Terms and Conditions
You acknowledge and accept these terms and conditions (these
"Terms and Conditions") by submitting your online request to purchase
TrueBlue points from Points.com Inc., a corporation existing and
resident in the Province of Ontario, Canada and located at 111 Richmond
Street West, Suite 700, Toronto, Ontario, M5H 2G4 ("Points.com").
Buy & Gift
- You must be a member in good standing of the TrueBlue program in order to receive TrueBlue 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 TrueBlue points into your account or the person you
have given TrueBlue points to. Notwithstanding the foregoing, Points.com
reserves the right to revoke or cancel any acceptance and cancel and
reverse transactions as set forth below.
- The per TrueBlue point prices are list in U.S. Dollars. Canadian residents will be charged GST/HST. Quebec residents will be charged QST.
- Purchases of TrueBlue points are non-refundable.
- Purchased points will generally be posted within 72 hours.
- Any purchased TrueBlue points will not count toward qualification for any increased or improved status in the TrueBlue program.
- You may purchase and gift TrueBlue points in increments of
1,000 points to a maximum of 30,000 points per transaction and 120,000
points in a calendar year. The maximum number of TrueBlue points that
any TrueBlue member may receive in a calendar year is 120,000 less any
points such member has purchased for his or her own account.
- You may not sell, barter or otherwise conduct any unauthorized
distribution of any TrueBlue points purchased hereunder. If any TrueBlue
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
JetBlue, cancel, void, refuse to honor and/or confiscate such TrueBlue
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 TrueBlue 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 TrueBlue points hereunder.
- The purchase of TrueBlue points is not a guarantee of the
availability of any TrueBlue program rewards and Points.com shall have
no liability or responsibility where you are unable to use or redeem any
purchased TrueBlue points.
- You agree to pay Points.com in full by credit card (or other
payment account) prior to any TrueBlue points being posted to your
TrueBlue program account or the account of the person you have purchased
them for. By submitting a request to purchase TrueBlue points you
authorize Points.com or its representative to charge the credit card
number (or other applicable payment account) you provided.
- You agree that the awarding and use of all TrueBlue points,
including those purchased hereunder, are subject to the terms,
conditions, exclusions and limitations of the TrueBlue program, and that
JetBlue has the sole and exclusive authority and responsibility for
operating, modifying, terminating and establishing the terms and
conditions applicable to the TrueBlue 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 JetBlue in connection
with the TrueBlue program. You hereby agree not to make any claim
against Points.com for any action, inaction or decision taken by JetBlue
in connection with the TrueBlue program. Points.com shall not be
treated as the agent of JetBlue 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 TrueBlue program, (ii) your
performance or failure to perform hereunder or (iii) any breach by you
of these Terms and Conditions.
- THE TRUEBLUE 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 TRUEBLUE 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 TRUEBLUE
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 TrueBlue
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.
Transfer
- You and the transferee must each be a member in good standing of the TrueBlue program in order to complete a transfer of points.
- Your transfer request shall not be effective until
accepted by Points.com. Acceptance by Points.com shall be evidenced only
by the actual debiting of points from your account and depositing of
such points into the account of the transferee. Notwithstanding the
foregoing, Points.com reserves the right to revoke or cancel any
acceptance and cancel and reverse transactions as set forth below.
- Transfers of points are non-refundable.
- Any transferred points will not count toward qualification for any increased or improved status in the TrueBlue program.
- You may transfer up to 30,000 points per transaction. You
may transfer a maximum of 120,000 points in a calendar year and no
member may receive more than 120,000 points in a calendar year through
the transfer service.
- Neither you nor the transferee may sell, barter or
otherwise conduct any unauthorized distribution of any points
transferred hereunder. If any points are resold, distributed or used for
improper purposes as determined by Points.com.com in its sole and
absolute discretion, or any transfer of points is conducted through
credit card abuse or fraud or other illegal means, Points.com may, at
its option and with the assistance of JetBlue Airways, cancel, void,
refuse to honor and/or confiscate such transferred 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 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 the transfer of points
hereunder.
- The transfer of points is not a guarantee of the
availability of any TrueBlue program rewards and Points.com shall have
no liability or responsibility where you or the transferee are unable to
use or redeem any transferred points.
- You agree to pay Points.com in full by credit card (or
other applicable payment account) prior to any points being posted to
the transferee's TrueBlue program account. By submitting a request to
transfer points you authorize Points.com or its representative to charge
the credit card number (or other applicable payment account) you
provided.
- You agree that the awarding and use of all points,
including those transferred hereunder, are subject to the terms,
conditions, exclusions and limitations of the TrueBlue program, and that
JetBlue Airways has the sole and exclusive authority and responsibility
for operating, modifying, terminating and establishing the terms and
conditions applicable to the TrueBlue 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 JetBlue Airways in
connection with the JetBlue program. You hereby agree not to make any
claim against Points.com for any action, inaction or decision taken by
JetBlue Airways in connection with the TrueBlue program. Points.com
shall not be treated as the agent of JetBlue Airways 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 TrueBlue program, (ii) your
performance or failure to perform hereunder or (iii) any breach by you
of these Terms and Conditions.
- THE POINTS TRANSFERRED 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 TRANSFER 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 TRANSFER 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 transfer 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 transfer
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.