Last Updated: 1st Sep, 2014
Perkd's products and services are provided by Perkd Pte Ltd. These Terms of Service ("Terms") govern your access to and use of Perkd's website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.
You may use our Products only if you can form a binding contract with Perkd, and only in compliance with these Terms and all applicable laws. When you create your Perkd account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organisation, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
Perkd allows you to post content, including card images, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Perkd.
You grant Perkd and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Perkd solely for the purposes of operating, developing, providing, and using the Perkd Products. Nothing in these Terms shall restrict other legal rights Perkd may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Perkd shall use all commercially reasonable efforts to protect and preserve User Content, including but not limited to your cards and associated data. Following termination or deactivation of your account, or if you remove any User Content from Perkd, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Perkd and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Perkd.
We value hearing from our users, and are always interested in learning about ways we can make Perkd better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Perkd does not waive any rights to use similar or related Feedback previously known to Perkd, or developed by its employees, or obtained from sources other than you.
By posting the User Content to Perkd, you are representing that you have the right to post the User Content.
Aside from content and materials provided by Participating Merchants, Perkd makes no representations or promises regarding any User Content. Please note that the User Content provided via the Perkd may be owned by third parties, service providers or issuers and you use the same at your own risk.
User Content is posted for information and non-commercial use only. Notwithstanding that Perkd stores an image of your card as part of your User Content in Perkd's database that you can access using your mobile device, please note that this is for backup and information purposes only. The User Content is not meant to replace the physical card. Aside from Participating Merchants, Perkd does not in any way warrant or represent that the images the User Content will be acceptable to or accepted by third parties, including card issuers, regardless if you have uploaded such User Content. You should keep all cards in your physical possession and be ready to present the same if required by the third party.
We care about the security of our users. While we work to protect the security of your content and account, Perkd cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account.
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Perkd. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Perkd, you do so at your own risk and you agree that Perkd will have no liability arising from your use of or access to any third-party website, service, or content.
Perkd may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
If you use our Products, you agree to indemnify and hold harmless Perkd and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
PERKD SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Perkd takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERKD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PERKD'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED SINGAPORE DOLLARS (S$100.00).
These Terms shall be governed by the laws of Singapore and the parties submit to the non-exclusive jurisdiction of the courts of Singapore.
Our Products are controlled and operated from Singapore, and we make no representations that they are appropriate or available for use in other locations.
Perkd reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Perkd without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Perkd in connection with the Products, shall constitute the entire agreement between you and Perkd concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Perkd's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.