PERKPAY TERMS OF SERVICE
Welcome to PerkPay! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Cardkuber Technologies Private Limited, operating under the brand name PerkPay ("Company," "we," "us," or "our"). Our registered office is located at 37, P.N.B. Colony, Idgah Hills, Bhopal, Pin-462001, India.
By accessing or using the PerkPay mobile application ("App") and the services provided through it (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the App or Services.
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. ABOUT PERKPAY AND SERVICES PROVIDED
3. ELIGIBILITY AND USER REGISTRATION
4. USER ROLES AND RESPONSIBILITIES
○ 4.1 Credit Card Holders (Users Placing Orders)
○ 4.2 Buyers (Users Requesting Orders)
5. ORDER PLACEMENT AND FULFILLMENT
6. PAYOUTS AND SETTLEMENTS
7. PROHIBITED ACTIVITIES
8. USER-GENERATED CONTENT AND FEEDBACK
9. INTELLECTUAL PROPERTY RIGHTS
10. KYC AND PAN DATA MANAGEMENT
11. PRIVACY POLICY
12. DISCLAIMERS
13. LIMITATION OF LIABILITY
14. INDEMNIFICATION
15. MODIFICATIONS TO TERMS
16. TERM AND TERMINATION
17. GOVERNING LAW AND JURISDICTION
18. DISPUTE RESOLUTION
19. GRIEVANCE REDRESSAL MECHANISM
20. ELECTRONIC COMMUNICATIONS
21. AFFILIATE POLICY
22. INFRINGEMENT POLICY
23. CANCELLATION & RETURN POLICY
24. LICENSE POLICY
25. MISCELLANEOUS
26. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Service, along with our Privacy Policy and any supplemental terms, guidelines, or rules posted on the App or website, form the entire agreement between you and PerkPay. We reserve the right to make changes or modifications to these Terms at any time and for any reason, in our sole discretion. We will notify you of any changes by updating the "Last updated" date of these Terms. Your continued use of the App after the posting of any revised Terms signifies your acceptance of those changes.
The Services are intended for users who are residents of India and are at least 18 years of age. By using the Services, you confirm that you meet these eligibility requirements.
2. ABOUT PERKPAY AND SERVICES PROVIDED
PerkPay is a mobile application that facilitates transactions between Credit Card Holders ("Users") and Buyers. Our platform enables Users to place orders for products or services requested by Buyers, leveraging their credit card benefits (such as discounts, rewards, or cashback). In return, PerkPay processes payouts to Users for successful transactions, and Buyers receive the ordered products or services.PerkPay acts only as an intermediary and does not assume liability for the actions of Users or Buyers.PerkPay is not a seller or a buyer in any transaction unless explicitly mentioned.
Our Services include, but are not limited to:
● Connecting Users with Buyers for order fulfillment.
● Facilitating the placement of orders on various e-commerce platforms.
● Processing and managing payouts to Users for successfully delivered orders.
● Providing a secure platform for communication and transaction tracking.
3. ELIGIBILITY AND USER REGISTRATION
3.1. Eligibility: By registering for and using the PerkPay App and Services, you represent and warrant that:
● You are 18 years of age or older.
● You are a resident of India.
● You are capable of entering into a legally binding agreement as per the Indian Contract Act, 1872.
● You are not barred or otherwise legally prohibited from accessing or using the Services under any applicable laws or regulations.
3.2. User Registration: To access certain features of the App, you may be required to register and create an account. You agree to:
● Provide accurate, current, and complete registration information.
● Maintain and promptly update your account information to keep it accurate, current, and complete.
● Keep your password confidential and be solely responsible for all activities that occur under your account.
● Notify PerkPay immediately of any unauthorized use of your account or any other breach of security.
PerkPay reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services if any information provided is found to be untrue, inaccurate, not current, or incomplete, or if we suspect any unauthorized or fraudulent activity.
4. USER ROLES AND RESPONSIBILITIES
PerkPay facilitates interactions between two primary user roles: Credit Card Holders (who place orders) and Buyers (who request orders).
4.1. Credit Card Holders (Users Placing Orders)
As a Credit Card Holder using PerkPay, you agree to:
● Accurate Information: Provide accurate and complete personal and payment information as required for placing orders.
● Order Placement: Place orders on e-commerce platforms strictly according to the details provided by PerkPay for the Buyer’s request, including specific products, quantities, and delivery addresses.
● Credit Card Usage: Use your own valid credit card for transactions. You are solely responsible for understanding and complying with the terms and conditions of your credit card issuer and the e-commerce platform. PerkPay is not responsible for any issues arising from your credit card usage, including but not limited to card blocks, transaction failures, or any disputes with your bank.
● Delivery Monitoring: Monitor the delivery status of the ordered product and promptly update PerkPay upon successful delivery.
● Communication: Maintain clear and timely communication with PerkPay regarding order status, delivery issues, or any discrepancies.
● Compliance: Comply with all applicable laws, rules, and regulations, including those related to online purchases and financial transactions.
4.2. Buyers (Users Requesting Orders)
As a Buyer using PerkPay, you agree to:
● Accurate Requests: Provide clear, accurate, and complete details for the products or services you wish to have ordered through the PerkPay platform.
● Order Acceptance: Promptly confirm the receipt of the ordered product upon delivery.
● Payment Obligations: Fulfill any payment obligations to PerkPay as per the agreed terms for the requested orders.
● Communication: Maintain clear and timely communication with PerkPay regarding your order requests and any issues.
● Compliance: Comply with all applicable laws, rules, and regulations related to your business operations and transactions.
5. ORDER PLACEMENT AND FULFILLMENT
5.1. Order Details: To ensure proper processing and successful payouts, Users must strictly adhere to the address details, phone number, and product specifications provided by PerkPay at the time of ordering.
The user's order must be placed within 24 hours of acceptance; any further delay in placing the order will render it ineligible for the pricing mentioned. PerkPay reserves the right to adjust the payment based on market value if the product is delivered without prior notice of delay sent to PerkPay's registered email: info@perkpay.in.
5.2. Delivery Confirmation: Payouts to Users are contingent upon the successful delivery of the ordered product, as confirmed by the e-commerce platform and verified by PerkPay.
PerkPay will not be responsible for delivery issues if the user selects the wrong variant or shares the OTP with the delivery agent over the phone.
5.3. Failed Deliveries: In the event an order fails to deliver for any reason (e.g., incorrect address, recipient unavailability), it will be marked as "Failed" on our platform, and no payout will be released for that order. Users are responsible for following up with the respective e-commerce platform regarding any issues related to failed deliveries.
5.4. User Responsibility for Address: It is the User's responsibility to ensure that the item is ordered to the exact delivery address provided by PerkPay. PerkPay will not be held responsible for any orders that are lost in transit or delivered to incorrect addresses due to User error.
5.5. Product Issues: PerkPay's responsibility is limited to facilitating the transaction and payout. We are not liable for the quality, warranty, or any issues related to the product itself, which remain the responsibility of the e-commerce platform and/or the product manufacturer.
6. PAYOUTS AND SETTLEMENTS
6.1. Payout Processing: Payouts to Users for successful orders (i.e., orders marked as "Delivered" on our platform) will be processed within 7 days of the delivery of the ordered product.
6.2. Payout Method: Payouts will be made to the bank account linked by the User on the PerkPay App, after necessary verification.
6.3. No Payout for Failed Orders: No payouts will be issued for orders marked as "Failed" or for any other issues related to order delivery that are beyond PerkPay's control.
6.4. Refunds (if applicable): In rare cases where a refund is deemed necessary by PerkPay, it will be processed to the original payment method used by the User, or as otherwise determined by PerkPay in its sole discretion.
7. PROHIBITED ACTIVITIES
You agree not to engage in any of the following prohibited activities:
● Using the App for any unlawful purpose or in violation of any applicable Indian laws or regulations, including but not limited to the Information Technology Act, 2000, and rules framed thereunder, and Reserve Bank of India (RBI) guidelines.
● Engaging in any fraudulent, deceptive, or misleading activity, including providing false information, creating multiple accounts, or exploiting the Services for unintended benefits.
● Attempting to gain unauthorized access to PerkPay's systems, other users' accounts, or any data.
● Interfering with or disrupting the integrity or performance of the App or Services.
● Uploading or transmitting viruses, malware, or any other harmful code.
● Collecting or harvesting any personally identifiable information from the App without explicit consent.
● Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
● Using the Services for any commercial purpose not expressly approved by PerkPay.
● Circumventing, disabling, or otherwise interfering with security-related features of the App.
● Any activity that disparages, tarnishes, or otherwise harms PerkPay or its reputation.
PerkPay reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, reporting such user to law enforcement authorities and terminating their account.
8. USER-GENERATED CONTENT AND FEEDBACK
If the App allows you to post, upload, publish, submit, or transmit content, you are solely responsible for your content. You grant PerkPay a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, distribute, and display your content in connection with the Services.
Any feedback, suggestions, ideas, or other submissions you provide to PerkPay ("Submissions") will be non-confidential and become the sole property of PerkPay. We will be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, without acknowledgement or compensation to you.
9. INTELLECTUAL PROPERTY RIGHTS
The App, its content (including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software), and the PerkPay brand name and logo are the proprietary property of Cardkuber Technologies Private Limited and are protected by Indian and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the App for your personal, non-commercial use in accordance with these Terms. No part of the App or its content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
10. KYC AND PAN DATA MANAGEMENT
PerkPay is committed to maintaining the highest standards of security and compliance for sensitive user data.
● Data Collection: As part of our commitment to regulatory compliance (including RBI guidelines for fintech operations and anti-money laundering (AML) regulations) and fraud prevention, PerkPay collects Know Your Customer (KYC) and Permanent Account Number (PAN) data from both Users (Credit Card Holders) and Buyers.
● Storage and Security: All collected KYC and PAN data is stored in an encrypted and secure database. We implement robust technical and organisational measures to protect your data from unauthorised access, disclosure, alteration, or destruction.
● Purpose of Collection: This data is collected for identity verification, fraud prevention, compliance with legal and regulatory obligations, and for facilitating secure transactions on the platform.
● Data Sharing: Your KYC and PAN data will not be shared with unauthorized third parties. It may be shared with regulatory authorities or law enforcement agencies if required by law or to comply with legal processes.
● User Responsibility: You are responsible for ensuring that the KYC and PAN data you provide is accurate, complete, and up-to-date.
11. PRIVACY POLICY
Your privacy is paramount to us. Our collection, use, disclosure, and protection of your personal data, including KYC and PAN information, are governed by our comprehensive Privacy Policy. By using the App, you agree to be bound by our Privacy Policy, which is incorporated by reference into these Terms. We encourage you to review our Privacy Policy periodically to stay informed about our data practices.
12. DISCLAIMERS
The PerkPay App and its Services, including all content, software, functions, materials, and information made available or accessible through the Services, are provided on an "as is" and "as available" basis. Cardkuber Technologies Private Limited, its respective agents, co-branders, or partners make no representation or warranty of any kind, whether express or implied, regarding the content, software, functions, materials, and information available or accessible through the Services.
PerkPay does not warrant that the functions contained in content, information, and materials on the App, including, without limitation, any third-party sites or services linked to the App, will be uninterrupted, timely, or error-free, that defects will be rectified, or that the App or the servers that make such content, information, and materials available are free of viruses or other harmful components.
Furthermore, you understand that a transaction facilitated by PerkPay is solely between the User (Credit Card Holder) who places an order and the Buyer who receives the discounted product. PerkPay does not provide any guarantees or warranties with respect to any User or Buyer, or any service, goods, or delivery level commitment provided by such User or Buyer. PerkPay cannot assure that other users are or will be complying with the foregoing rules or any other provisions mentioned herein. You assume all risk of harm or injury resulting from any such lack of compliance by any other user or any person. You should ensure that you have undertaken adequate due diligence prior to placing or requesting orders using the App Services.
13. LIMITATION OF LIABILITY
In no event shall Cardkuber Technologies Private Limited, its officers, owners, directors, employees, agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/or other intangible loss, whether or not foreseeable and regardless of whether PerkPay has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the App or App Services.
Notwithstanding anything to the contrary contained herein, PerkPay’s total cumulative liability to you in connection with the App Services for all damages, losses, and causes of action, arising from or relating to these terms and conditions, shall at all times be limited to the lesser of the amount paid, if any, by you to us during the one (1) month period prior to any cause of action arising or INR 5,000 (Rupees Five Thousand Only).
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Cardkuber Technologies Private Limited, its subsidiaries, affiliates, and all of its respective officers, directors, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
● Your use of the App or Services.
● Your breach of these Terms of Service.
● Your violation of any applicable law or the rights of a third party, including intellectual property rights.
● Any fraudulent or prohibited activity engaged in by you.
15. MODIFICATIONS TO TERMS
PerkPay reserves the right to modify these Terms at any time. We will notify you of any changes by updating the "Last updated" date at the top of these Terms. We may also provide additional notice, such as through the App or via email. Your continued use of the App or Services after any changes to the Terms constitutes your acceptance of the updated Terms. We encourage you to review the Terms periodically to stay informed about any updates.
16. TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the App or Services. PerkPay reserves the right, in its sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason, including but not limited to breach of any representation, warranty, or covenant contained in these Terms, or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
17. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. You irrevocably consent that the courts located in Bhopal, Madhya Pradesh, India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.
18. DISPUTE RESOLUTION
18.1. Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each, a "Dispute" and collectively, the "Disputes") brought by either you or us, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any formal legal action. Such informal negotiations commence upon written notice from one Party to the other Party.
18.2. Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
● The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. If the Parties are unable to agree on an arbitrator within fifteen (15) days of the commencement of the arbitration request, the arbitrator shall be appointed in accordance with the provisions of the Act.
● The seat and venue of the arbitration shall be Bhopal, Madhya Pradesh, India.
● The language of the arbitration proceedings shall be English.
● The arbitral award shall be final and binding on both Parties.
18.3. Exceptions: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
19. GRIEVANCE REDRESSAL MECHANISM
For any concerns, complaints, or grievances regarding the Services, these Terms, or any issues related to your account or transactions, please contact our Grievance Officer:
Grievance Officer Name: [To be filled by Cardkuber Technologies Private Limited]
Email: info@perkpay.in
We aim to resolve all disputes amicably and in a timely manner. We will acknowledge your complaint within 24 hours and endeavor to resolve it within 15 working days from the date of receipt.
20. ELECTRONIC COMMUNICATIONS
By using the App, sending us emails, and completing online forms, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the App.
21. PERKPAY AFFILIATE POLICY
21.1. Introduction:
By participating in the PerkPay Affiliate Program, you ("Affiliate," "you," or "your") agree to comply with these Policies. Please read them carefully. These Policies are designed to ensure a fair, transparent, and mutually beneficial partnership while maintaining the integrity of the PerkPay brand and services.
21.2. Enrollment in the Affiliate Program:
● Application Process: To become an Affiliate, you must submit a complete application through the designated process provided by PerkPay.
● Approval Discretion: We reserve the sole right to review, accept, or reject any application for the Affiliate Program at our absolute discretion. Our decision regarding your application is final and binding.
● Eligibility: By applying, you represent that you meet all eligibility criteria as may be communicated by PerkPay from time to time.
21.3. Affiliate Responsibilities:
As an Affiliate, you agree to:
● Ethical Promotion: Promote PerkPay in a positive, professional, and ethical manner, ensuring that all promotional activities reflect positively on the PerkPay brand.
● Approved Materials: Use only the promotional materials (e.g., banners, text links, creatives) provided or explicitly approved by PerkPay. Any use of unapproved materials is strictly prohibited.
● Legal Compliance: Ensure that all your marketing and promotional activities comply with all applicable Indian laws and regulations, including but not limited to consumer protection laws, advertising standards, and digital marketing guidelines.
● No Misleading Practices: Refrain from engaging in any misleading, deceptive, or fraudulent practices, claims, or representations about PerkPay or its Services.
● No Spam: Strictly prohibit the use of unsolicited emails, SMS, or any other form of spam to promote PerkPay.
● Data Protection: Adhere to all relevant data protection laws and regulations, including the Indian IT Act, 2000, SPDI Rules, and principles of the DPDP Act, when handling any user data in connection with your promotional activities. You must not collect, store, or process any personal data of potential users without their explicit consent and in compliance with applicable laws.
● Accuracy of Information: Ensure that all information you provide about PerkPay, its services, and the commission structure is accurate and up-to-date.
21.4. Affiliate Links and Tracking:
● Unique Affiliate Links: PerkPay will provide you with unique affiliate links or codes to track referrals generated through your promotional efforts.
● Proper Integration: You are solely responsible for ensuring that your affiliate links or codes are properly integrated into your promotional materials and platforms.
● Tracking Accuracy: We are not responsible for any tracking errors, missed commissions, or issues resulting from the incorrect use, modification, or improper integration of affiliate links or codes by the Affiliate.
21.5. Commissions and Payments:
● Commission Basis: Affiliates will earn commissions based on successful transactions where a referred user (Credit Card Holder or Buyer) completes a qualifying activity, specifically the successful delivery of an ordered product and its marking as "Delivered" on the PerkPay platform.
● Commission Structure: The specific commission structure, rates, and qualifying activities will be clearly communicated to you upon your acceptance into the Affiliate Program. PerkPay reserves the right to modify the commission structure and rates at any time, with prior notice to Affiliates.
● Payout Frequency: Commissions will be paid out on a monthly basis.
● Minimum Payout Threshold: Payouts are contingent upon the Affiliate meeting a predefined minimum payout threshold, which will be communicated to you. If the threshold is not met in a given month, the earned commissions will roll over to the subsequent month until the threshold is reached.
● Forfeiture: Any pending commissions will be forfeited if your participation in the Affiliate Program is terminated due to a breach of these Policies, as detailed in Section 7.
21.6. Prohibited Activities:
As an Affiliate, you are strictly prohibited from engaging in the following activities:
● Trademark Bidding (PPC): Bidding on PerkPay's trademarks, brand names, or any variations or misspellings thereof in pay-per-click (PPC) advertising campaigns (e.g., Google Ads, Bing Ads).
● Unauthorized Trademark Use: Using PerkPay's trademarks, logos, or brand names in domain names, social media profiles, app names, or any other digital properties without explicit prior written consent from PerkPay.
● Reputational Harm: Engaging in any activities that could harm PerkPay's reputation, brand image, goodwill, or business operations. This includes, but is not limited to, posting negative or false reviews, engaging in defamation, or spreading misinformation.
● Fraudulent Methods: Using any fraudulent, deceptive, or unethical methods to generate referrals, clicks, leads, or commissions. This includes, but is not limited to, creating fake accounts, using bots, incentivizing unqualified sign-ups, or any other form of artificial traffic generation.
● Self-Referral: Generating commissions through self-referrals or transactions made by the Affiliate's own accounts.
● Misrepresentation: Misrepresenting your relationship with PerkPay or implying that you are an employee or direct representative of PerkPay.
PerkPay reserves the right to investigate and take appropriate action, including legal action and immediate termination of your Affiliate account, for any violation of these prohibited activities.
21.7. Termination:
● Right to Terminate: PerkPay reserves the right to terminate your participation in the Affiliate Program at any time, with or without cause, by providing written notice.
● Termination for Cause: PerkPay may immediately terminate your participation if you breach any of these Policies, engage in any fraudulent or prohibited activities, or if your actions are deemed detrimental to PerkPay's business or reputation.
● Consequences of Termination: * Upon termination, you must immediately cease all promotional activities related to PerkPay and remove all promotional materials and affiliate links provided by PerkPay from your platforms. * If your participation is terminated due to a breach of these Policies, any pending or unpaid commissions will be forfeited. * If termination is without cause, any earned and legitimate commissions up to the date of termination will be paid out according to the standard payout schedule, provided the minimum threshold is met.
21.8. Governing Law and Jurisdiction:
These Policies shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising out of or relating to these Policies shall be subject to the exclusive jurisdiction of the competent courts located in Bhopal, Madhya Pradesh, India.
22. PERKPAY INFRINGEMENT POLICY
22.1. Introduction
By using the PerkPay App, you agree to comply with this Policy. We are committed to protecting intellectual property rights in accordance with applicable Indian laws, including the Copyright Act, 1957, the Trademarks Act, 1999, and the Information Technology Act, 2000.
22.2. Reporting Infringement (Notice and Takedown Procedure)
If you believe that content available on our App infringes upon your intellectual property rights (copyright or trademark), please provide us with a written notice ("Infringement Notice") containing the following information:
● Identification of the Intellectual Property:
○ A clear description of the copyrighted work or trademark that you claim has been infringed.
○ If a copyright, include the registration number, if applicable.
○ If a trademark, include the registration number, if applicable.
● Location of Allegedly Infringing Material:
○ The specific URL(s) or precise location(s) of the allegedly infringing material on our PerkPay App.
○ Sufficient detail to allow us to locate the material (e.g., screenshot, user ID, date of posting).
● Your Contact Information:
○ Your full legal name.
○ Your postal address.
○ Your telephone number.
○ Your email address.
● Statement of Good Faith Belief:
○ A statement that you have a good faith belief that the disputed use of the copyrighted work or trademark is not authorized by the intellectual property owner, its agent, or the law.
● Statement Under Penalty of Perjury:
○ A statement, made under penalty of perjury, that the information in your Infringement Notice is accurate and that you are the intellectual property owner or authorized to act on behalf of the owner.
● Electronic or Physical Signature:
○ Your electronic or physical signature.
Please send your complete Infringement Notice to our designated agent at the following address or email:
Designated Agent for Infringement Notices: Cardkuber Technologies Private Limited Attn: Legal Department 37, P.N.B. Colony, Idgah Hills, Bhopal, Pin-462001, Madhya Pradesh, India
Email: info@perkpay.in
22.3. Response to Claims
Upon receiving a valid Infringement Notice that complies with the requirements outlined in Section 2, we will take appropriate action, which may include:
● Promptly removing or disabling access to the allegedly infringing material from our App.
● Notifying the user who posted the content that their material has been removed or disabled.
● Providing the user with an opportunity to submit a counter-notification if they believe the removal was due to a mistake or misidentification.
22.4. Counter-Notification Procedure
If you, as a user, believe that your content was removed or disabled due to a mistake or misidentification of the material, you may submit a counter-notification ("Counter-Notification") to our designated agent. Your Counter-Notification must include the following:
● Description of Removed Material:
○ A clear description of the material that was removed or disabled.
○ The location on the App where the material appeared before it was removed or disabled.
● Statement Under Penalty of Perjury:
○ A statement, made under penalty of perjury, affirming your good faith belief that the removal or disabling of the material was due to a mistake or misidentification.
● Your Contact Information:
○ Your full legal name.
○ Your postal address.
○ Your telephone number.
○ Your email address.
● Consent to Jurisdiction:
○ A statement that you consent to the jurisdiction of the courts located in Bhopal, Madhya Pradesh, India, and that you will accept service of process from the person who provided the original Infringement Notice or an agent of such person.
● Electronic or Physical Signature:
○ Your electronic or physical signature.
Please send your Counter-Notification to the same contact details provided in Section 2 for Infringement Notices.
Upon receipt of a valid Counter-Notification:
● We will promptly forward a copy of the Counter-Notification to the party who submitted the original Infringement Notice.
● If the original party does not file a lawsuit seeking a court order to restrain the user from engaging in infringing activity within ten (10) business days of receiving the Counter-Notification, we may, at our sole discretion, restore the removed material.
22.5. Repeat Infringers
PerkPay reserves the right to terminate the accounts of users who are found to be repeat infringers of intellectual property rights. A "repeat infringer" is defined as a user who has been the subject of multiple valid Infringement Notices. We may, at our discretion, implement measures to identify and address repeat infringers.
22.6. Limitation of Liability
PerkPay is not liable for any damages, losses, or expenses resulting from the removal or disabling of access to any content in response to an Infringement Notice or Counter-Notification. While we will take reasonable steps to investigate and address claims of infringement, we cannot guarantee the accuracy or validity of any claims submitted by third parties. Our actions are based on the information provided in the notices and our good faith assessment.
22.7. Changes to This Policy
We may update our Infringement Policy from time to time to reflect changes in legal requirements or our operational practices.
● We will notify you of any changes by posting the new policy on this page within the App and on our website.
● The "Last Updated" date at the top of this Policy will be revised.
You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page.
23. PERKPAY CANCELLATION & RETURN POLICY
23.1. Cancellation of Orders
A. Cancellation Eligibility
● The eligibility for canceling an Order depends entirely on the specific cancellation policies and procedures of the E-commerce Platform where the Order was placed. We strongly recommend that the User (Credit Card Holder) and Buyer review the cancellation policy of the respective E-commerce Platform before placing or requesting an Order.
B. How to Cancel an Order
● Initiation with E-commerce Platform: If a User (Credit Card Holder) or Buyer wishes to cancel an Order, they must first initiate the cancellation directly with the E-commerce Platform where the purchase was made, following that platform's specific cancellation process.
● Notification to PerkPay: After initiating a cancellation with the E-commerce Platform, the User (Credit Card Holder) or Buyer (depending on who initiated the cancellation) must also place a corresponding cancellation request on the PerkPay App. Failure to notify PerkPay of a cancellation may affect the processing of payouts or refunds by PerkPay.
C. PerkPay's Role in Cancellations
● As a facilitator, PerkPay does not have direct control over the cancellation process on E-commerce Platforms.
● If an Order is successfully canceled by the E-commerce Platform and subsequently marked as "Cancelled" on our App:
○ No Payout/Commission will be released to the User (Credit Card Holder) for that Order.
○ If the Buyer has made an advance payment to PerkPay for the Order, the refund process will follow Section 6 of this Policy.
● PerkPay is not liable for any issues or losses arising from the E-commerce Platform's cancellation policies or their handling of cancellation requests.
23.2. Return of Products
A. Return Eligibility
● The eligibility for returning a product is strictly subject to the return policy of the specific E-commerce Platform from which the Order was placed. PerkPay does not directly handle product returns. Users (Credit Card Holders) and Buyers should carefully review the return policy of the E-commerce Platform before placing or requesting an Order.
B. How to Return a Product
● Initiation with E-commerce Platform: If a User (Credit Card Holder) or Buyer needs to initiate a return, they must follow the E-commerce Platform's instructions and contact their customer support or return department directly.
● Notification to PerkPay: After initiating a return with the E-commerce Platform, the User (Credit Card Holder) or Buyer (depending on who initiated the return) must also place a corresponding return request on the PerkPay App. Failure to notify PerkPay of a return may affect the processing of payouts or refunds by PerkPay.
C. PerkPay's Role in Returns
● As a facilitator, PerkPay does not have direct control over the product return process or the physical handling of returned items.
● If a product return is successfully processed by the E-commerce Platform and subsequently marked as "Returned" on our App:
○ No Payout/Commission will be released to the User (Credit Card Holder) for that Order.
○ If the Buyer has made an advance payment to PerkPay for the Order, the refund process will follow Section 6 of this Policy.
● PerkPay is not liable for any issues or losses arising from the E-commerce Platform's return policies or their handling of return requests.
23.3. Refunds
Refunds on PerkPay involve two primary scenarios: refunds from E-commerce Platforms to Users (Credit Card Holders) and refunds from PerkPay to Buyers.
A. Refund to User (Credit Card Holder) from E-commerce Platform
● Eligibility: If an Order is successfully canceled or a product is successfully returned through the E-commerce Platform, the refund amount from the E-commerce Platform will typically be issued to the original payment method used for the transaction, which is the User's (Credit Card Holder's) credit card.
● PerkPay's Role: PerkPay does not process these refunds directly. The processing and settlement times for such refunds are dependent on the E-commerce Platform and the User's (Credit Card Holder's) bank/payment provider. PerkPay is not responsible for delays or issues in this process.
B. Refund to Buyer from PerkPay
● Eligibility: A Buyer may be eligible for a refund of any advance payment made to PerkPay for an Order under the following conditions:
○ The Order was successfully canceled or the product was successfully returned by the E-commerce Platform.
○ The User (Credit Card Holder) has received the refund from the E-commerce Platform.
○ The Buyer has placed a corresponding cancellation or return request on the PerkPay App within the E-commerce Platform's stipulated cancellation/return window.
● Refund Process:
○ Once PerkPay verifies that the Order has been canceled/returned by the E-commerce Platform and the refund has been settled to the User (Credit Card Holder), PerkPay will process the refund of the Buyer's advance payment.
○ Refunds to Buyers will be credited to their registered bank account on the PerkPay App.
○ Processing and settlement times for refunds from PerkPay to Buyers may vary.
● No Refund for Specific Cases:
○ PerkPay will not be liable for a refund to the Buyer if:
■ The Order was marked as "Failed" or "Cancelled" by the E-commerce Platform and no initial payout was made by PerkPay (as no amount was released).
■ Incorrect address details were provided by the User (Credit Card Holder) leading to non-delivery or loss.
■ The Buyer fails to place a corresponding cancellation or return request on the PerkPay App.
■ The Buyer fails to provide necessary proof or information when requested by PerkPay within the stipulated time.
■ The cancellation or return request is initiated outside the E-commerce Platform's stipulated window.
You are solely responsible for the accuracy of all information provided within your PerkPay Account, including payment and bank account details. PerkPay shall not be responsible for any payment made to an incorrect bank account or payment method due to inaccurate information provided by you.
In the event that an order placed through the PerkPay App has not been delivered to the recipient within seven (7) days of the expected delivery date, you may inform us by sending an email to info@perkpay.in. Upon notification, our team will review the matter. It is mandatory that, after informing us, you diligently follow the instructions provided by our team to raise a return or cancellation request with the respective e-commerce platform and actively assist in the return or cancellation process.
Payouts will be released only once the return or cancellation status is officially updated and confirmed by the respective e-commerce platform. We will investigate such incidents, and if it is verified that the order was indeed placed by you using your card and the recipient’s correct delivery address, and a refund is processed by the e-commerce platform to your card, PerkPay will process the corresponding refund to your registered bank account within twenty-one (21) working days from the date we receive your initial email notification and all necessary verifications are complete. All eligible refunds processed by PerkPay will be credited to your linked bank account. PerkPay retains the sole discretion to determine the final mode of refund from the available options.
23.4. Limitation of Liability
● PerkPay's responsibility is limited to facilitating the connection between Users and Buyers, managing the Order status on its platform, and processing payouts/refunds as explicitly outlined in this Policy for Orders that are marked as "Delivered," "Canceled," or "Returned" on our platform.
● PerkPay is not liable for:
○ Any issues related to product quality, warranty, or manufacturing defects.
○ Any orders that are lost in transit or delivered to incorrect addresses due to inaccurate details provided by the User (Credit Card Holder).
○ Any issues arising from the policies, procedures, or actions of the E-commerce Platform (e.g., delays, failed deliveries, incorrect product shipments, or disputes related to the E-commerce Platform's cancellation/return/refund process).
○ Any issues arising from the User's (Credit Card Holder's) credit card usage, including card blocks, transaction failures, or disputes with their bank.
○ Any losses incurred for Orders marked as "Failed" or "Cancelled" by the E-commerce Platform for reasons beyond PerkPay's direct control.
● Our maximum liability to any User or Buyer for any Order under this Policy is capped at an amount equal to the platform fee (if any) charged by PerkPay for that specific Order.
23.5. Disputes and Resolutions
● Disputes with E-commerce Platforms: Any disputes regarding product quality, delivery issues, or the E-commerce Platform's cancellation/return/refund process should primarily be resolved directly with the respective E-commerce Platform's customer support.
● Disputes between User (Credit Card Holder) and Buyer: In cases where there is a mismatch of information or a dispute arises directly between a User (Credit Card Holder) and a Buyer regarding an Order facilitated by PerkPay, our support team will endeavor to assist in mediating the communication on a case-by-case basis. PerkPay's decision in such internal disputes will be final and binding.
● Proof Requirement: PerkPay reserves the right to request supporting proof (e.g., E-commerce Platform communication, refund receipts) from any party involved in a dispute to facilitate resolution. Failure to provide requested proof within a stipulated time may result in a decision unfavorable to the party failing to provide proof.
24. PERKPAY LICENSE POLICY
24.1. Introduction
By downloading, installing, accessing, or using the PerkPay App, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you must not download, install, access, or use the App.
24.2. Grant of License
Subject to your continuous compliance with the terms and conditions of this Agreement, PerkPay hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:
● Download, install, and use the PerkPay App on a single mobile device that you own or control.
● Access and use the features and functionalities of the App solely for your personal, non-commercial use, in accordance with the PerkPay Terms of Service.
This license is granted for the purpose of enabling you to use and enjoy the benefits of the PerkPay Services as provided by Cardkuber Technologies Private Limited.
24.3. Restrictions on Use
As a User, you expressly agree not to, and shall not permit any third party to:
● Modify or Adapt: Modify, adapt, translate, or create derivative works of the App or any part thereof.
● Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the App.
● Distribute or Transfer: Rent, lease, lend, sell, redistribute, sublicense, assign, or otherwise transfer your rights to use the App.
● Unlawful Use: Use the App for any unlawful, illegal, fraudulent, or unauthorized purpose, or in any manner that violates any applicable Indian laws or regulations.
● Circumvention: Circumvent, disable, or otherwise interfere with any security-related features of the App or features that prevent or restrict use or copying of any content or enforce limitations on use of the App.
● Proprietary Notices: Remove, alter, or obscure any copyright, trademark, or other proprietary notices or labels on the App or its content.
● Commercial Exploitation: Use the App for any commercial purpose not expressly permitted by PerkPay in writing.
● Automated Access: Access the App through automated or non-human means, whether through a bot, script, or otherwise, unless expressly authorized by PerkPay.
Any unauthorized use of the App or violation of these restrictions will result in the immediate termination of the license granted herein and may subject you to legal penalties.
24.4. Ownership and Intellectual Property
● Exclusive Property: The PerkPay App, including all its content, features, functionalities, software, graphics, user interfaces, trademarks, logos, and all underlying intellectual property rights (including copyrights, patents, trade secrets, and trademarks), are and will remain the exclusive property of Cardkuber Technologies Private Limited and its licensors.
● No Transfer of Rights: This Agreement does not transfer to you any ownership rights in or to the App or any intellectual property rights of PerkPay. You are only granted a limited license to use the App in accordance with this Agreement.
● Trademarks: This Agreement does not grant you any rights to use PerkPay's trademarks, service marks, logos, or other proprietary branding without our prior written consent.
24.5. Updates and Changes to the App
● App Updates: PerkPay may, from time to time, release updates, upgrades, bug fixes, patches, enhanced functions, or new versions of the App ("Updates").
● No Obligation to Update: You acknowledge and agree that PerkPay has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the App.
● Applicability of Agreement: If Updates are provided and you choose to install them, they will be deemed part of the App and will be subject to the terms of this Agreement. Your continued use of the App after an Update signifies your acceptance of the updated terms.
24.6. Termination
● Effective Date: This Agreement is effective upon your first download, installation, or use of the App and remains in effect until terminated by you or PerkPay.
● Termination by User: You may terminate this Agreement by deleting the App from your mobile device and ceasing all use of the App.
● Termination by PerkPay: Your rights under this Agreement will terminate automatically and without notice from PerkPay if you fail to comply with any term or condition of this Agreement or the PerkPay Terms of Service. PerkPay also reserves the right to terminate this Agreement at any time, with or without cause, at its sole discretion.
● Consequences of Termination: Upon any termination of this Agreement, you must immediately cease all use of the App and delete all copies of the App from your mobile device. All provisions of this Agreement which by their nature should survive termination (including, without limitation, ownership, intellectual property, disclaimers of warranty, and limitation of liability) shall remain in full force and effect.
24.7. Disclaimer of Warranties
THE PERKPAY APP IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARDKUBER TECHNOLOGIES PRIVATE LIMITED, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF BUYER ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, CARDKUBER TECHNOLOGIES PRIVATE LIMITED PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
24.8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARDKUBER TECHNOLOGIES PRIVATE LIMITED OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN CONNECTION WITH:
● (I) YOUR USE OR INABILITY TO USE THE APP;
● (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
● (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP;
● (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY;
● (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CARDKUBER TECHNOLOGIES PRIVATE LIMITED'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR INR 5,000 (RUPEES FIVE THOUSAND ONLY).
25. MISCELLANEOUS
These Terms, together with the Privacy Policy and any other legal notices published by PerkPay on the App, constitute the entire agreement between you and PerkPay concerning the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or your use of the Services.
26. CONTACT US
If you have any questions or concerns about these Terms, please contact us at:
Cardkuber Technologies Private Limited
37, P.N.B. Colony, Idgah Hills,
Bhopal, Pin-462001,
Madhya Pradesh, India
Official Email: info@perkpay.in
By using the PerkPay App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing PerkPay!
