These Terms of Use (“Terms”) govern your use of services offered by PERKS CIRCLE LTD. DBA PERK BUDDY. These Terms apply to the Perk Buddy website at www.perkbuddy.ca and all other sites, mobile sites, services, applications, platforms and tools where these Terms & Conditions appear or are linked (collectively, the "Site"). As used in these Terms & Conditions, "Perk Buddy", "us" or "we" refers to Perk Buddy and its affiliates.
The Agreement outlines the terms and conditions governing your involvement as a Perk buddy vendor/partner in Perk Buddy's Vendor Loyalty Program. It also covers the process of establishing links from your website or other digital platforms, including social media pages (referred to as "your site"), to the designated content.
Please read these Terms of Use carefully before using the Service offered by Perk Buddy. BY USING THE SERVICE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
We retain the right to modify or revise these Terms of Service at any time, with or without prior notice. We recommend that you periodically review the latest version of these Terms of Service. By choosing to continue using the Service after any changes have been posted to these Terms of Service (or the Privacy Policy), you indicate your acceptance of those modifications. Additionally, you acknowledge that, while using the Service, you are subject to any posted guidelines or rules, including new guidelines or rules that may be periodically added. It is important to understand and agree that the Service is provided on an "AS-IS" basis, and we assume no responsibility of any kind. All such guidelines or rules are hereby integrated into these Terms of Service.
Any individual or entity engaging with the Site through the utilization of crawlers, robots, browsers, data mining or extraction tools, or any other functionality—regardless of whether this functionality is installed or deployed by the individual or entity themselves, or by a third party—is deemed to be actively using the Site.
“Perk Buddy”: A voluntary loyalty program.
“Perk Buddy Terms”: These refer to the terms and conditions that oversee the operations of the Perk Buddy loyalty program.
“Perk Buddy Earnings”: Reward points attainable by Perk Buddy members through the utilization of reward offers when making purchases.
“Content” means all content included on the site is owned and governed by Perk Buddy and its affiliates and is protected by copyright, trademark, patent or other proprietary rights. The “Content” includes; text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content"). Perk Buddy along with its suppliers and licensors, including Perk Buddy Partners, explicitly retains all intellectual property rights associated with the Content.
“Perk Buddy vendor/partner” means a business or an individual who directly engages in the Perk Buddy Loyalty Program.
“Net Price” means the sale price listed online on the partner store.
“Partner Store” means the affiliates products and services that they are selling through the Perk Buddy website/network.
“Perk Buddy Plan” refers to available subscription plans required to use the Perk Buddy plug-in.
“Shopify App Store” refers to the library of apps or plugins available to Shopify store owners. Apps/Plugins are used to enhance store performance and operation by enabling certain features/functionalities to improve overall customer journey. Perk Buddy is a loyalty/rewards points app that enables store owners to give points to their customers.
“Partner Wallet” holds your total available points which you purchase from the Perk Buddy program via Shopify.
To join the Perk Buddy network, simply install the Perkbuddy App (or plugin) from the Shopify App Store onto your Shopify website or store. Once installed, partners must complete the setup process within the app by providing necessary information such as name, contact details, and details about products and services offered.
Your application will undergo evaluation, and we'll promptly inform you of your acceptance or rejection for participation in the Program. We reserve the right to reject your application if, in our sole discretion, we determine that your site or offerings:
Once approved, partners will be notified of the approved status. Perk Buddy partners can then load their wallets with loyalty points.
Customers are eligible to earn and redeem Perk Buddy points when they make a purchase at any of the partner stores. All Perk Buddy points earned in connection to a purchase made on our partner stores will be awarded to the primary account holder. Perk Buddy points awarded to customers for utilizing partner store offers are deducted from the partner’s wallet balance. Perk Buddy points redeemed by customers at partner stores are added to the partner’s wallet balance. Partner stores have the authority to change eligible purchases, rewards, products, collections and transactions from time to time. Changes are not subject to any prior notice. Partners may be able to view rewards activity and history metrics. These metrics may vary based on a partner's subscription plan. Metrics and analytics data is subject to changes and limitations at Perk Buddy’s sole discretion without prior notice.
Wallet is the total available points balance which you purchase from the Perk Buddy program via Shopify. This is how customers earn points from shopping at your store. Points move from your Points Wallet to your customers based on order value and your rewards settings. Points balance must be maintained in a reasonable range to continue using the app and its basic features. Details below regarding points and other available app features.
Partners are responsible for choosing the subscription plan that best suits their needs. Standard plan cancellation notice periods and terms will be applicable as per platform requirements. Plan cancellations are also subject to the terms in this document. Plan cancellation terms are not limited to these terms only, Shopify subscription cancellation terms and any other partner cancellation terms and penalties will still be applicable. Certain features will not be available with free plans. Perk Buddy reserves the right to change plan features for all available subscription plans in its sole discretion from time to time. Perk Buddy does not warrant the operation and usage of the application will be uninterrupted or error-free. Perk Buddy will not be held liable for any damages due to malfunctioning components of its application, software, website or any element of the rewards program and features for any cause including but not limited to server downtimes, application crashes, platform limitations, feature updates, program bugs, data inaccuracies, information inaccuracies, voluntary changes, connectivity issues and maintenance errors.
Partners may change or modify any available reward offer using the customization options in our application. Earnings of Perk Buddy points are subject to store owners discretion. Perk Buddy reserves the right to modify, remove or override any offer in any way in its sole discretion to maintain customer expectations, program integrity and consistency across the program. Rewards may not apply to all products and services offered by the partner. Partners have the authority to exclude any products or collections that may not fall within the deals offered to the customers. Any change in partner rewards offers is not subject to any prior notice.
Partners must be aware that their account is subject to disablement or closure without notice in case of failure to comply with program terms.
Processing Responsibility - Partner stores are responsible for processing orders submitted by customers originating from their website or Affiliate Materials. Perk Buddy will not be held accountable for:
Partner liability can extend beyond the mentioned circumstances.
Order Requirements - Partners retain the right to reject customer orders or applications for any reason, including, but not limited to, those that fail to comply with reasonable requirements periodically established by the partner. Partners also reserve the right to define their offers and set points thresholds for earning and redemption within the scope of their business vision and growth mission.
Customer Tracking - Perk Buddy reserves the right to track customer information for the provision of rewards features and to build a strong shopper community. Perk Buddy members also have the right to earn and redeem points at any partner store without restriction. All partners are expected to comply with this rule by default.
Responsibilities - Partners bear full responsibility for the development, operation, and upkeep of their partner website, as well as all content featured on it and affiliate Materials. Your duties encompass the following, in addition to those stipulated elsewhere in this Agreement:
Unless otherwise stipulated in this Agreement or with our prior written consent, you agree that all information pertaining to this Agreement and/or your participation in the Program, including but not limited to the terms herein, our business and financial details, and our customer lists, shall remain strictly confidential. You shall not utilize, directly or indirectly, such information for any purpose other than as expressly permitted herein, and solely to the extent that such information is not generally known or available to the public through a source or sources other than you or your affiliates. However, you may disclose such information in the following circumstances:
In cases involving (a) and (c), you must provide prior written notice to Perk Buddy and allow Perk Buddy to intervene on our own behalf to the extent that Perk Buddy seeks to limit the disclosure.
Perk Buddy members have the opportunity to redeem offers for products or services at partner stores. While the partner's offers are accessible through Perk Buddy, it's essential to note that Perk Buddy is not responsible for the terms or fulfillment of the offer, nor is it accountable for the partner's products or services. Under no circumstances will Perk Buddy be held liable pursuant to or in connection with this Agreement, employing any legal or equitable theory, be it breach of contract, tort (including negligence), strict liability, or otherwise, for any:
Liability is not limited to the above mentioned circumstances.
In no case shall Perk Buddy, our directors, officers, employees, affiliates, partners, agents, contractors, suppliers, service providers, or licensors (collectively “Releasees”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. You are waiving the right to sue or claim compensation which you or your heirs, next of kin, executors, administrators, and assigns may have against the Releasees. You hereby agree to waive any and all claims that you have or may have in the future against Perk Buddy and to release the Releasees from any and all liability for any loss or expense you may suffer, due to any cause whatsoever, including negligence, breach of contract, breach of any statutory or other duty of care. You agree to indemnify and hold harmless Perk Buddy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from any and all liability, claim or demand, for any damage to property or personal injury to yourself or a third party, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
You hereby agree that Perk Buddy, including without limitation, its respective directors, employees, agents, members, partners and licensees shall not be held liable for any indirect, special, exemplary, consequential, or incidental damages, including but not limited to loss of revenue, profits, or data, arising from or related to this Agreement, the Program, or your association with Perk Buddy, even if we have been informed of the potential for such damages.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Upon entering this Agreement, you acknowledge that Perk Buddy does not assume, nor should it be exposed to, the business and operational risks associated with your enterprise or any aspects of your site(s) and Affiliate Materials' operation or content. Consequently, you hereby agree to indemnify, defend, and hold harmless Perk Buddy against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, regardless of whether such claims are groundless, fraudulent, or false. These claims may arise from:
Partners may become eligible to cash out up to 75% of their points balance after completing one year from the contract's signing date. However, partners must provide a 90-day notice via email before requesting a points cash out via the Perk Buddy application. Until the completion of the one-year contract, vendors are not permitted to request refunds or cash out their points balance.
Once the deactivation is confirmed by a partner via the Perk Buddy app, the rewards features will be disabled from the partner’s store. Perk Buddy reserves the right to verify and finalize payments following an internal review. It may take up to 30 days after account closure for Perk Buddy to process payouts to the vendor. During this final 30-day period, vendors may have the option to withdraw cancellation requests and receive their full points balance back instead of the discounted conversion to cash. After the 30-day period or payout, the account cannot be recovered. Vendors will need to reapply, authenticate, and reinstall the app as if they were new vendors.
Our Privacy Policy outlines the procedures for handling the information you furnish to us when utilizing our Services. By accessing, using, and providing information to or through the Services, customers acknowledge that they have reviewed and accepted our Privacy Policy. Additionally, customers consent to all actions taken by us concerning their information, adhering to the then-current version of our Privacy Policy.
*Terms and restrictions governing these rewards may vary for partners based on the specific offers they choose to establish for their products and services. The reward itself may also differ for certain products, depending on the partner.
We reserve the right to make real-time updates and modifications to these Terms without prior notice. Should any provision of these Terms be deemed invalid or unenforceable, the provision will be restricted or eliminated to the necessary minimum, while the remaining provisions will remain fully effective. Perk Buddy's failure to enforce any rights or provisions outlined in these Terms will not be construed as a waiver of such rights or provisions. Our failure to take action against any violation of this agreement, whether by you or others, does not constitute a waiver and does not limit our rights in the case of any subsequent breaches. We explicitly retain the right to assign this agreement and delegate any associated obligations. You consent to being identified as a partner on our website and marketing materials.
If you have any questions or feedback about these terms or our services, please get in touch with us at support@perkbuddy.ca
What is Perk Buddy