How We Can Help You

PointsOnMarket provides an online platform that connects brokers who offer travel services with travelers seeking to book travel (collectively, the "Services"), which Services are accessible at https://pointsonmarket.com and any other websites through which PointsOnMarket makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application"). "Service" means the online reservation service (including the facilitation of payments) of various products and services as from time to time made available by Suppliers on the Platform. "Supplier" means the provider of travel (e.g. hotel, motel, apartment, bed & breakfast), (theme) parks, attractions, museums, sightseeing tours, cruises, rail and coach tours, transfers, tour operators, insurances, and any other travel or related product or service as from time to time available for reservation on the Platform. "Travel" means air, hotel, car, and other travel services.

"PointsOnMarket Content" means all Content that PointsOnMarket makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content. "Booking Request Period" means the time period starting from the time when a Booking is requested by a traveler (as determined by PointsOnMarket in its sole discretion), within which a Broker may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places. "Collective Content" means Member Content and PointsOnMarket Content. "Communication" means an email, message via the Application, or SMS text message. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. "Traveler" means a Member who requests from another member a Booking of a Listing via the Site, Application or Services. "Agent" means a Member or a broker who creates a Listing via the Site, Application and Services. "User" and "client" means either an agent, broker, or traveler. "Listing" means a service that is listed by an agent or a useravailable for Booking via the Site, Application, and Services. "Member" means a person who completes PointsOnMarket's account registration process, including but not limited to Brokers, agents, and travelers, as described under "Account Registration" below. "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or PointsOnMarket promotional campaign to be made available through the Site, Application or Services. "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that agents may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 34 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH PointsOnMarket ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, AGENTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO BROKER TRAVEL OR TRADE REWARDS AND GIFT VOUCHERS. A number of state legislatures, administrative agencies, and attorneys general have enacted laws, regulations, and rules directly addressing issues relating to the advertising, arranging, and sale of travel services. IN MANY CITIES, AGENTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE SELLING OR BROKERING TRAVEL. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. AGENTS SHOULD REVIEW LOCAL LAWS BEFORE PROVIDING SERVICES ON PointsOnMarket.

Scope Of Services

Through the Platform, we pointsonmarket.com and its affiliate (distribution) partners provide an online platform through which agents can advertise their products and service for reservation, and through which visitors of the Platform can make such reservations (i.e. the reservation service). By making a reservation through pointsonmarket.com, you enter into a direct (legally binding) contractual relationship with the agent and his supplier with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation, we act solely as an intermediary between you and the agent, transmitting the details of your reservation to the relevant agent(s) and sending you a confirmation email for and on behalf of the agent and supplier. When rendering our Service, the information that we disclose is based on the information provided to us by the agent. As such, the agents are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each agent remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier (or its facilities, venue, products or services) made available.

Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.

Terms Of Services

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Services ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and PointsOnMarket.

In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH AGENTS AND TRAVELERS MAY CREATE LISTINGS FOR SERVICES AND MAY LEARN ABOUT AND BOOK TRAVEL DIRECTLY WITH THE AGENTS AND OR OTHER TRAVELERS. YOU UNDERSTAND AND AGREE THAT PointsOnMarket IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN AGENT AND TRAVELER, NOR IS PointsOnMarket A TRAVEL AGENT, REAL ESTATE BROKER, AGENT OR INSURER. PointsOnMarket HAS NO CONTROL OVER THE CONDUCT OF BROKERS, AGENTS, TRAVELERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU CHOOSE TO CREATE A LISTING ON PointsOnMarket, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH PointsOnMarket IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF PointsOnMarket FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF PointsOnMarket. PointsOnMarket DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF PointsOnMarket, INCLUDING BY INAPPROPRIATELY USING ANY PointsOnMarket INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Eligibility

We have sufficient information to identify a user, obtain reports from public records of criminal convictions. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from PointsOnMarket's vendors.

How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and Booking of travel services. Such services are included in Listings on the Site, Application and Services by Agents. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book, bid, or create a Listing, you must first register to create an PointsOnMarket Account (defined below).

As stated above, PointsOnMarket makes available an online platform or marketplace with related technology for travelers and Agents to meet online and arrange fortravel bookings directly with each other. PointsOnMarket is not an owner or operator of hotel properties, airplanes, cars, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and PointsOnMarket does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the PointsOnMarket platform, PointsOnMarket's responsibilities are limited to facilitating the availability of the Site, Application and Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE AGENTS AND TRAVELRS CONNECTING AND BOOKING TRAVEL DIRECTLY WITH EACH OTHER. PointsOnMarket CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICE. PointsOnMarket IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.

Modification

PointsOnMarket reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the "Last Updated" date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your PointsOnMarket Account you will be deemed to have accepted the changes.

Travel Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the services to be listed, including, but not limited to features, and availability of the services and pricing and related rules and financial terms. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Traveler and Agent preferences, ratings and/or ease of Booking.

Other Members will be able to book your services via the Site, Application and Services based upon the information provided in your Listing, your Traveler requirements, and Traveler's search parameters and preferences. You understand and agree that once a Traveler requests a Booking, you may not request the Traveler to pay a higher price than in the Booking request.

You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Traveler's booking in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as reward program terms, service provider agreements, booking rules, fare rules, homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as agent laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any services included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that PointsOnMarket assumes no responsibility for aAgent's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. PointsOnMarket reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that PointsOnMarket, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or PointsOnMarket's then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.

If you are anAgent, you understand and agree that PointsOnMarket does not act as an insurer or as your contracting agent. If a Traveler requests a Booking of your services and travels on your itinerary, any agreement you enter into with such Traveler is between you and the Traveler and PointsOnMarket is not a party to it.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking, such as requiring Members to have a profile picture or verified phone number, in order to book. Any Member wishing to book Listings with such requirements must meet these requirements.

If you are anagent, PointsOnMarket makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for bookings. You acknowledge and agree that, as an agent, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who travel with or are otherwise present when the service is rendered at your request or invitation, excluding the Traveler (and the individuals the Traveler invites to the booking, if applicable.)

PointsOnMarket recommends that Agents obtain appropriate insurance for their bookings. Please review any insurance policy that you may have for your bookings carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Travelers (and the individuals the Traveler invites, if applicable) while using the services you booked. Please also review such policy for any interaction with the PointsOnMarket Agent Protection Insurance Program, to the extent provided in your jurisdiction.