Terms and Conditions
Buy and Gift - Terms and Conditions
You acknowledge and accept these terms and conditions (these "Terms and
Conditions") by submitting your online request to purchase MileagePlus
Miles (“Miles”) for the account of a MileagePlus member (“Member”) from
Points.com Inc.("Points.com") 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) Points.com Inc.
("Points.com") Limited are located at 7 South Avenue Kew, First Floor,
Unit 1, Surrey, UK, TW9 3EL. The head office of Points.com Inc. is
located at 111 Richmond Street West, Suite 700, Toronto, Ontario M5H 2G4
Canada.
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Mileage Plus Holdings, LLC (“MileagePlus”) and Points.com Inc.
("Points.com") reserve the right to approve or deny requests to
purchase Miles made by a Members (or other individual purchasing Miles
for the account of a Member) in their sole discretion.
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MileagePlus accounts less than 10 days old may not purchase or receive
purchased Miles.
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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 Miles into the MileagePlus account of the Member
intended to receive the Miles. Notwithstanding the foregoing,
Points.com reserves the right to revoke or cancel any acceptance and
cancel and reverse transactions as set forth below.
- Purchases of Miles are non-refundable.
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Any purchased Miles will not count toward Premier® qualification or
for any increased or improved status in the MileagePlus program.
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Transactions are subject to a "Minimum Purchase" requirement of: (i)
2,000 Miles for Buy or Gift transactions; or (ii) 1,000 Miles for
Multiply transactions. Subject to the 90-day rolling purchase limit,
Miles must be purchased in increments of 1,000 Miles.
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Members may Buy, Gift, or Multiply a maximum of 50,000 Miles within
any consecutive 90-day period. This limit is calculated on a rolling
basis; eligibility to purchase additional Miles resets only after 90
days have elapsed from the date of the applicable transaction(s).
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Members may Buy, Gift, or Multiply up to a maximum of 200,000 miles in
a single calendar year. Promotional Bonus Miles count toward the
200,000-mile annual limit.
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You may not sell, barter or otherwise conduct any unauthorized
distribution of any Miles purchased hereunder. Miles, including such
Miles purchased hereunder, are non-transferable except in accordance
with a MileagePlus approved program. If any Miles 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 MileagePlus, cancel, void,
refuse to honor and/or confiscate such Miles and pursue any and all
other rights and remedies that may be available, including without
limitation, immediate confiscation and forfeiture of such Miles and
potentially forfeiture of all Miles in the Member's account and the
Member's expulsion from the MileagePlus program . You agree that
Points.com may debit your MileagePlus account or the Member’s
MileagePlus account for whom you have purchased Miles in connection
with the foregoing. You agree to fully cooperate with all reasonable
requests of MileagePlus and Points.com concerning any investigation or
prosecution of anyone engaging in or suspected of engaging in abuse or
fraud with respect to the purchase of Miles hereunder.
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The purchase of Miles is not a guarantee of the availability of any
MileagePlus awards or rewards and Points.com shall have no liability
or responsibility where you are unable to use or redeem any purchased
Miles.
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You agree to pay Points.com in full for the cost of the Miles and
applicable taxes and fees by credit card prior to any Miles being
posted to your MileagePlus account or the account of the Member for
whom you have purchased Miles. By submitting a request to purchase
Miles you authorize Points.com or its representative to charge the
credit card number you provide. In the event of any Mileage or
financial discrepancy, the payment calculations 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 Miles, including those purchased hereunder, are subject
to the rules, regulations, terms, conditions, exclusions and
limitations of the MileagePlus program, including without limitation
the MileagePlus program rules in effect from time to time (“Program
Rules”), and your purchase and use of Miles hereunder constitute your
acknowledgement that such Program Rules and other rules, regulations,
terms, conditions, exclusions and limitations of the MileagePlus
Program in effect from time to time apply. The Program Rules are
available at www.united.com and are subject to change without notice.
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MileagePlus has the sole and exclusive authority and responsibility
for operating, modifying, terminating and establishing the Program
Rules and other terms and conditions applicable to the MileagePlus
program. 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 MPH in connection with the MileagePlus program. You
hereby agree not to make any claim against Points.com for any action,
inaction or decision taken by MPH in connection with the MileagePlus
program.
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You shall indemnify, defend and hold Points.com and MileagePlus and
their respective 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 MilegagePlus program,
(ii) your performance or failure to perform hereunder or (iii) any
breach by you of these Terms and Conditions or the Program Rules.
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THE 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.
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MILEAGEPLUS AND 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. IN NO EVENT SHALL MILEAGEPLUS OR
POINTS.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES SUFFERED IN CONNECTION WITH THESE 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.
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You shall comply with all laws, rules and regulations applicable to
these Terms and Conditions and your purchase of Miles.
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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.
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You may not assign or transfer these Terms and Conditions, or any
right or obligation here under.
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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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Neither MileagePlus nor Points.com shall have any liability for delays
or failure to perform 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 MileagePlus or
Points.com’s control.
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All amounts paid by an individual or Member for the purchase of Miles
hereunder may be subject to tax or US Federal Excise Tax recovery fee.
Points.com will collect amounts from the individual or Member at the
time of purchase and will remit to appropriate governmental
authorities as appropriate.
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Miles purchased hereunder will expire according to the then-current
Program Rules.
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MileagePlus may change the MileagePlus program including, but not
limited to, rules, regulations, travel awards and special offers or
terminate the MileagePlus program or the purchase Miles program at any
time and without notice. Bonus award Miles, award Miles and any other
Miles earned through non-flight activity do not count or qualify for
Premier® status unless expressly stated otherwise. The accumulation of
Mileage or Premier status or any other status does not entitle Members
to any vested rights with respect to the MileagePlus program.
MileagePlus participation may not be permitted in some countries.
MileagePlus is a registered service mark. For complete details about
the MileagePlus program, go to www.united.com.
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These Terms and Conditions, the Program Rules and applicable mileage
rates and fees are subject to change without notice.
Transfer - Terms and Conditions
You acknowledge and accept these terms and conditions (these "Terms and
Conditions") by submitting your online request to purchase MileagePlus
miles from Points.com Inc.("Points.com") 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) Points.com Inc.
("Points.com") Limited are located at 7 South Avenue Kew, First Floor,
Unit 1, Surrey, UK, TW9 3EL. The head office of Points.com Inc. is
located at 111 Richmond Street West, Suite 700, Toronto, Ontario M5H 2G4
Canada.
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You must be a member in good standing of MileagePlus in order to
receive miles.
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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 miles into your account or the person you have
given miles to. Notwithstanding the foregoing, Points.com reserves the
right to revoke or cancel any acceptance and cancel and reverse
transactions as set forth below.
- Purchases of miles are non-refundable.
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Any purchased miles will not count toward qualification for any
increased or improved status in the MileagePlus program.
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Miles can be transferred in 500 mile increments between 500 and 5,000
miles, and in 1,000 mile increments from 5,000 to 100,000 miles. You
may transfer up to 100,000 miles to each recipient's account per
calendar year. No recipient may receive more than 100,000 miles from
any other MileagePlus account or combination of accounts in any
calendar year.
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You may not sell, barter or otherwise conduct any unauthorized
distribution of any miles purchased hereunder. If any miles 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 MileagePlus
Holding LLC. ("MPH"), cancel, void, refuse to honor 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 given 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 sale of
miles hereunder.
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The purchase of miles is not a guarantee of the availability of any
MileagePlus rewards and Points.com shall have no liability or
responsibility where you are unable to use or redeem any purchased
miles.
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You agree to pay Points.com in full by credit card prior to any miles
being posted to your MileagePlus account or the account of the person
you have purchased them for. By submitting a request to purchase miles
you authorize Points.com or its representative to charge the credit
card number you provided.
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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 MileagePlus program, and that MPH has the sole
and exclusive authority and responsibility for operating, modifying,
terminating and establishing the terms and conditions applicable to
the MileagePlus program. 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 MPH in connection with the
MileagePlus program. You hereby agree not to make any claim against
Points.com for any action, inaction or decision taken by MPH in
connection with the MileagePlus program. Points.com shall not be
treated as the agent of MPH 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 MilegagePlus 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 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.
-
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. 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 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.
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You shall comply with all laws, rules and regulations applicable to
these Terms and Conditions and your purchase 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.
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You may not assign or transfer these Terms and Conditions, or any
right or obligation hereunder.
-
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.
-
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.