Perxclub Philippines - No. 1 Mobile Loyalty App

TERMS OF USE

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Terminology

Your access and use of Perxclub (collectively, “Perxclub”, the "App", "Website", "Service" or "Services") is subject to these Terms of Use (the "Agreement" or "Terms"), a legal agreement between Perxclub and you. The terms “Perxclub”, "we," "us," and "our" refer to Perxclub. The term "You", "you" or "your", "Users", "user", refers to the entity or individual who is accessing the Service under this Agreement. “Merchant/s” or “Partner Merchant/s” refers to brands or companies who are in agreement and partnership with Perxclub. “Social Media” refers to Facebook and Twitter where Perxclub is integrated. “Social Media Account/s” refers to the user’s Facebook and Twitter accounts they use to login. “Social Media Facility” refers to the app’s feature where users can share or post Perxclub content (where available) on Facebook timeline and Twitter account.

Basic Terms of Usage

You must be 13 years or older to use the Service.

You are responsible for any activity (earning and collecting digital stamps, setting up your Personal Passcode and profile, earning achievements via medals and leadership ranking, downloading and claiming rewards, updating and refreshing the app, inviting and adding friends, viewing other user’s profile, sharing Perxclub contents through Social Media Facility) that occurs under your Perxclub account.

You agree to share your activities and transactions as Newsfeeds and Recent Activity feeds with fellow Perxclub users who follow you as their Perxclub friend, Partner Merchants, and/ or other 3rd party companies.

You must not obtain stamps and/or rewards through unauthorized, fraudulent or illegal means.

You must not use any invalid stamps and/or rewards obtained from technical glitches of the Perxclub App or any unauthorized, fraudulent, or illegal means.

You must provide correct and accurate information in your Perxclub profile. Since Perxclub is integrated with Facebook and Twitter, you must use your own Social Media Accounts to access Perxclub on your own mobile phone.

You must claim digital stamps at the actual date and time of purchase. Else, the Merchant reserves the right to refuse giving out stamps as they deemed reasonable.

You must not post inappropriate and offensive postings via Social Media Facility to the Service.

You are responsible for keeping your Perxclub account secured.

You must not abuse, harass, threaten, impersonate or intimidate other Perxclub users.

You may not use Perxclub for any illegal or unauthorized purpose. You shall abide by all applicable local, national, and international laws and regulations.

You are solely responsible for your conduct and any data, comment, information, names, photos, ("Content") that you post, and display on Perxclub.

You must not modify, adapt or hack Perxclub or modify another website or mobile app so as to falsely imply that it is associated with Perxclub.

You must not access Perxclub's private API by any other means other than the Perxclub mobile application.

You must not crawl, scrape, or otherwise cache any Content including but not limited to merchant listings, merchant information, offers and rewards and users information.

You must not create or submit unrelated emails to Perxclub.

You must not send out any worms or viruses or any code of a destructive nature.

You must not, in the use of Perxclub, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Perxclub account. While Perxclub strictly prohibits such conduct on its app and website, you understand and agree that Perxclub cannot be solely responsible for the Content displayed on the app and the website and you nonetheless may be exposed to such materials and that you use Perxclub at your own risk.

General Conditions

We reserve the right to modify, terminate, or discontinue Perxclub for any reason, without notice at any time.

We reserve the right to share your activities and transactions with fellow Perxclub users who follow you as their Perxclub friend , Partner Merchants and/ or other 3rd party companies.

We reserve the right to invalidate digital stamps that are earned from technical glitch or error or unusual activity.

We reserve the right to invalidate digital stamps and/or rewards obtained through unauthorized, fraudulent or illegal means as proven by our investigation.

We reserve the right to refuse service to anyone for any reason at any time.

We will not be held liable should a merchant fail/refuse to honor the reward of a user.

We reserve the right to put to “Pending Account” status any user or account that is under our investigation.

Merchant reserves the right to decline a user/ account of any Perxclub-related transactions that is under Pending Status.

We reserve the right to force forfeiture of any Perxclub account that becomes inactive for more than 6 months, proven of fraud issue, violates trademark, or may mislead merchants and other users.

We will not be held liable in case stamps and/or rewards get "lost" due to users negligence.

We may, but have no obligation to, remove Content and Perxclub accounts containing Content and Activity that we determine in our sole discretion are unlawful, offensive, fraud, threatening, libelous, defamatory, obscene or otherwise objectionable or violate any party's intellectual property or these Terms of Use.

We reserve the right to reclaim Perxclub accounts on behalf of businesses or individuals that hold legal claim or trademark on those Perxclub accounts.

We're not responsible for any third party fees (including, without limitation, Internet, mobile phone, or text messaging fees).

The Service makes it possible to post to outside websites images and text through or in connection with the Service. Pages on other websites which display data provided through the Service must provide a link back to Perxclub's App Store or Play Store page or Perxclub's website. If you decide to access outside websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that we are not liable for any loss or damage that you may suffer by using other websites.

Content and User Activity

For purposes of these Terms of Use, the term "Content" includes, without limitation, Merchant information, Merchant loyalty program offers, special offers, interactive features such as Play for a Prize, Social Media Facility activities, Merchant terms and conditions of loyalty program, Merchant listings, users social media comments, user profiles, information, photos, data, and any text.

The term “Activity” includes, without limitation, user stamping and collecting, app refreshing and updating of version, earning of achievements via medals and leadership circle, inviting and adding of friends, viewing other user’ profile, social media postings, setting up profiles and downloading and claiming of rewards.

We own the Content that we created including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, stamping feature, and all other elements and components of Perxclub excluding the content and photos of merchants’ loyalty offers, promos, its mechanics and third-party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights) associated with our Content on Perxclub, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Perxclub's Content in whole or in except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and Perxclub's Content are retained by us.

You should NOT modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or any of the Content except as expressly authorized by Perxclub.

Although the Service is should be available in online and offline mode, there will be occasions when the Service will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Perxclub. Also, although Perxclub will normally only delete Content or social media postings that violate this Agreement, Perxclub reserves the right to delete any Content or social media postings for any reason, without prior notice. Deleted Content may be stored by Perxclub in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Perxclub encourages you to maintain your own backup of your own data by refreshing (updating) your Perxclub app. Perxclub will NOT be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content.

You may request to deactivate your Perxclub account at any time by contacting perxclub@mobileoptima.com.

Communications from Perxclub and other Users

By creating a Perxclub account, you agree to receive certain communications in connection with the Service. For example, you might receive notifications about other Users you added as Perxclub friends, announcements and alerts from Perxclub or Partner Merchants or third party. You also might receive a weekly email related to the Service and its Content.

THE Perxclub WEBSITE, APP, SERVICE AND CONTENT ARE PROVIDED "AS-IS" AND Perxclub EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Perxclub CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE Perxclub SERVICES. Perxclub DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY CONTENT ON THE WEBSITE AND APP ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE ,OR THAT THE SERVICE, CONTENT, OR WEBSITE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL OR DATA FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. IN NO EVENT WILL Perxclub OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE APP AND WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF Perxclub IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Perxclub's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Perxclub FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO Perxclub FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM Perxclub, REGARDLESS OF THE CAUSE OF ACTION. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF OUR CONTENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to indemnify and hold Perxclub, its merchants, subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with any user Activity on Perxclub, your use of Perxclub, your conduct in connection with Perxclub, or with other users of the Service, or any violation of these Terms or of any law or the rights of any third party.

Miscellaneous

Perxclub shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Perxclub's reasonable control, including, without limitation, mechanical, electronic and communications failure. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Perxclub's prior written consent. Perxclub may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Any lawsuit arising out of any dispute or discrepancies shall be filed in the courts of Makati City.

Suggestions and Improvements

By providing us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

You are responsible for any consequences of violating these terms

You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences (including any loss or damage which Perxclub may suffer) of any such breach. If you have created an Account or contributed Content to Perxclub, you recognize that violation of these Terms may result in termination of your account and loss of access to your Content contributed to Perxclub.

 

 

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