LAST REVISED: February 2, 2018
The following terms and conditions govern your download and use of the PERA SWIPE smartphone and mobile device application (the “PERA SWIPE Application”), and your use of the peraswipe.com website (the “Site”) and all content, products, promotions, Services and functionality available at or through the Application and the Site (collectively, together with the Application and the Site, the “Services”). The Services are owned and operated by PERA SWIPE INC., a domestic corporation duly organized and existing under Philippine Laws (“PERA SWIPE”, “we”, “us” or “our”).
The PERA SWIPE Application allows businesses and companies (collectively, “Clients”) to deliver information, coupons, deals, and articles (collectively, “Content”) on the mobile lockscreen of consumers who have downloaded and installed the PERA SWIPE Application. The users of these Application are referred to collectively as “End Users”, and each, an “End User”. As further described below, at PERA SWIPE’s sole and absolute discretion, PERA SWIPE compensates End Users of the Application with PERA SWIPE Points (“Points”), which are then redeemable for cash, products and Services, and may even be converted into charitable contributions. The Services are offered subject to the terms and conditions contained herein and in all other operating rules, policies and procedures that may be published from time to time through the Services by PERA SWIPE (collectively, the “Agreement”).
By clicking on or pressing “agree” during the signup progress, or by accessing or using any other part of the Services, you agree to become bound by the terms and conditions of this Agreement, which form a legally binding contract between you and PERA SWIPE. If you do not agree to all the terms and conditions of this Agreement, then you may not download the Application or access or use any Services. If you are using the Services on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to the Agreement.
The Services are available only to individuals who are at least 18 years old. If you are less than 18 years old, you may not download the Application or use the Services.
Whether or not you register for an account with us, the Services are only available for access and use by you for lawful purposes. You understand that when using the Site or Application, you may be exposed to user content (including, without limitation, Content) provided by other users or third parties, and you agree that PERA SWIPE is not responsible for the accuracy, safety, appropriateness or intellectual property rights in or related to such user content. Any action by you or associated with your account that we believe, in our sole and absolute discretion: (a) violates the Agreement; (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Services; or (c) through the use of the Services, abuses, defames, harasses, disparages or threatens another user of the Services or any other third party, is strictly forbidden.
You also may NOT:
• solicit for commercial purposes other users of the Services, unless permitted by and in accordance with a Client Agreement;
• use the Services to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, unless permitted by and in accordance with a Client Agreement;
• use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;
• harvest or otherwise collect personal information about users, including e-mail addresses, without their consent;
• use any robot, spider, crawler, scraper or other automated means to access the Services, unless permitted by and in accordance with a Client Agreement;
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; or
• bypass any measures we may use to prevent or restrict access to the Services or certain features or modules of the Services.
• use hacked/rooted/jailbreaked devices to manipulate device information when using the Services.
We reserve the right to immediately block or disable your ability to use the Application, and/or otherwise suspend or terminate your access to the Services, if, in our sole and absolute discretion, we believe that you have engaged in any of the foregoing activities or that they have occurred in association with your account or password.
The proprietary software associated with the Application and the Services, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of) the software, are copyrighted works and exclusively owned by PERA SWIPE. In addition, the Services, including all software, PERA SWIPE content, inventions, technology, products, Services and PERA SWIPE data provided on the Site or through the Services, are protected under Philippine and international copyright, patent, trademark and/or other intellectual property laws and incorporate valuable confidential information and trade secrets of PERA SWIPE, and are the exclusive property of PERA SWIPE and its licensors. All suggestions, requests and feedback you may communicate to us regarding the Services, and all inventions, improvements, modifications, product or Services ideas, and concepts contained therein (collectively, “Feedback”), shall become the exclusive property of PERA SWIPE. You hereby assign all worldwide rights, title and interest in, to and under any such Feedback to PERA SWIPE and agree to execute and deliver any assignments or other instruments or documents that we may request in order to confirm, perfect, record or enforce our rights with respect to the Feedback.
Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, PERA SWIPE grants to you a limited, personal, non-exclusive, revocable, non-sublicensable, non-transferable license to (a) download, install, and use the Application to use on a single mobile device, (b) receive and use Rewards as defined and provided in Section 5, and (c) use the Services, in each case for your personal purposes but not for commercial resale, sublicensing, time-sharing or Services bureau usage. All rights not expressly granted to you by the foregoing sentence are reserved by PERA SWIPE. Without limiting the generality of the foregoing, you may not interfere with the Services in any way, or copy, modify, distribute or reverse engineer, decompile or disassemble Application or the Services, or make any derivative works based on the Application or other Services (including any customization, translation, or localization). Your compliance with the requirements in this Section 4 is a condition to, and material inducement and consideration for, our granting you the right to access and use the Application and the Services. Any unauthorized use or other activity by you in violation of the Agreement will cause the licenses granted to you by PERA SWIPE in this Section 4 to terminate automatically.
This Agreement does not transfer from PERA SWIPE to you any PERA SWIPE or third party intellectual property, and all right, title and interest in, to and under such property will remain solely with PERA SWIPE or such third party, as applicable. All rights not expressly granted in this Agreement are reserved to PERA SWIPE. PERA SWIPE, peraswipe.com, the PERA SWIPE logo, and all other trademarks, Services marks, graphics and logos used or displayed in connection with the Services are trademarks or registered trademarks of PERA SWIPE or PERA SWIPE’s licensors. Your use of the Services grants you no right or license to reproduce or otherwise use any PERA SWIPE or third-party trademarks.
If you sign up for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not use another person’s PERA SWIPE account or share your password with another person. When creating your account, you must provide accurate, complete and non-misleading information. You agree to immediately notify PERA SWIPE of any unauthorized uses of your account or login credentials or any other breaches of security. PERA SWIPE will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Our current policy limits you to the creation of only one PERA SWIPE account per mobile device. You may use one (1) End User account per device per day. Using more than one (1) End User account per device in a day may result in suspension or termination of your End User account by PERA SWIPE’s proprietary smart algorithm. If you have created multiple accounts from the same device, the account created at the latest time will be considered as your active account. You may contact email@example.com for inquiries regarding account suspension and recovery.
Account features differ depending on whether they are held by End Users (each, an “End User Account”) or Clients (each, a “Client Account”). Special features and terms and conditions pertaining to End User Accounts and Client Accounts are set forth in Section 5 and Section 6, respectively.
A. PERA SWIPE Application
When you download the PERA SWIPE Application, you will be prompted to register for an End User Account, and PERA SWIPE may then begin displaying Content on the lockscreen of your mobile phone. After that, all of your interactions with PERA SWIPE will be recorded, stored in our servers, and associated with your End User Account. Among other things, your End User Account will keep track of your Points, your Point redemption options, and your Point redemption history. YOU WILL ONLY BE ABLE TO ACCRUE, RECEIVE AND STORE POINTS WHEN SIGNED INTO YOUR END USER ACCOUNT. From time to time, at PERA SWIPE’s sole and absolute discretion, you may have the option to redeem your Points for cash or other benefits.
There is more than one way to receive Points using the PERA SWIPE Application. The simplest way is by engaging with PERA SWIPE by moving the lockscreen unlock slider (i) to the right to unlock your phone, or (ii) to the left to engage with the Content. For example, if you slide left to engage, you may receive Points, or if you use a coupon provided through the Application, you may receive Points. However, please note that in each case, you will have the opportunity to receive the same number of Points by sliding right to simply unlock your screen. The reason is that PERA SWIPE aims for honest interactions and discourages disingenuous interactions intended for the sole purpose of generating Points. While you are not prohibited from sliding left every time Content is displayed on your lockscreen, PERA SWIPE’s proprietary smart algorithm is optimized to screen for abuse and will automatically decrease the number of Points offered to End Users who attempt to abuse the system. Therefore over time, you may find that sliding left too much will result in a reduced opportunity to receive Points. To avoid these consequences, PERA SWIPE recommends that you use your smartphone or mobile device as you normally do and that you engage only with Content that genuinely interests you.
B. Application Generally
When you are using the PERA SWIPE Application, your Point and Point balance (“Rewards”) will be reflected in your End User Account. Depending on the current value of a Point, which will be determined at PERA SWIPE’s sole and absolute discretion, you may, from time to time, redeem them for prepaid load, cash, coupons, products and Services, and or convert them into charitable contributions.
Rewards obtained via the Application are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license. Rewards may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction Services. You have no property interest, right or title in or to any such Rewards appearing or originating in the Application, or any other attributes associated with use of PERA SWIPE or its Application. Any Reward balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
PLEASE NOTE THAT PERA SWIPE DOES NOT AND CANNOT PROMISE OR GUARANTEE THAT YOU WILL RECEIVE ANY NUMBER OF REWARDS OR THAT YOU WILL RECEIVE ANY AMOUNT OF AD CONTENT IN CONNECTION WITH YOUR USE OF THE SERVICES, OR ANY AMOUNT OF VALUE, MONETARY OR OTHERWISE, WHEN YOU REDEEM YOUR POINTS.
PERA SWIPE’s ability to provide Rewards depends on whether, and how much, PERA SWIPE gets paid by the relevant Client, and due to the complex nature of its relationships with Clients, whether PERA SWIPE gets paid, and how much, may vary over time. We will, in our sole and absolute discretion, determine and communicate the availability and exchange rate of Rewards, which may be modified at any time. The availability and exchange rate for Rewards may vary for a variety of reasons, such as non-payment by Clients or changes in our arrangements with Clients or in applicable laws and regulations. You must comply with any individual Reward limitations as indicated by PERA SWIPE (or Client’s terms or website). We reserve the right to cancel, restrict or terminate Rewards at any time for any reason. All redemptions are subject to this Agreement and any third-party terms associated with Clients.
As noted, each time you receive Rewards, we place the Rewards in your End User Account. Your ability to receive and redeem Rewards is conditioned on your compliance with the Agreement. You may access your End User Account to modify your account settings or to review your Reward balances and Point redemption choices. You may log in by entering your username and password with the Application.
You may log into your End User Account to redeem your accumulated Points. While we reserve the right to modify when and how you can redeem Points at any time in our sole and absolute discretion, as of the “Last Updated” date of this Agreement set forth below (the “Effective Date”), you can redeem your Points by visiting the area of your End User Account interface (accessible through the Application) called the Store (the “Store”).
While in Store, you may redeem your Points pursuant to one of the redemption methods then available to you. From time to time, Points may also be redeemable for gift cards, products, Services and other special offers.
Your Points will be expired after 180 days from the date you earned the point. If you do not redeem your Points for Rewards before such time, you will no longer be able to use or redeem them.
In addition, your End User Account will be terminated after twelve (12) months of inactivity. We also reserve the right to terminate your End User Account at any time for breach of this Agreement. You will no longer be able to use any Rewards in your End User Account after termination. We may do this without prior notice, but may attempt to notify you afterward where feasible.
Clients may access details pertaining to the performance of campaigns managed by PERA SWIPE in connection with the Services by logging into their Client Account and utilizing PERA SWIPE’s proprietary tracking and reporting system. You agree not to use any of the information accessed or obtained through your Client Account except for internal business purposes in connection with this agreement.
Whenever you utilize the Services from your mobile phone, you thereby agree to receive such Services on the device you designate for such purposes and understand that your wireless or internet Services provider’s standard SMS and/or data rates may apply to these Services. By using the Services, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the Services. You hereby represent and warrant that you are the owner or authorized user of any smartphone or other wireless device that you use to access the Services, and that you are authorized to approve all associated SMS and data charges.
As PERA SWIPE asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users and customers to do so. If you are a copyright owner or an agent thereof and believe that any user content infringes upon your copyrights, please contact us at firstname.lastname@example.org
From time to time, the Application may automatically download and install, or may prompt you to download and install, updates from PERA SWIPE. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions. You agree to receive such updates (and permit PERA SWIPE to deliver these to you) as part of your continued use of the Application. While you may refuse to download and install updates, doing so may cause your access to the Application and/or the Services to be disabled.
We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features and/or nature of the Application and the Services which we provide may change from time to time without prior notice to you. We may also cease or discontinue providing the Application or the Services, or support or upgrades for the Application, at any time. Such new features and/or Services shall be subject to the terms and conditions of the then-current version of the Agreement as well as any additional terms and conditions that PERA SWIPE may post on the Site or make available through the Services. PERA SWIPE may also modify or eliminate Services, modules or features of the Application or Services; your sole and exclusive remedy, and PERA SWIPE’s sole liability, in connection with any such change, modification or elimination is to terminate your account with us.
PERA SWIPE may terminate your access to all or any part of the Services, or block or disable your access or use of the Application, at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, PERA SWIPE may terminate your access to all or any part of the Services, stop displaying Content on your lockscreen, or block or disable your access or use of the Application, if (a) PERA SWIPE believes that you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Agreement); (b) PERA SWIPE is required to do so by law (for example, where the provision of the Application to you is, or becomes, unlawful); (c) PERA SWIPE is transitioning to no longer providing the Application to users in the state or country in which you are resident or from which you use the Application; or (d) PERA SWIPE believes that your use of the Application may infringe or violate the rights of a third party or subject PERA SWIPE to civil or criminal liability or reputational harm. Termination may result, in PERA SWIPE’s sole discretion, in the forfeiture and destruction of all information associated with your account and any Rewards earned prior to such date. All provisions of this Agreement which by their nature should survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall do so. If your account is cancelled or terminated for any reason, you will no longer be able to access information you have stored under your account.
You agree that use of the Services are entirely at your own risk. The Services are provided on an “as is” or “as available” basis, without any warranties of any kind. PERA SWIPE and its members, managers, officers, employees, representatives and agents disclaim all warranties, express or implied, in connection with the Services and/or your use thereof including, without limitation, any and all warranties of merchantability, fitness for a particular purpose, security, freedom from viruses, and non-infringement of intellectual property or proprietary rights.
PERA SWIPE makes no warranties or representations about the accuracy or completeness of the Services and/or their content or the content of any products or Services linked to or integrated with the Services (including, without limitation, the ad content) and assumes no liability or responsibility for (i) errors, mistakes, omissions or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of the Services, your account or our servers, and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, trojan horses, malware, adware and/or the like which may be transmitted to or through the Services by any third party, (vi) any loss or damage to content or data (whether stored through the Services or otherwise), or (vii) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, imported, transmitted, distributed, or otherwise made available via the Services. PERA SWIPE does not warrant, endorse, guarantee or assume responsibility for any product, Services or opportunity offered by Client or third party through the Services, or any hyperlinked or integrated website or Services, and PERA SWIPE will not be a party to or in any way be responsible for monitoring or enforcing any transaction between you and any third party (including any Client or other third party which offers or attempts to take advantage of a deal or promotion through the Services).
Release under no circumstances shall PERA SWIPE or its directors, shareholders, officers, employees, representatives, agents, or suppliers be liable for direct, indirect, incidental, special, punitive, consequential or exemplary damages (including, but not limited to, lost profits or damages arising from your use of or inability to use the Services) whatsoever, whether based on warranty, contract, tort or any other legal theory, and whether or not PERA SWIPE or any of the foregoing persons were advised of the possibility of such damages.
You agree that the liability of PERA SWIPE and its affiliates, directors, shareholders, officers, employees, representatives, agents, and suppliers for any claim or series of claims will be limited in the aggregate to the greater of the amount paid by you to us for the relevant Services to which the claim or claims relate during the previous six (6) months preceding the event or circumstances giving rise to such claim or series of claims.
You hereby agree to release, remise and forever discharge the site, the application, the Services and PERA SWIPE and its directors, shareholders, officers, employees, representatives, agents, and suppliers, and its and their respective successors and assigns, and all other related persons or entities, from any and all manner of rights, claims, complaints, suits, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with your use of the site, application or the Services.
The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You represent and warrant that (i) your use of the Services will be in strict accordance with the Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and all applicable laws regarding the transmission of technical or personal data exported from or into the Philippines or the country in which you reside, and all applicable laws pertaining to privacy, consumer rights, and unfair and deceptive advertising practices); and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights or any other rights of PERA SWIPE or of any other user or third party.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless PERA SWIPE, its affiliates and its and their respective members, managers, officers, employees, representatives and agents (the “Indemnified Parties”) from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) arising out of or related to or in connection with your actual or alleged (a) use of and access to the Services, Site and the Application, (b) violation, breach or default of any term of the Agreement, (c) violation by you or your Content of any third party right including, but not limited to, any patent, trademark, Services mark, copyright, trade secret, publicity or privacy right, or (d) any claim that you or any content which you submit or transmit via the Services (including, without limitation, your Content) caused damage to a third party.
All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Site (or otherwise making them available through the Services) or sending an e-mail to you at the e-mail address that is currently associated with your account. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified Philippine courier, return receipt requested, to: PERA SWIPE INC., Philippine Stock Exchange Center, Pasig, Philippines. All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described in Section 10 above. If you have any questions about the Agreement, or if you need to notify us about a non-legal matter, then please contact us at email@example.com.
End Users agree that in addition to the Agreement, your use of the Application is subject to the usage rules set forth in Apple’s App Store terms of Services, if you download the Application from the App Store, or in Google Play’s terms of Services, if you download the Application from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download the Application or otherwise access the Services.
You may direct any questions, complaints or claims with respect to the Application, the Site or the Services to: