PERKBOX END USER TERMS OF SERVICE (“TERMS AND CONDITIONS”)
The following terms when used in these Perkbox End User Terms and Conditions, or any document referred to herein, shall have the following meaning. Unless the context otherwise clearly indicates, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine.
“Agreement” means these Perkbox End User Terms and Conditions;
"Benefit" means any of the individual benefits comprised in the Benefits Programme;
“Benefits Programme" refers to the member or employee benefits programme(s) as operated by Perkbox via the Website, consisting of information and advertising services, content and transaction capabilities provided by Perkbox, affiliates of Perkbox and other third parties. Where applicable in this Agreement any reference to usage, receipt or provision of the Benefits Programme shall be deemed to include any access to and/or usage of the Website;
"Benefit Provider" means the provider of any Benefit to the Benefits Programme;
"Member" means a registered user of the Benefits Programme;
"Perkbox" means Perkbox Limited, a company registered in England and Wales with registered office at 20-22 Tudor Street, London EC4Y 0AY, United Kingdom;
“Membership” means access to the Benefits Programme offered to Members through their employer;
“Order” refers to any Benefit as redeemed by the Member from the Benefits Programme;
“Web” means the public internet;
“Website” means any of the websites operated by Perkbox for the provision of the Benefits Programme, including, but not limited to www.perkbox.co.uk; and
“You” means you, the end user of the Benefits Programme, the end user of the individual Benefit, and each Member. “Your” shall be construed accordingly.
This Agreement sets out the terms and conditions that apply to the provision of the Benefits Programme by Perkbox, and to any Order placed on the Website in connection with the Benefits Programme. You agree to fully comply with the Agreement by using the Benefits Programme. You may only use this Benefits Programme if you are 18 years of age or older. If you do not agree to this Agreement, or if you are under the age of 18, you should immediately refrain from using the Benefits Programme.
You will need to register to become a Member of this Benefits Programme if you wish to access the Benefits via this Website.
You must provide true, accurate, current and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, Perkbox has the right to cancel your membership without any further notice to you and the right to refuse any and all current or future use of this Website.
Registration requires a valid email address (which will serve as your user name). Once Perkbox has sent you a confirmation email along with a password, you will become a Member and will be able to access the services available via the Website.
You can edit your system-generated password when you activate your account: choose a password that uses a combination of letters, uppercase and lowercase, numbers, and symbols. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use the necessary caution to keep your username and password confidential. You are advised to log-off from the Website when your session is complete to prevent unauthorized access to your information. If your username or password is subject to unauthorized access, you should immediately inform Perkbox.
You must not share your username or password with any third party. Any unauthorised use must be reported to email@example.com as soon as you are aware of such use, and Perkbox will, as soon as reasonably possible, cancel your user name and/or password and issue new login details to you.
Perkbox may, for security or other reasons, require you to change your user name and/ or password, or other information, which facilitates access to this Website or its services.
Perkbox reserves the right to cancel your username and password without further notice if Perkbox has reasons to believe that you have breached any of these Terms and Conditions.
Once Perkbox has sent you a confirmation email you will become a Member and will be able to access the services available via the Website.
4. Benefits Programme Description
Perkbox is an employee or member benefits programme for employees of small, medium and large-sized businesses that offers them a range of exclusive personal Benefits.
5. Benefit Redemption
The Benefit you redeem via the Benefits Programme is redeemable for the goods and/or services of a specific Benefits Provider. You acknowledge and accept that the Benefits Provider, not Perkbox, may in some cases be the seller of the goods and services and is solely responsible for providing any Benefit you wish to redeem.
All Benefits provided by the Benefits Programme are offered to you either for free or significantly below their retail price and are subject to the terms and conditions of the Benefits Programme and the participating Benefits Provider.
Perkbox shall retain full and final control over which Benefit Providers shall provide Benefits under the Benefits Programme.
This Agreement incorporates by reference the fine print and any additional terms and conditions set forth on the face of each Benefit. In the event of any conflict between these Terms and Conditions expressly set forth in this Agreement and any terms and conditions set forth on the Benefit itself, the express Terms and Conditions of this Agreement shall prevail.
The Benefits Provider is fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect you, whether caused in whole or in part by the Benefits Provider, as well as for any unclaimed property liability arising from unredeemed Benefits.
Benefits are redeemable in their entirety only and may not be redeemed incrementally.
There is no issue of credit associated with any Benefit unless otherwise required by law.
Reproduction, sale, transfer or trade of a Benefit is strictly prohibited. Should a Member attempt any of the above activities, Perkbox retains the right to terminate the Membership without recourse to any refund of Membership fees paid by the Employer.
Any attempted redemption not consistent with these Terms and Conditions will render the Benefit null and void to the extent allowed by law.
If you redeem the Benefit for less than its face value, you will not be entitled to a credit, cash or a new Benefit equal to the difference between the face value and the amount you redeemed, unless otherwise required by law.
Benefit may be applied only to merchandise sold by Benefits Provider, and may not be applied to shipping or handling charges.
Benefits may not be combined with any other gift certificates, third party certificates, Benefits, or promotions, unless otherwise specified by Benefits Provider.
Cancellation of Perkbox Membership – Upon cancellation of your Membership, you shall be unable to redeem any further Benefits and Benefits previously redeemed shall become null and void.
Perkbox does not provide any specialist advice (for example, advice for accounting, regulatory, legal, pensions or taxation matters) (collectively, “Specialist Advice”) in relation to the Benefits, the Benefits Programme, or Member’s use thereof. Member shall be responsible for obtaining its own Specialist Advice where necessary and Perkbox accepts no liability in respect of such Specialist Advice.
6. Benefit Delivery
Perkbox will deliver the Benefits redeemed in one or in combination of the following methods:
i) Mail the Benefits via post at the Member’s mailing address provided at the time of the redemption of the Benefit on the Website. Any such delivery mechanism will be specified during the redemption on Website.
ii) Phone redemption where Perkbox will present a specific code and telephone number to the Member to redeem the Benefit. Any such delivery mechanism will be specified during the redemption on Website.
iii) Link-based redemption where Perkbox will offer a protected link within the Benefits Programme website in order to help Members redeem the Benefit directly from their Accounts.
iv) Email the Benefit and a unique link to the Member’s email address provided at the time of the redemption of the Benefit on Website. If the delivery mechanism stated in parts ‘i’ and ‘ii’ is not specified, it should be understood that Benefits will be emailed, with a specific link to a static html page.
Benefits may have unique identification numbers or codes as specified by the Benefits Provider. Authentication and uniqueness of the Benefits in such section will be based on the type of service being redeemed, and the Benefits Provider’s preference.
7. Cancellations and Refunds
If the redemption of any Benefits requires you to make a payment directly to Perkbox (not the Benefits Provider), for example purchase of a cinema ticket voucher, a legally binding contract for the sale of such Benefit will come into existence between Perkbox and you when we accept your request to purchase such Benefit, as confirmed by us to you either on our Website, on the phone, by email or by mail, depending on the method of delivery of your Benefit (see paragraph 6 above).
For most purchases online you may have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to change your mind within 14 days (“cooling off period”), cancel your contract and receive a refund. However, these regulations do not give you the right to change your mind in respect of services, once these have been completed, or digital products after you have started to download or stream these, even if the cooling off period is still running.
In respect of any Benefits (other than digital content) purchased by you from us which you can later redeem for free (or part payment) from a Benefits Provider, for example a voucher for a cinema ticket, you will not have the right to cancel such Benefit and request a refund, if you have purchased it on the basis that it would be delivered to you immediately upon our acceptance of your purchase request.
If you purchase a digital product from us for download or streaming, for example a discounted e-book or a movie, you will not have the right to change your mind if the digital product is purchased by you on the basis that it will be delivered or made available to you immediately upon our acceptance of your purchase request. If, for whatever reason, such digital content is not delivered to you immediately, you will have up to 14 days to change your mind, until you have started streaming or downloading.
The above rules regarding cancellation of Benefits do not affect any rights you may be entitled to from the Benefits Provider in respect of the goods or services redeemed as part of the Benefits.
Perkbox Members lose access to the Benefits upon terminating their Membership. Upon termination of their Membership Perkbox will request the Benefits Provider to revoke the Benefits. This may mean that the Services setup with the Benefits Provider by the Member will cease functioning.
8. Member Support
If you wish to contact us on matters related to this Agreement, or any other matter related to the Benefits Programme (including customer service inquiries), you can reach us using the contact details set forth below:
20-22 Tudor Street
London EC4Y 0AY
Phone: 0208 396 6812
Without prejudice to any remedy that Perkbox may have against you, Perkbox may terminate or suspend with immediate effect and without further notice your access to and use of this Website and your Membership, if it:
reasonably believes that you have breached any of these Terms and Conditions;
is unable to verify the accuracy or validity of any information provided by you;
suspects fraudulent, abusive or illegal activity relating to your Membership or use of the Benefits Programme;
has reasonable concerns relating to the security of your log in details or use of the Benefits Programme; or
reasonably believes the Employer is in breach of the Perkbox Master Services Agreement.
Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
Members may cancel their Membership using the contact details in section 8.
10. Benefits Programme Availability
You acknowledge that interruptions in the Benefits Programme and/or other events may occur that are beyond the control of Perkbox, and that Perkbox shall not be responsible for any such interruption or any data lost while transmitting information on the Web or otherwise. While Perkbox aims to make the Benefits Programme accessible at all times it may be unavailable from time to time for any reason including, but not limited to, routine maintenance. You acknowledge and accept that due to circumstances both within and outside of the control of Perkbox, access to the Benefits Programme may be interrupted, suspended or terminated from time to time.
11. Changes to the Benefits Programme and Benefits
Perkbox shall have the right at any time to change or discontinue any aspect or feature of the Benefits Programme including, but not limited to, Benefits, content, hours of availability and equipment needed for access or use. Further, Perkbox may discontinue disseminating any portion or category of information, may modify or eliminate any transmission method and may change transmission speeds or other signal characteristics.
12. Equipment, Account Management and Security
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Benefits Programme and you will be solely responsible for all charges related thereto. Perkbox shall not be liable for any damage to your equipment resulting from your use of the Benefits Programme.
13. Your Use of the Benefits Programme
You agree that your use of the Benefits Programme will at all times be lawful. You agree not to post or transmit through the Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Perkbox's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in Perkbox's sole discretion restricts or inhibits any other end user of the Benefits Programme from using or enjoying the Benefits Programme is strictly prohibited. You agree not to use the Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of other end users of the Benefits Programme to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Perkbox. Any content that is posted or uploaded that is or may be deemed unsuitable by Perkbox can and may be taken down by Perkbox without notice. Furthermore, Perkbox reserves the right to edit, change, alter, delete and prohibit any and all content that it deems unsuitable in its sole discretion.
You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make available your Membership, the Benefits Programme or the Benefits to any third party, other than in furtherance of Employer’s internal business purposes as expressly permitted by these Terms; (b) use the service to process data on behalf of any third party users; (c) modify, adapt, or hack the Benefits Programme or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (d) falsely imply any sponsorship or association with Perkbox, (e) use the Benefits Programme or the Benefits in any unlawful manner including, but not limited to, violation of any person’s privacy rights; (f) use the Benefits Programme to send unsolicited or unauthorised junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Benefits Programme to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (h) use the Benefits Programme in any manner that interferes with or disrupts the integrity or performance of the Benefits Programme and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (j) use the Benefits Programme to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Benefits Programme to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; or (l) try to use, or use the Service in violation of these Terms.
The foregoing provisions of this Section 17 apply equally to and are for the benefit of Perkbox, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf
14. Intellectual Property
All content located on or in the Website is the exclusive property of Perkbox or is used with the express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF PERKBOX IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and / or criminal penalties.
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and other content of Perkbox protected by copyright. Perkbox owns a copyright in the selection, coordination, arrangement and enhancement of all such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Perkbox and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website shall not be deemed to be in the public domain but rather the exclusive property of Perkbox, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Perkbox, unless otherwise stated.
You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Perkbox does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you warrant that the owner of such material has expressly granted Perkbox the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You hereby grant Perkbox the right to edit, copy, publish and distribute any material made available on the Website by you.
The foregoing provisions of Section 14 apply equally to and are for the benefit of Perkbox, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
15. No Warranties
You expressly agree that use of the service is at your sole risk. Neither Perkbox, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that use of the service will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the Benefits Programme, or (ii) the accuracy, reliability or content of any information, Benefits Programme or merchandise provided through the Benefits Programme.
The Benefits Programme is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.
You specifically acknowledge that Perkbox is not liable for the defamatory, offensive or illegal conduct of Members, other users or third-parties and that the risk of injury from the foregoing rests entirely with you.In no event shall Perkbox, or any person or entity involved in providing the Benefits Programme, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Benefits Programme. you hereby acknowledge that the provisions of this section shall, without limitation, apply to all content in the Benefits Programme.
Perkbox shall not in any circumstances be liable (whether in contract, tort or otherwise) for loss or damage howsoever arising and of whatsoever nature (including, without limitation, any indirect or consequential loss or damage, loss of profits, loss of contracts, loss of data, loss of operation time or loss of use of any equipment or process) suffered or incurred by Member or any of its employees or directors or any other third party by reason of the carrying out by Perkbox of its obligations under this Agreement, save and to the extent that such loss or damage arises from the finally and judicially determined gross negligence or wilful default, fraud or material breach by Perkbox of its obligations under this Agreement.
In addition to the terms set forth above, neither Perkbox, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or lack of authenticity of, the information provided in connection with the Benefits Programme, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
In the event that Perkbox is held liable for any loss or damage under this Agreement, then Perkox’s maximum aggregate liability shall be limited to £500.
Nothing in this section 16 or otherwise in this Agreement shall limit or exclude Perkbox’s liability in respect of claims for death or personal injury arising from Perkbox’s negligence, for fraudulent misrepresentation, or any other liability which may not be excluded by law. Your statutory rights shall remain unaffected.
You agree to defend, indemnify and hold harmless Perkbox, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of your use of the Benefits Programme.
Perkbox shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Benefits Programme, to determine compliance with this Agreement and any operating rules established by Perkbox, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Perkbox shall have the right to remove any material that Perkbox, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
20. License Grant
By posting communications on or through the Website, you shall be deemed to have granted to Perkbox a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
21. Third Party Content
Perkbox, similar to any Web service provider, may distribute (and not a publisher) content supplied by third parties and End Users. Accordingly, Perkbox has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Perkbox. Neither Perkbox nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its Benefits Provider’s ability or fitness for any particular purpose.
In many instances, the content available through the Benefits Programme represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Perkbox. Perkbox neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Perkbox by anyone other than authorized Perkbox employee spokespersons while acting in official capacities. Under no circumstances will Perkbox be liable for any loss or damage caused by your reliance on information obtained through Perkbox. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Perkbox.
The Website may contain links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Perkbox of the contents on such third-party sites and Perkbox hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. Unless you have executed a written agreement with Perkbox expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Perkbox the right to revoke its consent to any link at any time in its sole discretion reserves.
This Agreement, along with the terms and conditions set forth on the Benefits and the terms and conditions set forth on the face of the offer, constitute the entire Agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
This Agreement shall be governed by English Law and subject to the exclusive jurisdiction of the Courts of England and Wales.
Version: 29th September 2017