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Purchase Gold Points Terms and Conditions

Club Carlson offers its members the opportunity to purchase Gold Points reward points (“Points”) for personal use or as a gift (“Purchase Option”). The Purchase Option is offered through a third-party provider, 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").  By submitting your online request to purchase Points, you acknowledge and accept the following terms and conditions which govern the transaction of purchasing Points from Points.com (“Purchase Terms and Conditions”). 

  1. By submitting your online request to purchase Points, or by allowing the credit card number (or other payment account) provided to be charged for the purchase of Points, you acknowledge and agree to accept these Purchase Terms and Conditions.
  2. You, or the recipient of gifted Points, must be a member in good standing of the Club Carlson Program in order to be eligible to receive purchased Points. In order to purchase Points as a gift, you must provide the recipient’s Club Carlson account member number and email address at the time of purchase.
  3. Points may be purchased in 1,000 point increments up to 40,000 Points per transaction. You may purchase a maximum of 40,000 Points per calendar year per Club Carlson account and no Club Carlson member may have more than a total of 40,000 Points per calendar year deposited to their account through the Purchase Option.
  4. All Points are sold in US Dollars and all purchases of Points are non-refundable and non-cancellable.  
  5. Please allow 24 hours for the purchased Points to be posted to the Club Carlson member account.
  6. The purchase of Points is not a guarantee of the availability of any Club Carlson rewards and the purchase, gifting, and redemption of Points is subject to all Club Carlson Program terms and conditions including the Privacy Policy.
  7. By submitting a request to purchase Points you authorize Points.com to charge and process the credit card number (or other applicable payment account) you provided for the amount stated, based on the number of Points purchased. Charges should appear on your monthly credit card statements (or other payment account) as “Points Club Carlson”. In the event of any point or financial discrepancies, the payment calculations under the Purchase Option shall be based upon the data in Points.com’s or Club Carlson’s records. Points will only be deposited to the member’s account after receipt of payment.   
  8. All amounts paid by a member for the purchase of Points is pursuant to these Purchase Terms and Conditions or as otherwise set forth in the Purchase Option website pages. If applicable, amounts charged include Canadian GST/HST.
  9. You may not sell, barter, transfer, assign, or otherwise conduct any unauthorized distribution of any Points purchased hereunder.
  10. You acknowledge that Club Carlson reserves the right to, in its sole discretion, disqualify any member from participation in Purchase Option; to make changes to the Club Carlson Program in accordance with the Program terms and conditions; and to modify or discontinue the Purchase Option in whole or in part, including, without limitation, prices, point increments, and the use of Points.com for the processing of purchased Points, without prior notice.
  11. 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.
  12. YOU HEREBY AGREE TO RELEASE CARLSON HOTELS, INC., INCLUDING ANY OF ITS PARENTS, AFFILIATES, AND SUBSIDIARIES (“CARLSON”), FROM ANY AND ALL LIABILITY, REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, IN CONNECTION WITH THE PURCHASE OPTION, TO WAIVE ANY SUCH CLAIMS AGAINST CARLSON TO THE MAXIMUM PERMITTED UNDER APPLICABLE LAW, AND THAT YOU SHALL LOOK SOLELY TO POINTS.COM FOR ANY AND ALL SUCH CLAIMS. POINTS.COM'S ENTIRE LIABILITY, REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE PURCHASE OF POINTS.  IN NO EVENT SHALL POINTS.COM OR CARLSON BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED IN CONNECTION WITH THESE PURCHASETERMS 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, , AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR POINTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  13. You shall comply with all laws, rules and regulations applicable to these Purchase Terms and Conditions and your purchase of Points.
  14. To the extent permitted by applicable law, any claim, dispute or controversy solely between you and Points.com shall be governed exclusively by the laws of the Province of Ontario, Canada notwithstanding any principles of conflicts of law and 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.
  15. You may not assign or transfer these Purchase Terms and Conditions, or any right or obligation hereunder.
  16. These Purchase 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 Purchase Terms and Conditions shall be effective or binding unless made in writing and signed by Points.com.
  17. 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.