These Merchant Terms of Service (“Merchant Terms”) govern your use of the Perks Hive platform as a business (“Merchant”). By registering for a Perks Hive merchant account, you agree to these Merchant Terms and our Privacy Policy.

Consumers using loyalty cards should refer to the Consumer Terms of Service.

1. The Perks Hive Service

Perks Hive provides a wallet-native loyalty infrastructure platform that allows you to:

Create and issue branded digital loyalty cards to your customers via Apple Wallet and Google Wallet
Track customer visits, stamp activity, and reward redemptions via the Merchant Dashboard
Send push notifications to enrolled customers
Run promotional campaigns and seasonal loyalty offers

2. Account Registration

You must provide accurate and complete business information including your business name, and contact details (such as email or phone number)
You are responsible for maintaining the security of your merchant account credentials
You must ensure your nominated account representative has authority to enter into these Terms
Accounts are non-transferable without prior written consent from Perks Hive

3. Subscription and Billing

3.1 Pricing Plans

Perks Hive offers tiered subscription plans as listed on perksapp.co/pricing. Current plan features and pricing are incorporated into these Terms by reference.

3.2 Billing

Subscriptions are billed monthly in advance
Payment is processed by Stripe. By subscribing, you authorise Stripe to charge your nominated payment method on a recurring monthly basis
All prices are in Australian Dollars (AUD) and inclusive of GST

3.3 Cancellation

You may cancel your subscription at any time through the Merchant Dashboard
Cancellation takes effect at the end of the current billing cycle
We do not provide refunds for unused time in a billing period, except as required by the ACL
Upon cancellation, your loyalty cards remain visible to enrolled customers until the end of the billing period

3.4 Changes to Pricing

We will provide at least 30 days written notice before changing subscription pricing. Continued use after the effective date constitutes acceptance of the new pricing.

4. Your Responsibilities

4.1 Loyalty Program Accuracy

You are solely responsible for the accuracy, legality, and fulfilment of your loyalty program terms
You must honour all rewards and vouchers issued to customers through your Perks Hive loyalty card
You must clearly disclose your loyalty program terms to your customers
You must notify customers of any items or transactions excluded from points or stamp eligibility

4.2 Prohibited Use

The following activities are strictly prohibited and will result in immediate account suspension:

Creating or operating any promotion that constitutes a lottery, prize draw, or scheme of chance under Australian law
Issuing rewards or vouchers that have cash value or can be exchanged for cash
Creating fraudulent stamp or point transactions
Using the Perks Hive platform to send unsolicited commercial messages without customer consent
Using the platform for any purpose that violates Australian law or the Australian Consumer Law
Integrating Perks Hive data with any aggregator platform in a way that replicates Grab/Shopee-style data ownership

5. Data Ownership and Processing

You, the Merchant, own all personal data collected from your customers through the Perks Hive platform. Perks Hive acts as a data processor on your behalf. We use your customer data only to deliver the Perks Hive service — not for our own marketing or to sell to third parties.

You are the Data Controller; Perks Hive is the Data Processor under the Privacy Act 1988 (Cth)
You are responsible for providing a compliant privacy notice to your customers at the point of enrollment
You must obtain customer consent for marketing communications before using Perks Hive's push notification features
You may export your full customer database at any time from the Merchant Dashboard
Upon account termination, we will make your customer data available for export for 30 days, then securely delete it

A full Data Processing Agreement (DPA) is available and forms part of these Merchant Terms.

6. Intellectual Property

Perks Hive owns all intellectual property in the platform, including design, source code, and branding
You retain ownership of your logos, brand assets, and content that you upload to the platform
You grant Perks Hive a non-exclusive licence to use your brand assets solely for the purpose of creating and displaying your loyalty cards and merchant profile

7. Platform Availability

Perks Hive will use commercially reasonable efforts to maintain platform availability. We do not guarantee 100% uptime. Planned maintenance will be communicated in advance where possible.

Perks Hive is not liable for any loss of business or revenue caused by platform downtime, technical issues, or changes to Apple Wallet or Google Wallet platform policies.

8. Term and Termination

8.1 Termination by Merchant

You may terminate your account at any time via the Merchant Dashboard. See Section 3.3 for billing consequences.

8.2 Termination by Perks Hive

Perks Hive may suspend or terminate your account:

Immediately, if you breach Sections 4.2 (Prohibited Use) or engage in fraud
With 5 business days notice to remedy, for non-material breaches of these Terms
With 30 days notice, if we elect to discontinue the service

8.3 Effect of Termination

Upon termination: (a) your loyalty cards will be deactivated; (b) customers will be notified that the program has ended; (c) your data will be available for export for 30 days before deletion.

9. Limitation of Liability

To the maximum extent permitted by law, Perks Hive's total liability to you for any claim arising from your use of the merchant platform is limited to the total subscription fees you paid to Perks Hive in the 3 months preceding the claim.

Perks Hive is not liable for: indirect or consequential loss; loss of revenue or profits; loss of customer data caused by your own actions; or claims arising from your failure to honour loyalty rewards.

10. Indemnification

You agree to indemnify and hold harmless Perks Hive from any claims, losses, or damages (including legal costs) arising from: your breach of these Terms; your loyalty program's failure to comply with applicable law; or your failure to honour rewards issued to customers.

11. Dispute Resolution

Disputes should first be raised with support@perksapp.co. If unresolved within 14 business days, both parties agree to attempt mediation in Melbourne, Victoria before commencing court proceedings. Mediation costs are shared equally.

12. Governing Law

These Terms are governed by the laws of Victoria, Australia. Both parties submit to the exclusive jurisdiction of the courts of Victoria.

13. Entire Agreement

These Merchant Terms, together with the Privacy Policy, Data Processing Agreement, and Refund Policy, constitute the entire agreement between Perks Hive and the Merchant. They supersede all prior agreements or representations.

14. Contact

Merchant Support: merchants@perksapp.co
Legal: legal@perksapp.co
Website: perksapp.co/contact
ABN: 82 501 453 599