Valley Eats Inc. Perks and Perks Plus
TERMS & CONDITIONS
Effective Date: January 28th, 2021
All Valley Eats Perks and Perks Plus benefits, amenities, offers, awards, and services are
subject to availability and may be changed by Valley Eats Inc. at any time without notice. Valley Eats Inc. may terminate Valley Eats Perks and Perks Plus, in whole or in part, with three (3) months advance notice and with less than three months notice in any jurisdiction if required to do so by applicable law. At Valley Eats Inc.’s sole discretion, Valley Eats Inc. may choose to substitute a similar Valley Eats Perks and/or Perks Plus program for the Valley Eats Perks and/or Perks Plus program at any time immediately upon notice. If the Valley Eats Perks and/or Perks Plus program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Perks claims or promotional Perks claims will be honoured after the conclusion of the notice period. We reserve the right to restrict, suspend, substitute, or otherwise change any aspect of the Perks Program at any time.
1. Valley Eats Perks(Plus) Membership Enrollment and Eligibility
1.1. Free Enrollment
Enrollment in Valley Eats Perks occurs automatically when we accept your request to create a Valley Eats Account or when the program is enabled for existing Valley Eats Accounts. No purchase is necessary to enroll or participate in the Program. The Program is intended for personal use only. Commercial use is prohibited.
1.1.1 Valley Eats Perks Plus
Perks Plus is an automatically renewing subscription requiring recurring payments. A Perks Plus subscription grants you access to reduced fees on orders placed through the Services for eligible restaurants with a minimum subtotal as stated when you sign up (excluding taxes and tips) (“Reduced Fees”). Reduced Fees and other Perks Plus benefits may be redeemed only at eligible restaurants, as indicated through the Services. Valley Eats Inc. reserves the right to change whether a restaurant is eligible for Perks Plus at any time with or without notice. Perks Plus orders are subject to the delivery driver and geographic availability, and taxes may apply to the cost of the items you order. You may provide an optional gratuity. Depending on the conditions as stated when you sign up, Service Fees may apply.
Cancellations - You can cancel your Perks Plus subscription at any time. You must cancel at least one (1) day before the next-scheduled subscription renewal date to avoid being charged for the next subscription period (e.g., if the renewal date is June 10, you must cancel by 11:59:59 pm PT on June 9). If you cancel your Perks Plus subscription at any other time, you will not receive a refund, but you can continue to enjoy the Reduced Fees and other Perks Plus benefits through the end of your then-current subscription period.
Trial or Promotional Subscriptions - From time to time, Valley Eats Inc. offers customer trials or other promotional subscriptions to Perks Plus. Such trial or promotional subscriptions are subject to this Agreement and the Valley Eats Inc. Terms of Promotions except as otherwise stated in the promotional offer. To benefit from a free trial, you must agree to purchase a paid Perks Plus subscription, and Valley Eats Inc. will bill you the applicable fee at the expiry of your trial period. If you cancel Perks Plus before the trial period has expired, Valley Eats Inc. will not charge you for the Perks Plus subscription. If you purchase a Perks Plus subscription with a promotional code, each time your Perks Plus subscription renews, you will be charged the full billing amount. Only one trial or promotional subscription is available per household. If your Perks Plus subscription is ever terminated for any reason, you shall not be eligible for a free trial on any subsequent Perks Plus subscription.
Perks Plus is offered for a monthly fee payable at the start of the relevant period. By signing up for Perks Plus and providing Valley Eats Inc. with your payment account information, you agree that: (a) you will be charged your first Perks Plus subscription fee and any applicable taxes on the date you purchase your Perks Plus subscription; (b) you authorize Valley Eats Inc. and its service providers to store your payment method for the purpose of executing future Perks Plus auto-renewal transactions; (c) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR PERKS PLUS SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (d) AT THE TIME OF RENEWAL, VALLEY EATS INC. WILL AUTOMATICALLY CHARGE THE THEN-CURRENT PERKS PLUS FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to your Perks Plus subscription. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.
You must be a Valley Eats customer and a resident of Canada to become a Member. Membership is limited to individuals only and is limited to one account per individual. Accounts are personal and cannot be sold, transferred, assigned to, or shared with friends, family, or others.
1.3. Becoming a Member
To become a Member of the Program, you first must create a Valley Eats Account in the Valley Eats App or at order.valleyeats.ca. Existing Valley Eats Account holders will automatically be enrolled as Members of the Program. Receiving the benefits of Membership constitute acceptance of these Terms.
1.4. Account Responsibility
Valley Eats Inc. is not responsible for use of a Member’s account or redemption of a Member’s points. It is the Member’s responsibility to manage unauthorized use or redemption of points by family or friends or other individuals who might have access to the Member’s account. Points are uniquely associated with a single Valley Eats Account. No person may earn or redeem Points or otherwise hold Membership in the Perks Program except in connection with a single Valley Eats Account held by that person in accordance with the Terms of Service. In the event the Member’s account is stolen, and the account is used or the points are redeemed, Valley Eats Inc. will not be held liable and points will be forfeited. Members are responsible for keeping their contact and other information current and accurate. Valley Eats Inc. is not responsible for communications failures or other problems caused by out-of-date or inaccurate information provided by a Member.
1.5 Account Access
We reserve the right at any time to restrict access to or use of the Perks (Plus) to individuals for their personal use only and to one account per person. Additionally, employees, agents, and representatives of Valley Eats Inc. or its affiliates may from time to time be excluded from certain benefits of the Perks Program. Subject to applicable law, we reserve the right to refuse to allow you or any person to participate in the Perks Program for any reason at our sole discretion.
1.6 Additional Benefits
Additional Member benefits, such as special promotions, offers, or events, may be available from time to time. These benefits may require a completed profile and/or opt-in to push notifications, email, SMS, and/or location services to be eligible and for you to receive notification of the benefits, all as explained in the Terms of each offer. Failure to enroll for such communications, to activate such features, or to have network connectivity, may result in your not receiving information about the Benefits.
2. Earning Points
Members earn points on every completed order for each dollar spent on orders containing food and beverages, after promotions and discounts, excluding taxes, tips, service and delivery fees on qualifying purchases via the Valley Eats App or the Valley Eats website. Points for any qualifying purchase can only be credited to one account. No splitting of orders or points. Members may redeem Points in exchange for benefits and rewards, this includes but is not limited to credits towards orders made through Valley Eats. Points will not be awarded to canceled or incomplete orders except at our discretion. Points will be fully credited to your Valley Eats account within 24hrs of the completed order, however, Valley Eats Inc. is not liable for any delay in crediting points to your Valley Eats account.
2.2. Basic Earning Rate
Points are rounded to the nearest dollar
Perks (Free Tier): $1 = 5 points
Perks Plus (Monthly Tier): $1 = 15 points
From time to time Valley Eats Inc. may partner with Restaurants to earn additional points.
Calculation of Valley Eats Perks (Plus) points are based solely on the order subtotal actually paid for on qualifying menu items, minus all discounts, and excluding amounts paid for tips, gratuities, service, delivery charges, gift cards, charitable donations, and taxes.
2.4. Bonus Points
From time to time, Valley Eats Inc. may run certain bonus point promotions. Under bonus
point promotions, Members can earn additional or “bonus points” for completed actions and purchases. Bonus point promotions are subject to the Terms and Conditions of the offer, along with these Terms, and may be offered at any time at Valley Eats Inc’ sole discretion. Bonus points may not be available for otherwise qualifying transactions claimed after a purchase.
2.5 Perks Points Cap
You may not hold more than the “Points Cap”. Once the total number of your Perks Points reaches the Points Cap, you must redeem your Perks Points in order to be eligible to earn more Perks Points. We reserve the right to increase or decrease the Points Cap at any time, subject to applicable law.
Valley Eats Perks Member Cap: 50,000 points
Valley Eats Perks Plus Monthly Member Cap: 100,000 points
3. CLAIMING/REDEEMING PERKS
3.1 Redeeming Perks
To redeem Perks Points on a purchase, you must select the valid Perks on the App at the time of redemption (for in-App or website transactions). The value of the Perks you redeem is applied as a discount proportionally across all items in the order for which you use the Perks, based on menu prices applicable. You are responsible for applicable sales tax, which may vary based on the item(s) in your total order. Limit one Perks redemption per transaction. Some offers may not be exercised in combination with redeeming Perks.
Points may be redeemed in values of $5 (2,500 points), $10 (5,000 points), $20 (10,000 points), $30 (15,000 points), $40 (20,000 points), $50 (25,000 points), $60 (30,000 points), $70 (35,000 points), $80 (40,000 points), $90 (45,000 points), $100 (50,000 points).
Upon redeeming Perks Points, the number of Perks Points that you redeemed will be deducted from the Perks Points balance associated with your Valley Eats Account at the time of purchase.
Perks Points may not be redeemed or earned on the following but are not limited to the following items, Valley Eats gift cards, Valley Eats credits, delivery, tips, service fees, and alcohol. Points have no cash value and can not be exchanged for cash value.
3.4 Point Expiration
Perks Points expire after (12) consecutive months or (356) days if you do not earn or redeem Perks Points or if your Valley Eats account is suspended or terminated for any reason in accordance with Valley Eats Terms of Service. Perks will be permanently removed from your Valley Eats account without any compensation to you. All Perks claims are final. Notwithstanding any other provision of these Perks Terms and to the maximum extent permitted by applicable law, we reserve the right to revoke Perks Points without notice if we reasonably determine that the Perks Points were acquired fraudulently, or otherwise in connection with an action that we take against an account (including but not limited to the closure of the account) in response to fraudulent or criminal activity
4.1 Account Balances
Valley Eats Inc. reserves the right to determine the number of Perks Points in any Member’s account based on Valley Eats Inc’s internal records related to the Member’s account. In the event that there is any inconsistency between the points accrued in your account and what you believe you should have based on your purchase receipt(s), please contact us at 1 855-610-3287. Valley Eats Inc. assumes no responsibility for errors caused by incorrect Member information. All decisions by Valley Eats Inc. on the reconciliation of account balances are final and binding.
4.2 Abuse by Member
Valley Eats Inc. may revoke any Member’s Membership at any time if the Member engages in abuse of the Program or fails to follow these Terms. The sale of points or Perks is prohibited and may result in the confiscation or cancellation of your Perks points and/or Perks, as well as suspension or termination of your Membership or Valley, Eats account, which in each case shall be final and conclusive. Valley Eats Inc. may deduct Perks points or cancel Perks if Valley Eats Inc. determines, in its sole discretion, that Perks points or Perks were obtained fraudulently or were associated with purchases made by someone other than the account holder. In addition, fraud or abuse relating to the accrual of Perks points or the claiming or redemption of Perks may result in revocation of your membership in the Program and may affect your eligibility for participation in any other Valley Eats Inc. programs.
4.3 Promotional Program Only
Perks Points and Perks are purely promotional offers, do not constitute property of any Member, are non-transferable, have no cash value, and cannot be redeemed for cash or gift cards. No portion of any qualifying purchase constitutes consideration paid for any Perks points, Perks, or other promotional benefits.
All applicable provisions of the Terms of Service and of any other applicable part
of your agreement with us apply to and govern your use of the Perks Program, INCLUDING BUT NOT LIMITED TO THE DISCLAIMERS OF WARRANTIES, LIMITATIONS, AND EXCLUSIONS OF LIABILITY, AND INDEMNITIES CONTAINED THEREIN.