The following Terms of Service (“ToS”) regulate the terms and conditions of the services provided in relation to “EcoPerq” website available at www.ecoperq.com and “EcoPerq” product, a web-based digital loyalty program available at www.app.ecoperq.com (“Service”) by Pontly Solutions Kft. (having its registered seat at 1138 Budapest, Sólyatér utca 11., 2/3, Hungary, registered in the Hungarian company registry under the number 01-09-400216; hereinafter referred to as “we” or as the “Service Provider”). These ToS sets out the rights and obligations of the Service Provider, the natural person users (consumer side) and the companies/entrepreneurs who have joined to the digital loyalty program (business side) in connection with the use of the Service, regardless of the place of performance or the location of these users.
Through the Service it provides, it aims to help Partners to be more successful in encouraging their customers to shop more often with the help of the Service, thereby increasing their consumers' loyalty to the business.
Service Provider aims to achieve these goals in the following ways: (a) increasing user loyalty to specific stores through closer relationships; (b) providing Partners with valuable statistical-based reports (excluding personal data) to better understand and improve the performance of their own business; (c) contributing more sustainable economic activities through tree planting by combining everyday purchases with environmentally conscious activities.
Fee means the fee to be paid by the Partners for using the Service as described below in section 6.
Partner means all businesses (legal persons) that implement the Service.
User means all natural persons who wish to use the Service after registration described in Section 2.
Agreements covered by these ToS are concluded in English language.
By accepting these ToS, both the Users and the Partners accept that the agreement between them and the Service Provider is a written agreement, and the agreement thus concluded (the fact of acceptance expressed by active behavior) will be archived by the Service Provider for 5 years. Service Provider shall make the agreement available to the contracting party upon request until the expiry of the retention period.
The parties entering into an agreement with us, acknowledge that the service agreement is concluded by accepting these ToS. Service Provider shall not be subject to the provisions of a code of conduct in connection with the provided services.
These ToS shall cover all legal relationship regarding the use of the services offered by the Service Provider.
We provide registered Users and Partners with the possibility to check and correct the data entered during the registration process as follows:
You may use our Service after completing the registration process with your Google account.
The service is only available from a web browser, from the User’s phone. The Service is available from the following territories: Member States of the European Union, Switzerland, United Kingdom.
In order to access the Service, you have to accept these ToS and our Privacy Policy.
You are only eligible to use the Service and fulfil the registration process if you are at least 16 years old. You warrant that the information provided during registration process is correct and up to date.
The registered user profile can be deleted at any time but cannot be restored once deleted. All personal data linked to the registered User will be deleted, so the user profile (including any bonuses or discounts collected up to that point) will be pseudonymized in our database.
We provide registration to the Partners by direct request, based on the data provided through a prior consultation.
Partners are required to have a user profile regarding the Service, which is linked to the locations they operate and the information they need to use the Service. The user who registers a Partner on the business page undertakes to ensure that the data concerning the Partner he/she operates is accurate and that he/she is authorized to operate and represent the Partner he/she has registered.
To create a Partner account, the Partner needs to finalize the profile based on the instructions provided in the confirmation email, thus ensuring exclusive access to its account. The Partner starts the registration by entering an email address. By submitting his/her e-mail address, the user accepts these ToS and the Privacy Policy. After providing the e-mail address, the Service Provider will contact the business user to request the following data for registration: (a) contact information (e-mail address, name, telephone number) and (b) company details (company logo in vector format, company name, tax number, billing information, delivery address).
To ensure seamless functionality of our Service, it is imperative for our Partners to register themselves and also submit the email addresses of all their employees who will be using our Service. These email addresses must be the same ones used by the employees during their registration with our Service. This step is crucial for accurately assigning employees to the respective Partner within our system. Such alignment is essential for facilitating the employees' ability to process and complete reward redemptions for Users (consumers collecting loyalty points).
Furthermore, it is the responsibility of each Partner to maintain the accuracy of this employee information. In the event of any changes in their workforce – such as new hires, departures, or changes in email addresses – Partners are required to notify us immediately. This is vital to ensure that the Partner’s configuration within the Service remains up-to-date and functional. Timely updates from our Partners help us in maintaining the integrity and efficiency of the reward redemption process, thereby enhancing the overall experience for both our Users and Partners.
Inadequate or delayed reporting of employee changes may lead to complications in reward processing, which we strive to avoid. It is crucial to understand that we, as the Service Provider, will not take responsibility for any issues or disruptions that arise as a direct result of a Partner's failure to promptly and accurately update employee information. This includes, but is not limited to, any problems related to reward redemption, discrepancies in loyalty point allocation, or any miscommunication between Users and the Partner.
Based on provided data, the Service Provider will record the Partner's locations and supply a digital starter pack, including print-ready images of unique QR code stickers and flyers for using the Service. We provide these digital files only; the Partner is responsible for printing and placing them at their locations.
Partners must not adjust, customize, or modify these image files in any way, as they are integral to the EcoPerq branding. The responsibility for ensuring that printed materials meet quality standards and are effectively displayed lies with the Partner. Our role is to supply high-quality, ready-to-use digital designs for printing. Effective implementation of these materials is key to the smooth operation of our Service.
Bonuses and discounts provided are collected according to the following steps:
User acknowledges that bonuses, discounts or gifts available in the loyalty program launched by the Partner are limited in quantity and therefore, User may check the current available rewards with the Partner before making a purchase.
Each Partner sets its own loyalty program rules, including check-in frequency, point requirements for rewards, and the nature of the rewards.
User acknowledges and agrees that the discounts indicated in the loyalty program advertised by the Partner may change during the point collection process. If the originally advertised discount is no longer available from the Partner, the Partner may replace this reward of equal value.
The Partner may, at its own discretion, change the number of points to be accumulated to qualify for the rewards through the Service, but without the approval of the Service Provider. User acknowledges that it is beyond Service Provider’s control if the Partner discontinues the Service. In this case, the points accumulated by the User with the relevant Partner will be lost, and the Service Provider will not be liable for this, as Service Provider has no control over the withdrawal of the Partner. User may claim any legal damages resulting from this directly against the Partner.
User has the right to redeem discounts and bonuses at any of the Partner's locations if the Partner uses the Service in more than one location (however the User is not entitled to combine discounts between different partners).
Service Provider displays to its Users the types of discounts and the conditions for their use, which the Partner shall define. Subject to this, Service Provider only acts as an intermediary service provider in connection with the discounts offered by the Partner. Service Provider has no influence on the duration and other conditions of the loyalty program set by the Partner.
We confirm that the content of the Service is protected by copyright and is the intellectual property of the Service Provider.
We are devoted to environmental protection, and as part of this commitment, we actively support tree planting initiatives through third-party organizations. These contributions, made on our account, stem directly from the engagement of our users in our rewards program. We want to make it clear that these environmental contributions are not made on behalf of, or attributed to, any User or Partner. Such environmental activities are not for sale; they represent our own pledge to foster sustainability.
Under this initiative, for every reward redemption milestone achieved by our Users, we commit to planting a tree. This begins with the planting of the first tree upon the redemption of 20 rewards. Subsequent trees will be planted for each additional set of redemptions, incrementing by one each time (i.e., the second tree at 41 total redemptions, the third at 63, and so on). Through our Service, we may share aggregated data showcasing the collective positive climate impact achieved through our tree planting efforts and the use of our Service.
DISCLAIMER: Remember, although climate actions with the Service can lead to a positive impact on our climate, it is not a carbon-neutral ticket. We encourage you to keep making sustainable choices every day.
The Service is free of charge for Users.
The Partners are charged for each reward redeemed by the Users. Charges include a minimum monthly Fee, which pre-pays for a certain number of redemptions (“Fee”).
The fee is due every 30 days and payable in advance. We will publish the applicable prices by the types of Service indicated as follows on our website.
Partners receive monthly invoices regarding the Fee that include the next month’s fixed fee (minimum monthly fee) and additional charges for any custom services and/or extra redemptions beyond the prepaid amount.
The subscription is concluded for an indefinite period of time. The parties have the right to terminate the contract by notice.
Users may terminate the agreement without giving any reason by deleting their user profile.
Partners may terminate the agreement without giving any reason 24 hours before the turnaround date for the Partner’s subscription package. Both the Service Provider and the Partner may terminate the agreement at any time before the first point accumulation event without giving any reason.
Service Provider shall be entitled to terminate the agreement by unilateral declaration in the event of any serious breach of the agreement by the User/Partner. Non-payment of the fee by the Partner constitutes a serious breach of agreement. We are entitled to terminate your subscription with immediate effect if we have reason to believe that you or a person unknown to you is using the Service without permission or you have otherwise breached these ToS, in particular the followings.
User may only use the Service for your personal use. You shall refrain from the following conduct:
Declarations of termination of the agreement may be made by e-mail provided by the parties for communication purposes. Service Provider shall consider any message sent from the e-mail address provided by the User/Partner as a legally binding declaration.
We are entitled to unilaterally modify these ToS at any time. We shall inform you of any such amendments by email 30 (thirty) days prior to their entry into force, by placing such information on our website or when you checking in at a location as User. Such notification shall include the right of termination of your subscription.
If you do not wish to accept the amendments, you shall be entitled to terminate the subscription no later than the date on which the amendments enter into force. If you do not terminate the subscription before the entry into force of the amendment, it shall remain in force between the parties with the amendments.
Service Provider has no responsibility for the results to the Partners. In connection with the non-achievement of results, the Partners may not make any claims against the Service Provider, including for loss of profits, if the expected positive business impact is not realized for the service or product displayed in the loyalty program.
The User may assert any complaints related to the services or products of the Partner against the Partner.
Service Provider excludes its liability if the Partner does not provide the possibility of collecting points on the site registered by the Partner and if Partner does not provide the redemption of the discounts, bonuses, gifts to which the User is entitled at all or only in limited numbers. The resulting penalties (e.g. penalties imposed by a consumer protection authority) are the sole responsibility of the Partner.
Partner warrants that the Service provided by Service Provider is based on the data and information provided and uploaded by the Partner. Any part of the information provided shall not infringe the rights of third parties, whether natural persons or companies, including but not limited to copyright, intellectual property rights, personal rights, etc.
We may suspend access to the Service at any time for maintenance activities related to the Service. We will inform Users and Partners of the date and duration of the planned maintenance, preferably 5 working days in advance.
Our Privacy Policy related to the data processing activity is available at: https://www.ecoperq.com/privacy-policy
If you are concerned about an alleged breach of law, contact us on our website.
The parties shall attempt to settle all disputes arising out of these ToS primarily by amicable means. The present ToS shall be governed by Hungarian law, and the Hungarian authorities and courts shall have jurisdiction to settle any disputes arising therefrom.
If you are unable to settle your consumer dispute with us, you may enforce your rights in the following ways:
Contact details of the Budapest Conciliation Board:
address: 1016 Budapest, Krisztina krt. 99., III. floor. 310., Hungary
postal address: 1253 Budapest, PO Box 10., Hungary
email address: [email protected]
fax: 06 (1) 488 21 86
telephone: 06 (1) 488 21 31
If you have additional questions or concerns, please contact us:
name: Pontly Solutions Kft
address: Hungary, 1138 Budapest, Sólyatér utca 11, 2/3, Hungary
contact form: available on our website
website: https://www.ecoperq.com/
We may notify you by email or by publication at https://www.ecoperq.com/terms-of-service of information relating to the Service in accordance with applicable law.
You are obliged to update your contact details if those are changed during the use of the Service.
