Welcome to Perkville! Perkville provides its services to Users and Businesses subject to the following Terms of Service ("TOS"), which may be updated by us at any time without notice to you. Changes will be effective upon the posting of the new TOS. You can review the most current version of the TOS at any time at http://www.perkville.com/terms. You should revisit this page on a regular basis as revised versions will be binding on you and/or your Business. You agree that you or your Business' use of Perkville after any changed TOS indicates your acceptance of the updated version.
You warrant that the following is true. You:
You agree to the following when using Services:
We reserve the right to close your account at any time for any or no reason.
You are responsible for updating and maintaining the accuracy and confidentiality of the account information you provide to us.
In addition to any Business-Specific Terms, User agrees to the following terms:
Perkville enables businesses to sell Promotions and Users to purchase Promotions on our site.
When you buy a Promotion you are agreeing to the Business-Specified Terms for such Promotion. Unless otherwise stated at the time a Promotion is purchased, the Promotion price does not include sales, value added or use taxes, which may be charged to you separately by the Business.
Perkville can be accessed from countries around the world. You understand that some or all Promotions provided on Perkville may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Perkville reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Promotion for any product or service to a person residing in any jurisdiction or geographical area. Perkville does not represent or warrant that any product or service promoted on Perkville will be available for purchase by any particular User.
Some of the Promotions are provided for a specific user or type of User (e.g. a User that has not purchased from the Business before) as specified in the Promotion. Any attempt to purchase a Promotion that you are ineligible for will void your purchase. This includes attempting to purchase a Promotion using a false account or someone else's account, credit card, address or any other method. Perkville will be the arbiter, in its discretion, as to whether any purchase indicates a violation of these rules.
The following additional terms apply to all Vouchers obtained through Perkville.
Perkville will provide a refund of the purchase price paid by Purchasers for a Promotion if, and only if, all of the following conditions are met:
Perkville is protected by trade secret and other intellectual property laws. You are only granted the right to use the Services in accordance with these TOS and all rights, including, but not limited to, ownership of and Intellectual Property Rights in the Services shall remain the exclusive property of Perkville or its licensors.
Perkville grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for the period of time while your Perkville account is active, your payment obligations (if any) to Perkville are met and only for the purposes described by in these TOS.
You are legally responsible for all Content you upload, post, store or write on while using the Services. You will not hold Perkville responsible for any Content that is lost or unrecoverable through the use of the Services. Any Users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism or any other activity proscribed by applicable law may have their accounts terminated, their Content erased and they may also be reported to law enforcement officials in the appropriate jurisdictions.
Perkville is not responsible for the content you submit or transmit using the Services. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
We respect your right to ownership of Content you provide to Perkville. You grant Perkville a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize the content, ideas, concepts and techniques you submit to Perkville, without any further consent, notice and/or compensation to you or to any third parties.
Perkville may not be used for sending unsolicited messages ("spam") or for hosting of illegal or prohibited content. We closely monitor activity on Perkville to identify potential spammers. You shall not us the Services to communicate with non-specific Contact Information such as email@example.com, firstname.lastname@example.org, email@example.com and firstname.lastname@example.org. Any Business or User found to be using the Services to spam will have their account closed. You can contact us at email@example.com if you suspect any violators of this policy.
Furthermore, you agree not to misuse the Services. For example, you must not, and must not attempt to do the following:
You agree to indemnify and hold Perkville and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your violation of the TOS or your violation of any rights of another person or entity.
All Users of the Services assume sole responsibility and liability for results obtained from the use of the Services and for conclusions drawn from such use. Perkville shall have no liability for any claims, losses, or damage caused by errors or omissions in any information provided to Perkville by any User of the Services in connection with the Services or any actions taken by Perkville at any User of the Services direction. Perkville shall have no liability for any claims, losses or damages arising out of or in connection with User's, Business's or any Employee's use of any third-party products, services, software or web sites that are accessed via links from within the Services.
PERKVILLE PROVIDES ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. PERKVILLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TOS, THE IMPLEMENTATION ANY SERVICES OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PERKVILLE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, ACCURACY OF ANY INFORMATION PROVIDED BY PERKVILLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. PERKVILLE FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PERKVILLE OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS. IF YOU ARE DISSATISFIED OR HARMED BY PERKVILLE, THE SERVICES OR ANYTHING RELATED TO PERKVILLE OR THE SERVICES, YOU MAY CLOSE YOUR PERKVILLE ACCOUNT AND SUCH ACCOUNT CLOSURE SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. PERKVILLE SHALL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE TO A BUSINESS' PROPERTY OR INJURY OR DEATH TO PERSONS.
PERKVILLE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR REWARD PROGRAMS OF BUSINESSES ON PERKVILLE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED IN PERKVILLE'S PROVIDING THE SERVICES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO PERKVILLE.
PERKVILLE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHERS; THEREFORE, PERKVILLE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
PERKVILLE DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. PERKVILLE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PERKVILLE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PERKVILLE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PERKVILLE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
NEITHER PERKVILLE NOR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, AGENTS SHAREHOLDERS, OR DIRECTORS SHALL BE LIABLE FOR (1)(X) IN THE CASE OF A BUSINESS USING THE SERVICES (A) ANY DAMAGES IN EXCESS OF FIVE (5) TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR THE SERVICES, IF ANY, OR US $100, WHICHEVER AMOUNT IS GREATER, OR (Y) IN THE CASE OF A NON-BUSINESS USER $1.00, OR IN ANY INSTANCE FOR ANY USER OF THE SERVICES (2) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE SERVICES OR ANY OF THE CONTENT OR OTHER MATERIALS LOCATED ON, ACCESSED THROUGH OR DOWNLOADED FROM PERKVILLE. THIS LIMITATION OF LIABILITY SHALL:
These TOS are governed by and shall be construed in accordance with the laws of the State of California, without giving effect to California's conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision or portion of these TOS to be unenforceable, the remainder of these TOS will continue in full force and effect. These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of these TOS); provided, however, that in the case of any Business that may have executed a written agreement with Perkville for the provision of the Services, in the event that terms of these TOS and such written agreement are in conflict, the terms of such written agreement shall control. Any waiver of any provision of these TOS will be effective only if in writing and signed by an authorized representative of Perkville.
Questions about the TOS should be addressed to firstname.lastname@example.org or by mail at: Perkville, Inc., 5715 Claremont Ave., Oakland, CA 94618 USA.
In addition to the terms set forth above in these TOS, the following terms are applicable to each Business that uses the Services. By using the Services, Business agrees to all the terms contained in these TOS, including, but not limited to, those terms set forth below.
Businesses can give points to their Customers through Perkville. By accepting these TOS, you agree to the following:
As a condition to Perkville's obligations hereunder, Business shall at all times: (a) provide Perkville with good faith cooperation and access to such information, facilities, and equipment as may be reasonably required by Perkville in order to provide the Services, including, but not limited to, providing data, security access, information, and software interfaces to Business's business applications; (b) provide such personnel assistance as may be reasonably requested by Perkville from time to time; and (c) carry out in a timely manner all other Business responsibilities set forth herein and in any other written agreement between Business and Perkville.
Business shall comply with reasonable requests of Perkville to support public relations efforts pertaining to the Services, which efforts may include: (a) a press release highlighting Business's purchase or use of the Services (including any return on investment attained through the Services); (b) participation in targeted press and analyst interviews highlighting benefits of implementing the Services; and (c) participation in customer case studies developed by Perkville and used on the Perkville web site and other collateral. Business grants to Perkville a non-exclusive, non-transferable (except in the case of the acquisition of Perkville or a sale of all or substantially all of Perkville's assets), limited right to use the Business name, trademarks, and logos (collectively, the "Business Marks") in the production of marketing materials, provided that such use is in accordance with Business's trademark and logo use guidelines that Business may provide to Perkville. Perkville will use its commercially reasonable efforts to cooperate with Business in monitoring use of the Business Marks. All goodwill developed from such use shall be solely for the benefit of Business.
Business acknowledges and agrees that Business's and its Employees' use of the Services is dependent upon access to telecommunications and Internet services. Business shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. Perkville shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.
Unless otherwise provided in a separate written agreement between Business and Perkville, Business may cancel the Services at any time, with or without cause by emailing email@example.com. Cancellation will not alter your obligation to pay all charges made to your account.
The following terms apply to equipment provided to your business by Perkville such as iPads and iPad keyboards.
You agree you will not do the following to the equipment:
Perkville markets Promotions and acts an as agent in marketing and/or selling Promotions on behalf of Businesses; provided, however, Businesses are the issuer of their Promotions. As issuer of their Promotions, Businesses hereby agree to the following:
Perkville reserves the continuing right, but shall not be obligated, to reject, revise, or discontinue publishing any Promotion and to require Businesses to edit or modify the same for any reason, including, without limitation, to conform the Promotion to Perkville specifications or applicable laws.
Perkville will pay each business on a monthly basis for Promotions sold on their behalf. The amount Perkville will pay each business is equal to the following:
Unless otherwise provided in a written agreement between Business and Perkville, the following terms apply for Services offered on a subscription basis. Business will be subject to the monthly subscription fees in accordance with the fee schedule shown on our web site or provided to you in writing. The fees are based on the subscription tier you select. You will be charged the subscription price for the selected tier plus any overage charges if you go over your tiers allotted transaction limit. A transaction is counted each time a Customer earns or redeems one or more points.
The price for the Services excludes all taxes and phone charges, unless stated otherwise. Business is responsible for any taxes that Business is obligated to pay or that we may collect from Business. Business is responsible for all other charges (e.g. phone charges).
We may change the price of the Services from time to time, but we will tell you before we do.
The following terms apply for all payments to Perkville unless we notify you otherwise in writing:
All amounts and fees stated or referred to in these TOS and any other agreement between Business and Perkville are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, "Taxes"). Business shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Perkville's net income.
By virtue of these TOS, Business and Perkville may have access to each other's Confidential Information. "Confidential Information," as used in these TOS or any other written agreement between Business and Perkville, means any written, machine-reproducible and/or visual materials that are clearly labeled as proprietary, confidential, or with words of similar meaning, and all information that is orally or visually disclosed, if not so marked, if it is identified as proprietary or confidential at the time of its disclosure or in a writing provided within thirty (30) days after disclosure, and any information of any nature described in these TOS as confidential. Perkville Confidential Information includes, without limitation, the Services and any Software whether in source or executable code, documentation, nonpublic financial information, pricing, business plans, techniques, methods, processes, and the results of any performance tests of the Services or the Software. The terms and conditions of any written agreement between Business and Perkville shall be deemed the Confidential Information of both parties and neither party shall disclose such information except to such party's advisors, accountants, attorneys, investors (and prospective investors), and prospective acquirers as have a reasonable need to know such information, provided that any such third parties shall, before they may access such information, either (a) execute a binding agreement to keep such information confidential or (b) be subject to a professional obligation to maintain the confidentiality of such information.
Exclusions. Confidential Information shall not include information that: (a) is or becomes publicly known through no act or omission of the receiving party; (b) was in the receiving party's lawful possession prior to the disclosure; (c) is rightfully disclosed to the receiving party by a third party without restriction on disclosure; or (d) is independently developed by the receiving party, which independent development can be shown by written evidence.
Use and Nondisclosure. During the period of time that Business uses the Services and for a period of five (5) years thereafter or termination of any written agreement between Business and Perkville, whichever is later, neither party shall make the other's Confidential Information available to any third party or use the other's Confidential Information for any purposes other than exercising its rights and performing its obligations under these TOS or any other written agreement between Business and Perkville. Each party shall take all reasonable steps to ensure that the other's Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of these TOS or any other written agreement between Business and Perkville, but in no event will either party use less effort to protect the Confidential Information of the other party than it uses to protect its own Confidential Information of like importance. Each party will ensure that any agents or subcontractors that are permitted to access any of the other's Confidential Information are legally bound to comply with the obligations set forth herein. Notwithstanding the foregoing, Confidential Information may be disclosed as required by any governmental agency, provided that before disclosing such information the disclosing party must provide the non-disclosing party with sufficient advance notice of the agency's request for the information to enable the non-disclosing party to exercise any rights it may have to challenge or limit the agency's authority to receive such Confidential Information.