TERMS OF SERVICE

Last Updated: 10/16/2019

These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website located at https://www.getperk.co/ (the “Site”), owned and operated by The Perk Services Inc. (“Perk”, “we”, “our” or “us”), and the services available thereon, including without limitation the services that enable you to purchase gifts, products and services (“Rewards”) offered by certain vendors as set out on the Site (“Vendors”) and deliver such Rewards through the Perk Card (the “Perk Card”) to your colleagues, employees, family, friends, and clients (the “Services”).

BY ACCESSING OR USING THE SITE OR SERVICES YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, as well as Perk’s Privacy Statement located at www.getperk.co/terms (the “Privacy Statement”), as it may be amended from time to time in the future.

Perk may update this Agreement or the Privacy Statement at any time, without notification to you, and you should review this Agreement and the Privacy Statement from time to time by accessing the Site. Your continued use of the Site and/or the Services will be deemed irrevocable acceptance of any such revisions. Before you continue, you should print or save a local copy of this Agreement and the Privacy Statement for your records.

Ability to Enter into this Agreement

In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.

Intellectual Property Rights

All material available on the Site and all material and services provided by or through Perk, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.

Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, Perk grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you. You are not permitted to download, copy or otherwise store any Materials.

If Perk, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Services or any of its, your or a third party system, then Perk may immediately suspend access to or use of the Services. The suspension of use and access is not a breach of this Agreement. You acknowledge that the preservation of security, confidentiality and data is paramount. Perk has no liability to you for suspending the Services under this provision.

This section does not apply to Content (as defined below); however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Perk related to the Services, the Site or Perk or its business (“Feedback”) are and will be Perk’s exclusive property without any compensation or other consideration payable to you by Perk, and you do so of your own free will and volition. Perk may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Perk may decide into the Site, the Services, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Perk in any Feedback and, as applicable, waive any moral rights.

For the purposes of this Agreement and the Privacy Statement, “personal information” is any information about an identifiable individual, as defined in our Privacy Statement.

Perk retains the right to use or share any Aggregated Data generated by anyone using the Site or the Services, including our users, for the purpose of enhancing and providing the Services. “Aggregated Data” means data that does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. Where you choose to utilize or connect certain services from third parties with the Services, you agree that Perk may share your lead data with such designated third parties. You are still responsible for any and all personal information that is part of any Content.

Your Profile Information and Account

You are required to create an account in order to purchase or redeem Rewards. If you sign up for a Perk account (“Account”), you agree that Perk is providing you with one user identification reference that you will use to create a username (your email address) and password (together, the “User ID”) to the extent, and only to the extent, necessary to access and use the Site and Services in accordance with this Agreement. You agree and understand that you are responsible for maintaining the confidentiality of your User ID. That User ID, together with any or other user information you provide, including but not limited to your social media profiles and location, will form your “Profile Information” and allow you to access your Account. You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information. You represent and warrant to Perk that you have not misrepresented any Profile Information. You are responsible for any Profile Information that may be lost or unrecoverable through the use of the Site or Services.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your User ID to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. You must also pay for all applicable fees, purchases and other obligations arising from your use of the Site. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Perk immediately. It is your responsibility to update or change any Account or Profile Information, as appropriate.

For paid Accounts (each, a “Paid Account”), Provider deems the person under whose name appears on the credit or charge card that pays the charges for the Services to be the owner and controller of the User ID, Profile Information and Paid Account for all purposes under this Agreement. If a corporate or other organization’s name appears on the credit or charge card, that corporation or organization is deemed to be the owner. If any dispute arises as to who owns or controls a User ID, Profile Information or Paid Account, the credit or charge card will continue to be charged and you will be responsible to pay for the Services until Provider receives written confirmation from the Paid Account email address confirming a change in ownership and control of the Paid Account.

Each recipient of a Perk Card (the “Recipient”) is required to active their Perk Card and create an account in order to use the Site and redeem Rewards.

In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to any Perk subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting info@getperk.co. Doing so may have a material impact on our ability to provide any Services to you, and we are not responsible if you do so.

Vendor Terms and Conditions

Although Perk is the channel through which Rewards are sold, the contract governing the obligation, rights, ownership, use or redemption of Rewards is between you and the Vendor. By accessing the Site, and by purchasing a Reward on the Site, you agree to be bound by the legal terms and conditions governing the sale and use of Rewards as defined by the Vendor and under the laws relevant to the jurisdiction of the Vendor, without regard to principles of conflict of laws.

One-Time Purchases

A Reward may not be redeemed or used to purchase any products or services other than with the Vendors offered by us for purchase on our Site.

By clicking “buy”, “buy now”, “place order”, “purchase,” “give Reward”, "send Reward" or “complete purchase”, you authorize Perk to issue a Perk Card to the Recipient on your behalf.

Refunds or Exchanges

Perk advises that prior to placing an order for a Reward you carefully review your selection. All sales are final. You may not return, cancel or redeem for cash any Reward after it is purchased, unless otherwise stated by law. Once you have purchased a Reward, you agree to not dispute or otherwise seek a “chargeback” from the credit card or other payment method you used. If you have a question about a charge, you agree to contact us at info@getperk.co.

Fees and Renewals

Pricing for a Paid Account shall be set out pursuant to an order form on the Site (“Order Form”). Unless otherwise set out in an Order Form, fees for a Paid Account will be billed in advance for the Subscription Period (as defined below) and are non-refundable. There will be no refunds or credits for partial months of service or for periods in which your Paid Account remains open but you do not use the Services.

Term and Renewal

Subject to your payment of applicable fees for a Paid Account, we will provide the Services to you for the period of time that you have paid for such Services (the “Subscription Period”).

At the end of the Subscription Period, your Paid Account subscription will automatically renew for an additional Subscription Period until explicitly cancelled by you as described in the “Cancellation and Termination” section below.

Your right to use the Site will continue until you remove our application from your mobile device, your computer, or other hardware or terminate your Account, unless your access to the Site is earlier terminated by Perk in accordance with this Agreement.

If you purchase any fee-based Services, then you agree our third party service providers may store your credit or charge card information. You expressly agree that we are authorized to charge you (i) a fee for any applicable Services for which you have purchased, billed on a per purchase basis, (ii) any other fees for Services you may

purchase, and (iii) any applicable taxes in connection with your use of the Services to the credit or charge card you provide and to reimburse us for all collection costs and interest for any overdue amounts.

Taxes

You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to any purchase or sale of services or goods under this Agreement. When purchasing or selling services or goods under this Agreement, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as Materials or in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to the purchase or sale of services or goods under this Agreement.

Submission of Content

The Site and the Services available thereon enable you to provide or upload content, including but not limited to messages, materials, data, text, music, sound, photos, videos, graphics, applications, code and other information or content (collectively, “Content”), to Perk for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and the consequences for submitting, providing or uploading it.

Perk will use Content you upload solely in connection with providing the Services to you, and for no other reason. You agree that by uploading, or otherwise providing any Content on or through the Site and/or the Services, you grant to Perk a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, solely in connection with providing the Services to you. This license includes the right to host, index, cache or otherwise format your Content in order to provide the Services.

You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Perk or Perk’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree that Perk is not responsible for any violations of any third party intellectual property rights in any Content that you submit to Perk. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you to the Site.

Monitoring

Perk may, but has no obligation to, monitor Content on the Site, or any website created using our Services. You consent to such monitoring. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Perk or its customers, or operate the Site or Services properly, or improve the Site or Services. Perk, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement, including, but not limited to the Privacy Statement.

Acceptable Use and Conduct:

You agree that you will not publish or make available any Content that, or use the Site or Services in a manner

that:

  1. (a)  infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;

  2. (b)  contains software viruses, Trojan horses or any other computer code, files or programs designed

    to interrupt, destroy or limit the functionality of any computer software or hardware or

    telecommunications equipment;

  3. (c)  is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities,

    including engaging in phishing or otherwise obtaining financial or other personal information in

    a misleading manner or for fraudulent or misleading purposes;

  4. (d)  is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious

    or harmful to any person or entity, or is invasive of another’s privacy;

  5. (e)  is harmful to minors in any way;

  6. (f)  is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national

    origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as

    reasonably determined by Perk;

  7. (g)  impersonates a Perk employee, or any other person, or falsely states or otherwise misrepresents

    your affiliation with any person or entity, or to obtain access to the Site or Services or a portion

    thereof without proper authorization;

  8. (h)  interferes or attempts to interfere with the proper working of the Site or Services or prevents

    others from using the Site or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site or Services;

  9. (i)  uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or Services or the content contained therein;

  10. (j)  facilitates the unlawful distribution of copyrighted Content;

  11. (k)  except as expressly permitted by Perk, licenses, sublicenses, rents or leases the Services to third

    parties, or uses the Services for third party training, commercial time-sharing or service bureau

    use;

  12. (l)  includes personal or identifying information about another person in a manner that employs

    misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in

    order to disguise the origin of Content transmitted through the Site or Services to users;

  13. (m)  constitutes or contains any form of advertising or solicitation to users who have requested not to

    be contacted about other services, products or commercial interests;

  14. (n)  stalks or otherwise harasses anyone on the Site or using the Services or with information

    obtained from the Site or Services;

  15. (o)  collects, uses or discloses data, including personal information, about users without their

    informed consent or for unlawful purposes or in violation of applicable law or regulations;

  16. (p)  requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site or Services for the purposes of automating logins to the

    Site;

  17. (q)  attempts to gain unauthorized access to the computer systems of Perk or engage in any activity

    that disrupts, diminishes the quality of, interferes with the performance of, or impairs the

    functionality of the Site or Services;

  18. (r)  posts adult or pornographic Content;

  19. (s)  decompiles or reverse engineers or attempts to access the source code of the software

    underlying the Site, the Services or any other Perk technology;

  20. (t)  copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate

    works from, displays, performs, publishes, distributes, redistributes or disseminates all or any

    part of the Site or Services;

  21. (u)  accesses the Site or Services for the purposes of building a product using similar ideas, features,

    functions, interface or graphics as those found in the Site or Services;

  22. (v)  accesses the Site or Services for the purposes of monitoring its availability, performance or

    functionality, or for any other benchmarking or competitive purposes; or

(w) accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach or override of security to the Site or Services; (ii) interfering with the proper working, functionality or performance of the Site or Services; or (iii) preventing others from accessing or using the Site or Services.

Disclaimer of Warranties

YOUR USE OF THE SITE OR SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE OR SERVICES, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

PERK DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME PERK MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES OR OTHER ACTIONS THAT PERK, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.

PERK IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, THE VENDORS, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY PERK, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY PERK. PERK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE QUALITY, SAFETY, USABILITY, OR OTHER ASPECT OF THE REWARDS OR OTHER SERVICES OR PRODUCTS PROVIDED BY VENDORS. YOUR ONLY RECOURSE WITH RESPECT TO A VENDOR’S FAILURE TO REDEEM A REWARD SHALL BE AGAINST THE VENDOR FROM WHICH YOU PURCHASED SUCH REWARD. PERK IS NOT LIABLE FOR ANY COSTS, HARM OR DAMAGES THAT OCCUR AS A RESULT OF, EITHER DIRECTLY OR INDIRECTLY, THE REWARDS OR OTHER SERVICES OR PRODUCTS PROVIDED BY VENDORS.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE AND SERVICES. PERK DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND SERVICES AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERK OR THROUGH OR FROM THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY PERK FROM ITS FACILITIES IN CANADA. PERK MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Third Party Sites and Content

The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Perk’s control, and you acknowledge that Perk is not responsible or liable for any third party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Perk or any association with its operators. You further acknowledge and agree that Perk will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.

Internet Security Disclaimer

You acknowledge and agree that Perk exercises no control over, and accepts no responsibility for, any content passing through the Internet or for Internet connectivity outside of Perk’s control. You further acknowledge that the Internet is inherently risky despite reasonable measures being taken, and you assume responsibility for your use of the Service over the Internet.

Exclusive Remedy and Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL PERK OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF PERK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR SERVICES, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT. PERK’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO THE LESSER OF: (A) $500; AND (B) THE TOTAL AMOUNTS YOU PAID TO PERK IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PERK’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING OR ANYTHING ELSE HEREIN TO THE CONTRARY, PERK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF IN ANY WAY WITH RESPECT TO YOUR PROVISION OF AN INDIVIDUAL’S PERSONAL INFORMATION TO PERK OR THROUGH THE SERVICES. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.

THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN PERK AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT PERK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR

DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

Perk will have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the Site and/or the Services.

Waiver of Jury Trial and Class Action Rights

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES AND/OR THIS AGREEMENT: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Limitation of Time

You agree that you will not bring a claim under or related to this Agreement more than 12 months from when your claim first arose.

Indemnity

You agree to indemnify, defend, and hold harmless Perk, and its subsidiaries, affiliates, co-branders, all third- party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the Site or the Services, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Profile Information and any third party Content forming part of the Site; (b) your violation or alleged violation of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Perk reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Perk and you agree to cooperate with Perk’s defense of these Claims. You agree not to settle any matter without the prior written consent of Perk. Perk will use reasonable efforts to notify you of any such Claims upon becoming aware of it.

Cancellation and Termination

You may cancel your Account at any time by emailing us at info@getperk.co. Such cancelation request must be done at least one day prior to the end of the term of your then-current Subscription Period. This is the only way to cancel your Account and you will not be provided with a refund, in whole or in part, of any pre-paid amount.

You will remain liable for all charges accrued on your Account up to the time of cancellation, including full fees for the then current Subscription Period in which you cancelled your Account.

Perk is under no obligation to store your Content and may delete your Account and your Content immediately upon cancellation or may keep your Account and your Content for up to 90 days following the last day of the month of cancellation. Upon request from you, we will make available for access to you any of your Content for 90 days from the effective date of termination of the Services.

Perk reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Perk reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.

Miscellaneous

If there is any dispute between you and Perk about or involving this Agreement, the Site or the Services, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with this Agreement will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English. Notwithstanding the foregoing, Perk may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Agreement is specifically enforceable by Perk through injunctive relief and other equitable remedies without proof of monetary damages.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.

You agree that if Perk does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Perk has the benefit of under any applicable law), this will not be taken to be a formal waiver of Perk’s rights and that those rights or remedies will still be available to Perk.

The sections of “Submission of Content”, “Intellectual Property Rights”, “Taxes”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Exclusive Remedy and Limitation of Liability”, “Waiver of Jury Trial and Class Action Rights”, “Limitation of Time”, “Indemnity” and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.

This Agreement is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.

Contacting Perk

You may contact Perk by email at info@getperk.co.

THE PERK SERVICES INC. PRIVACY STATEMENT

Last updated: 10/16/2019

The Perk Services Inc. (“Perk”, “we” or “us”) is committed to protecting your privacy and safeguarding your personal information. The purpose of this privacy statement is to inform you about our privacy practices, including how we collect, use and disclose your personal information.

This privacy statement relates to all of our activities, unless we have provided you with a separate privacy statement for a particular product, service or activity.

Please review this privacy statement carefully. By submitting your personal information to us, by registering for or using any of the services we offer, by using our website, or by voluntarily interacting with us, you consent to our collecting, using and disclosing your personal information as set out in this privacy statement, as revised from time to time.

WHAT’S IN THIS PRIVACY POLICY?

Meaning of Personal Information
Your Consent to Collection, Use and Disclosure

Personal Information We Collect
How We Use Your Personal Information
How We Share Your Personal Information
Opting Out of Communications
Retention of Personal Information
Information Security
Accessing and Updating Your Personal Information International Transfer and Storage of Information Third Party Websites and Services
Children’s Information
Privacy Statement Updates
Contact Us

Meaning of Personal Information

"Personal information" means information about an identifiable individual.
may include, but is not limited to, your name, mailing address, e-mail address and telephone number.

Personal information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, work fax number or work electronic address.

Personal information also does not include information that has been anonymized or aggregated in such a way that there is no serious possibility it can be used to identify an individual, whether on its own or in combination with other information.

Your Consent to Collection, Use and Disclosure

We collect, use and disclose your personal information with your consent or as permitted or required by law. How we obtain your consent (i.e. the form we use) will depend on the circumstances, as well as the sensitivity of the information collected. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. If you choose to provide personal information to us, we assume that you consent to the collection, use and disclosure of your personal information as outlined in this privacy statement.

Typically, we will seek your consent at the time your personal information is collected. Where we want to use your personal information for a purpose not previously identified to you at the time of collection, we will seek your consent prior to our use of such information for this new purpose.

You may withdraw your consent to our collection, use or disclosure of your personal information at any time by contacting us using the contact information in the “Contact Us” section below. However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services.

If you provide personal information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect, use and disclose his or her information as described in this privacy statement.

Personal Information We Collect

The personal information we collect is generally in one or more of the following categories.

Products and Services. For individuals who use our products and services, we may collect information from you or from your use of our products or services.

  • Information you submit to us: we collect information that you submit through your use of our products or services, including information you provide in connection with the creation and management of your account for our products or services, such as your name, e-mail address and other contact information and password.

  • Information we automatically collect: we collect log data and usage information relating to your use of our products and services.

Website. For individuals who visit our website located at https://www.getperk.co/ or any of our related websites (collectively, “our website”), we may collect information from you or from your activities on the site

  • Like most websites and other Internet services, we may collect certain technical and device information about your use of our website. Such information may include your Internet protocol address, information about your device, browser and operating system, and the date and time of your visit.

  • We may also use “cookies” or enlist third party services which track your preferences and activities on our website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences, making your subsequent visits to the site more efficient. Cookies may store a variety of information, including the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their users. Most browsers are designed to accept cookies, but they can be modified to block cookies. See your browser’s help files for more information. You should note, however, that without cookies some of our website’s functions may not be available.

Other Interactions. For individuals who otherwise interact with us, whether in person, by phone or email, through social media or otherwise, including individuals who might be interested in acquiring our products or services, who sign-up to receive newsletters or other communications, or who respond to surveys and questionnaires, we may collect information that you provide to us during these interactions. This information may include your name, e-mail address and other contact information.

We do not collect payment card information. If you make an online payment using a payment card, such as a credit card or debit card, you are connected directly to our online payment processing service provider and your payment card information is collected and processed by that service provider.

How We Use Your Personal Information

We may use your personal information and other information for purposes such as:

  • to provide you with our products and services and to support your use of our products and services;

  • to contact you relating to our products and services;

  • to monitor and improve our products and services, and to develop new products and services;

  • to analyze the needs and activities of our customers to help us better serve them; to conduct research and analysis related to our business, products and services; to respond to inquiries and other requests;

  • to collect opinions and comments in regard to our products and services;

  • to provide you with information that we think may interest you, including in regards to our products and services; and

  • to investigate legal claims.

We may use your personal information and other information for purposes for which we have obtained your consent, and for such other purposes as may be permitted or required by applicable law.

We do not use the information we collect to provide advertising of third party products and services or targeted advertising of Perk products and services across third party websites or service offerings.

How We Share Your Personal Information

We rely on third party services providers to perform a variety of services on our behalf, such as e-commerce providers, payment card processers, telephone and technical support providers, hosting, data storage and processing service providers, and research and analytics providers.

If we provide your information to service providers, then we require that the service providers maintain the confidentiality of your personal information and keep your personal information secure. We also require that they only use your personal information for the limited purposes for which it is provided. When our service providers no longer need your personal information for those limited purposes, we require that they dispose of the personal information. In some circumstances, we may permit our service providers to retain aggregated, anonymized or statistical information that does not identify you. We do not authorize the service providers to disclose your personal information to unauthorized parties or to use your personal information for their direct marketing purposes. If you would like more information about our service providers, please contact us using the contact information in the “Contact Us” section below.

Additionally, we may use and disclose your information when we believe such use or disclosure is permitted, necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce the terms of the agreements for our products and services; (e) to protect our operations or those of any of our affiliates or subsidiaries; (f) to protect our rights, privacy, safety or property, and/or those of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. In addition, we may transfer your personal information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.

If we otherwise intend to disclose your personal information to a third party, we will identify that third party and the purpose for the disclosure, and obtain your consent.

Opting Out of Communications

If you no longer want to receive marketing-related emails from us, you may opt-out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email you receive from us, or, if you created an online account when you registered to receive our emails, you may log-in to your account and make changes to your communication preferences. You may also opt-out by contacting us directly using the contact information in the “Contact Us” section below.

We will endeavour to respond to your opt-out request promptly, but we ask that you please allow us a reasonable time to process your request. Please note that if you opt-out from receiving marketing-related emails, we may still need to send you communications about your use of our products or services, or other matters.

Retention of Personal Information

We will use, disclose or retain your personal information only for as long as necessary to fulfill the purposes for which that personal information was collected and as permitted or required by law.

Information Security

We have implemented physical, organizational, contractual and technological security measures with a view to protecting your personal information and other information from loss or theft, unauthorized access, disclosure, copying, use or modification. We have taken steps to ensure that the only personnel who are granted access to your personal information are those with a business ‘need-to-know’ or whose duties reasonably require such information.

Despite the measure outlined above, no method of information transmission or information storage is 100% secure or error-free, so we unfortunately cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information in the “Contact Us” section below.

Accessing and Updating Your Personal Information

We will take steps to ensure that your personal information is kept as accurate, complete and up-to-date as reasonably necessary. We will not routinely update your personal information, unless such a process is necessary. We expect you, from time to time, to supply us with updates to your personal information, when required.

You may make a written request to review any personal information about you that we have collected, used or disclosed, and we will provide you with any such personal information to the extent required by law. You may also challenge the accuracy or completeness of your personal information in our records. If you successfully demonstrate that your personal information in our records is inaccurate or incomplete, we will amend the personal information as required.

We may require that you provide sufficient identification to fulfill your request to access or correct your personal information. Any such identifying information will be used only for this purpose.

International Transfer and Storage of Information

Your personal information may be stored and processed in any country where we have facilities or in which we engage third party service providers. As a result, your personal information may be transferred to countries outside your country of residence, which may have different data protection rules than in your country. While such information is outside of your country, it is subject to the laws of the country in which it is located, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.

Third Party Websites and Services

This privacy statement applies only to our products and services. This privacy statement does not extend to any websites or products or services provided by third parties. We do not assume responsibility for the privacy practices of such third parties, and we encourage you to review all third party privacy policies prior to using third party websites or products or services.

Children’s Information

Our products and services are not intended for children under the age of 16, and we do not knowingly collect personal information from children under the age of 16. Children under the age of 16 should not use our products and services and should not provide us with their personal information.

Privacy Statement Updates

This privacy statement is current as of the “updated” date which appears at the top of this page. We may modify this privacy statement from time to time. When changes are made to this privacy statement they will become immediately effective when published in a revised privacy statement posted on our website unless otherwise noted. We may also communicate the changes through our services or by other means. By submitting your personal information to us, by registering for or using any of the services we offer, by using our website, or by voluntarily interacting with us after we publish or communicate a notice about the changes to this privacy statement, you consent to our collecting, using and disclosing your personal information as set out in the revised privacy statement.

Contact Us

All comments, questions, concerns or complaints regarding your personal information or our privacy practices should be sent to our Privacy Officer as follows:

Address:

Attention: Privacy Officer

Gayan Pathirana

gayan@getperk.co18883737375

322 Water street Vancouver BC

V6B 1B6

By e-mail: gayan@getperk.co