Terms of Service
This website is operated by ThePointsTrader.com. Throughout the site, the terms “we”, “us” and “our” refer to ThePointsTrader.com. ThePointsTrader.com offers this website solely to assist customers with the purchase or sale of credit card reward points and/ or frequent flyer miles, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and trading credit card reward points and/ or frequent flyer miles from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new information, features or tools which are added to ThePointsTrader.com shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Visiting ThePointsTrader.com or sending emails to anyone affiliated with ThePointsTrader.com constitutes electronic communications. You consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. The use of robots, scripts or other automated agents or programs is strictly prohibited on our website.
ThePointsTrader.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.thepointstrader.com only with permission of a parent or guardian.
PRODUCTS OR SERVICES
ThePointsTrader.com engages in the trade of credit card reward points and/ or frequent flyer miles as its products and services. All credit card reward points and/ or frequent flyer miles are subject to the published terms and conditions for each respective card issuers and airlines’ frequent flyer programs. Their terms and conditions may have certain restrictions on the transfer of credit card reward points and/ or frequent flyer miles and you will be subject to those terms and conditions. ThePointsTrader.com strongly advise that you read the terms and conditions of the respective credit card issuer or the airlines’ frequent flyer programs. By transacting at ThePointsTrader.com you acknowledge that you are aware of and understand the terms and conditions of the respective credit card issuer and airlines’ frequent flyer program and that you abide by their rules. ThePointsTrader.com is not in any way associated with any credit card issuer or any airlines and its frequent flyer program and we have no control over their actions against you.
We reserve the right, but are not obligated, to limit the trade of credit card reward points and/ or frequent flyer miles to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the credit card reward points and/ or frequent flyer miles obtained by you will meet your expectations, will be honored by the airlines or that any errors in the service will be corrected.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
ThePointsTrader.com acquires your credit card rewards points and/ or frequent flyer miles and use them for purchasing travel tickets.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to review, cancel and reverse any transaction if were deemed to be a fraud, a charge back of any transaction fee paid by credit card or if we feel there was a mistake in the transaction, including errors in any credit card reward points and/ or frequent flyer miles conversion, or redemption rate. You hereby agree to the removal of those credit card reward points and/ or frequent flyer miles from your frequent flyer or credit card accounts as required by us to reverse the transaction.
You agree that trading with ThePointsTrader.com may violate the terms and conditions as well as any applicable rules of the loyalty rewards programs involved in your transactions. However, we are not aware of any laws that prevents the transaction. You also understand and agree that we are purchasing the right to buy an airline ticket using credit card reward points and/ or frequent flyer miles.
In order for you to sell miles to ThePointsTrader, as appropritate, we may ask for your personal information including your full name as they are on your passport, physical address, email address, phone numbers, credit card and/ or frequent flyer login details including the user name and password. You agree to provide this information to us in order to verify and transfer/ use the miles out of your account. The sale of credit card rewards points and/or frequent flyer miles automatically gives ThePointsTrader access to your accounts for up to 180 days, or otherwise stated and agreed upon. This is to ensure that the credit card rewards points and/or frequent flyer miles that were paid for are used completely as agreed upon through payment. By you submitting a request to sell your credit card rewards points and/or frequent flyer miles to us, you understand and accept these terms.
CANCELLATION/ REFUND POLICY
When purchasing frequent flyer miles: Once the credit card rewards points and/or frequent flyer miles have been transferred to your frequent flyer account, it may not be cancelled or reversed and no refunds will be provided! We are not responsible if your mileage/points and/or frequent flyer account is cancelled/confiscated on hold or suspended by the respective airlines after the points and/or miles purchased from us have been transferred to your respective frequent flyer accounts or as a result of purchasing points/miles from us and there will be no refunds for such instances. ThePointsTrader.com serves only to simply provide the miles you purchase and credit those points/miles to the frequent flyer account of your choice. Our responsibility ends after the purchased points /miles are credited to your frequent flyer account. By purchasing credit card rewards points and/or airline frequent flyer miles from ThePointsTrader.com, you are acknowledging that you understand the respective airline's terms and conditions and their frequent flyer loyalty program policies.
When selling your credit card reward points/ frequent flyer miles to us: Money paid to you by us to purchase your credit card reward points/ frequent flyer miles is considered a deposit that will be earned and become non-refundable at the time your credit card reward points have been transferred/taken out of your rewards account or when an airline ticket is issued to our clients using the credit card reward points and/ or frequent flyer miles sold to us. If the credit card reward points and/ or frequent flyer miles are cancelled for any reason by you, an airline or the credit card issuer after we purchase them, you are entitled, and agree to refund the deposit to ThePointsTrader.com. If you intentionally cancel a ticket after receiving the deposit paid to you by ThePointsTrader.com, then you agree to pay liquidated damages equal to two times the amount of the deposit. By selling your credit card rewards points and/or airline frequent flyer miles to ThePointsTrader.com, you are acknowledging that you understand the respective credit card companies terms and conditions as well as their reward program policies, all the respective airline's terms and conditions and their frequent flyer loyalty program policies.
All wholesale transactions to any party that will resell the credit card reward points and/ or frequent flyer miles are final and non-refundable. Credit card reward points and/ or frequent flyer miles are sold AS IS and we do not provide any sort of warranty that the miles or points will be honored by any airlines.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Although we strive to provide complete, accurate and the most up to date information on ThePointsTrader.com regarding offers and trading options available to you, occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Trade prices for credit card reward points and/ or frequent flyer miles are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We also reserve the right to cancel, reject, correct or terminate any transaction if the price or offer details was provided incorrectly. We reserve the right to do this at any time during the transaction process, including after the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on errors, misprints and inaccuracies.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all trades made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ThePointsTrader.com or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ThePointsTrader.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ThePointsTrader.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ThePointsTrader.com or our licensors except as expressly authorized by these Terms.
We are not affiliated, licensed, endorsed or partners with any credit card issuers/companies, airlines or their frequent flyer programs.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ThePointsTrader.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless ThePointsTrader.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ThePointsTrader.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ThePointsTrader.com in asserting any available defenses.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
ThePointsTrader.com reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ThePointsTrader.com as a result of this agreement or use of the Site. ThePointsTrader.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ThePointsTrader.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ThePointsTrader.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ThePointsTrader.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ThePointsTrader.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
LINKS TO THIRD PARTY SITES/ THIRD PARTY SERVICES
www.thepointstrader.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ThePointsTrader.com and ThePointsTrader.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ThePointsTrader.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ThePointsTrader.com of the site or any association with its operators.
Certain services made available via www.thepointstrader.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.thepointstrader.com domain, you hereby acknowledge and consent that ThePointsTrader.com may share such information and data with any third party with whom ThePointsTrader.com has a contractual relationship to provide the requested product, service or functionality on behalf of www.thepointstrader.com users and customers.
THIRD PARTY ACCOUNT
You will be able to connect your ThePointsTrader.com account to third party accounts. By connecting your ThePointsTrader.com account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by ThePointsTrader.com from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ThePointsTrader.com Content accessed through www.thepointstrader.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California notwithstanding any principles of conflicts of law.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
ThePointsTrader.com shall not be held responsible for any delay or performance in completion of buyer’s orders caused by any act of God such as labor dispute, strike, war, terrorist attack, earthquake, or other similar cause beyond the reasonable control.
If you have further questions to our terms of service set forth herein, feel free to contact us using the contact form below. We will respond to your questions at the earliest possible time.