Merchant Terms and Conditions

Perkss Merchant Terms & Conditions

These terms and conditions (“the Agreement”) apply to any party (“the Business”) wishing to engage Perkss for the provision of loyalty reward programs services. Please read these Terms and Conditions carefully before accessing or using the information and services for the App through its marketing platforms (“platforms”) or any website portal (“portal”) it provides. By accessing or using the platforms or portal for the App, the Business agrees that it has read, understood and agrees to be bound by Perkss Merchant Terms & Conditions.

1. Services

1.1 Perkss provides the Services to businesses or representatives of businesses seeking to establish a loyalty reward program for Registered Members of the App.

1.2 Business loyalty reward programs will become live on the App only when the Business has approved all information, its offer and logo/ icon/ picture through the portal or written communication.

1.3 Perkss reserves the right to individually charge for multiple offers through the same business listing.

1.4 Perkss shall make such modifications to any loyalty reward program as are reasonably requested by the Business.

1.5 Perkss shall be entitled at any time without notifying the Business, to make changes to Business loyalty reward programs which are necessary to comply with any applicable security or statutory requirements and shall determine, at its absolute discretion, the manner in which the changes are applied.

1.6 Perkss reserves the right to determine which Smartphone operating systems the app works on.

2. Setting up an account

2.1 The Business is required to create an account with Perkss if the Business wishes to engage the Services of Perkss.

2.2 The Business may be required to pay a nominal establishment fee per venue, and an ongoing subscription fee, which is agreed under a separate pricing schedule.

2.3 All rates are in UK pound unless stated otherwise.

3. Business offer

3.1 The Business structures the offer and reward for its customers. The offer and reward are placed on the Registered Members smartphone and must also be prominently displayed at the point of sale within the store.

3.2 The Registered Member is entitled to receive a stamp or points on the App for each purchase whether by value, quantity or visit. The registered member is entitled to receive a reward for achieving the required number of stamps or points.

3.3 Any dispute regarding the loyalty program will be between the business and its customer. You agree that Stamp Me is not responsible, and shall have no liability to you or your customers, with respect to the loyalty program.

4. Business Communication & Data

4.1 Any electronic communication with Registered Members must be done through the Platforms or Portal or with a method and process previously agreed with Perkss.

4.2 Perkss owns its Registered Members contact details and transactional data records.

4.3 For paying business customers, Perkss shall provide access to customer contact details and transactional data records relating only to customers and records pertaining to the offers and promotions that the business provides on the Perkss Platform.

4.4 Non-paying business customers shall receive no customer contact details or transactional data records unless otherwise agreed by Perkss.

5. Payment & Rights to Terminate a Service

5.1 Businesses may be required to pay a nominal set up fee to establish the Service. A monthly or annual subscription may be charged according to an agreed schedule of rates.

5.2 Perkss can provide the Business with an invoice stating Perkss’ fees in relation to the Services provided to the Business on request.

5.3 All monthly fees will be paid monthly in advance through a credit card. Credit cards may incur an additional surcharge. Unless otherwise agreed with Perkss.

5.4 The Business has 30-days from the date of registration to trial the program without charge. Once the free trial period ends, the Business will then be charged their first monthly subscription payment.

6. Perkss Obligation

6.1 Perkss will use its reasonable endeavours to enable its Registered Members the facility for viewing the Business’s loyalty reward program on the App.

6.2 Perkss will use its reasonable endeavors to publish the Business’s loyalty reward program or provide other agreed loyalty reward programs Services to the Business by the agreed date.

7. Businesses obligations

7.1 The Business hereby undertakes and warrants to Perkss:

7.1.1 that the Business will use all reasonable precautions against access to the App through the portal by any unauthorised persons, including but not limited to the use of usernames and passwords and the securing of information relating to communications between the Business and the rest of the App;

7.1.2 that any information supplied by the Business is accurate, complete and true;

7.1.3 that the Business owns the copyright in or has authorisation from the copyright owner to upload, post, transmit, share, store or otherwise make available to Perkss for use on the App any advertisement which contains a name, pictorial representation or logo;

7.1.4 that material uploaded, posted, transmitted, shared or otherwise made available to the App through the portal is free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties;

7.1.5 that each Loyalty Reward program is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;

7.1.6 that no Loyalty Reward Offer contains any data, image or other material which;

(a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;

(b) is defamatory, threatening or racially, ethnically or otherwise objectionable;

(c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;

(d) infringes the rights (including, without limitation, the intellectual property rights) of another person;

(e) is designed or likely to cause disruption to any computer system or to any network; or

(f) is illegal or designed or likely to induce an illegal act.

7.2 The Business agrees to provide Perkss, in such a format as Perkss may request, any information, design work, artwork and logos necessary to enable Perkss to provide the Services.

8. Confidentiality

8.1 Perkss retains all property rights in all information and all other knowledge relating to Perkss, the Services including the technology and design of the services, the way the Services are implemented, the personnel, policies and business strategies of Perkss and the terms of the agreement (including pricing) which come into the Business’s possession from any source, or information which is treated by Perkss as confidential regardless of its form, or which is designated by its nature as confidential, but excluding information in the public domain or which may be obtained from Perkss without restriction (“Confidential Information”).

8.2 The Business will not use Confidential Information which the Business acquires from Perkss for any purpose which may cause Perkss loss, whether by way of damage to Perkss’ reputation, financial loss, or otherwise.

8.3 The Business will keep confidential all information supplied by Perkss on is Registered Members.

9. Liability

9.1 While Perkss will attempt to verify a Registered Member’s details, it does not guarantee the truth or accuracy of such details. Perkss accepts no responsibility or liability as to the suitability of Registered Members who respond to Business loyalty reward programs.

9.2 Perkss disclaims all liability to the maximum extent permitted by law for liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Business’s use of (or inability to use) the App.