Last Updated: September 1, 2015
Thank you for visiting our website, www.perka.com (the “Site”). References to “we,” “our,” “us” or “Perka” herein refer to Perka, Inc., and Perka, Ltd, and our service providers and designees as deemed appropriate by us.
Perka is an online merchant-customer relationship management service that includes merchant loyalty programs, consumer and merchant messaging, mobile payment and geo-location features (together referred to as the “Perka Service”). While we want you to enjoy the experience of visiting our Site, we also want you to understand that if you would like to use the Perka Service (as a consumer or merchant), you must register and agree to the applicable agreements, legal notices, terms and policies.
1. Your Use of the Site as a Visitor
1.1 Prohibited Activities
You must not: (a) use any deep-link, robot, spider or other device or process to access or acquire, copy or monitor any portion of the Site; (b) attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or network connection to the Site, or to the Site by hacking, password “mining” or any other illegal means; (c) probe, scan or test the vulnerability of the Site or any network connected thereto, nor breach the security or authentication measures on the Site or any network or systems connected thereto; (d) decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct or discover any source code, underlying ideas or algorithms in connection with any aspect of the Site; (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; (f) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site; (g) interfere with or disrupt the Site or servers or networks connected to the Site; (h) collect or store personal data about other Visitors or registered consumers or merchants on the Site; (i) copy or reproduce all or any part of the Site, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization; (j) republish, upload, post, transmit, disclose, or distribute (in any format) the Site; (k) remove, relocate or otherwise alter any proprietary rights notices from the Site; (l) modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site in any manner; or (m) exploit the Site in any unauthorized way whatsoever.
1.2 Interruptions and Downtime
When using the Site, you may occasionally experience interruptions or downtime as a result of internet issues beyond our control, technical problems or scheduled downtime. We will try to minimize these incidents but we cannot guarantee that they will not occur.
2. Data Privacy
3. Perka Intellectual Property
All right, title and interest (including copyrights) in and to the Site (including links to other internet resources, and descriptions of those resources and related software) are owned by or licensed to Perka and its Affiliates, who reserve all rights in law and equity not expressly granted to you under the Terms. The Perka name, Perka logo, Site, and other Perka trademarks, service marks, graphics, and logos used in connection with the Site are trademarks or registered trademarks of Perka or its Affiliates in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks.
You agree that the Site (including but not limited to all text, graphics, user interfaces, editorial content, and software used to implement the Site and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such) contains proprietary information and material that is owned or licensed by Perka or its Affiliates and is protected by applicable intellectual property and other laws, including but not limited to copyright. No portion of the Site may be reproduced in any form or by any means and You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site in any manner. Perka reserves the right to change, suspend, remove, or disable your access to the Site, including via the Perka Apps, or other materials comprising a part of the Site at any time without notice. In no event will Perka be liable for such change, suspension, removal or disablement.
4. Disclaimer of Warranties; Limitation of Liability; Waiver; Indemnification
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERKA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, PERKA MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS. PERKA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE.
Profiles and third party applications created and posted by Members and Merchants may contain links to other websites (“Third Party Sites”). Perka is not responsible for the content, accuracy or opinions expressed on such Third Party Sites, and such Third Party Sites are not necessarily investigated, monitored or checked for accuracy or completeness by Perka. When you access these Third Party Sites, you do so at your own risk. Perka takes no responsibility for third party advertisements or third party applications that are posted on the Site, nor does it take any responsibility for the goods or services provided by its advertisers or Merchants.
IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR PERSONAL INJURY, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF PRIVACY, LOSS OF PROFITS OR REVENUE INCURRED BY YOU OR ANY THIRD PARTY IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS ARISING FROM YOUR ACCESS TO THE SITE.
BY VISITING AND USING THE SITE, YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD PERKA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS AND YOUR USE OF THE SITE OR ANY ACTION TAKEN BY PERKA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM PERKA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO WARN YOU, SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PERKA'S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.
5. Miscellaneous Terms
We reserve the right to make changes to these Terms at any time by publishing a revised version on the Site. The revised version of the Terms will take effect from the time at which it is first published. You will be subject to the Terms in force at the time that you access the Site. Your continued access to the Site indicates your acceptance of such updates and changes.
5.2 Applicable Law and Jurisdiction
The Terms will be construed, and their performance enforced, under the laws of the state of New York without reference to its conflict of law principles. Regardless of where you access the Site, you agree that any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in the state of New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THE TERMS AND THE SITE.
5.3 Enforceability of Terms
The failure of Perka to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
5.4 Notices and Communications
All communications and notices to Perka may be sent by email to email@example.com or by clicking the “Support” link on the Site.