TERMS AND CONDITIONS FOR VOUCHERS
Actycity.com, referred to as “the website” or “this Website, is operated by Pronoesis (“the
company). Throughout the document, the terms “we”, “us” and “our” refer to Pronoesis.
These Provider Terms and Conditions (the “Terms and Conditions”) govern and are incorporated into the Pronoesis Agreement between Pronoesis and Provider (collectively, the "Agreement"). Pronoesis, subject to the provisions of this paragraph, may amend the Agreement in its sole discretion and at any time. Provider agrees that either or both of these notification methods constitute adequate notice to inform Provider of any amendments to the Agreement and Provider further agrees to be bound by any such amendments to the Agreement upon such notification.
"PROVIDER OFFERING" means the services to be provided by the Provider, stated on the
Voucher as presented by www.actycity.com. Values determined by Provider.
"NUMBER OF VOUCHERS" means the maximum number of Vouchers Actycity.com is authorized to administer the sale of on behalf of the Provider.
"FULL OFFER VALUE" means the Amount Paid plus the Promotional Value.
"CONSUMER PRICE" means the amount a purchaser pays for each Voucher.
"ACTYCITY PROMOTIONAL VALUE" means the Full Offer Value less the Amount Paid.
"PROMOTIONAL VALUE EXPIRATION DATE" means the date stated on the agreement when the Promotional Value expires.
"REMITTANCE AMOUNT" means the amount Pronoesis shall remit to Merchant for each Voucher, subject to the payment terms.
a. Pronoesis is authorized to promote and sell Vouchers on Provider’s behalf subject to the terms of this Agreement. The Voucher will evidence the Provider’s Offering and will be sent to the purchaser electronically or hand delivered once payment is received. The purchaser will then redeem the Voucher with the Provider by presenting the Voucher in paper. Provider is the issuer of the Vouchers and seller of the Provider Offering. If there is a conflict between this Agreement and the Terms of Sale, the Agreement controls.
b. Pronoesis is authorized to promote and sell Vouchers on Provider's behalf through any platform, including its feature deal-of-the-day, affiliates, business partner network, marketplace, or referral network. The Vouchers may be offered to all or part of Actycity.com subscriber base or its affiliate subscriber base or referral network and segmented by various variables including gender, age, location, and consumer preferences. The features may be offered through a variety of distribution channels, including, the Internet, the Website, affiliate websites, business partner network, email, mobile applications, other types of electronic offerings and other platforms or distribution channels owned, controlled, or operated by Actycity.com, its affiliates or business partners.
c. Actycity.com is authorized to promote and sell up to the Maximum Number of Vouchers in multiple markets and on dates in its discretion. If Provider elects to offer recurring month-to-month features, then actycity.com will promote and sell up to the Maximum Number of Vouchers for the initial feature, then promote and sell up to the Monthly Maximum Number of Vouchers for subsequent features. Provider’s shall specify the Maximum Number of Vouchers and, if applicable, specify the Monthly Maximum Number of Vouchers, and may increase either number in its discretion.
d. Actycity.com reserves the continuing right to reject, revise, or discontinue any Provider Offering, at any time and for any reason in actycity.com sole discretion, and to terminate the Provider Offering and to remove all references to the Provider Offering and Voucher from the Website; and redirect or delete any URL used in connection with the Provider Offering.
e. Provider shall honor the Vouchers for the Provider Offering through the Promotional Value Expiration Date. After the Promotional Value Expiration Date, PROVIDER AGREES TO REDEEM THE VOUCHER FOR THE AMOUNT PAID INDEFINITELY.
f. After the Promotional Value Expiration Date, Provider must always allow the purchaser to redeem the Voucher for the Amount Paid toward the Provider Offering. If the goods and services constituting the Provider Offering and stated on the Voucher are no longer available, the Provider must always allow the purchaser to redeem the Voucher toward any goods or services then offered by the Provider equivalent to at least the Amount Paid.
g. Partial redemptions: If applicable, and if a purchaser redeems a Voucher for less than the Amount Paid, the Provider is responsible for handling any unredeemed value as required by applicable law.
h. Provider agrees that in providing the Provider Offering, Provider will not inflate prices or impose any additional fees, charges, conditions or restrictions that contradict or are inconsistent with the terms stated on the Voucher, including the Fine Print. Unless disclosed in the Fine Print, Provider further agrees not to impose different terms or a different cancellation policy than what is imposed on its non-actycity.com customers.
i. Provider agrees that so long as an appointment or reservation is made to redeem a Voucher, or purchaser has made an attempt to make an appointment, before the Voucher's Promotional Value Expiration Date, the Voucher will be honored for the Full Offer Value without restriction, even though the services may be provided after the Promotional Value Expiration Date.
j. Provider is responsible for all purchaser service in connection with the Provider Offering and for supplying all goods and services stated in the Provider Offering. Provider is also responsible for any purchaser loyalty programs associated with the Provider Offering.
k. If applicable, Provider will hold the Provider Offering for pick-up by each purchaser at the Redemption Site. The "Redemption Site" is the complete and accurate address provided by Provider to Actycity.com where purchasers are able to redeem the Voucher to pick-up the provider Offering. Provider also agrees to provide Actycity.com with the hours and dates of operation, complete with any exceptions, and a valid phone number for the Redemption Site. If any of the information related to a Redemption Site changes, Provider agrees to notify Actycity.com immediately of such change.
a. Amounts retained by Actycity.com from the proceeds of the Provider’s Offering are compensation to Actycity.com for marketing, promoting, and advertising the Provider’s Offering and distributing the Vouchers on behalf of Provider’s. Provider shall retain the Remittance Amount in trust for the benefit of purchasers holding unredeemed Vouchers until Provider delivers the Provider Offering, refunds the holder of any unredeemed Voucher or escheats the amount required to a taxing authority, if applicable. The funds held in trust shall be returned to Actycity.com upon demand for refunds to purchasers. Actycity.com is authorized to review Providers credit history, which may include a soft credit check.
b. For the initial payment, Pronoesis shall pay Provider Actycity Promotional Value of the Net Remittance Amount (as defined herein) less any Promotion Adjustment (as defined herein) for each Voucher sold on first week of every month after the voucher get redeem. For Vouchers is Redeem, Pronoesis shall process payment once month (as specified in Provider’s Account) to Provider for each Voucher sold since the last payment processing date. If any payment processing date for any payment falls on a holiday or weekend, the payment will be processed on the next business day.
c. Actycity.com is authorized to initiate transaction entries to Providers depository account at the depository financial institution named in this Agreement or as otherwise provided to Actycity.com by Provider in writing ("Provider Bank Account"). Only in the event of an error, Actycity.com is authorized to initiate debit entry adjustments to the Provider Bank Account to correct any error.
d. Taxes Generally. It is Provider’s responsibility to determine what, if any, taxes apply to the payments Provider makes or receives, and it is Provider’s responsibility to collect, report and remit the correct tax to the appropriate tax authority. Actycity.com is not responsible for determining whether taxes apply to Provider’s transaction with either purchasers or Actycity.com, or for collecting, reporting or remitting any taxes arising from any transaction with or by Provider and purchaser.
e. Transaction Taxes. Provider bears sole financial responsibility for any and all sales, use, excise, general, GST, or other similar taxes, including any interest penalties and additions related thereto, imposed on or arising from the transactions contemplated by this Agreement between Actycity.com and Provider (“Transaction Taxes”), if any. Actycity.com shall apply the applicable Transaction Tax to the amounts it retains and/or other fees remitted to Actycity.com pursuant this Agreement. Transaction Taxes are calculated using the Provider’s billing address and will be included on invoices. Tax rates are subject to change. If applied, Transaction Taxes will be calculated at the time of each payment using the rates in effect under current law.
Customer Data Restrictions
a. "Customer Data" means all identifiable information about purchasers generated or collected by Actycity.com or Provider, including, but not limited to, purchasers' name, shipping addresses, email addresses, phone numbers, purchaser preferences and tendencies, and financial transaction data.
c. Provider shall immediately notify actycity.com if Provider becomes aware of or suspects any unauthorized access to or use of Customer Data or any confidential information of actycity.com, and shall cooperate with actycity.com in the investigation of such breach and the mitigation of any damages. Provider will bear all associated expenses incurred by actycity.com to comply with applicable laws (including, but not limited to, any data breach laws) or arising from any unauthorized access or acquisition of Customer Data while such data is in Provider's reasonable possession or control. Upon termination or expiration of this Agreement, Provider shall, as directed by actycity.com, destroy or return to actycity.com all the Customer Data in Provider’s or any agent of Merchant's possession.
Term and Termination
This Agreement will continue in effect until terminated by either party in accordance with this Section ("Term"). Actycity.com is authorized to terminate this Agreement, at any time for any reason, upon written notice to Provider. Provider is authorized to terminate this Agreement upon seven (7) business days prior written notice to Actycity.com. Termination of this Agreement will not in any way affect Provider’s obligation to redeem any Voucher according to the terms of this Agreement, including the obligation to honor the Voucher for the Amount Paid after the Promotional Value Expiration Date. Provisions in this Agreement that are intended to survive termination will continue in full force and effect after the Term.
Actycity.com and its business partners may communicate with Provider with regard to products, promotions, and other services that may be of interest to Provider. This may include email or other communications. Actycity.com may also solicit Provider’s opinion for market research purposes.
In order to purchase a Voucher, Purchaser will need to register an account with us through
our Website. Voucher ordered through our Website will be delivered automatically by hand
deliver or electronic means to the shipping address/email address you specify at the time of
order within 2 to 7 working days. Our Voucher include unique numbers and configurable
patterns. voucher must be redeemed at the place of Provider as mentioned on our website.
One person can redeem only one time within 3 months from the date of Purchase of Voucher of
Voucher cannot be used to purchase a further Gift Certificate or cash. when Purchasing a Voucher, you should ensure to enter the recipient’s information correctly. No cash shall be refunded nor credit note issued for part utilization of the Voucher We cannot be held responsible if the address is entered incorrectly and someone other than the intended recipient uses the Voucher. Vouchers can be redeemed before the expiration date. After Expiration date Vouchers stands to void and discontinue. Vouchers cannot be exchanged for cash. We are not responsible if a Voucher is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances. Once the Voucher is Ordered from the website www.actycity.com with the particular recipient name and address purchaser cannot denied to accept and return the voucher and has to make the payment to the delivery boy. Dispute, if any, arising will be subject to Mumbai Jurisdiction.