Terms of Service

1. Agreement to Terms

Welcome to Naga Perks by Giya. These Terms of Service ("Terms") govern your access to and use of the Naga Perks mobile application, website, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Service Description

Naga Perks is a hyperlocal discovery and privilege platform that connects three types of users:

• Customers: Earn points by shopping at participating businesses and redeem rewards.
• Businesses: Create loyalty programs, offer deals, and engage with local customers.
• Influencers: Promote businesses through affiliate marketing and earn commissions.

The Service facilitates QR code-based point redemptions, discount offers, exclusive deals, rewards programs, and social sharing features to enhance local community engagement.

3. User Eligibility

To use Naga Perks, you must:

• Be at least 13 years of age (or 18 years for business accounts)
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Comply with all applicable laws and regulations

By creating an account, you represent and warrant that you meet these eligibility requirements. We reserve the right to refuse service or terminate accounts that violate these requirements.

4. User Roles and Responsibilities

4.1 Customer Responsibilities

As a customer, you agree to:

• Provide accurate information when creating your account
• Use the Service for personal, non-commercial purposes only
• Scan QR codes only for legitimate transactions at participating businesses
• Redeem rewards and deals in accordance with their specific terms and conditions
• Not abuse, exploit, or manipulate the points system
• Provide honest and constructive reviews and ratings
• Report any suspicious activity or technical issues

4.2 Business Responsibilities

As a business user, you agree to:

• Provide accurate business information, including name, address, contact details, and operating hours
• Maintain a valid business license and comply with all local regulations
• Honor all published deals, rewards, and point-earning opportunities
• Generate and display QR codes for customer point redemption
• Verify customer eligibility before approving point claims or reward redemptions
• Respond promptly to customer inquiries and disputes
• Not create fraudulent deals, misleading offers, or deceptive marketing
• Maintain adequate inventory to fulfill rewards and deals
• Pay applicable fees and commissions in a timely manner
• Protect customer privacy and data in accordance with our Privacy Policy

4.3 Influencer Responsibilities

As an influencer, you agree to:

• Promote businesses honestly and transparently
• Disclose your affiliate relationship in compliance with advertising regulations
• Not engage in deceptive, misleading, or fraudulent marketing practices
• Generate referrals through legitimate means only
• Comply with platform content guidelines and community standards
• Not spam, harass, or engage in unethical promotional tactics
• Accurately represent the businesses and offers you promote

5. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized access or security breach
• Log out from your account when using shared or public devices

We are not responsible for unauthorized access to your account if you fail to maintain password confidentiality. You agree to accept responsibility for all activities that occur under your account.

6. Points and Rewards System

6.1 Earning Points

Customers earn points by making qualifying purchases at participating businesses. Points are awarded based on criteria set by each business, which may include:

• Purchase amount (e.g., 1 point per ₱10 spent)
• Visit frequency (e.g., bonus points for repeat visits)
• Specific products or services purchased
• Promotional events or special campaigns

Points are credited to your account after the business verifies and approves the transaction via QR code scan. Points may take up to 24 hours to appear in your account.

6.2 Redeeming Rewards

Accumulated points can be redeemed for rewards offered by participating businesses. Each reward has specific redemption requirements, including:

• Minimum point balance required
• Expiration dates or blackout periods
• Quantity limitations or availability restrictions
• Terms and conditions set by the business

Once redeemed, rewards cannot be refunded, exchanged, or transferred. Rewards must be used within the specified validity period.

6.3 Point Expiration and Forfeiture

Points may expire or be forfeited under the following circumstances:

• Account inactivity for more than 12 consecutive months
• Account closure or termination
• Violation of these Terms or fraudulent activity
• Business discontinuation of loyalty program
• Expiration dates set by individual businesses

Naga Perks reserves the right to modify, suspend, or terminate the points system at any time with reasonable notice.

7. Deals and Promotions

Businesses may offer discounts, exclusive deals, and promotional offers through the Service. All deals are subject to:

• Specific terms and conditions set by the offering business
• Availability and inventory limitations
• Expiration dates and redemption deadlines
• Geographic restrictions and location requirements
• Exclusions or special conditions (e.g., "not valid with other offers")

Naga Perks is not responsible for the quality, availability, or fulfillment of deals offered by businesses. Any disputes regarding deals should be resolved directly with the business. We reserve the right to remove deals that violate our policies or applicable laws.

8. Business Obligations

Businesses using Naga Perks must comply with the following obligations:

• Accuracy: Ensure all information, deals, and rewards are accurate and up-to-date
• Fulfillment: Honor all published offers and commitments to customers
• Legal Compliance: Maintain valid licenses, permits, and comply with all applicable laws
• Customer Service: Respond to customer inquiries and resolve disputes professionally
• Quality Standards: Maintain reasonable quality standards for products and services
• Non-Discrimination: Treat all customers fairly without discrimination
• Payment: Pay applicable fees, commissions, and transaction costs as agreed

Failure to meet these obligations may result in account suspension, termination, or legal action.

9. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any laws, regulations, or third-party rights
• Impersonating any person or entity, or falsely stating your affiliation
• Engaging in fraudulent activities, including fake reviews, fake transactions, or point manipulation
• Using the Service for any unauthorized commercial purposes
• Interfering with or disrupting the Service or servers
• Attempting to gain unauthorized access to any part of the Service
• Transmitting viruses, malware, or other harmful code
• Harvesting or collecting user information without consent
• Spamming, harassing, or abusing other users
• Posting offensive, defamatory, or inappropriate content
• Reverse engineering, decompiling, or disassembling the Service
• Using automated bots, scripts, or scrapers without permission

Violation of these prohibitions may result in immediate account termination and legal action.

10. Intellectual Property Rights

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, software, and design, are owned by Naga Perks by Giya or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for personal or business purposes as intended. You may not:

• Copy, modify, distribute, or create derivative works from our content
• Use our trademarks, logos, or branding without written permission
• Remove or alter any proprietary notices or labels
• Frame or mirror any part of the Service without authorization

User-generated content (reviews, photos, comments) remains your property, but you grant us a worldwide, royalty-free, perpetual license to use, display, reproduce, and distribute such content in connection with the Service.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAGA PERKS BY GIYA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Service interruptions or system failures
• Errors, omissions, or inaccuracies in content
• Unauthorized access to or alteration of your data
• Actions or conduct of third parties, including businesses and users
• Quality, safety, or legality of products or services offered by businesses

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ₱1,000, WHICHEVER IS GREATER.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12. Indemnification

You agree to indemnify, defend, and hold harmless Naga Perks by Giya, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable laws
• Your violation of any third-party rights
• Any content you submit or transmit through the Service
• Your interactions with other users or businesses

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of law principles.

13.2 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service, you agree to first contact us at 0919 863 3539 or teamocsph@gmail.com to attempt to resolve the matter informally.

If the dispute cannot be resolved informally within 30 days, either party may initiate formal dispute resolution proceedings. You agree to submit to the exclusive jurisdiction of the courts located in Naga City, Camarines Sur, Philippines.

13.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in any class action, collective action, or representative proceeding.

14. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including:

• Violation of these Terms or our policies
• Fraudulent, abusive, or illegal activity
• Prolonged account inactivity
• Non-payment of fees or charges
• At our sole discretion to protect the Service or other users

You may terminate your account at any time by contacting us at 0919 863 3539 or teamocsph@gmail.com. Upon termination:

• Your access to the Service will be revoked
• Unused points and unredeemed rewards may be forfeited
• You remain liable for any outstanding obligations
• Provisions intended to survive termination will remain in effect

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by:

• Updating the "Last Updated" date at the top of this page
• Sending an email notification to your registered email address
• Displaying a prominent notice within the Service

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and close your account.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features or services, constitute the entire agreement between you and Naga Perks by Giya regarding your use of the Service, superseding any prior agreements or understandings.

18. Contact Information

If you have questions, concerns, or feedback regarding these Terms of Service, please contact us: