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Ordering for Shipment Services

Perk Hero Software Inc. (The “Company”)
Last Updated: July 31, 2020

These Ordering for Shipment Services are for merchants located in Canada. Perk Hero Software Inc. (“Perk Hero” or the “Company”) reserves the right to update and change the Ordering for Shipment Services by posting updates and changes. You can review the current version of the Ordering for Shipment Services at any time at https://perkhero.com/ordering-for-shipment-services/. You are advised to check the Ordering for Shipment Services from time to time for any updates or changes that may impact you.

By using the ordering for shipment services (the “Ordering for Shipment Services”) offered by Perk Hero you are agreeing to be bound by the following terms and conditions (“Ordering for Shipment Services”), which are in addition to the Merchants Terms of Use (https://perkhero.com/merchant-terms-of-use/) and the Privacy Policy (https://perkhero.com/privacy-policy/). 

Capitalized terms used herein and not otherwise defined are defined as set forth in the Merchant Terms of Use.

You agree to use the Ordering for Shipment Services in accordance with all procedures that may be provided to you by Perk Hero from time to time. If you do not agree with these procedures, then you are not permitted to use the Ordering for Shipment Services.

A. Your Responsibilities

Perk Hero serves only as an intermediary between you and your customer. You are responsible for shipping to your customers. Perk Hero is not responsible for picking up, transporting, delivering or otherwise dealing with your shipment. 

As a condition of enabling orders for shipment through Perk Hero, you agree to provide Perk Hero with accurate and complete information about your business and product and shipment information, including without limitation product weight and delivery method information. You represent and warrant that all information you have provided to the Company is accurate and complete. You agree not to use the Ordering for Shipment Services for any illegal or unauthorized purpose. You agree not to use that it will not use the Ordering for Shipment Services, to violate any laws in its jurisdiction or the laws of Canada or the Province of British Columbia.

You are responsible for compliance with all local and international shipping and customs regulations.Perk Hero will not be responsible for any local customs charges, import taxes or duties or any similar charges related to your shipments. You must figure out whether any of these charges will become due, and arrange for their payment. If any such charges become due as a result of Merchant’s use of the Ordering for Shipment Services, the Merchant agrees to reimburse Perk Hero fully in respect of the same within 7 days of Perk Hero’s demand and agree that Perk Hero may charge your credit card as described below under the heading “Fees”.

The Merchant agrees to indemnify and hold Perk Hero and (as applicable) its parent, subsidiaries, affiliates, Perk Hero’s partners, officers, directors, agents, and employees, harmless from any liability, expense, loss, claim or demand, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Order for Shipment Service, your breach of these Ordering for Shipment Services or the documents it incorporates by reference, your violation of any law or the rights of a third party, any data uploaded by you or on your behalf, or any of your actions or omissions related to the Ordering for Shipment Services.

You must read, agree with and accept all of the terms and conditions contained in these Canadian Shipping Terms before you begin to use the Canadian Shipping Services.

You agree to use the Canadian Shipping Services in accordance with all procedures that may be provided to you by Perk Hero from time to time. If you do not agree with these procedures, then you are not permitted to use the Canadian Shipping Services.

The Canadian Shipping Services allows you access to purchase Canada Post Corporation (“Canada Post”) postage to assist you with fulfilment for your Perk Hero orders.

PERK HERO PROVIDES ACCESS TO ORDERING FOR SHIPMENT SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERK HERO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ORDERING FOR SHIPMENT SERVICES. PERK HERO DISCLAIMS ALL CONDITIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. PERK HERO SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF ORDERING FOR SHIPMENT SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OF ANY KIND, (INCLUDING LOSS OR DAMAGE TO GOODS SHIPPED), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ORDERING FOR SHIPMENT SERVICES. IN NO EVENT SHALL PERK HERO’S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE SHIPPING SERVICES FOR THE GOODS TO WHICH YOUR CLAIM RELATES.

B. Fees and Payment

Wholesale Products

Merchant and Perk Hero may agree in writing to a discounted rate off of the Merchant’s regular retail price as provided by the Merchant to Perk Hero (the “Regular Retail Price” or “RRP”) for the Merchant’s products (the “Wholesale Price”). Perk Hero agrees to list the products on the Perk Hero App and sell the products at the RRP and Merchant agrees to sell the product to Perk Hero at the Wholesale Price.

Perk Hero agrees that it will not change the price for the Merchant’s products listed on the App from the Merchant’s RRP without Merchant’s consent. If Merchant lowers the listed retail price for its product on a platform other than the Perk Hero app, Perk Hero may contact the Merchant to match that listed retail price. 

If Merchant raises their listed retail price on a product that is listed on the Perk Hero app, the Merchant agrees to inform Perk Hero of this new price, otherwise the prior agreement of the RRP will remain in effect. 

Payouts

You hereby authorize Perk Hero to enter your business information and set up your Stripe account for you to receive payments through your Stripe Connected account. 

Perk Hero will send payouts to the Merchant’s Stripe Connected account which will automatically be transferred to the Merchants bank account attached to their Stripe Connected account. 

As default, Merchant shall receive payments on a weekly basis. The Merchant can request Perk Hero of their preference at any time to change this to daily, weekly or monthly. Regardless of payout schedule, all payouts will only include payments that were made by customers three (3) days prior to the payout date and will not include any payments made by customers in the three days immediately prior to the date of payout.

For greater certainty, payouts will be calculated as follows:  RRS plus applicable taxes – Wholesale Price plus applicable taxes.  Merchant will not be charged any additional payment processing fees.

There are no fees to the Merchant in setting up the Merchant merchant profile in the Perk Hero marketplace.

Shipping Fees

Merchant agrees to use its best efforts to provide accurate shipping rates by locale or country to Perk Hero.  Merchant agrees to cover the cost of any differences in the shipping fee after final sale through Perk Hero, between the rates provided by the Merchant to Perk Hero or set up at Perk Hero.

C. General Terms

Perk Hero reserves the right to modify, suspend or terminate the Ordering for Shipment Service or your ability to use the Ordering for Shipment Service at any time, for any reason, either with or without notice to you.

You acknowledge and agree that your use of the Ordering for Shipment Service, including information transmitted to or stored by Perk Hero, is governed by Perk Hero’s privacy policy at https://perkhero.com/privacy-policy/

These Ordering for Shipment Services shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any dispute or claim arising out of or in connection with these Ordering for Shipment Services. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Ordering for Shipment Services and is hereby expressly excluded.

You acknowledge and agree that Perk Hero may amend these Ordering for Shipment Services at any time by posting the relevant amended and restated Ordering for Shipment Services at https://perkhero.com/ordering-for-shipment-services/, and such amendments to the Ordering for Shipment Services are effective as of the date of posting. Your continued use of the Ordering for Shipping Services after the amended Ordering for Shipment Services terms are posted constitutes your agreement to, and acceptance of, the amended Ordering for Shipment Services terms. If you do not agree to any changes to the Ordering for Shipment Services, do not continue to use the Shipping Service.

The failure of Perk Hero to exercise or enforce any right or provision of these Ordering for Shipment Services shall not constitute a waiver of such right or provision.

If a court finds any portion of these Ordering for Shipment Services to be unenforceable or invalid, that portion of the Ordering for Shipment Services will be enforced to the fullest extent permitted by applicable law and the remainder of the Ordering for Shipment Services will remain valid and enforceable.

Questions about these Ordering for Shipment Services should be sent to [email protected].