This Website www.perks99.com is operated by Perks99 (“Perks99”, “we”, “our” or “us”).
Perks99 offers this Website, including all information, tools, services and available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By using our Site to purchase something from us, you engage in our “Service.” You agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, subscribers, restaurants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you must not access the Website nor use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. You are expected to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on WordPress. They provide us with an online platform that allows us to provide services to you.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products and or content for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. You are instructed to read carefully and abide by the following Terms strictly:
Perks99 reserves the right to change the price at any time. Unless we expressly communicate otherwise, any price changes to your Membership Plan will take effect on your next Membership Cycle upon notice communicated through a posting on the Perks99 Site or such other means as we may deem appropriate from time to time, such as email.
Prices for our products, services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, fee, suspension or discontinuance of the Service.
All products or services shall be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display the colours and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
A. Membership Cycles:
C. Initial and Recurring Payment: After signing up to our Website, you acknowledge that your subscription to our plan has both initial and recurring payment features. Therefore, you give us permission to recurring charges before the cancellation of your subscription. By starting your Perks99 membership, you authorize us to charge your Payment Method (i) a one-time fee for your initial Membership Cycle, and, without further notice to you (ii) a recurring fee at the end of each successive Membership Cycle thereafter, at the then-current rate (which may change from time to time). You acknowledge that the amount billed each cycle may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges per Membership Cycle. You also allow us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee or taxes, as further explained below. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). Your renewal date may change due to changes in your membership. We reserve the right to correct any billing errors or mistakes made by Perks99 and to charge you for any previous Membership Cycles or other fees incurred by you for which you were not already billed.
D. Membership plan change: You may change your current membership plan to a new one. To do such, you must email us at firstname.lastname@example.org by giving the subject “Membership Plan Change,” or you can do that from your account by following the below steps:
“My Account”> “Change Plan for Next Cycle”> Select the plans are available.
Please be noted you must do this prior to 7 days to the start of your next cycle.
E. Change or Update Payment Method: You may change or update your payment method by i) emailing email@example.com with “Payment Method” in the subject line (a Perks99 representative will contact you back with further direction, please do not send credit card or bank account information to Perks99 through email); or ii) accessing “My Account” from the Perks99 Menu dropdown. To change your Payment Method in My Account, click on “Update Credit Card” under the “Billing Info” section of “Your Account Information.” If your Payment Method fails, Perks99 will lock you out of your account, and you must email firstname.lastname@example.org. A Perks99 representative will contact you to obtain and input your new Payment Method information. (Please do not send credit card or bank account information to Perks99 through email.) If payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not contact us with your Payment Method information or cancel your account, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, and/or to charge another credit or debit card that remain listed on your account, if any, for any uncollected amounts. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right but are not obligated to terminate your access to our Site or any portion thereof.
F. Taxes and fees. Taxes and fees are charged on all Perks99 plans in order to pay taxes to our restaurant partners and to cover other taxes and fees paid by Perks99. In most cases, the taxes and fees match the taxes one would pay at a restaurant in the cities in which Perks99 is offered. You may find a current listing of the number of such fees for your location in our FAQs: at https://perks99.com/help-faq/
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and rove of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
If at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively, ‘comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead third-parties as to the origin of any comments or us. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date lied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Unless otherwise stated, Perks99 and/or its licensors own the intellectual property rights for all material on Perks99. All intellectual property rights are reserved by Copyright © 2021 PERKS99 Inc. You may access this from Perks99 for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
The Perks99 name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Perks99 or Perks99 licensors. You must not use such marks without Perks99’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Perks99, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors 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 any products procured using 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 (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Perks99 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our Site (for more details, please see: Section: 24). If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Law of Ontario, Canada.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms and Conditions should be sent to us at email@example.com.
RETURNS & CANCELATIONS
Refunds: Generally, our fees (including the fee for your membership and any other fees) are non-refundable, except that we will provide a refund to members for their current prepaid period in the following circumstances: (i) if you are cancelling your subscription and request a refund within five days of your initial purchase or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death. In each case, we reserve the right to charge a fee to cover the cost of any meals or other services you may have used prior to your cancellation. The current rates will be charged $13 CAD per meal (plus tax and fees) for any meals reserved in Canada (such meal fee charges not to exceed the cost of the subscription itself). Any additional discounts or refunds that we may choose to provide are at our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
Cancel Your Membership: You may cancel your membership at any time you want. To cancel your subscription, you must let us know either by email or by your account before seven days of your activation of the next cycle. For this purpose, please email us at firstname.lastname@example.org by giving the subject “Hold Subscription.” You can also hold a subscription from your account as well. To hold subscription from your account, please follow the following steps
“My Account”> “Change Plan for Next Cycle”> “Hold or Cancel My Account”> “Cancel My Account”.
Following any cancellation, you will continue to have access to your subscription through the end of your current prepaid billing period.
Hold Subscription: You may put your subscription plan on hold at any time you want for up to 90 days. For holding a subscription for the next cycle, you must email us prior to 7 days of ending your current subscription cycle. For this purpose, please email us at email@example.com by giving the subject “Hold Subscription.” You can also hold a subscription from your account as well. To hold subscription from your account, please follow the following steps
“My Account”> “Change Plan for Next Cycle”> “Hold or Cancel My Account”> “Hold Account”.
After successfully holding a subscription, you shall not be charged for your membership unless you start your membership again.
Reaffirmation of Authorization: Your non-cancellation or continued enrolment in a Membership Plan reaffirms that we are authorized to charge your Payment Method for that Membership Plan. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected the Membership Plan.