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Points.com, Inc. Terms and Conditions for Point Purchase During Booking
You acknowledge and accept these terms and conditions (these "Terms and Conditions") by submitting your online request to purchase points from Points.com Inc., a corporation existing and resident in the Province of Ontario, Canada and located at 171 John Street, 5th Floor, Toronto, Ontario, M5T 1X3 ("Points.com").
- You must be a member in good standing of Hilton HHonors program, in order to receive points.
- 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. 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 points are non-refundable.
- Any purchased points will not count toward qualification for any increased or improved status in the Hilton HHonors program.
- 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 Hilton HHonors Worldwide, 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.
- The purchase of points is not a guarantee of the availability of any Hilton HHonors rewards and Points.com shall have no liability or responsibility where you are unable to use or redeem any purchased points.
- You agree to pay Points.com in full by credit card prior to any points being posted to your Hilton HHonors account. By submitting a request to purchase points you authorize Points.com or its representative to charge the credit card number you provided.
- 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 Hilton HHonors program, and that Hilton HHonors Worldwide, L.L.C. has the sole and exclusive authority and responsibility for operating, modifying, terminating and establishing the terms and conditions applicable to the Hilton HHonors 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 Hilton HHonors Worldwide, L.L.C. in connection with the Hilton HHonors program. You hereby agree not to make any claim against Points.com for any action, inaction or decision taken by Hilton HHonors Worldwide, L.L.C. in connection with the Hilton HHonors program. Points.com shall not be treated as the agent of Hilton HHonors Worldwide, L.L.C. 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 Hilton HHonors program, (ii) your performance or failure to perform hereunder or (iii) any breach by you of these Terms and Conditions.
- 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.
- 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.
- You shall comply with all laws, rules and regulations applicable to these Terms and Conditions and your purchase of points.
- 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 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.