Points.com Inc. Terms & Conditions
You acknowledge and accept these terms and conditions (these "Terms and Conditions") by submitting your online request to purchase points (“Points”) from 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. Unit 02-106, Victoria, London, UK SW1 9SH. The head office of Points.com Inc. is located at 111 Richmond Street West, Suite 700, Toronto, Ontario M5H 2G4 Canada. When used herein the terms "We", "Us", and “Points.com” refer to Points.com Inc. and its affiliate Points International (UK) Limited.
The awarding and use of Marriott Bonvoy Points in connection with a purchase transaction are subject to the Marriott Bonvoy Program Rules and Privacy Policy.
Buying, Gifting, Top-Up and Multiplying of Points
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You must be an Active member in good standing of the Marriott Bonvoy™ loyalty program (the "Loyalty Program") in order to purchase and/or receive Points. A new Member may purchase Points thirty (30) days after enrollment.
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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 Points into your account or the person you have given Points to. Notwithstanding the foregoing, Points.com reserves the right to revoke or cancel any acceptance and cancel and reverse purchases as set forth below.
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Purchases of Points are non-refundable.
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Prices do not include any fees or taxes and are subject to change without notice. GST/HST is charged to Canadian residents. QST is charged to Quebec residents. The total purchase price, including any applicable fees and taxes, charged in connection with the purchase of Points will be shown during the check-out process.
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Any purchased Points will not count toward qualification for any increased or improved Elite status in the Loyalty Program.
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Members may purchase or receive Points purchased by another Member as a gift for a combined maximum of 100,000 Points per calendar year if purchased through the Buy Points Storefront or Gift Points Storefront. Members may purchase Points for a combined maximum of 100,000 Points per calendar year if purchased through the Points.com-powered top-up modal on Marriott websites. Points may be purchased at the rate of $12.50 U.S. dollars per 1,000 Points and can be purchased in increments of 1,000, or in increments of 5,000 Points ($62.50 U.S. dollars per 5,000 Points). Pricing varies during promotional periods.
Points earned from eligible bookings may be multiplied by purchasing the amount, or any multiple thereof specified under the applicable offer (for eg, “1x, 2x, or 3x”), of the earned Points for such eligible bookings with Marriott.
The maximum number of Points you may multiply is 100,000 Points in each calendar year.
Points earned from qualifying activity with Marriott or any of Marriott’s global hotel partners, or earned by spending with any of Marriott’s non-hotel partners may only be multiplied once under the applicable offer, but you may multiply several offers as long as the 100,000 Points limit per calendar year is not exceeded.
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You may not sell, barter or otherwise conduct any unauthorized distribution of any Points purchased hereunder. If any Points purchased by you are resold, distributed or used for improper purposes as determined by Points.com in its sole and absolute discretion, or obtained through credit card abuse or fraud or other illegal means, Points.com may, at its option and with the assistance of Marriott International, L.L.C. cancel, void, refuse to honor and/or confiscate such Points 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 given Points 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 sale of Points hereunder.
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The purchase of Points is not a guarantee of the availability of any Loyalty Program awards and Points.com shall have no liability or responsibility where you are unable to use or redeem any purchased Points.
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For transactions on the Storefront, you agree to pay Points.com in full by credit card prior to any Points being posted to your Loyalty Program account or the account of the person you have purchased them for. By submitting a request to purchase Points you authorize Points.com 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.com or Loyalty Program. If you have any questions about these fees or the exchange rate applied to your transaction, please contact your bank.
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For transactions while purchasing points on Marriott.com in Points.com-powered window in the reservation path, foreign exchange rates are set in accordance with the OANDA rate which is monitored for any fluctuations and may be updated from time to time.
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In the event of any Points or financial discrepancy, the payment calculations with respect to a purchase of Points hereunder shall be based upon data contained in Points.com’s records, and the data in Points.com’s records shall take precedence over the data in any other records.
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You agree that the awarding and use of all Points, including those purchased hereunder, are subject to the terms, conditions, exclusions and limitations of the Loyalty Program, and that Marriott International, Inc. and its affiliates have the sole and exclusive authority and responsibility for operating, modifying, terminating and establishing the terms and conditions applicable to the Loyalty Program. The Loyalty Program Rules can be found at marriott.com/loyalty/terms/default.mi. 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 Marriott International, Inc. or its affiliates in connection with the Loyalty Program. You hereby agree not to make any claim against Points.com for any action, inaction or decision taken by Marriott International, Inc. or its affiliates in connection with the Loyalty Program. Points.com shall not be treated as the agent of Marriott International, or its affiliates for any purpose.
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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 Loyalty Program, (ii) your performance or failure to perform hereunder or (iii) any breach by you of these Terms and Conditions.
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THE POINTS 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.
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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 POINTS. 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 PURCHASE OF 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 POINTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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You shall comply with all laws, rules and regulations applicable to these Terms and Conditions, Marriott Bonvoy Loyalty Program Rules and your purchase of Points.
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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. Further, Points.com 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 and Conditions is prepared for convenience or any other purpose, the provisions of the English language version of these Terms and Conditions shall prevail if there is a conflict between the English language version and any such translation of these Terms and Conditions.
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You may not assign or transfer these Terms and Conditions, or any right or obligation hereunder.
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These 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 Terms and Conditions shall be effective or binding unless made in writing and signed by Points.com.
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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.
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The Loyalty Program is not liable for any damages suffered by you in connection with these Terms and Conditions, any purchase of Points hereunder, the processing of any payment by Points.com in connection with such purchase of Points, or any other activity with Points.com 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.