Terms & Conditions for DealPerk LLC


Please read below for our summary of our terms and conditions and our privacy policy. Please note that your privacy is extremely important to us and we will not share your personal information with anybody other than those listed in our Privacy Policy.

  • An account is required to make any purchase on our site so that you may view past orders, modify your preferences and settings, and print your orders.
  • When you place an order, you offer to purchase the product based on the restrictions, merchant-specific restrictions, and the terms and conditions as stated below.
  • DealPerk requires your permission to send you administrative and promotion emails as a condition of purchase. We will be sending you emails regarding your purchases and activities, including promotional offers and updates about our site. You can feel free to opt-out of our emails at any time by unsubscribing through your preferences.
  • DealPerk is not responsible for the services or products for which DealPerk Perks (from now on defined as “Perks”) may be redeemed. Dealperk does not warrant to the end users for the safety, usability, quality, or any other aspect of the product or service for which the Perk is redeemed. Certain services may involve bodily harm (such as kayaking or fitness promotions, etc.), and for those activities, DealPerk is not responsible for the activity or service offered. The end user is completely responsible for his or her own actions in using the services when redeeming the services.
  • The Perk you buy is redeemable for services or goods by the seller of the services or goods (from now on defined as “Merchant”). The Merchant (and not DealPerk) is the seller of the services and goods. DealPerk solely sells the Perk that can be redeemed in connection with your purchase of the services or goods from the Merchant.
  • Any further questions you may have regarding these terms may be addressed directly by contacting DealPerk.

DEALPERK LLC

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site www.dealperk.com (“Site”), you (“End User” or “you”) agree to the terms and conditions as stated below by DealPerk LLC. If you do not agree to the terms and conditions, please exit the site immediately. DealPerk reserves the right to change the Terms of Use and/or Privacy Policy as necessary without prior notification to you. Please read our Terms and Conditions and Privacy Policy from time to time as you continue to use our site. If we make changes to our Terns and Conditions and/or Privacy Policy and you continue to use our site, you are agreeing to the Terms and Conditions and Privacy Policy.

I. TERMS OF USE

1. Definitions for DealPerk

“DealPerk” is providing an interactive online service run by DealPerk LLC (from now on defined as “DealPerk) on the internet (“World Wide Web” or the “Web”). Dealperk, affiliates, and third parties provide transactions and content on the Web

2. General

By using this Site, you, the End User, agree to comply with all of the Terms and Conditions. The right to use this Site is personal to you, the End User, and is not transferable to any other person or entity. The End User shall protect his or her own password, email, and any other confidential information provided. The End user acknowledges that while the Internet is usually secure, there are interruptions that are beyond the control of DealPerk. In such cases, DealPerk is not responsible for any data lost during the transmission of information through the Internet. The Site may be inaccessible for maintenance, suspended, or terminated from time to time. DealPerk has the right to alter, suspend, or terminate any feature or aspect of DealPerk.

3. Modification of Terms

DealPerk reserves the right to modify, discontinue, or terminate any Terms of Services and/or Privacy Policy as necessary. Changes may include the addition of fees or charges. We suggest that you re-read the Terms of Services and/or Privacy Policy from time to time to be informed of such changes. If you continue to use our Site after such changes to the Terms of Services and/or Privacy Policy, you are impliedly agreeing to the new Terms of Services and Privacy Policy expressed herein. Any modifications, deletions, or additions to the Terms of Services and Privacy Policy are effective immediately. Any use of DealPerk by the End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

4. Privacy.

The End user acknowledges that any postings or discussions on DealPerk are public. DealPerk does not control or endorse the content found in such postings or discussions. DealPerk is not liable for any action resulting from End User participation on the webpage, including objectionable content. View the Privacy Policy for additional Privacy information.

5. Copyright and Trademarks

Everything on this Site is exclusive property of DealPerk LLC. Any distributing, copying, posting, linking, deep linking, modification, or transmitting without the written permission of DealPerk LLC is strictly prohibited and may result in copyright, trademark, and/or intellectual property right infringement, resulting in severe civil and/or criminal penalties and persecution. DealPerk LLC owns the copyright in the arrangement, selection, and display of content including the photos, video, graphics, music, text, and descriptions. The End User may not publish, copy, or transmit the content, unless explicitly expressed in written approval by DealPerk LLC. Any trademarks within the Site are exclusive property of DealPerk. The End user shall not upload or post any material protected by copyright, trademark, or intellectual property right without permission of the owner of the copyright. DealPerk does not have to express any responsibility to determining whether the End User’s postings are infringing. By submitting anything onto the Site, the End User is solely liable for any harm resulting from the infringement of copyrights, trademark, and intellectual property. By submitting information to any public area on the Site, the End User warrants that the owner of the material has granted DealPerk to post, modify, store, reproduce, and/or view such material.

6. Trademarks

DealPerk is a trademark of DealPerk LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on DealPerk are the property of their respective owners.

7. Limited Liability Disclaimer

The End User expressly agrees that using the site as at the End User’s sole risk. Neither DealPerk, any affiliates of DealPerk, 3rd party content providers, nor licensors, warrant that the use of the Site is error free without interruption, nor do they make any warranty as to: the results that may be obtained from using the Site and the accuracy, reliability and/or content of any information, service or merchandise provided through this Site. The Site is used on an “as is” basis with no warranties of any kind, expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. This limited liability disclaimer applies to any damages or injuries caused by error, defect, delay in operation, computer virus, theft, destruction, or failure of performance.

DealPerk, nor any person or entity involved in creating or distributing this site or the contents hereof, is not responsible for any damages arising out of the use of or inability to use the Site. The End User acknowledges that the provisions of this section shall apply to all content on this site.

DealPerk, affiliates of DealPerk, content partners, or information providers shall not be liable, regardless of the cause or duration, for any inaccuracies, omissions, errors, or other defects in, or untimeliness or unauthenticity of, the information contained within this site, or for any interruption or delay in the transmission thereof to the end user, or for any losses or claims arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation punitive or consequential damages or lost profits.

DealPerk is not responsible for any content that any users post on this site. DealPerk reserves the right to remove, modify, alter, or prohibit any content deemed unsuitable. DealPerk reserves the right to monitor the site at all times, including any discussions, forums, or chat. By posting any communication on the Site, the End User grants DealPerk a royalty-free, irrevocable, perpetual, non-exclusive license to reproduce, modify, publish, edit, translate, distribute, perform, use, and display the communication.

8. Responsibility of Equipment

DealPerk shall not be liable for any damages to the End User's equipment resulting from the use of this Site. You are responsible for maintaining equipment needed for the use of this Site.

9. Indemnification

The End User agrees to defend, indemnify and hold harmless DealPerk, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site by End User.

10. Third Party Content

DealPerk is a distributor of content supplied by third parties and End users. Any opinions, statements, offers, services, or advice expressed by third parties are those of the respective author(s) or distributors. DealPerk and any third-party provider of information does not guarantee the accuracy and completeness of the content. DealPerk does not endorse and is not responsible for any opinions, statements, services, offers, and other information or content expressed or made available by third parties. In certain cases, the content on the Site represents the opinions and judgments of the respective end user, information provider, or other user not under contract with DealPerk. DealPerk does not endorse, nor is DealPerk responsible for, the accuracy and realiability of the advice, opinion, or statement made.

DealPerk is not liable for any damage or loss caused by an End User’s reliance on information obtained through DealPerk. It is up to the End User to take responsibility in evaluating the completeness and accuracy of the information, opinion, or content available through DealPerk.

DealPerk contains link to third party Webpages managed and maintained by other content providers. DealPerk provides these links solely for convenience, and not as an endorsement by DealPerk. The use of the links and access to the third-party sites are at the End User’s sole risk. DealPerk reserves the right to remove or modify any links on the Site at any time without prior notification.

11. Termination

DealPerk reserves the right to terminate this Agreement at any time. DealPerk also has the right to terminate any accounts of End Users at its sole discretion in the event of any breach by the End User of this agreement, or by conducting unacceptable behavior.

12. Miscellaneous

This Agreement and any operating rules for DealPerk established by DealPerk constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

DealPerk's headquarters are in Irvine, California. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of California (exclusive of its rules regarding conflicts of laws). By using this Site, the End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site, shall be finally settled by arbitration in Irvine, California under the rules of arbitration of the American Arbitration Association.

II. TERMS OF SALE

By placing an Order, you make an offer to us to purchase the Perk(s) you have selected on the terms and conditions stated below. You, the End User, are required to have or create an account in order to purchase any products on our Site. It is required so that we may provide you with your buying history, preferences, and allow you to print out your Perks.

The Perk you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not DealPerk, is the seller of the goods and services and is solely responsible for redeeming any DealPerk you purchase. DealPerk sells a Perk that can be redeemed in connection with your purchase of the goods or services from Merchant.

Please read below carefully.

1. Terms and Conditions for Restaurant-Specific Perks

A “Restaurant” is a merchant who sells food and beverage during regular business operations, and is making such food and beverages available to purchasers of DealPerk Perks.

  • It is at the discretion of the restaurant to allow or not allow the Perk to be used in conjunction with any promotions, coupons, third party certificates, or any other certificates.
  • Perks cannot be used for tips or tax, unless the restaurant will allow such actions.
  • The Perks are valid for dine-in only, unless otherwise stated.
  • Sale, trade, or reproduction of the Perk is prohibited unless otherwise stated with the law.
  • The seller and restaurant are not responsible for any certificates that are stolen, nor are they responsible for any loss of certificate numbers.
  • Issuing of restaurant credit as at the sole discretion of the restaurant unless otherwise stated by the law.
  • Any attempted redemption not consistent with these terms and conditions will render the Perk null and void. Void to the extent prohibited by law.
  • Any Perk used for less than the face value will not result in any form of credit, reimbursement, or cash difference equal to the difference between the face value and the amount actually redeemed unless required by the law.

2. Terms and Conditions for Non-Restaurant Merchant Perks

  • Limit 1 Perk per redemption per order, unless otherwise stated by the Merchant.
  • Merchant Perk may be applied only to merchandise sold by merchant, and may not be applied to shipping or handling charges.
  • The issuing of credit is at the sole discretion of the merchant unless otherwise required by law.
  • The seller and restaurant are not responsible for any certificates that are stolen, nor are they responsible for any loss of certificate numbers.
  • Perk cannot be combined with any other Perks, third party certificates, coupons, or promotions, unless otherwise specified by merchant.
  • Sale, trade, or reproduction of the Perk is prohibited unless otherwise stated with the law.
  • Any attempted redemption not consistent with these terms and conditions will render the Perk null and void. Void to the extent prohibited by law.
  • Any Perk used for less than the face value will not result in any form of credit, reimbursement, or cash difference equal to the difference between the face value and the amount actually redeemed unless required by the law.

3. Other Terms and Conditions for All DealPerk Products

All Perks purchased and printed from the DealPerk website are promotional vouchers offered to customers below their face value are subject to the terms and conditions of the participating Merchant and DealPerk. The Merchant is the seller of the goods and services that you are purchasing. The holder and issuer of the Restaurant-specific Perk is the restaurant. The holder and the issuer of a Merchant Perk is the Merchant. The restaurant or Merchant is completely responsible for any damages, claims, injuries, losses, costs, or pain suffered by or in respect of a customer, caused in whole or in part by the restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Perks. Restaurant-specific Perks and Merchant Perks are redeemable in their entirety only and may not be redeemed incrementally. The Merchant is responsible for allowing you to redeem your Perk for the cash value based on the money you paid for the Perk for a period of time that may extend beyond the expiration date as listed on the Perk. (If you paid $20 for a Perk which provides $40 worth of value to the Merchant, the cash value paid is $20 and not $40.) This is a statutory provision which applies solely to the merchant. The Merchant is solely responsible (in no way is DealPerk responsible, as DealPerk is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional Perk on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.

Last Updated March 15, 2010.