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Term and Conditions

GENERAL


Rewardwise Technologies Private Limited (“Rewardwise,” “we,” “us,” or “our”) provides a range of products and services that assist merchants in managing their customer’s loyalty reward programs. These include the Rewardwise.co platform for online management, the Wallet for customers to track and redeem their points, and the Rewardwise.co website.


Who are Bound by this Agreement


This agreement applies to all users of the services, including merchants who use the services to manage loyalty reward programs for their customers, as well as customers who use the services to monitor and manage their loyalty points with one or more merchants. The term “Users” encompasses all end users of the services, including every employee, representative, consultant, contractor, or agent of a merchant, every customer, and any other end user.


In this agreement, “you” and “your” refer to you as an individual, or to the legal entity you are representing if you are acting on behalf of another entity. If you are an individual using the services, you may be a customer, a merchant who operates as a sole proprietor, or both. If you are a user representing another legal entity such as a corporation, you confirm that you have the authority to bind that entity to this agreement. You are responsible for ensuring that any employee, representative, consultant, contractor, or agent who uses the services on your behalf complies with this agreement. If you are a merchant, this includes any user who creates an account associated with you (“Account”).


Even if you access our services through a different platform that is integrated with our Platform, this Agreement still applies to your use of our Services.


Acceptance


By accessing and using the Services, you agree to be bound by these terms of use, any Selected Subscription Plan that applies to you, and any other Rewardwise documents or additional terms that are expressly incorporated by reference. Together, these form a legal agreement (“Agreement”) between you and Rewardwise, governing your use of the Services.


Updates and Changes to Agreement


Rewardwise reserves the right to modify this Agreement at any time at its sole discretion by publishing an updated version on the Rewardwise website. Such changes take effect immediately upon publication on the website and apply to your continued use of the Services. By continuing to access and use the Services, you agree to any modifications to the Agreement.

The Services


Subscription Services


The Services are available through a subscription plan, and you purchase the Services under the Selected Subscription Plan, except for any free Services. Subject to your compliance with this Agreement and payment of all applicable fees, Rewardwise authorizes you to access and use the Services during the Subscription Term set out in your Selected Subscription Plan and any Services that we expressly make available for free.


Not Professional Advice:


Rewardwise provides online tools and materials to help Merchants create and manage their loyalty rewards program. However, these tools and information are for informational purposes only and do not guarantee accuracy, completeness, or timeliness. They are not intended to provide legal, accounting, tax, or other professional advice. You are solely responsible for any decisions regarding the design, strategy, and use of your program. There may be laws that apply to loyalty rewards programs in your jurisdiction, and it is your responsibility to understand and comply with those laws.


Account Access


To use the Platform and Wallet, every User needs to create an Account with Rewardwise and provide some basic information, including their name, email address, login username, and password. It is your responsibility to keep your IDs confidential and not share them with any third party or allow others to use them. You are accountable for all activities, charges, and liabilities made on or through your Account, whether authorized by you or not. If you suspect any unauthorized use of your Account or ID, you must immediately inform us. You must ensure that all your Users provide correct and complete Account information and inform us of any changes to their information.


Usage Limitss


The Services may have usage limits and restrictions, including the locations where you can access or use them, the number of Users, recipients or customers, and usage volumes. You must ensure that you comply with these Usage Limits. We may notify you of any changes to these limits.


Equipment


You are responsible for obtaining and maintaining all the necessary equipment, including telecommunication, broadband, computer hardware, software, and services required to access and use the Services.


Updates and changes to the services


We have the authority to change any aspect of the Services, without providing prior notice or being liable to you, at our discretion, for any reason or no reason at all. This includes modifying, withdrawing, or terminating a Service, as well as limiting or expanding its features or functionalities.


Fees


Service Fees


As the user of the Services, you are responsible for paying all fees specified in your chosen Subscription Plan (“Service Fees”). These fees are non-refundable and cannot be cancelled, and are based on the specific Subscription Plan that you have purchased, rather than actual usage of the Services. If the Services are terminated or modified by us for any reason, including non-usage, you will not be entitled to any refund.


Taxes


The fees and expenses you owe to Rewardwise under this agreement do not include any applicable taxes, such as sales, use, value added, excise, or other similar taxes. You are solely responsible for paying these taxes, even if they are not listed in your selected subscription plan. If Rewardwise pays any taxes on your behalf, you must reimburse Rewardwise for those taxes promptly, unless you can provide documentation proving that you are not liable for those taxes.


Overage Fees


We reserve the right to observe or remotely inspect your use of the Services, and we may charge additional fees if you surpass any Usage Limits at the current usage rates. However, we are not obligated to conduct such monitoring or auditing


Payment Terms


Service fees are due in advance of the Subscription Term unless otherwise specified in the Selected Subscription Plan or another agreement. You are responsible for paying all fees, expenses, and other amounts owed to Rewardwise under this Agreement without any deduction or set-off, in the currency specified in the Selected Subscription Plan or another agreement. Third-party payment services may be offered, but we are not liable for any issues or problems that may arise from using such services or their providers.


CONTENT AND LICENSE


Content


The Services provide information and data, including text, images, photos, videos, audio, and documents, which are owned or licensed by Rewardwise, its suppliers, or licensors, collectively referred to as “Rewardwise Content.” The Services and Rewardwise Content are protected by various intellectual property laws such as copyright, trademark, patent, trade secret, and other laws. As between you and Rewardwise, Rewardwise is the owner of all title, interest, and right, including all registered and unregistered rights granted or otherwise now or hereafter in existence under any intellectual property laws, and all similar or equivalent rights or forms of protection, in any part of the world in and to the Services and Rewardwise Content.


Ownership and License


This section states that the Services provided in your Selected Subscription Plan are only available for the Subscription Term and are not sold to you. You are granted authorization to use the software code provided to you by us for the sole purpose of using the Services on your website. All rights not specifically granted to you in this Agreement are reserved and held by us. You are prohibited from copying, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, displaying, using or selling any Rewardwise Content. You are also prohibited from modifying, building upon, or blocking any portion or functionality of the Services. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.


Rewardwise Trademarks


Under your Selected Subscription Plan, you may be allowed or required to display our trademarks that we own or license, which are called “Rewardwise Marks”. You are only permitted to display the Rewardwise Marks for the purpose of showing that you are using our services and must follow any guidelines we provide regarding their use. You are responsible for ensuring that any goods or services associated with the Rewardwise Marks comply with the terms of this Agreement and include a loyalty program operated by Rewardwise. Any benefits or good reputation resulting from such use will belong to Rewardwise automatically. We may check the goods and services you provide to ensure they comply with this Agreement, provided we give you reasonable notice.


Restrictions


You will not do any of the following or permit anyone else to do the following, and will prevent any of your Users from doing the following: (i) license, sub-license, sell, transfer, distribute or share the Services or Rewardwise Content or make any of them available for access by third parties; (ii) create derivative works based on or otherwise modify the Services or Rewardwise Content; (iii) disassemble, reverse engineer or decompile the Services or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation or data related to or provided with the Services; (iv) access the Services or Rewardwise Content in order to develop a competing product or service; (v) use the Services or Rewardwise Content to provide a service for others; (vi) use the Platform to operate more or different type of applications than permitted under the applicable Selected Subscription Plan; (vii) remove or modify a copyright or other proprietary rights notice on or in the Services or documentation; (viii) use a computer or computer network to cause physical injury to the property of another; (ix) violate any applicable federal, provincial, local or international statutes, codes, rules, regulations, by-laws, judicial or arbitral or administrative or ministerial or departmental or regulatory judgments, orders, decisions, rulings or awards, policies, guidelines, or any provisions of the foregoing, including general principles of common and civil law and equity (“Applicable Law”); (x) disable, hack or otherwise interfere with any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by the Services; (xi) include, send, store or run software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs from the Services; (xii) cause a computer to malfunction, regardless of how long the malfunction persists; (xiii) alter, disable, or erase any computer data, computer programs or computer software without authorization; (ix) interfere with, disrupt or undermine the security or the operation of the Services, Platform or Website; or (x) interfere with, disrupt or undermine anyone's use or enjoyment of the Services, Platform or Website.


Feedback


In the event that you or any of your users or customers provide us with information, such as feedback, comments, or suggestions, you grant us a license to use and incorporate this information into our products and services. This license is worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable. We may use, host, run, reproduce, process, adapt, translate, modify, publish, transmit, distribute, and display this information without limitation. Additionally, you agree to waive all moral rights in and to this information and obtain similar waivers from your users and customers.


USER CONTENT AND MERCHANT DATA


User Content


You have the right to submit User Content such as text, images, photos, videos, audio, and documents through the Services, but you are solely responsible for it and its consequences. We do not check the accuracy, quality, content, or legality of User Content, but we may review, filter, edit, block, or remove it at our discretion. We are not obligated to identify or prevent infringement of intellectual property rights or non-compliance with Applicable Laws. Rewardwise is not responsible for any damage or loss caused by User Content, whether directly or indirectly.


Responsibility to obtain consents


It is your obligation to secure all essential consents, permits, and waivers that are required to utilize the Services, including submitting User Content through the Services. This may involve obtaining consents, licenses, and waivers from proprietors of copyrights, trademarks, and other intellectual property, as well as any other individuals who participated in creating the User Content.


If you are a Merchant, Rewardwise has the right to collect electronic data related to you, your Users and customers, including personal information of your Users and customers, which you control as per privacy and data protection laws (“Merchant Data”). It is your responsibility to ensure that you have all necessary rights, releases, and consents from your customers and other third parties for collecting, using, and disclosing Merchant Data as per this Agreement, and to grant Rewardwise the rights outlined in this Agreement. You must obtain all required consents and make necessary disclosures to your customers as per applicable laws. By using the Services, you confirm that you have obtained all necessary rights, releases, and consents from your customers, Users, and other third parties for Merchant Data collection, use, and disclosure in accordance with this Agreement and for the Services' operation, and to grant us the rights set out in this Agreement.


Ownership and licence


As between you and Rewardwise, you retain all right, title and interest in and to the User Content you submit through the Services. By submitting User Content through the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable license to use, host, run, reproduce, process, adapt, translate, modify, publish, transmit, distribute and display User Content in connection with the Services. Without limiting the foregoing, this license includes permitting us to: (i) deliver User Content in accordance with the preferences set by the Merchant using the Services; (ii) secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms and reports based on access to and use of User Content; (iii) use, enhance, personalize, exhibit, broadcast, publish, publicly display, publicly perform, distribute, create derivative works of, promote, copy, store, and/or reproduce (in any form) User Content on or through the Services; (iv) use User Content to test Rewardwise's internal technologies and processes; and (v) use User Content to provide our services to other users and organizations, including using your User Content to provide the Wallet to Customers.

In addition to the license granted in the previous section, you authorize us to grant each customer or user of the Services a non-exclusive license to view the User Content submitted by you through the Services. We may also retain server copies of User Content that have been removed or deleted from the Services, but we will not display, distribute, or publish such copies.


Representations and Warranties

You make the following representations and warranties with respect to User Content that you submit through the Services:

  1. You either own or have obtained all necessary licenses, rights, consents, and permissions to use and publish the User Content you submit through the Services.
  2. The act of uploading your User Content to the Service and the licenses granted to Rewardwise under this Agreement do not and will not violate the rights of any person.
  3. Rewardwise shall not owe any payments to any person for the use or distribution of User Content.

Prohibited Content

You acknowledge and agree that certain types of content are prohibited from being uploaded or used in connection with the Services. You agree that you will not upload or use any prohibited content, including content that:

  • contains graphic or gratuitous violence;
  • expresses or promotes hatred against any individual or group;
  • encourages or glorifies illegal drug use;
  • is predatory or intended to harass or bully others;
  • is repetitive or unwanted, such as “spam” messages;
  • promotes or incites racism, bigotry, hatred, or physical harm against any group or individual;
  • contains or promotes information that you know to be false, misleading, or illegal, or is abusive, threatening, obscene, defamatory, or libelous;
  • promotes or instructs in criminal activity or provides information on how to commit illegal activities; or
  • violates the privacy, publicity, copyright, trademark, contract rights, or any other rights of any person.

We reserve the right to take appropriate action against anyone who violates these provisions, including removing the offending content without prior notice, terminating or suspending your Accounts or access to the Services, and/or reporting such content or activities to law enforcement authorities.


Content Preservation and Disclosure

We reserve the right to keep, reveal, or retain User Content and Merchant Data in situations where we are required to do so by the law or where we have a good faith belief that such preservation, disclosure or storage is necessary to: (i) comply with legal obligations; (ii) adhere to the terms of this Agreement; (iii) address claims that the User Content or Merchant Data breaches the rights of any individual; or (iv) safeguard the rights, property, or personal safety of Rewardwise, customers, and the public.


ANONYMIZED MERCHANT DATA


As a Merchant, you give us permission to use and share metrics and data related to your use of the Services, as well as any User Content and Merchant Data, by aggregating and anonymizing it. We will have a perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable license to use this anonymized, aggregated data for our own purposes, as long as it cannot be used to identify you, your customers, employees, or any other identifiable individual.


You acknowledge and consent that Rewardwise is the sole owner of Anonymized Aggregated Data, and has the right to create new works and extract information from it. You also agree that Rewardwise may use the Anonymized Aggregated Data to enhance, update, or modify the Services, or for any other purpose as it sees fit. You further acknowledge and agree that Rewardwise may disclose, sell, or publish the Anonymized Aggregated Data to any third party using any method available.


COMPLIANCE WITH LAWS


Compliance with Laws


By using the Services, you confirm that you will abide by all relevant laws and regulations. It is your responsibility to ensure that your use of the Services complies with any Applicable Law. Rewardwise is not responsible if the Services do not fulfill your legal obligations.


Privacy, Data Protection and Anti-Spam Laws


If you are a Merchant, it is your responsibility to comply with privacy, data protection, and anti-spam laws, as part of your compliance with Applicable Laws. You represent and warrant to Rewardwise that:

You will post and maintain a publicly accessible privacy notice on the digital properties from which the underlying data is collected that meets the requirements of applicable privacy and data protection laws.

You will obtain all necessary permissions and valid consents to lawfully transfer data to Rewardwise and enable such data to be lawfully collected, processed, and shared by Rewardwise for the purposes of providing the Service or as otherwise directed by you.

You will provide all necessary notices and obtain all necessary consents required by applicable privacy and data protection laws to enable Rewardwise to deploy cookies and similar tracking technologies lawfully on and collect data from the devices of contacts and end users of the Service, in accordance with our privacy policy.

You will comply with anti-spam laws and obtain the consent of the recipient before sending emails or other electronic messages using Rewardwise. Compliance with anti-spam laws may require you to turn off certain features, such as email notification.


You understand and agree that we have obtained your written permission in advance to handle any requests made by your contacts who are data subjects under privacy or data protection laws, and that we have the discretion to respond to such requests as we see fit. Alternatively, we may direct such contacts to you so that you can handle the request appropriately


SECURITY


Security Measures


Rewardwise will take appropriate technical and organizational measures to protect User Content, including personal information. These measures will be determined based on the cost of implementation and the nature, context, scope, and purposes of processing. However, you acknowledge that using the Services involves transmitting Merchant Data or User Content over networks not controlled by Rewardwise. Therefore, Rewardwise is not responsible for any loss, alteration, interception, copying, or storage of your Merchant Data or User Content across such networks. Rewardwise cannot guarantee that our security procedures will be completely error-free, or that unauthorized third parties will not be able to bypass our security measures or those of our third-party service providers.


We offer the Services to you through data center facilities, which can be accessed remotely over the internet, along with offline components that we provide according to this Agreement. Occasionally, we may use third-party service providers to offer some aspects of the Services, such as data storage and processing. By using our Services, you agree to allow us to hire these third-party service providers to fulfill these tasks


Security Breach


In the event that you discover a security breach in the Services, such as the loss or unauthorized use or disclosure of personal information associated with the services, you must inform us immediately. As a Merchant, Rewardwise will inform you promptly upon becoming aware of any incident involving the loss, unauthorized access, or disclosure of personal information that you control. If a security breach occurs, you must cooperate with us and provide all necessary assistance upon our request.


Maintenance and repairs


From time to time, we may need to suspend or limit your access to the Services in order to make repairs, perform maintenance, or introduce new features or services. While we will do our best to provide notice in advance of any planned outages, unplanned outages may occur without prior warning. We cannot be held liable for any delays or failures to fulfill our obligations under these circumstances if the delay or failure is beyond our control.


THIRD PARTY SERVICES


Third party services


The Services include certain features or functions that are meant to work together with software, applications or services provided by third-party companies (“Third-Party Services”). If you want to use these features or functions, you may have to purchase or access Third-Party Services.


Responsibility


When you use Third-Party Services through the Services, you do it at your own risk. We are not responsible for any Third-Party Services or for any actions or omissions of any Third-Party Service provider. We don't own, operate, or endorse any Third-Party Services and we don't guarantee their availability. If the provider of any Third-Party Services stops making them available for use with the Services, we may stop providing the features or functionality that rely on those services. We may, but are not obligated to, preview, verify, flag, modify, filter, block, or remove Third-Party Services. You are responsible for complying with all agreements and legal requirements that apply to Third-Party Services, and we advise you to review their terms of use and privacy policies to understand how they use your Merchant Data and User Content.


SHARING THIRD-PARTY SERVICES PROVIDERS


by accessing or purchasing Third-Party Services through the Services, you agree to grant Rewardwise access to any accounts you have with the Third-Party Service provider and permission to share your Merchant Data and User Content with the provider. In turn, the provider of the Third-Party Service may access, process, and use your Merchant Data and User Content as necessary for the operation of the Third-Party Service. The provider may also import or export data related to your Accounts and activity, as well as gather data from you and your customers.

Please note that Rewardwise will not be responsible for any disclosure, use, change, or deletion of your Merchant Data and User Content by Third-Party Services. Therefore, it is important to review the terms of use and privacy policies for all Third-Party Services to ensure compliance and determine how they may use your data.


DISCLAIMER OF WARRANTIES


THE USER ACKNOWLEDGES AND AGREES THAT THEY ARE USING THE SERVICES AT THEIR OWN RISK, AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE USER UNDERSTANDS THAT Rewardwise DOES NOT GUARANTEE THAT THE SERVICES WILL MEET THEIR REQUIREMENTS, WORK WITHOUT INTERRUPTIONS, ACHIEVE ANY PARTICULAR RESULTS, BE COMPATIBLE WITH OTHER SOFTWARE OR SERVICES, OR BE COMPLETELY SECURE, ACCURATE, OR FREE FROM ERRORS OR HARMFUL CODE. HOWEVER, THIS DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


INDEMNIFICATION


You are responsible for defending, indemnifying and holding harmless Rewardwise and its affiliates, parents, subsidiaries, licensors and partners, as well as our and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns (the “Indemnified Entities”) from any third-party claims, demands or legal proceedings related to (i) User Content or Merchant Data; (ii) actual or alleged violation of this Agreement; (iii) actual or alleged violations of Applicable Law, including any violations of your obligations of privacy to any person; or (iv) violations of your obligations to your customers relating to your loyalty reward program (such as reward points of your customers) that are managed through the Services.


LIMITATION OF LIABILITY


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Rewardwise AND ITS INDEMNIFIED ENTITIES WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF USE, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR COSTS OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES; (II) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA; OR (III) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, PUNITIVE, OR EXEMPLARY DAMAGES. Rewardwise WILL NOT BE LIABLE FOR ANY THIRD-PARTY SERVICES OR ACTIVITIES OF THIRD PARTIES, OR FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, THEFT OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR YOUR ACCOUNTS OR THE INFORMATION CONTAINED IN YOUR ACCOUNTS, INCLUDING USER CONTENT.