General Terms and Conditions
Your request to buy and gift of points (each a “Mileage Transaction”) is processed by Points.com Inc. as the merchant of record. You agree that the awarding and use of points subject to a Mileage Transaction hereunder are at all times subject to the Radisson Rewards Terms and Conditions and Privacy Policy of Radisson Hotel Group (“Radisson”).
When used herein the terms "We", "Us", and “Points.com” 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.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. By submitting your request for a Mileage Transaction, you acknowledge and accept these Terms of Sale.
These terms of sale (“Terms of Sale”), together with your request for a Mileage Transaction, 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. 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 24 February 2023.
1. You must be considered a member in good standing of the Radisson Rewards Program in order to process a Mileage Transaction with Points.com pursuant to these Terms of Sale.
2. Your Mileage Transaction shall not be effective until accepted by Points.com. Acceptance by Points.com shall be evidenced only by the actual deposit of purchased or transferred points into your Radisson Rewards account or the Radisson Rewards account of the recipient. Notwithstanding the foregoing, Points.com reserves the right to revoke or cancel any acceptance, cancel and/or reverse transactions as set forth below.
3. All mileage transaction are non-refundable, unless otherwise required by law.
4. Prices do not include any fees or taxes and are subject to change without notice. GST/HST 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.
5. You may not sell, barter or otherwise conduct any unauthorized distribution of any points subject to a Mileage Transaction hereunder. If any such points are resold, distributed or used for improper purposes by you, 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 Radisson, cancel, void, refuse to honour and/or confiscate such points and pursue any and all other rights and remedies that may be available including, where deemed appropriate by Points.com and/or Radisson, closure of your account, forfeiture of all points in your Radisson Rewards account, and/or termination in your participation in the Radisson Rewards or other loyalty programs you participate in through Points.com. You agree that Radisson may debit points from your account, or the account you have given or transferred 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 any Mileage Transaction hereunder.
6. Any points subject to a Mileage Transaction hereunder will not count towards qualifying you for any increased or improved status in the Radisson Rewards.
7. Mileage Transactions are subject to the transaction limits set forth below. Buy/Gift Points may be bought, for yourself or as a gift, in blocks of 1,000 points to a maximum of 250,000 points in any one transaction or in a calendar year.
8. You agree that the awarding and use of all points, including those subject to a Mileage Transaction hereunder, are at all times subject to the terms, conditions, exclusions and limitations of the Radisson Rewards program. Radisson has the sole and exclusive authority and responsibility for operating, modifying, terminating and establishing the terms and conditions applicable to the Radisson Rewards. 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 Radisson in connection with the Radisson Rewards. You hereby agree not to make any claim against Points.com for any action, inaction or decision taken by Radisson in connection with the Radisson Rewards program. Points.com shall not be treated as the agent of Radisson for any purpose. To the fullest extent permitted by applicable law, you shall indemnify, defend and hold Points.com and its affiliates, Radisson 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.
9. 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.
10. Points.com’s and Radisson’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.com or Radisson 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.com or Radisson has been advised of the possibility of such damages.
11. You shall comply with all laws, rules and regulations applicable to these Terms of Sale and the Radisson Rewards program.
12. 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.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, located in Toronto, 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 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.
13. 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.com. 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.
14. 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.
15. Radisson 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.com in connection with such Mileage Transaction, 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.
