Terms and Conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

By using our site and service you signify your assent to these Terms. If you do not agree with any party of these Terms, you may not use the site or service.

PUNCHKEEPER IS A VENUE

We're not a retailer, reseller, or any kind of merchant. We don’t carry any stock and we don’t buy products from you. We just send interested customers your way. We’re not directly involved in the sale, and we don’t take any responsibility for customers we send to you. They might be who they say they are. You rely on your business’ credit card merchant to authenticate and safeguard the customer’s financial information. We rely on you to tell us the correct customer loyalty program, give us the correct graphics you want to use, and we will track the number of purchases made under the program.

RETAILER OBLIGATIONS

As Punchkeeper’s client, you promise to cooperate with us and will be solely responsible for:

Compliance: You agree to comply with all local laws regarding sales and acceptable content in your state. You are responsible for all applicable taxes.

Intellectual Property: You also promise that you have the right to sell these items, that there are no trademark, patent. Trade secret, or copyright infringements in your products or in the pictures and descriptions of them that you give to us.

Discontinuing your Program: We hope you love working with us, and get a lot of business from the customers we send your way, but, you may cancel using our App at any time.

Customer Loyalty Program Policies: You are urged to outline your customer loyalty program policies on your eCommerce site and in all of your brick and mortar stores. You agree to create reasonable policies in good faith and that you will abide by such policies in order to treat our mutual customers fairly. You are responsible for enforcing your own customer loyalty policies. We reserve the right to request that you modify you customer loyalty policy if it seems unfair to us. We might stop offering you customer loyalty program in our app if there are too many customer complaints we deem to be legitimate.

License: We do not claim ownership rights in your business name, logos, trademarks, information or other intellectual property you may own (“Content”). You grant us a license solely to enable us to use Content you supply to help you develop your customer loyalty program and to promote our services. You agree that we are not violating any rights you might have in that Content. The actual, legal rights you are granting us are a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. That means, the pictures and data you give us for the App can also be copied and uploaded to our or our customers’ Facebook pages and Twitter pages, and any other online site. And that we can host that same content on our webpages, website and in other Apps on other platforms so we can widely publicize and promote your loyalty program.

At any time you can ask us to take your Content off our website, and out of our App. But you agree that it’s impossible to take it all back from every place on the web, or off where ever it might end up.

Privacy: We protect our customer’s personal information. You agree to protect it too. As part of a transaction, you may obtain personal information, including email address, sex, age, and geographic location information, from Punchkeeper users. You agree to obtain prior permission from the user before using this personal information. Otherwise, it must only be used for that transaction or for communications with us about that customer. You agree not to use the information for unsolicited commercial messages or to add any Punchkeeper user to your email or physical mail list.

Additional Fees: Punchkeeper uses it's own merchant account for processing payments. There are no additional charges or fees for monthly subscription transactions. We accept Visa, Master, Discovery, and American Express cards.

Cancellation. We hope you love working with us, and get a lot of business from the customers we send your way, but, you may cancel using our App at any time. We ask that you do that one of two ways:

1) cancel using our website on the subscription page or on your dashboard.

2) send us an email at support@punchkeeper.com

Your customer loyalty program will cease appearing in our App shortly after you receive an email from us acknowledging your cancellation.

Information Control: In this age of social networking and sharing, customers are likely to share your Content, product image and description across a wide variety of online and mobile distribution channels. You agree that that’s okay. Customers are also likely to comment about your products. We don’t control the comments posted by users on Punchkeeper or anywhere else. You may find some comments to be offensive, harmful, inaccurate, or deceptive. We can’t do anything about that—it’s free speech! You agree that you’ll take it in stride, you won’t harass customers that say things you don’t like about you or your products, and you won’t ask us to try and interfere or take down any of their comments, where ever they may appear.

LEGAL PROVISIONS

The following are legal provisions we’re required by our attorneys to include. You and your attorneys should read it as you will be legally bound to all of its provisions.

1. Resolution of Disputes and Release In the event a dispute arises between you and Punchkeeper, please contact Punchkeeper. You agree that the laws of the State of Washington, without regard to principles of conflicts of laws, will govern this contract and any dispute of any sort that might arise between you and Punchkeeper. Any dispute relating in any way to this agreement or to services provided by Punchkeeper or through Punchkeeper shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts. Should you have a dispute with one or more users, or an outside party, you release Punchkeeper (and Punchkeeper's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Punchkeeper, for the benefit of retailers, may try to help retailers resolve disputes. Punchkeeper does so in Punchkeeper's sole discretion, and Punchkeeper has no obligation to resolve disputes between retailers and users or between retailers and outside parties. To the extent that Punchkeeper attempts to resolve a dispute, Punchkeeper will do so in good faith based solely on Punchkeeper's policies. Punchkeeper will not make judgments regarding legal issues or claims.

2. Punchkeeper's Intellectual Property Punchkeeper, and other Punchkeeper graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Punchkeeper, Inc. in the U.S. and/or other countries. Punchkeeper and Punchkeeper's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner without the prior written consent of Punchkeeper. The Punchkeeper App is patented pursuant to a pending patent filed with the US Patent and Trademark Office and is the sole and exclusive property of Punchkeeper.

3. Breach Without limiting any other remedies, Punchkeeper may, without notice, and without refunding any fees, delay or immediately remove Content, warn Punchkeeper’s community of a retailer's actions, issue a warning to a retailer, temporarily suspend a retailer, temporarily or indefinitely suspend a retailer's account privileges, terminate a retailer's account, and refuse to provide services to a retailer if any of the following apply:

4. Privacy This Agreement is subject to Punchkeeper's Privacy Policy, which can be found at [www.punchkeeper.com/privacypolicies.html] and which may be modified from time to time. Punchkeeper will notify you of any material modifications. Punchkeeper stores and processes Content and data concerning your customer loyalty program on computers located in the United States that are protected by physical as well as technological security.

5. No Warranty PUNCHKEEPER PROVIDES IT’S WEBSITE, APP AND ALL SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PUNCHKEEPER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PUNCHKEEPER SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

6. Liability Limit In no event shall Punchkeeper and (as applicable) Punchkeeper’s parent, subsidiaries, affiliates, officers, directors, agents and employees or Punchkeeper’s suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incident, arising out of or relating to the conduct of you or anyone else in connection with the use of these services or the App, or this agreement, including without limitations, lost profits, bodily injury, emotional distress, or any special incidental or consequential damages.

7. Indemnity You agree to indemnify, defend, and hold Punchkeeper and (as applicable) Punchkeeper’s parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees and court costs, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

8. No Guarantee Punchkeeper does not guarantee continuous, uninterrupted access to the App, and operation of the App may be interrupted or interfered with by numerous factors outside Punchkeeper's control.

9. Legal Compliance; Taxes You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the App and any Punchkeeper service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any sales of items you make (excluding any taxes on Punchkeeper's net income).

10. Severability If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

11. No Agency You and Punchkeeper are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

12. Punchkeeper Service Punchkeeper reserves the right to modify or terminate the Punchkeeper service for any reason, without notice, at any time. Punchkeeper reserves the right to alter these Terms of Use or other App policies at any time, so please review the policies frequently. If Punchkeeper makes a material change Punchkeeper will notify you by email, by means of a notice on our website, or other places Punchkeeper deems appropriate. What constitutes a "material change" will be determined at Punchkeeper's sole discretion, in good faith, and using common sense and reasonable judgment.

13. Choice of Law This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Washington and the United States of America.

14. Survival These sections shall survive any termination or expiration of this Agreement: Resolution of Dispute and Release, Punchkeeper's Intellectual Property, Access and Interference, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guaranty, Severability, No Agency, Choice of Law.

15. Notices Except as explicitly stated otherwise, any notices shall be given by postal mail to Punchkeeper; Attn: Legal Department; 246 5th Avenue, Penthouse Suite, New York, NY 10001 (in the case of Punchkeeper) or, in your case, to the email address you provide to Punchkeeper (either during the set up process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Punchkeeper may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Punchkeeper. In such case, notice shall be deemed given three days after the date of mailing.