The website located at www.pointshound.com ("Pointshound") is owned and operated by Points.com, Inc., which is an Ontario corporation, with its principal place of business at 111 Richmond St W., Suite 700, Toronto, ON, M5H 2G4, Canada. When used herein the terms “we”, “us”, and “our” refer to Points.com, Inc.
We reserve the right, at any time, to modify, alter, or update these terms and conditions of use. your continued usage of the site following such notification shall constitute your acceptance of the changes. If you do not agree to any such changes you must immediately cease using the site.
Use of PointsHound Generally
You may only register once with PointsHound. We reserve the right to terminate and delete any duplicate accounts at our sole and absolute discretion at any time and without notice.
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; and (vi) all information supplied by you on this Website is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
You may join PointsHound directly or through Facebook Connect. When you join PointsHound directly as a new user, you will be required to provide a password for your account. Your email address will be used as your login identification. When you join through Facebook Connect, your Facebook login credentials will be used to open and access your account with PointsHound.
You are responsible for keeping your user ID and password confidential.
We are entitled to act on all instructions received by anyone using your account and are not responsible for any transaction made without your authorization.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on PointsHound. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The use of robots, spiders, scripts or other automated agents or programs is strictly prohibited on PointsHound.
Purpose of this Website
This Website is provided solely to assist you to gather travel information, determine the availability of travel-related goods and services, make legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes.
This Website is offered to you conditional upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by this Agreement. To the extent you book any travel-related products or services on this Website through call center agents, you agree that this Agreement shall apply to all such transactions. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website.
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
make any speculative, false, or fraudulent claims about your membership to any loyalty rewards program make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
or "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Supplier rules and restrictions
Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier and loyalty rewards program with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services.
Travelscape, LLC terms and conditions apply. You can refer to http://developer.ean.com/terms/agent/en/ for details.
PointsHound Signup Bonuses
PointsHound Referral Bonus
PointsHound Member Levels
Misprints and Errors
We endeavor to provide current and accurate information on PointsHound regarding the offers and transactions available to you. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.
You represent and warrant that you exclusively own any content that you post to PointsHound. To the extent any such content is covered by intellectual property rights, like photos, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such content on or in connection with our site.
Proprietary Rights and Partner Trademarks
All materials and content on PointsHound (collectively the "Content"), including, without limitation, text, data, information, images, illustrations, audio clips, video clips, special games, surveys and special promotions, are protected by intellectual property rights owned and controlled by us and/or our suppliers and loyalty program partners. None of the Content may be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior written consent or except as specifically permitted on PointsHound. Use of the Content for any purpose other than your own personal and non-commercial use is prohibited and is a violation of copyrights and other intellectual property rights.
The trademarks, logos and service marks that you see on PointsHound are owned and controlled by us and/or our suppliers and loyalty program partners. Nothing herein or on PointsHound grants you any license or right to use any such marks or logos. Your misuse of any such marks or logos is strictly prohibited and is a violation of copyrights and other intellectual property rights.
SOME LINKS ON POINTSHOUND REFER YOU TO THIRD PARTY SITES NOT UNDER THE OPERATION OR CONTROL OF POINTSHOUND. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SUCH SITES AND WE PROVIDE THESE LINKS TO YOU ONLY FOR CONVENIENCE. THE INCLUSION OF ANY LINK TO THESE SITES DOES NOT IMPLY ENDORSEMENT BY POINTS OF THE LINKED SITE.
We may terminate your right to use PointsHound immediately, without notice to you, if, in our sole discretion, you fail to comply with any of these terms and conditions of use or engage in any fraudulent, criminal or other unauthorized activity. We may also close and terminate your account due to inactivity.
Governing Law and Disputes
This Agreement and your use of PointsHound is governed exclusively by the laws of the State of Delaware notwithstanding any principles of conflicts of law. To the extent permitted by applicable law, any claim, dispute or controversy between you and us shall be determined by final and binding arbitration, with no right of appeal, even on questions of law. Such arbitration will be conducted in California, USA in the English language pursuant to the ICC Rules of Arbitration. 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 State of Delaware.
POINTSHOUND AND THE SERVICES OFFERED THEREON 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.
Limitation of Liability
US AND OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES, 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 TRANSACTION GIVING RISE TO THE CLAIM. IN NO EVENT SHALL ANY OF THE FOREGOING PERSONS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED IN ANY CONNECTION WITH POINTSHOUND OR YOUR USE THEREOF 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 ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold us and our affiliates, and their respective officers, directors, and employees, harmless from any claim or demand made against any of them by any third party due to or arising out of your use of PointsHound, breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party, including intellectual property rights.
Entire Agreement, Waiver and Severability
This Agreement, together with any applicable transaction request and confirmation, constitute the entire agreement between you and us with respect to your use of PointsHound and the processing of any transactions thereon 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 this Agreement shall be effective or binding unless made in writing and signed by us. If any of the provisions of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
We shall have no liability for delays or failure in performance 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 our control.
Use of the Term "Partner"
The use of term "partner" on PointsHound and in any other materials is not intended to indicate that such loyalty program is in a legal partnership with us. Rather, the term is used in a marketing sense to show participation by the "partners" in PointsHound products and services.
American Airlines reserves the right to change AAdvantage® program rules, regulations, travel awards and special offers at any time without notice, and to end the AAdvantage® program with six month's notice. Any such changes may affect your ability to use the mileage awards or credits that you have accumulated. Members may not be able to obtain all offered awards at all times or use awards for all destinations or on all flights. AAdvantage® travel awards, mileage accrual and special offers are subject to government regulations. Unless specified, AAdvantage® miles earned through this promotion/offer do not count toward elite-status qualification or Million Miler℠ status. American Airlines is not responsible for products or services offered by other participating companies. For complete Terms and Conditions of the AAdvantage® program click here.