Corporate User and Employees of Corporates hereinafter referred to as (“You”) and Fringe Techlabs Pvt Ltd. hereinafter referred to as (“PerksMe”). PerksMe is owner and operator of www.perksme.com (“the Website”) where Corporates register, upload their users and load money into PerksMe wallet (powered by Citruspay), users can login in and buy from merchants by clicking their link available on PerksMe platform and pay using their PerksMe wallet (powered by Citruspay); PerksMe mobile application hereinafter referred to as “PerksMe App” which will be used by You for searching merchants under categoris of your choice available on the Website; collectively, including all content provided by PerksMe through the PerksMe Website or PerksMe app (“PerksMe Service”).
At the time of Corporate registration and upload/entry of Corporate user base to PerksMe, you will share certain Personal Information with PerksMe. PerksMe respects your Personal Information. Such Personal Information may include your personal identifiable information such as your name, Mobile number, your e-mail id, your age and any other personal information which You may share.
When you use PerksMe’s Service through PerksMe App, PerksMe may use Your mobile device’s ID (the unique identification assigned to a mobile device by the manufacturer). PerksMe does this to store your preferences and track your use of PerksMe App. You understand and agree that PerksMe has every right to share such ID with third parties for its promotions, analysis, etc.
In case You participate in any other schemes, facilities, services provided by the PerksMe Service, You will be required to provide additional information. Such information will also remain in PerksMe’s database and will be considered as your Personal Information and will be treated as confidential.
PerksMe needs to caution You that the PerksMe Service could be vulnerable to hacking, virus attacks and your personal data may be at risk. PerksMe takes reasonable caution to protect the PerksMe Service and data.
PerksMe may place a text file called a "cookie" in the browser files of your Mobile. The cookie itself does not contain Personal Information although it will enable the PerksMe Service to relate your use of the PerksMe Service to information that you have specifically and knowingly provided to PerksMe.
The Cookies enables PerksMe to remember your choices and some data field contents which you would be required to fill-in.
On the PerksMe App and/or the Website, PerksMe posts advertisements provided by Advertisers. These Advertisers might set mobile device id on their Apps. PerksMe is not responsible for any of these Advertisers. You on your entire risk and volition are advised to deal with the Advertisers if You intend to. By allowing such advertisements PerksMe do not recommend or market or warranty the Advertisers, quality, commitment, deliverables, fitness to consumption, reasonability and Advertisers commitment to protect your Personal Information.
PerksMe endeavours to protect your Personal Information. PerksMe may share your Personal Information with its sponsors, service providers and its business partners. Personal Information could be shared so that you may receive newsletters, offers, information about new products, services, launches, facilities, schemes and other information, if applicable. The information collected from You and other users may be analysed in different manners. PerksMe may also share such analysis with its service providers and its business partners.
In case PerksMe is required to disclose your Personal Information in order to assist the Government Authority or in adherence to the Court or to protect the interest of the PerksMe Service and/or any particular user(s), PerksMe will disclose it without obtaining prior permission from you.
No. 10 , 2nd Floor,RMV 2nd Stage,
Off New BEL Road, Next to ISRO HQ,
Bangalore – 560094, Karnataka State, India.
PLEASE READ THE FOLLOWING SERVICE AGREEMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT THIS AGREEMENT IS VALID AND BINDING ON YOU.
“We”/“Our”/“Us”/”PerksMe” shall mean Fringe Techlabs Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 6/13, Primrose Road, Gurappa Avenue, Bangalore-560025, Karnataka, India (which expression shall, unless repugnant to the context thereof, be deemed to mean and include its affiliates, successors in interest, managers and permitted assigns). “You”/“Your”/“Yourself” shall mean the company or entity who registers themselves to avail the Services of PerksMe. You and PerksMe shall hereinafter be individually referred to as “Party” and collectively as “Parties”.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and of other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Services: Under this Agreement we are providing You online solutions for streamlining the perks provided by You to your employees (“Services”) through the mobile application and portal owned and designed by PerksMe (“PerksMe Portal/Mobile Application”). Your employees who are registered with Us (“Registered Users”) can avail the perks awarded by You to them during their employment with You by making online purchases from various online merchants as well as in-store purchases at certain stores by using the PerksMe Portal/Mobile Application. You hereby agree that You are desirous of streamlining the process of providing perks to Your employees by engaging Our Services through PerksMe Portal/Mobile Application.
2. Registration: You are required to duly complete the registration formalities prescribed by Us. It is clarified that while there is no fee for the Services, any additional or premium services are availed by You shall attract a charge as mutually agreed on by the Parties. You shall be required to provide Us with certain information as requested by PerksMe including the details of the employees to be registered as Registered Users, information on the payment to be made available to the Registered Users as perks. Upon completion of registration by You, You shall ensure that all your employees duly register themselves on www.perksme.com and activate their online accounts and digital wallets.
3. Consideration: We hereby agree and acknowledge that, the use of the Services by You shall facilitate the use of PerksMe Portal/Mobile Application by the Registered User(s) and that this facilitation of the use of PerksMe Portal/Mobile Application among the Registered User(s) by You shall be a valid and sufficient consideration for the Services provided by Us under this Agreement.
4. Representations and Warranties: Both Parties hereby represent and warrant to the other Party as follows: (a) It is duly incorporated/registered and validly existing under the applicable law of the jurisdiction in which it is incorporated/registered; (b) it has full power, capacity and authority to execute, deliver and perform this Agreement and has taken all necessary action (corporate, statutory, contractual or otherwise) to authorize the execution, delivery and performance of this Agreement; (c) the execution of this Agreement does not violate any statute, regulation, rule, order, decree, injunction or other restriction of any governmental entity, court or tribunal to which it is subject or any of the provisions of its charter documents, if applicable, that would materially adversely affect its ability to consummate the transactions contemplated herein; and (d) It has not suppressed any fact, which, if disclosed, might have affected the decision of the other Party to execute this Agreement.
5. Disclaimer: EXCEPT AS SET FORTH IN THIS AGREEMENT, THE SERVICES AND THE PERKSME PORTAL/MOBILE APPLICATION ARE PROVIDED “AS-IS”, AND WE MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES AND/OR PERKSME PORTAL/MOBILE APPLICATION. THERE IS NO SUCH THING AS PERFECT SECURITY, AND WE CANNOT GUARANTEE OR WARRANT THE SECURITY OF ANY DATA (INCLUDING CONFIDENTIAL INFORMATION OR PERSONAL INFORMATION) THAT WE RECEIVE AND STORE. WE DO NOT WARRANT THAT SERVICES AND/OR PERKSME PORTAL/MOBILE APPLICATION ARE ERROR-FREE AND SHALL BE AVAILABLE AT ALL TIMES. WE MAKE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF PERFORMANCE, DEALING, OR USAGE OF TRADE. ALL PRICES AND OTHER PROCESSES ARE GOVERNED BY AGREEMENTS WITH OR POLICIES OF THE MERCHANTS. WE ARE MERELY AN AGGREGATOR AND PAYMENT CHANNEL AND WE SHALL NOT BE LIABLE FOR ANY BREACH OF THIRD PARTY PROCESSES. YOU ACKNOWLEDGE THAT THE YOUR USE OF SERVICES WILL INVOLVE TRANSMISSION OVER THE INTERNET AND OTHER NETWORKS, ONLY PART OF WHICH MAY BE OWNED OR CONTROLLED BY US AND THAT PERSONAL INFORMATION AND CONFIDENTIAL INFORMATION MAY BE ACCESSED BY UNAUTHORIZED PARTIES WHEN COMMUNICATED ACROSS THE INTERNET OR OTHER ELECTRONIC MEANS. WE ARE NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION AND CONFIDENTIAL INFORMATION WHICH IS DELAYED, LOST, ALTERED, INTERCEPTED OR STORED DURING THE TRANSMISSION OF ANY DATA WHATSOEVER ACROSS NETWORKS NOT OWNED OR CONTROLLED BY PERKSME.
6. Indemnity: Without prejudice to any other right available to Us under applicable laws (including specific performance) or under equity, You hereby agree to indemnify, defend and hold harmless PerksMe, our officers, representatives, directors and, employees from and against any and all loss, damage, liability, charge, expense, outgoing or cost (including all legal and other professional costs on a full indemnity basis) of any nature or kind, claims, actions, judgments or causes of action, and based upon, arising out of, or in relation to or otherwise in respect of the following: (i) any breach of Your representations and warranties under this Agreement; or (ii) any breach of Your obligations or the terms and conditions under this Agreement; or (iii) any benefits provided or not provided by You to your employees or (iv) any claim arising from or against any third party in any forum.
7. Term and Termination: This Agreement shall continue to remain in force until Your registration is terminated by Us on the basis of a written termination notice of 60 (sixty) days’ issued by one Party to the other Party. PerksMe may also terminate your registration with PerksMe and this Agreement with immediate effect in the event of a material breach of terms, obligations, representations and warranties under this Agreement by You, which has not been cured by You within 30 (thirty) days of receipt of notice of breach to the satisfaction of PerksMe.
8. Confidentiality: The Parties agree that, each Party (the “Discloser”) hereby covenants to the other Party (the “Recipient”), that the Recipient shall maintain the confidentiality of all non-public information including proprietary information of the Discloser, whether disclosed in any format or medium including, without limitation business, marketing, strategic, financial, employment and intellectual property information of the Discloser and more specifically the usernames and passwords generated for access to PerksMe Portal/Mobile Application. Both during and after the Term of this Agreement (till such information is not publicly known), Recipient shall disclose the Confidential Information on a strictly need-to-know basis only and only with prior permissions of the Discloser. The Confidential Information shall be held in strict confidence and shall not be used for any purpose other than in connection with the Services. This Agreement does not impose any obligation on the Recipient where such Confidential Information: (i) is in the Recipient’s lawful possession before receipt from the Discloser; (ii) is or becomes a matter of public knowledge through no breach of this Agreement by the Recipient; (iii) is rightfully received by the Recipient from a third party without a duty of confidentiality; (iv) is independently developed by the Recipient; or (v) is required to be disclosed by the Recipient pursuant to court or regulatory order, provided that, where feasible, the Discloser is given a reasonable opportunity to limit the extent of disclosure. All Confidential Information in possession of the Recipient shall be returned by the Recipient to the Discloser within 5 working days of termination of Your registration.
9. Intellectual Property: You acknowledge that PerksMe is the sole owner of all the intellectual property in connection with the Services and that all intellectual property rights arising in the course of or as a consequence of the Services provided during the Term shall belong to PerksMe. Nothing in this Agreement provides any right or license to You to use any intellectual property of PerksMe.
10. Limitation of Liability: PerksMe shall not be liable for any indirect, punitive, special, incidental or consequential damages arising out of this Agreement (including, without limitation, loss of business, revenue, profits, goodwill, use, data or other economic advantage) however they arise, whether in breach of contract, breach of warranty, or in tort, including negligence, and even if PerksMe has previously been advised of, or could reasonably have foreseen, the possibility of such damages.
11. Governing Law, Jurisdiction and Dispute Resolution: This Agreement shall be governed by and construed in accordance with Indian law and the courts in Bangalore shall have exclusive injunctive jurisdiction. In the event of any dispute, controversy or claim whatsoever arising from the terms and conditions of this Agreement, the Parties shall undertake to make every effort to reach an amicable settlement within fifteen (15) days upon reference of the dispute by any Party through discussions among the concerned representatives of Parties, failing which the dispute, controversy or claim shall be settled by Arbitration by a Sole Arbitrator appointed by the ‘President-Arbitration Centre-Karnataka’, Bangalore as per Indian Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of arbitration shall be Bangalore and it shall be conducted in English language. The award passed by the Sole Arbitrator shall be final and binding upon the Parties. The cost of arbitration shall be borne by the Party against whom the award is passed.
12. Independent Contractors: You and PerksMe are independent contractors. Neither Party is an employee, agent or representative of the other Party. Neither Party shall have the right, power or authority to enter into any agreement for or on behalf of the other Party, or to incur any obligation or liability or otherwise bind the other Party. This Agreement does not create a joint venture or partnership between the Parties nor impose any partnership liability upon either Party. PerksMe is only an aggregator of online and offline merchants under this Agreement and the rendering of the Services do not create any consumer relationship with You or the Registered Users.
13. Assignment: You shall not assign or transfer / delegate any of Your rights or obligations under this Agreement, in whole or in part, without Our express prior written consent. Any attempted assignment, transfer or delegation, without such consent, will be void.
14. Severability: If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.