The purpose of this Agreement is to set forth the terms and conditions under which, among other things, (i) Receptio will license to You use of certain of Receptio's technology, software and/or services such that You can utilize the Application through your mobile device, and (ii) You can access and/or use the Website (collectively, the "Purpose"). As stipulated elsewhere in this Agreement, Receptio does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.
Receptio hereby grants You a non-transferable, non-exclusive, revocable, limited license to access and use Receptio's rewards / loyalty software platform commonly referred to as "Receptio Rewards" (the "Application") as made available through its website located at www.receptio.com (the "Website") and/or via mobile application during the Term (as defined below) solely for the Purpose. Receptio may, from time to time, update or modify the Application, release new versions of the Application or create new modules related thereto, each of which may, at Receptio's discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights hereunder including, without limitation, access to the Application.
You shall not directly or indirectly copy or reproduce all or any part of the Application or the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use the Application solely for its intended purposes and shall not use the Application for the benefit of any third party except as specifically contemplated under this Agreement. You shall not use the Application to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, text, messages or other information (collectively, "Posted Information"): (a) in violation of any applicable law, statute, ordinance or regulation; (b) in a manner that will infringe the intellectual property rights of others; (c) that is defamatory, obscene or trade libelous; (d) that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) that is false, misleading or inaccurate in any way; or (f) in violation of the any acceptable use policy or other policy posted at the Website or within the Application from time to time. You shall not violate or attempt to violate the security of the Application. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Application, including, without limitation, any of the software comprising or in any way making up a part of the Application. In addition, You will not export, re-export or permit any third party to export or re-export, directly or indirectly, the Application where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. You shall defend and indemnify Receptio, at Your sole cost and expense, from and against any claims, damages, liabilities and/or expenses arising out of Your breach of any of Your obligations or representations set forth in this Section 3.
You shall be solely responsible for: (i) all Posted Information you input into the Application; (ii) ensuring that all Posted Information is appropriate in tone and is accurate; (iii) complying with all applicable laws, rules and regulations at all times; and (iv) maintaining all passwords and access codes to the Application, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Application.
Receptio shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, Your access to the Application or Your Receptio account for any reason. Notwithstanding the foregoing, Receptio shall not be required to review or monitor any Posted Information entered into the Application or otherwise submitted by You, and You shall be solely responsible for the veracity and accuracy of all such data, content and information.
Receptio does not currently charge its users to access and use the Application, however Receptio may, at any point and in its discretion, elect to begin charging fees for use of various portions of the Application and/or for different levels of subscription or account.
This Agreement shall continue in full force until the earlier to occur of (i) either party providing written or electronic notice of termination to the other party (at which point You shall no longer be entitled to access or use the Application), or (ii) Receptio electing to terminate Your access to the Application, with or without notice (the "Term"). For purposes of clarity, You are entitled to terminate your Receptio account at any time. Upon termination of this Agreement for any reason, You shall no longer be entitled to access or use the Application or any other non-public portions of the Website. In addition to the foregoing, in the event that Receptio determines, in its sole and absolute discretion, that You have breached this Agreement, threatened to breach this Agreement, committed any fraud or deception, breached any Receptio policy in effect from time to time or otherwise failed to perform to the standards required of Receptio, Receptio shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, to terminate, cancel or suspend Your access to the Application, in each of the foregoing cases at any time and for any period of time. Receptio shall not be responsible for the return of any Posted Information of any kind to You upon any termination of this Agreement or suspension of Your access to the Application, including without limitation any information input into the Application by You. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of this Agreement shall survive any termination of this Agreement.
All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between You and Receptio, You shall be deemed to be the sole owner of all Posted Information entered into the Application or otherwise posted by You; and (ii) Receptio is the sole owner of the name "Receptio" as well as the Website, the Application, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to Receptio regarding the Application or the Website shall, upon submission to Receptio, be owned solely and exclusively by Receptio. In addition, Receptio shall be entitled to post feedback at the Website and within the Application (and/or allows others to do so), both positive and negative, regarding any user. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Application shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers' license, if any, of such third party software to Receptio.
In exchange for Your use of the Website and/or the Application, You hereby grant to Receptio an unlimited, perpetual, irrevocable, fully-paid, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform and display any and all Posted Information You post to the Website, submit to Receptio or post through the Application, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, in connection with Receptio performing the services described herein. Finally, You irrevocably waive, and cause to be waived, against Receptio and its users any claims and assertions of moral rights or attribution with respect to Your Posted Information. Receptio shall be entitled to display advertising and/or any other content at locations of its choosing within the Website and/or Application, including without limitation adjacent to Your Posted Information.
You agree to treat as confidential all confidential information of Receptio, not to use such confidential information for any purpose other than to the limited extent necessary to use the Application and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, You shall use at least the same degree of care which You use to prevent the disclosure of Your own confidential information of like importance to prevent the disclosure of confidential information disclosed by Receptio, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice. In addition, during the Term and for a period of one year thereafter, You shall refrain from directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the 1-year period prior to the applicable date, an employee of Receptio to terminate employment with Receptio or to become employed by or enter into contractual relations with any other individual or entity.
Except as explicitly set forth herein, neither Receptio, its affiliates or any of any such party's equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) that the Website or the Application will be error-free, (c) as to a minimum level of uptime for the Application or the Website, or (d) as to the results that may be obtained by You by entering into this Agreement and/or using the Application. You agree and acknowledge that the Application and Website are licensed and/or provided hereunder on an "as is" basis. In addition, You hereby agree and acknowledge that: (i) Receptio shall not be responsible for any actions taken by any other party using the Application or reviewing any of Your Posted Information; (ii) Receptio does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party; (iii) Receptio is not a party to any transaction between you and any store, retailer or business with which Receptio has a business relationship, and as such, any disputes regarding purchases, rewards and/or any other aspect of any transaction or other commercial dealings is solely between You and such third party; (iv) Receptio is not responsible for any other party's compliance with applicable laws, rules or regulations; (v) Receptio's services are administrative in nature and Receptio is not responsible for ensuring that any third party honor any reward, loyalty or other obligations such third party may have towards You; (vi) Receptio shall not, under any set of circumstances, be responsible or liable for an content, text, photographs and/or other Posted Information, including any Posted Information which may violate applicable law and/or a third party's intellectual property rights; and (vii) the Application and/or Website may not function properly or as intended at times.
iTunes® is a registered trademark of Apple Inc. All rights reserved. Apple is not affiliated with rewards or promotions and is not a participant or sponsor of this program.
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Application. While it is Receptio's objective to make the Website and Application accessible at all times, the Website and/or Application may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website or Application may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Receptio, access to the Website and/or the Application may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Receptio shall not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You. YOU AGREE THAT Receptio SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR APPLICATION AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR APPLICATION.
Receptio SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE APPLICATION OR WEBSITE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, Receptio'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING HEREUNDER OR RELATED HERETO SHALL NOT EXCEED $50.
Receptio shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
(a) You agree to abide by all restrictions displayed on the Website and/or within the Application, as and when they are updated from time to time, including, without limitation, the rules in this Section 13. Receptio reserves the right to remove any content You post to the Website or within the Application, block the sending of any inquiry or other content Receptio deems inappropriate in its sole discretion, and may terminate all access to the Website and/or Application at any time in its sole discretion for any or no reason. While Receptio reserves the right to monitor all postings and/or content posted at the Website and/or within the Application, it has no obligation to do so.
Permitted Uses. You may use the Website only in good faith for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that You follow the rules in this Agreement. You may not use the Website or Application, or any business listings, contract information or other content, to promote another business or commercial venture.
Distribution. Except as expressly permitted under other provisions of this Agreement, You may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose.
Derivative Works. You may not create compilations or derivative works of the Website or the Application, the Website or Application content or any other materials from the Website or Application.
Infringement. You may not use the Website, Application, the Website and/or Application content or any other materials from the Website or Application in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of Receptio or any third party.
Information Distribution. You may not use the Website and/or Application or any communications service, chat room, message board, blog, forum, newsgroup, or other interactive service that may be available to You on or through the Website or Application to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that:
Harm to Minors. You may not take any action on the Website or within the Application or use the Website and/or Application content to harm minors in any way.
Solicitation. You may not use the Website or Application or any Website or Application content in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations.
(b) The Website, the Application and the Website and Application content may contain and/or provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website or Application ("Third Party Content") that may include content You find to be offensive, indecent or objectionable. The third party from whom or which any such Third Party Content originates is solely responsible for it and Receptio assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Receptio has no liability of any kind to You or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Receptio expressly states in writing to the contrary, Receptio neither endorses nor adopts as its belief any such statements. Receptio may provide information in articles Receptio posts or links to through the Website only for educational and general informational purposes and not as professional advice. Receptio has made no attempt to verify any information contained in any such articles.
(c) As a convenience to You and other Website visitors, the Website may contain links to websites that are owned and operated by third parties that are not affiliated with Receptio. When You uses these links, You will leave the Website and Receptio will have no ability to protect Your interests. You visits linked websites at Your own risk and it is Your responsibility to take any protective measures to guard against viruses and other destructive elements. Receptio is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website.
If You believe that Your intellectual property or work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Receptio's Agent for Notice with the following information in English (Your "Notice"):
By Mail : email@example.com
Each party shall pay its own costs and expenses in connection with this Agreement and its activities hereunder. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Illinois, without reference to conflict of law principles, and all disputes arising hereunder or in connection with this Agreement, the Website and/or the Application shall be resolved in the appropriate Federal or state court located solely and exclusively in Cook County, Illinois. You hereby consent to exclusive jurisdiction in Cook County, Illinois, and agree not to raise any defense of forum non conviens or any similar defense. The relationship between the parties under this Agreement is that of independent contractors and neither shall be, nor represent itself to be, the joint venture, franchiser, franchisee, partner, agent or representative of the other party for any purpose whatsoever. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, but shall not be assignable by You without Receptio's prior written consent. If any provision of this Agreement is held to be unenforceable or invalid for any reason, or if any governmental agency rules that any portion of this Agreement is illegal or contrary to public policy, the remaining provisions, to the extent feasible, will continue in full force and effect with such unenforceable or invalid provision to be changed and interpreted to best accomplish its original intent and objectives.
All Payment Transactions processed through paytm are non-refundable. You may have additional refund or charge-back rights under your Payment Instrument issuer agreement or applicable state and federal laws. You should review your periodic statement received from the issuer of your Payment Instrument which will reflect all purchase transactions through the Processing Service.
You are responsible for the receipt of the goods or services from the Merchant in lieu of which the payment has been made. Receptio is not responsible for any purchase for which the said goods or services have not been received by you from the merchant. However, in case of issues in transactions such as a double charge, then you may inform us by sending an email to our customer services email address firstname.lastname@example.org. Please include in the email the following details - the mobile number, amount, merchant name, transaction ID. Receptio shall investigate the incident and if it is found that money was indeed charged to your card, bank account or wallet more than once then you will be refunded the money within 21 working days from the date of receipt of your email.
During the length of the Merchant Agreement, Receptio will provide the Receptio services and/or programs (collectively, “Receptio Programs�?) described in the Merchant Agreement separately executed by you, together with all exhibits attached thereto (the “Merchant Agreement�?). In the event of any inconsistency among terms and conditions of the Merchant Agreement and these Terms and Conditions (collectively, sometimes referred to herein as the “Agreement�?), the order of control shall be: (i) these Terms and Conditions, (ii) the Merchant Agreement, and (iii) any other exhibits, addenda or attachments to these Terms and Conditions including any links contained in the Merchant Agreement or these Terms and Conditions, which are incorporated by reference herein. Any capitalized terms that are not defined in these Terms and Conditions have the meanings ascribed to them in the Merchant Agreement. For purposes of clarity, these Terms and Conditions are incorporated by reference into the Merchant Agreement executed by you, and, together with the Merchant Agreement and all attachments thereto, govern your use of all Receptio Programs and services.
(i) Receptio is the sole and exclusive owner of all right, title and interest in and to any data provided to Receptio by your customers or any end user to Receptio in connection with the Receptio Programs, including without limitation all e-mail and/or other contact information (“Customer Data�?). As such, you shall not, unless the applicable customer has separately taken all steps necessary to opt in to provide contact information to you, be provided with or otherwise have access to the Customer Data.
(ii) Receptio owns all right, title and interest in and to the Receptio Programs (which include, for purposes of clarity, all software and/or mobile applications related thereto) including, without limitation, any intellectual property rights and any improvements, modifications, enhancements or refinements thereto. Except as set forth in the Agreement, all rights not expressly granted to you are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the Receptio Programs, intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying or such intellectual property.
(iii) Receptio hereby grants to you a limited, non-transferable, non-exclusive, revocable license to access and use Receptio’s hosted Merchant Web Portal (the “Portal�?) for internal business purposes so long as your account with Receptio remains current and active. If Receptio provides you with a password to access the Portal, you are solely responsible for protecting the password and for any authorized or unauthorized use made of the password. The Portal, and all source code, object code, software, copyrights and other intellectual property associated therewith, are and shall remain the sole and exclusive property of Receptio. You shall refrain from permitting any third party to use your password or otherwise access the Portal. Receptio shall have the right to terminate the license granted hereby immediately in the event that you have breached any terms or conditions set forth in the Agreement or your Receptio account is otherwise terminated for any reason.
(iv) Without limiting any of Receptio’s rights set forth in the Agreement, Receptio reserves the right, in its sole discretion but without any obligation on its part, to reject, remove, delete and/or cancel any information or content displayed or posted on any tablet, the Receptio website, any portion of the Receptio Program, and/or within any print materials, including without limitation any information and/or content that, in Receptio’s view, contains content or links which do not meet Receptio’s specifications or requirements. In addition, Receptio shall be entitled, in its sole discretion and without notice to any party, to redesign and/or modify all or any portion of the Receptio Program (including without limitation any mobile application and/or software) at any time.
You: (i) will use the Receptio Programs solely for your internal business purposes; and (ii) will not, for yourself, any of your affiliates or any third party (a) sell, rent, lease, license or sublicense, assign, distribute, or transfer the Receptio Programs, (b) modify, change, alter, create derivative works of, decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any source code of the underlying ideas, algorithms, file formats, programming, or interoperability interfaces of the Receptio Programs, (c) copy any tangible versions of the Receptio Programs, or (d) remove from any of the Receptio Programs any language or designation indicating the confidential nature thereof or the proprietary rights of Receptio. In addition, you will not export, re-export or permit any third party to export or re-export, directly or indirectly, the Receptio Programs where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. Receptio retains the right, in its sole discretion but without any obligation on the part of Receptio to monitor or evaluate any communications, to approve, modify or refuse any Receptio-related communications or proposed communications or messages to your customers or any Receptio end users.
(i) Receptio’s current fees for the Receptio Programs and its services are set forth in the Merchant Agreement. Receptio reserves the right to amend the fees payable for the Receptio Programs at any time upon thirty (30) days’ prior notice to you; provided, however, that such amendment to the fees will not be applicable until the beginning of the next Subscription Period.
(ii) When you provide your payment information to Receptio, you are providing Receptio with an authorization to process any and all payments as outlined in this Agreement. In certain instances, the payment processing may not occur immediately, and your payment may show as “pending�? during this time period. In addition, Receptio may request an authorization for the amount of your anticipated transaction in advance and may estimate the final value of the transaction, which may be more than the amount of the actual transaction. Receptio will release any funds authorized in excess of the amount of the actual transaction at the time the transaction settles.
(iii) You will be responsible for any sales, use, value-added or import taxes, customs duties or similar taxes assessed in accordance with applicable law with respect to the provision of the Receptio Programs.
(iv) Notwithstanding anything herein to the contrary, Receptio, in its sole discretion, may suspend or terminate the Agreement and corresponding access and right to use all or any portion of the Receptio Programs, at any time, upon electronic or other notice to you, if you have not paid all amounts due on or before the payment due date, or for any other breaches of the Merchant Agreement, these Terms and Conditions, or any other exhibits, addenda or attachments to these Terms and Conditions including any links contained in the Merchant Agreement or these Terms and Conditions, which are incorporated by reference herein. You are responsible for amounts that remain outstanding as of the date of such termination including early cancellation fees. You agree to pay reasonable attorneys’ fees and court costs incurred by Receptio to collect any unpaid amounts owed by you.
(v) Receptio will repair or replace damaged tablets due to normal wear and year or any hardware/software malfunction at no cost to any merchant in good standing. A merchant in good standing is primarily defined as having no outstanding balance due to Receptio, but may be defined by other criteria as specified by Receptio.
The Receptio solution term, as further described below, is effective upon the earlier of the arrival date or estimated arrival date of the solution as stated within the Merchant Agreement. All other subsequent changes or modifications to the merchant agreement are effective upon the completion of the merchant purchase order. You may amend your contract to include additional Receptio features through your Camapign Tab. When you make changes through your Web Command Center, you are providing explicit authorization for Receptio to process payment on your existing Receptio account and method of payment without any further authorization necessary from you.
The Agreement will remain in full force specified in the Merchant Agreement. At the end of any Subscription Plan, unless you select a new Subscription Plan, your Subscription Plan will automatically renew on a month–to–month Subscription Plan at the then-current rates. Effective January 1, 2015, new agreements and/or subscriptions may automatically renew for successive 1-year terms upon expiration of the initial term of any Subscription Plan at the then-current standard rates until such time as either party provides written notice of termination to the other party, in accordance with terms below. Current fees will be charged to the payment method on file unless Receptio is otherwise notified of a cancellation in writing. Although Receptio may choose to send a reminder email prior to charging a customer for a renewal fee, Receptio is not responsible for notifying a customer of this automated renewal.
A merchant may cancel its subscription, thereby terminating this Agreement, solely in accordance with the following cancellation policies:
Money Back Guarantee – If your Merchant Agreement specifies that you are entitled to a “30 day Money Back Guarantee�? you shall, by providing written termination notice to Receptio within thirty (30) days of the Installation Date, be entitled to have the Receptio Kit uninstalled. In order to qualify for your Money–Back–Guarantee, we simply require that you speak to your Merchant Success Manager to set up your program and enroll a minimum of 10 customers during the Money–Back–Guarantee period. If you do not meet these qualifications you will be charged a restocking fee of Rs 2000 upon cancellation. Within thirty (30) days of Receptio’s receipt of the Receptio Kit, Receptio will refund you any money collected for the initial monthly subscription fee in the same manner in which the initial fee was paid. All Onboarding, Activation, or Setup fees are non-refundable. If, after thirty (30) days from the Installation Date and prior to the subsequent Subscription Period, you desire to terminate the Receptio Program, you agree to pay an early cancellation fee equal to six (6) months of your monthly subscription fee. If you subscribe to a variable subscription fee plan, your early cancellation fee is equal to (6) months at the most recent monthly billed rate.
Renewal – At the end of any Subscription Plan, unless you select a new Subscription plan, your Subscription Plan will automatically be renewed on an annual or monthly (as applicable) basis at the then-current standard rates. Customers renewed on a monthly basis must provide written cancellation notice at least sixty (60) days prior to the beginning of the next monthly or annual term (as applicable). Customers renewed on an annual basis must provide written cancellation notice sixty (60) days prior to or within the first thirty (30) days of their renewal period. Although Receptio may choose to send a reminder email prior to charging a customer for a renewal fee, Receptio is not responsible for notifying a customer of this automated renewal.
Subscription Cancellation within the Contract Term – Customers enrolled in Monthly or Annual subscription plans shall provide at least sixty (60) days’ written cancellation notice. If, prior to the subsequent Subscription Period, you desire to terminate the Receptio Program, You agree to pay an early cancellation fee equal to six (6) months of your monthly subscription fee/ If you subscribe to a variable subscription fee plan, your early cancellation fee is equal to six (6) months at the most recent monthly billed rate along with a $50 restocking fee. You will not be entitled to any refund of any pre-paid or prior subscription payments.
Other Events – Each party shall have the right to terminate the Agreement upon written notice to the other party: (i) upon the institution of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of debts of the other party that is not otherwise dismissed within sixty (60) days of such institution; (ii) upon the making of an assignment for the benefit of creditors by the other party; or (iii) upon the dissolution of the other party. Notwithstanding the foregoing, Receptio may terminate the Agreement and/or your access to one or all Receptio Programs in the event you fail to remain current in all fees due and owing to Receptio or in the event you breach any of your obligations under the Agreement. Receptio will cease to collect the monthly subscription fee at the point in time in which Receptio has received your returned Receptio Kit.
In the event of any termination of the Agreement or any Receptio Program, Receptio shall be entitled to send e-mail and/or other communications to some or all of your loyalty program members, notifying each such member of your termination of the Receptio Program. In addition to the foregoing permissible e-mail, Receptio shall be entitled to take other actions, at its discretion, to assist your loyalty program members in protecting the points earned within the Receptio Program and providing them an opportunity to redeem points earned.
In addition, all items in the Receptio Kit must be returned to Receptio in specified return packaging provided by Receptio. If you were not previously provided with specified return packaging, Receptio will provide you with specified return packaging at no cost to you, otherwise you will be charged for packaging materials. You are responsible for all return shipping charges and for any damage incurred in the shipping process. If any item in the Receptio Kit is not returned, Receptio will charge you for the cost of the item not returned. Receptio will prorate the last monthly subscription fee based on the date the Receptio Kit is received by Receptio. You may be required to fill out an exit survey in order to complete any cancellation request. Receptio may refuse to accept the return of its equipment until the exit survey is completed. If You do not complete the exit survey in a timely fashion, You may be charged a fee for missing equipment until the exit survey is completed. Any provision of the Agreement which contemplates performance or observance subsequent to any termination or expiration of the Agreement shall survive any termination or expiration of the Agreement and continue in full force and effect. Upon expiration or termination of this agreement all items in the Receptio Kit must be returned to Receptio within 14 days. If the tablet is lost or not returned within 14 days, you will be charged a penalty fee to cover the tablet equipment costs as well as a non–refundable late fee.
(i) Receptio warrants that Receptio has the authority to enter into this Agreement.
(ii) You represent, warrant and covenant to Receptio that: (a) you have the authority to enter into this Agreement; (b) you will take proper care of the Receptio Kit and/or all equipment provided by Receptio to you and maintain all such equipment in good working order; (c) you will only use the Receptio Programs for lawful purposes and will not violate any law of any country or the intellectual property rights of any third party; and (d) you will not use any Receptio Program to send any e-mail or other communications which violate any applicable regulation, rule, industry protocol or law (including, without limitation, the CAN-SPAM Act).
(iii) EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 6, Receptio EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, Receptio DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO ANY MINIMUM LEVEL OF UPTIME FOR THE Receptio PROGRAM OR THE RESULTS THAT YOU MAY ACHIEVE ON ACCOUNT USING ANY Receptio PROGRAM OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF Receptio PROGRAMS OR SERVICES AND THE INTERNET IS AT YOUR SOLE RISK. Receptio PROGRAMS AND SERVICES ARE PROVIDED ON AN “AS IS�? AND “AS AVAILABLE�? BASIS, AND UNDER NO CIRCUMSTANCES SHALL Receptio BE LIABLE TO YOU OR ANY OTHER PARTY ON ACCOUNT OF ANY DOWNTIME WITHIN ANY Receptio PLATFORM OR APPLICATION. YOU HEREBY ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND/OR PROVIDING INTERNET SERVICE TO ALL LOCATIONS IN WHICH THE Receptio PROGRAMS ARE TO OPERATE.
Any information that a receiving party knows or has reason to know (either because such information is marked or otherwise identified by the disclosing party orally or in writing as confidential or proprietary, has commercial value, or because it is not generally known in the relevant trade or industry) is “Confidential Information�? of the disclosing party and will remain the sole property of the disclosing party. Such Confidential Information includes but is not limited to data, information (including personally identifiable information), ideas, materials, specifications, procedures, schedules, software, technical processes and formulas, source code, product designs, sales, cost and other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, marketing data and other similar information provided by a party. For avoidance of doubt, Customer Data shall be deemed Confidential Information of Receptio. Each party agrees that it will not disclose, use, modify, copy, reproduce or otherwise divulge such Confidential Information to any third party without the prior written approval of the disclosing party except that the receiving party shall have the right to disclose such Confidential Information to the extent required by applicable law or to the directors, officers or employees of the receiving party who have a need to know such Confidential Information in order to perform its obligations under the Agreement and to the extent such directors, officers or employees are subject to obligations of confidentiality and non-disclosure that are substantially similar to the obligations set forth in the Agreement. The prohibitions contained in this Section will not apply to information (i) already lawfully known to the receiving party prior to disclosure by the disclosing party; (ii) independently developed by the receiving party without access to or use of the disclosing party’s Confidential Information; (iii) disclosed in published materials; (iv) generally known to the public; or (v) lawfully obtained from any third party. In addition, a party will not be considered to have breached its obligations under the Agreement to the extent Confidential Information is required to be disclosed by any governmental authority, provided that, to the extent legally practicable, the receiving party advises the disclosing party prior to making such disclosure in order that the disclosing party may object to such disclosure, take action to ensure confidential treatment of the Confidential Information, or take such other action as it considers appropriate to protect the Confidential Information.
In the event of a reward dispute or mistake between a Merchant and User, Receptio may in its sole discretion and without liability of any kind unilaterally make adjustments to User reward points (it being understood that Receptio shall not be (i) obligated to make any such adjustment or otherwise get involved with or provide any assistance towards resolving any such dispute, or (ii) be liable to any party for any damages, expenses or liabilities arising out of any such dispute). To the extent any disputes arise under the Agreement or otherwise between the parties, the parties will first attempt in good faith to resolve their dispute informally. This Agreement is governed by the State of Karnataka and you expressly agree to the exclusive jurisdiction for any claim or dispute with Receptio in the federal and state courts within the jurisdiction of the Indian District Court.
You will defend, indemnify, and hold Receptio and its affiliates and their respective directors, officers, employees, agents and representatives harmless from and against any third party suit, proceeding, assertion against any damages, judgments, liability, costs and expenses (including without limitation any reasonable attorneys’ fees) incurred arising from your breach of this Agreement, your negligence or misconduct, any dispute you may have with any other party in connection with any Receptio Program or otherwise related in any way to any Receptio Program, your unauthorized use or misuse of the Receptio Programs or any unauthorized combination of any Receptio Program with any hardware, software, products, data or other materials not specified or provided by Receptio.
Receptio’s aggregate liability for all claims (including claims for indemnification of third party damages) arising out of the Agreement, whether in contract, tort or otherwise, will not exceed the amount of fees paid by you to Receptio under the Agreement during the twelve (12) months preceding the date on which the applicable claim occurred. To the maximum extent permitted by applicable law, in no event will Receptio be liable for any loss of business profits, business interruption, loss of data or any special, indirect, exemplary, incidental or consequential damages arising from or in relation to the Agreement or the use of the Services or any Receptio Program, however caused and regardless of theory of liability. In addition, Receptio will not be liable for damage (physical or otherwise) incurred by you upon any asset or property from the installation or removal of any Receptio product or add-on in-store and will not be responsible for replacement or cost of repair if damages occur. This limitation will apply even if such damages were foreseeable and you have been advised or are aware of the possibility of such damages.
Except where explicitly provided otherwise herein, any notice required or permitted hereunder will be delivered to the contact person listed on the Order Information as follows (with notice deemed given as indicated): (i) by personal delivery when delivered personally; (ii) by established overnight courier upon written verification of receipt; (iii) by facsimile transmission when receipt is confirmed orally; (iv) by certified or registered mail, return receipt requested, upon verification of receipt; or (v) by electronic delivery when receipt is confirmed orally.
You may not, without the prior written consent of Receptio, assign the Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void; provided, however, that in the event of a sale of substantially all of your assets or equity to a third party or any merger of your entity with an into a third party, this Agreement shall be deemed, without any further action on the part of any party, to automatically be assigned to and assumed by the acquirer in such transaction and as such, shall be binding on such acquirer. The Agreement will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
The Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
This Agreement may be changed by Receptio upon posting an updated version of the Agreement at Receptio’s website and/or within the applicable Receptio Program, any such change to become effective 10 business days after posting such updated version of the Agreement as described above. The failure of either party to exercise or enforce any of its rights under the Agreement will not act as a waiver of subsequent breaches and the waiver of any breach will not act as a waiver of subsequent breaches.
If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law and the other provisions of the Agreement will remain in full force and effect.
Neither party shall be liable to the other if such party is prevented from performing any of its obligations under the Agreement (excluding fee payment obligations) due to any cause beyond the party’s reasonable control including, without limitation, an act of God, fire, flood, explosion, terrorism, war, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, or acts of vandals, or hackers. The time for that party’s performance will be extended for the period of the delay or failure to perform due to such occurrence, except that you will not be excused from the payment of any sums of money owed by you to Receptio provided prior to the force majeure event.
The Agreement will not be construed as creating or constituting a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
Each party will comply with all applicable laws, regulations, and ordinances relating to their performance hereunder.
The Agreement (including, without limitation, the Merchant Agreement and these Merchant Terms) constitute the entire agreement between Receptio and you with respect to the subject matter hereof and all prior oral or written agreements, representations or statements with respect to such subject matter are superseded hereby.
Receptio may, at its sole discretion from time to time, elect to make point adjustments for first-time member visits (such as, by way of example, offering members the opportunity to earn extra points in connection with the first visit to a given Merchant location). These adjustments are intended to encourage greater follow-up participation to your program. This feature is automatically enabled with the onboarding of your loyalty program; provided, however, that you may elect to opt out of this program by providing written notice of such opt-out to Receptio.
The following terms shall, in addition to all of the other terms set forth in this Agreement, govern your use of Receptio’s “Campaign�? platform (the “Campaign Platform�?), which, at a general level, allows you to communicate with Receptio members.
1. You won’t send Spam! While you are responsible for making yourself of aware of current anti-SPAM and similar regulations that may be in effect from time to time, as a general rule, you should assume that if you send people mass email without their permission, you’re spamming.
2. You won’t violate Receptio’s Acceptable Use guidelines, established below, as they may be in effect from time to time, which is part of this Agreement. If you violate any of these rules, Receptio, in addition to any other rights or remedies that Receptio may have hereunder or otherwise, may suspend or terminate your account.
3. In the event you have purchased a subscription which allows unlimited use of Campaign Platform, to the extent that Receptio, in its sole discretion, determines that you are abusing the Campaign Platform, violating any law or regulation, violating the CAN-SPAM Act or any other e-mail regulation or otherwise abusing or misusing the Campaign Platform in any way, Receptio shall, in addition to any other remedies available to Receptio in this Agreement and/or at law, be entitled to unilaterally adjust your allowed use of the product.
You hereby agree and acknowledge that Receptio may, from time to time, offer and administer a program currently referred to as the “Membership Status�? program. Pursuant to such program, Receptio members that are sufficiently active using the Receptio Programs can achieve various levels of status. Receptio shall have sole discretion in determining the activity required to obtain each of the status levels within the Membership Status program from time to time. Receptio members that have achieved any such level of status may be entitled to receive discounts on points and/or other benefits across the entire Receptio network, including without limitation at each of your locations. You hereby agree to honor all such discounts and recognize such status, except to the extent you have opted out of participation in the Receptio Membership Status program by.
1. Pornography or other sexually explicit Emails
2. Emails offering to sell illegal goods or services
3. Emails that violate CAN-SPAM Laws or any other applicable laws or regulations
1. Send Spam (as noted above).
2. Share your password.
3. Use any of the Campaign Platform to create a competing product.
4. Import or incorporate any of this information into any lists, emails or uploads to our servers: Security information, passwords, security credentials, or sensitive personal information of any kind.
5. Send any messages through the Campaign Platform that are not appropriate for its intended use.
6. Use an outside unsubscribe process.
Receptio operates a website located at www.receptio.com and the Application through which certain rewards and/or loyalty programs may be administered, and may avail our mobile wallet to make payments .
There are several areas on the Website and/or within the Application where you may be asked to enter both personal and non-personal information including, by way of example and without limitation, your name, address, phone number, credit card information, birthday, Facebook and/or Twitter usernames, and information regarding your cell phone and/or other mobile device. In addition, when you use the Application Receptio automatically receives and records information on our server logs from your browser or mobile platform, including your IP address and location. Receptio also collects and uses additional information from users such as transaction location, purchase activity, Application open date and time, idle time, and all clicks and/or swipes within the application (together with time and order). Receptio may also collect information posted by users on social media sites for users that have opted to connect to or otherwise link Receptio with social media accounts including Facebook and Twitter. We treat this data as non-personal information for purposes of providing the Services, except where we are required to treat it as personal information under applicable law. We DO NOT sell or share any personal information about you to or with any person or organization except (i) as authorized by you, (ii) as set forth in the relevant portion of the Website, Application or within any agreement between us, (iii) in connection with providing various products or Services to you (either directly or through one or more third parties), (iv) as may be required by law or court order, or (vi) as otherwise set forth herein. In particular, and not in limitation of the foregoing, information you enter at the Website and/or Application (i) will be shared with the merchants or third party service providers with which Receptio has entered into a business relationship in order to provide the Services, and (ii) may be shared with various third parties in connection with making available to you certain offers (which offers may be based on or related to your location at the time the offer is made available to you). In addition, Receptio may sell, disclose or otherwise use information gathered on the Website or within the Application to third parties on an aggregated basis.
(a) Information we receive from you. To use certain of Receptio's Services and/or to access the Application, you'll need to provide certain personal information which may include, without limitation, your name, address, birthday, phone number, Facebook and/or Twitter user names, e-mail address, information regarding your cell phone or mobile device and other information.
(b) Technical information we collect. In order for Receptio to ensure that we are providing the best possible consumer experience on the Website and within the Application, we collect and track certain user information. When you visit the Website, our Web server may send a cookie to your computer. This cookie would be intended to store a limited amount of information about your site visit. The cookie tracks aggregate information on how our site is being used, including session counts, navigation patterns, pages visited, etc. These cookies, however, do not store any personally identifiable information such as your name, email address or phone number as you browse the site. When you submit a question, we store your cookie identification in our system. This cookie allows our site to recognize you when you return. Receptio may also utilize Web Logs to track aggregate information about how our site and/or the Application is being used. Web Logs track anonymous user information, including the number of visitors to the Website, operating systems, Internet Provider addresses (if publicly available), and browser type. Unlike cookies, Web Logs are maintained only on Receptio servers and do not store or place anything on the user's computer.
If you come to the Receptio Website from an online banner ad, an anonymous identification number may be passed to the Website. This information cannot be used to gather any personally identifiable information about you. It will only allow us to track the overall effectiveness of our online advertising, marketing and banner advertisement campaigns.
(c) Other Information we get from your use of the Services. We may collect information about the Services that you use and how you use them. This information includes:
(d) Information from surveys. You may have the option of completing an online survey at the Website or within the Application from time to time. Participation in surveys is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us in connection with any such survey.
(e) Information from the "Contact Us" section of the Website or Application. You may contact Receptio through the "Contact Us" feature. Participation in this area is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us.
(f) Information collected other sections of the Website or Application. Receptio may, from time to time, make various resources available to you at the Website or within the Application. At times we may collect personal information in connection with providing such services.
In addition to the uses of the information described above, Receptio may, from time to time, collect purchasing information and/or data from other sources. Receptio may collect this information for purposes of performing analytics and conducting consumer research. This information may be used to communicate and provide additional information that may be of interest to you and our merchants.
In addition, Receptio may disclose account or other personal information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Receptio's rights or property, other Website or Application users or anyone else that could be harmed by such activities.
(a) Deleting your information. Federal and state regulations may require that we store questions or submissions for various periods of time. In order to comply with these regulations, we may be unable to delete information from our databases.
(b) Altering Information. Receptio may alter, modify or delete any information you submit to the Website or through the Application if it believes, in its sole discretion, it is necessary or desirable to do so.
(c) Request to stop receiving emails from us. Periodically, Receptio may send you emails to alert you to various opportunities or offers available at the Website or within the Application. If you do not wish to receive any of these offers, please send an e-mail to support@Receptiocard.com to remove yourself from our mailing list.
Receptio uses extensive and sophisticated secure technology to protect your data and transmissions between you and Receptio. Transmission between browsers and our web server is implemented using either Secure Sockets Layer (SSL) technology or Receptio's proprietary mobile application that utilizes SSL-encrypted communication. This technology requires an SSL-capable browser. Although Receptio has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Receptio cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party. Your personally identifiable information and other information we obtain from you via the Website or the Application may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
All Payment Transactions processed through the Receptio's Fun Pay Wallet Processing Service are non-refundable to Buyer by Receptio. You may have additional refund or charge-back rights under your Payment Instrument issuer agreement or applicable state and federal laws. You should review your periodic statement received from the issuer of your Payment Instrument which will reflect all purchase transactions through the Processing Service.
You are responsible for the receipt of the goods or services from the Merchant in lieu of which the payment has been made. Receptio is not responsible for any purchase for which the said goods or services have not been received by you from the merchant. However, in case of issues in transactions such as a double charge, then you may inform us by sending an email to our customer services email address email@example.com., Please include in the email the following details - the mobile number, amount, merchant name, transaction ID. Receptio shall investigate the incident and if it is found that money was indeed charged from your wallet to the merchant, card to the wallet or bank account into the wallet more than once then you will be refunded the money within 21 working days from the date of receipt of your email.