Gift Card Terms for the Perky App

These terms cover your purchase of Gift Cards through the Perky App. They are in addition to:

• the Gift Card Refund Policy for the Perky App (the Gift Card Refund Policy), which forms part of these terms and explains what happens if there is a problem with your Gift Card;
• the Perky Platform Terms of Use, which govern your use of the Perky App itself and are between you and Perky; and
• the terms of the retailer, brand or issuer whose Gift Card you buy (the Retailer Terms), which govern how and where the Gift Card can be redeemed and are between you and that retailer.

You may buy Gift Cards only if you are at least 18 years old, you are a registered user of the Perky App whose employer has made the discounts benefit available to you, and you are buying for your own personal use (including as a gift to someone else) as an individual (not a business) and not for resale.

Each Gift Card is shown with its face value (the amount that can be spent with the retailer) and the price you pay for it. The discount depends on the retailer and on how you pay:

• paying by debit or credit card gives the retailer’s standard discount;
• paying by instant bank transfer (open banking) gives a larger discount, because it costs us less to process and we pass this saving onto you as a discount uplift; and
• paying with Reward and Recognition credit gives no discount: the full face value is deducted from your credit balance, under the rules of our gift card processor.

Where you pay with a Flex Pot or other employer-funded allowance, the price shown for that payment method at checkout applies. The “save up to” figure shown for a retailer is the instant bank transfer discount. The price for each payment method is shown before you choose it, and the price shown for the method you select is the total amount payable; there are no additional fees or charges from us. Discounts vary by retailer and can change or be withdrawn at any time; the discount that applies is the one shown when you complete your purchase. You can buy one Gift Card per transaction, up to the maximum value set for that retailer.

We take reasonable care to ensure prices are correct, but if a Gift Card has been obviously mispriced we may cancel your order before delivery and refund anything you have paid.

To buy a Gift Card, select the retailer and value, review the order summary (which shows the face value, the price and the payment methods available), confirm that you have read and accept these terms and the Gift Card Refund Policy, and complete payment. Your order is placed when you confirm payment.

You can pay by:

• debit or credit card, processed by Stripe;
• bank transfer using open banking, processed by TrueLayer;
• funds from a Flex Pot or other allowance your employer has made available to you in the App, where your employer permits it to be used for Gift Cards; or
• Reward and Recognition credit awarded to you in the App, where your employer permits it to be used for Gift Cards.

Payment is taken in full when you place your order. We do not store your full card details; they are handled by our payment providers under their own terms and privacy notices. Where you pay using employer-funded allowance or credit, your employer’s rules on how those funds may be used apply, and the funds are deducted from the relevant balance at the point of purchase.

We accept your order, and a contract for the Gift Card is formed, when we deliver the Gift Card to you in the App. We may decline an order before then, for example because the Gift Card is unavailable, because it has been mispriced, because payment has not been authorised, or because we suspect fraud or a breach of these terms. If we decline your order after taking payment, we will refund you in full using your original payment method.

We do not send order confirmation emails. Your order confirmation, the Gift Card itself, these terms and the Gift Card Refund Policy as they stood when you ordered, and a record of the consent and acknowledgement described under “Loss of the right to cancel” below, are made available in your order history in the Perky App as soon as your order is accepted, in a form you can download and save. Please save a copy; you will lose access to the App, and to your order history, when your employer closes your account.

Gift Cards are digital content. We deliver your Gift Card by making its Gift Card page available in your account in the Perky App (under Orders) immediately after payment is confirmed; in most cases this happens within a minute. The Gift Card page is hosted by our gift card processor. To see the card details and use the card you tap “Activate Card” on that page; you can do this straight away or when you are ready to spend it. A Gift Card is delivered when its page is made available in your account, whether or not you have activated or viewed it. In some cases delivery may take longer while payment or the retailer’s systems complete; we will deliver within 14 days of your order at the latest, and if we cannot we will tell you and refund you.

If your Gift Card does not appear, do not buy it again. Contact Perky at support@perkybenefits.co.uk so that it can be traced. If you buy the Gift Card again before we have had a chance to investigate, we may not be able to refund the second purchase, as explained in the Gift Card Refund Policy.

Because a Gift Card is digital content that is delivered immediately, you will be asked at checkout to consent expressly to delivery beginning, and our service being fully performed, straight away, and to acknowledge that, once the Gift Card has been delivered to you, you will lose the legal right to cancel the purchase and receive a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Once a Gift Card has been delivered, the purchase is final and you cannot cancel it or change your mind, including if you chose the wrong retailer or the wrong value. This does not affect your legal rights if the Gift Card is faulty, which are explained in the Gift Card Refund Policy.

Cancelling before delivery. In the unusual case that your Gift Card has not yet been delivered, you may cancel your order at any time before delivery by emailing Perky at support@perkybenefits.co.uk or us at support@jointendr.com, quoting your order reference. You may use the model cancellation form at the end of these terms, but you do not have to. We will refund you within 14 days of your cancellation using the method you paid with.

Once delivered, your Gift Card can be viewed in the Perky App. It can be redeemed only with the retailer(s) named on it, in accordance with the Retailer Terms, which may include an expiry date, restrictions on which stores, websites or products it can be used for, limits on combining it with other offers, and rules on checking the balance. Please read the Retailer Terms before you buy, and check the expiry date.

Treat your Gift Card like cash. Anyone who has the code can spend it. We are not responsible for Gift Cards that are lost, stolen, shared, screenshotted or used without your permission after they have been delivered to you, and they cannot be replaced or refunded in those circumstances, unless the code was exposed through a failure of our or Perky’s systems. Gift Cards cannot be exchanged for cash, and no change or refund is given by us for any unspent balance.

Save your Gift Cards before you leave your employer. Your access to the Perky App, and to the Gift Cards stored in it, ends when your employer closes your account. We do not email Gift Cards to you. Gift Cards you have already been delivered remain valid in accordance with the Retailer Terms, so before your account closes activate each card and save its details, or save the link to its Gift Card page. The Gift Card page remains accessible from its link after your Perky account closes. If you lose access before you have done so, contact Perky at support@perkybenefits.co.uk within 12 months of your account closing. Once your identity has been verified in a proportionate way, we will re-send the link to any Gift Card we can retrieve from our records; we cannot replace a Gift Card that has already been redeemed.

A Gift Card is a means of paying the retailer. When you redeem it, your contract for the goods or services you buy is with the retailer. We are not responsible for the retailer’s products, prices, stock, delivery, returns, refunds or customer service, and any dispute about a purchase you make with a Gift Card should be raised with the retailer. Retailers can change their terms, their participating outlets and their acceptance of Gift Cards, and can close stores or stop trading. The Gift Card Refund Policy explains our position if a retailer becomes insolvent.

The retailers and discounts available in the Perky App can change at any time, and a retailer’s Gift Cards may be temporarily unavailable. We recommend buying a Gift Card in good time before you intend to use it. We do not guarantee that any particular retailer or discount will remain available.

We may refuse orders, cancel undelivered orders, or suspend or end your ability to buy Gift Cards where we reasonably suspect fraud, misuse, resale, use of someone else’s payment details, or repeated payment disputes or chargebacks made in bad faith, where you are no longer eligible, where Perky asks us to, or where our arrangement with Perky ends. We may recover from you any loss we suffer as a result of your fraud or bad-faith chargebacks. Gift Cards already delivered to you before any suspension remain yours.

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill, but we are not responsible for loss or damage that is not foreseeable.

We do not exclude or limit our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, for fraud, or for breach of your legal rights in relation to digital content, including the right to receive digital content that is as described, fit for purpose and of satisfactory quality.

We are not liable for business losses. Gift Cards are for your personal use. If you buy them for any commercial, business or resale purpose we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We are the controller of the personal data we process to sell and deliver Gift Cards to you and to take your payment. How we do so is explained in the Tendr Platform Privacy Notice, available at https://jointendr.notion.site/platform-privacy. Perky’s Privacy Notice (www.perkybenefits.co.uk/privacy/platform) explains how your personal data is used on the Perky App more generally.

We may change these terms from time to time. The version shown at checkout when you place an order is the version that applies to that order. Please check the terms each time you buy.

If you have a complaint, contact Perky first at support@perkybenefits.co.uk. Perky will do its best to resolve it and will involve us where necessary. We do not currently participate in an alternative dispute resolution scheme. If we are unable to resolve your complaint, we will tell you, and you may bring a claim in court as set out below.

These terms are governed by English law and you can bring legal proceedings in the courts of England and Wales. If you live in Scotland you can also bring proceedings in Scotland, and if you live in Northern Ireland you can also bring proceedings in Northern Ireland.

We may transfer our rights and obligations under these terms to another organisation; we will tell you if this happens and it will not reduce your rights. Perky may enforce the sections of these terms headed “Who can buy Gift Cards”, “Using your Gift Card” and “Our right to suspend or end your ability to buy Gift Cards”. Otherwise, no one other than you and us has any right to enforce these terms, and we may change or end these terms without Perky’s consent. If a court finds part of these terms unenforceable, the rest will continue to apply. If we delay in enforcing these terms, we can still enforce them later.

Complete and return this form only if you wish to cancel an order for a Gift Card that has not yet been delivered to you.

To: Tendr Limited, Level 5a Maple House, 149 Tottenham Court Road, London W1T 7NF; support@jointendr.com (or via Perky at support@perkybenefits.co.uk)

I hereby give notice that I cancel my contract for the supply of the following Gift Card: ____________________

Ordered on: ____________________

Order reference: ____________________

Name of consumer: ____________________

Address of consumer: ____________________

Signature of consumer (only if this form is notified on paper): ____________________

Date: ____________________