.com shall have no liability or responsibility to
you for, and has no obligation to notify you of, any action, inaction or decision taken by Air France and KLM in
connection with the Flying Blue Programme. You hereby agree not to make any claim against Points.com for any
action, inaction or decision taken by Air France and KLM in connection with the Flying Blue Programme. Points.com
shall not be treated as the agent of Air France and KLM for any purpose.
- You shall indemnify, defend and hold Points.com and its affiliates, and their 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 use of or participation in the Flying Blue Programme, (ii) your performance or
failure to perform hereunder or (iii) any breach by you of these Terms and Conditions.
- THE MILES TRANSFERRED 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.COM'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 TRANSFER OF MILES.
IN NO EVENT SHALL POINTS.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED IN
CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR TRANSFER OF MILES 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.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- You shall comply with all laws, rules and regulations applicable to these Terms and Conditions and your transfer
of Miles.
- These Terms and Conditions are 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 Points.com 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.
- You may not assign or transfer these Terms and Conditions, or any right or obligation hereunder.
- These Terms and Conditions, together with your transfer request, constitute the entire agreement between you and
Points.com 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. No modification, amendment or
waiver of these Terms and Conditions shall be effective or binding unless made in writing and signed by
Points.com.
- Points.com shall have no liability for delays or failure in its performance hereunder caused by any act of God,
war, strike, labor dispute, work stoppage, fire, act of government, or any other cause, whether similar or
dissimilar beyond its control.
- You agree with Points.com verifying with Air France and KLM the data you have provided Points.com with.
- You understand and agree that Flying Blue Programme members residing in certain countries are not able to use
the Transfer Program. As of the date of these Transfer Program Terms and Conditions, these countries are: Algeria,
Austria, Belarus, Bulgaria, Lithuania, Macedonia, Nigeria and Philippines. Points.com reserves the right to amend
this list of countries from time to time, without prior notice.
- Should you have any questions about the Transfer Program or these Transfer Program Terms and Conditions please
contact the Flying Blue Programme through the contact details listed on flyingblue.com
- Points.com is responsible for the processing of your personal data in accordance with applicable data protection
and privacy laws and regulations. Your personal data will be used and disclosed by Points.com in order to complete
your requested transaction. You have the right at any time to access, modify, rectify and delete all your personal
data in the possession or control of Points.com, provided you file a written request with a copy of your proof of
identity to the attention of the Data Privacy Officer at the address set forth above.
TERMS OF SALE FOR ACCELERATE OF FLYING BLUE MILES
Your request to accelerate Flying Blue Miles (each a “Mileage Transaction”) is
processed by Points as the merchant of record. You agree that the awarding and use of Miles subject to a Mileage
Transaction hereunder are at all times subject to the terms and conditions of the Flying Blue Programme and Privacy Policy
of Flying Blue.
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 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 in May 2021.
- You must be considered a member in good standing of the Flying Blue 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 Miles into your Flying Blue account or the Flying
Blue 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.
- You have the right to withdraw your purchase in whole and not in part within 14 working days of the date of
purchase without penalty and for any reason, provided that the purchased Miles are capable of being retrieved in
full from your account or the person whom you purchased them for. After this period, Points.com has no obligation
to refund any purchase of Miles.
- Prices do not include any fees or taxes and are subject to change without notice. GST/HST/QST is charged to
Canadian residents. 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 Miles subject to a Mileage
Transaction hereunder. If any such Miles 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 Flying Blue, cancel, void, refuse to honour
and/or confiscate such Miles and pursue any and all other rights and remedies that may be available including,
where deemed appropriate by Points and/or Flying Blue, closure of your account, forfeiture of all Miles in your
Flying Blue Programme account, and/or termination in your participation in the Flying Blue or other loyalty
programs you participate in through Points. You agree that Flying Blue may debit Miles from your account, or the
account you have given or transferred Miles 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 Miles subject to a Mileage Transaction hereunder will not count towards qualifying you for any increased or
improved status in the Flying Blue Programme.
- Mileage Transactions are subject to the transaction limits set forth below.
Accelerate
Miles earned from eligible qualifying activity with any of Flying Blue’s global airline partners, or earned by
eligible qualifying activity with any of Flying Blue’s non-airline partners may be accelerated by purchasing the
amount, or any multiple thereof specified under the applicable offer (for eg, “1x, 2x, or 3x”), of the earned
Miles for such eligible qualifying activity.
The maximum total Miles Explorer members may purchase after acceleration has been applied is 100,000 Miles in
one Accelerate transaction; and 100,000 Miles in each calendar year. The maximum total Miles Elite members
(Silver, Gold, and Platinum members) may purchase after acceleration has been applied is 300,000 Miles in one
Accelerate transaction; and 999,999,999 Miles in each calendar year.
Annual limits are not shared with other products, namely Buy, Gift, and Transfer.
Miles earned from qualifying activity with Flying Blue any of Flying Blue’s global airline partners, or earned
by spending with any of Flying Blue’s non-airline partners may only be accelerated once under the applicable
offer.
- Your request for, or acceptance by Points of, a Mileage Transaction does not guarantee the availability of any
rewards associated with Flying Blue 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 Flying blue Miles that are the subject
of a Mileage Transaction.
- You agree to make full payment to Points with a valid payment instrument prior to any Miles 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 Flying Blue. If you have any questions about these fees or the
exchange rate applied to your transaction, please contact your bank.
- You agree that the awarding and use of all Miles, including those subject to a Mileage Transaction hereunder,
are at all times subject to the terms, conditions, exclusions and limitations of the Flying Blue Programme. Air
France and KLM has the sole and exclusive authority and responsibility for operating, modifying, terminating and
establishing the terms and conditions applicable to the Flying Blue 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 Air
France and KLM in connection with the Flying Blue Programme. You hereby agree not to make any claim against Points
for any action, inaction or decision taken by Air France and KLM in connection with the Flying Blue Programme.
Points shall not be treated as the agent of Air France and KLM for any purpose.
To the fullest extent permitted by applicable law, you shall indemnify, defend and hold Points and its
affiliates, Air France and KLM 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.
-
MILES 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 AIR FRANCE AND KLM’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 AIR FRANCE AND KLM 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 AIR FRANCE AND
KLM 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 Flying Blue
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.
- Air France and KLM 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.
- You understand and agree that Flying Blue Programme members residing in certain countries are not able to buy,
gift, accelerate, or transfer Flying Blue Miles. As of the date of these Terms of Sale, these countries are:
Algeria, Austria, Belarus, Bulgaria, Lithuania, Macedonia, Nigeria and Philippines. Points.com reserves the right
to amend this list of countries from time to time, without prior notice.
- Should you have any questions about these Terms of Sale please contact the Flying Blue Programme through the
contact details listed on flyingblue.com
- Points.com is responsible for the processing of your personal data in accordance with applicable data protection
and privacy laws and regulations. Your personal data will be used and disclosed by Points.com in order to complete
your requested Mileage Transaction. You have the right at any time to access, modify, rectify and delete all your
personal data in the possession or control of Points.com, provided you file a written request with a copy of your
proof of identity to the attention of the Data Privacy Officer at the address set forth above.