Terms of Service
Last Updated: 11 November 2024
1. Introduction
Welcome to Perkstar. These Terms of Service ("Terms") govern your access to and use of www.perkstar.co.uk (the "Site") and our digital loyalty card platform (the "Service"), operated by Perkstar Ltd ("Perkstar", "we", "us", or "our").
By creating an account or using our Service, you agree to these Terms. If you do not agree, please do not use our Service.
If you are using the Service on behalf of a business, you confirm you have authority to bind that business to these Terms. In that case, "you" refers to both you and the business.
These Terms, together with our Privacy Policy and Cookie Policy, form the complete agreement between you and Perkstar.
2. About Our Service
Perkstar provides a digital loyalty card platform that allows businesses to create and manage loyalty cards for Apple Wallet and Google Wallet. Our Service includes stamp cards, points cards, membership cards, multipass cards, discount cards, coupons, cashback cards, and gift cards.
3. Eligibility
To use our Service, you must:
Be at least 18 years old
Have the legal capacity to enter into a binding contract
Not be prohibited from using the Service under applicable law
Provide accurate and complete registration information
Our Service is designed for businesses. If you are a consumer using loyalty cards issued by businesses through our platform, these Terms apply to your use of those cards.
4. Your Account
4.1 Registration
To use the Service, you must create an account with accurate, current, and complete information. You agree to update this information to keep it accurate.
4.2 Account Security
You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at support@perkstar.co.uk if you suspect unauthorised access.
4.3 One Account Per Business
Each business should maintain only one account. We may merge or remove duplicate accounts.
5. Free Trial
5.1 Trial Period
We offer a 14-day free trial. During the trial, you have full access to the Service with no payment required.
5.2 No Obligation
The trial does not automatically convert to a paid subscription. We will not charge you unless you actively subscribe after the trial ends.
5.3 Trial Limitations
We reserve the right to limit, modify, or discontinue the free trial at any time. A free trial is available once per business.
6. Subscription and Payment
6.1 Subscription Plans
After your free trial, continued use of the Service requires a paid subscription. We offer three plans:
Monthly billing:
Starter: £15 per month
Growth: £30 per month
Scale: £60 per month
Annual billing (paid upfront):
Starter: £12 per month (£144 per year)
Growth: £25 per month (£300 per year)
Scale: £55 per month (£660 per year)
Current pricing and plan features are available on our website. Prices shown are exclusive of VAT where applicable.
6.2 Billing Cycle
Monthly subscriptions are billed in advance and renew on the same date each month. Annual subscriptions are billed upfront for the full year and renew on the anniversary of your subscription start date.
6.3 Automatic Renewal
Your subscription renews automatically until you cancel:
Monthly plans renew each month on your billing date
Annual plans renew each year on the anniversary of your subscription
We will charge your payment method on file at the start of each billing cycle. For annual plans, we will send a reminder email at least 14 days before renewal.
6.4 Payment Processing
Payments are processed securely by Stripe. We do not store your full payment card details. By subscribing, you also agree to Stripe's terms of service.
6.5 Changing Plans
You can upgrade or downgrade your plan at any time through your account settings.
Upgrades: Take effect immediately. For monthly plans, you pay the difference pro-rata. For annual plans, you pay the difference for the remainder of your annual term.
Downgrades: Take effect at the start of your next billing cycle.
Switching between monthly and annual: You may switch from monthly to annual billing at any time, starting a new annual term. Switching from annual to monthly takes effect at the end of your annual term.
6.6 Price Changes
We may change our prices with at least 30 days' notice. Price changes take effect at your next billing cycle after the notice period. If you do not agree to a price change, you may cancel before it takes effect.
6.7 Failed Payments
If a payment fails, we will notify you and attempt to charge your payment method again. If payment remains unsuccessful after reasonable attempts, we may suspend or terminate your access to the Service.
7. Cancellation and Refunds
7.1 How to Cancel
You may cancel your subscription at any time through your account settings or by emailing support@perkstar.co.uk. Cancellation takes effect at the end of your current billing period.
7.2 Effect of Cancellation
When you cancel:
You retain access to the Service until the end of your paid period
Your loyalty cards remain active until your subscription ends
After your subscription ends, your cards will no longer function for your customers
We retain your data for 30 days after cancellation, during which you can reactivate or export your data
7.3 Refund Policy
Monthly subscriptions: We do not provide refunds for partial billing periods. Your access continues until the end of your current month.
Annual subscriptions: If you cancel an annual subscription, you retain access for the remainder of your paid year. We do not provide pro-rata refunds for annual plans unless:
You cancel within 14 days of your first annual subscription and have not substantially used the Service — you may request a full refund
We materially breach these Terms and fail to remedy the breach within 14 days of notice — you are entitled to a pro-rata refund for the unused portion
7.4 UK Consumer Rights — Cooling-Off Period
If you are a consumer in the UK or EU, you have a statutory right to cancel within 14 days of subscribing for a full refund under the Consumer Contracts Regulations 2013. To exercise this right, contact us at legal@perkstar.co.uk.
By using the Service during the cooling-off period, you acknowledge that you may lose the right to a full refund proportionate to the services provided before cancellation.
8. Your Use of the Service
8.1 Permitted Use
You may use the Service only for lawful business purposes in accordance with these Terms. You retain ownership of all content you upload to the Service, including your branding, logos, and customer data.
8.2 Prohibited Conduct (Acceptable Use Policy)
You agree not to:
Illegal Activity
Use the Service for any unlawful purpose or to promote illegal activity
Engage in fraud, money laundering, or identity theft
Violate any applicable law, regulation, or sanctions
Violate any third-party rights, including intellectual property rights
Harmful Content
Upload content that is defamatory, obscene, fraudulent, or harmful
Transmit viruses, malware, worms, trojans, or other malicious code
Distribute phishing content or tools designed for hacking or denial-of-service attacks
System Abuse
Interfere with or disrupt the Service or servers
Attempt to gain unauthorised access to any part of the Service
Probe, scan, or test system vulnerabilities without authorisation
Reverse engineer, decompile, or attempt to extract source code
Spam and Deception
Use the Service to send spam or unsolicited bulk communications
Distribute harassing, abusive, or deceptive messages
Falsify message headers or sender information
Impersonate any person or entity
Misrepresent your business, products, or services
Privacy Violations
Use the Service to collect data in violation of privacy laws
Collect, store, or distribute personal data without proper consent
Disclose confidential information or trade secrets without authorisation
Commercial Misuse
Resell, sublicense, or commercially exploit the Service without our consent
8.3 Your Responsibility for End Users
If your customers or end users access any part of the Service (such as receiving loyalty cards), you are responsible for ensuring their use complies with these Terms. You will address any violations by your end users promptly.
8.4 Enforcement
We may investigate violations and take action including warning, suspension, or termination of your account. We may also report illegal activity to law enforcement.
We reserve the right, but are not obligated, to monitor use of the Service to ensure compliance with these Terms.
8.5 Reporting Violations
If you become aware of any violation of these Terms, please report it to legal@perkstar.co.uk with relevant details.
9. Your Data and Your Customers' Data
9.1 Your Role as Data Controller
When you use the Service to collect and manage data about your customers (e.g., loyalty card holders), you are the data controller for that customer data under data protection law. You are responsible for:
Having a lawful basis to collect and process your customers' data
Providing appropriate privacy notices to your customers
Responding to your customers' data subject requests
Complying with all applicable data protection laws
9.2 Our Role as Data Processor
We act as a data processor when processing your customers' data on your behalf. We will only process this data according to your instructions and these Terms.
9.3 Data Processing Terms
By using the Service, you agree to our Data Processing Agreement, which is incorporated into these Terms and available upon request at legal@perkstar.co.uk. This agreement sets out our obligations as a data processor under GDPR and other data protection laws.
9.4 Your Data
Data you provide about yourself and your business is covered by our Privacy Policy. We are the data controller for this information.
9.5 Data Export
You may export your data at any time through the Service or by contacting support@perkstar.co.uk. We will provide your data in a commonly used format within 30 days of request.
9.6 Data Deletion
Upon termination of your account, we will delete your data and your customers' data within 30 days, unless we are required by law to retain it. You may request earlier deletion by contacting us.
10. Intellectual Property
10.1 Our Intellectual Property
The Service, including its design, features, code, text, graphics, logos, and trademarks, is owned by Perkstar or our licensors and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written consent.
10.2 Your Content
You retain ownership of content you upload (logos, branding, etc.). By uploading content, you grant us a limited licence to use it solely to provide the Service to you.
10.3 Feedback
If you provide suggestions or feedback about the Service, we may use it without obligation to you.
11. Service Availability
11.1 Availability
We aim to keep the Service available 24/7 but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or factors beyond our control.
11.2 Planned Maintenance
We will give reasonable notice of planned maintenance where possible, typically via email or dashboard notification.
11.3 No Uptime Guarantee
We do not offer a formal Service Level Agreement (SLA) or uptime guarantee. We will use reasonable efforts to minimise disruption.
12. Third-Party Services
12.1 Integrations
The Service integrates with third-party services including Apple Wallet, Google Wallet, and Stripe. Your use of these services is subject to their respective terms and conditions.
12.2 Third-Party Links
The Site may contain links to third-party websites. We are not responsible for their content or practices.
12.3 Apple and Google
Apple Wallet and Google Wallet are trademarks of Apple Inc. and Google LLC respectively. We are not affiliated with, endorsed by, or sponsored by Apple or Google.
13. Disclaimers
13.1 Service Provided "As Is"
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.
13.2 Consumer Rights Preserved
Nothing in these Terms affects your statutory rights as a consumer. If you are a consumer in the UK or EU, the Service will be provided with reasonable care and skill as required by the Consumer Rights Act 2015 and equivalent EU laws.
13.3 No Guarantee of Results
We do not guarantee that using the Service will increase your sales, customer retention, or business performance.
14. Limitation of Liability
14.1 What We Do Not Exclude
Nothing in these Terms excludes or limits our liability for:
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded by law
Breach of your statutory rights under consumer protection law
14.2 What We Exclude
Subject to Section 14.1, we are not liable for:
Loss of profits, revenue, business, or anticipated savings
Loss of data (except as set out in Section 9)
Loss of goodwill or reputation
Any indirect, incidental, special, or consequential damages
14.3 Liability Cap
Subject to Section 14.1, our total liability for any claims arising from these Terms or your use of the Service is limited to the greater of:
The amount you paid us in the 12 months before the claim arose, or
£100
14.4 Consumer Protection
If you are a consumer, these limitations apply only to the extent permitted by applicable consumer protection law.
15. Indemnification
If you are a business user, you agree to indemnify and hold harmless Perkstar, its officers, directors, employees, and agents from any claims, damages, or expenses (including legal fees) arising from:
Your use of the Service
Your violation of these Terms
Your violation of any law or third-party rights
Any claim by your customers relating to data you collected through the Service
This section does not apply to consumers.
16. Term and Termination
16.1 Term
These Terms remain in effect while you use the Service.
16.2 Termination by You
You may stop using the Service and close your account at any time.
16.3 Termination by Us
We may suspend or terminate your access if:
You breach these Terms
You fail to pay subscription fees after notice
We are required to do so by law
We discontinue the Service (with at least 30 days' notice where possible)
16.4 Effect of Termination
Upon termination:
Your right to use the Service ends immediately
Your loyalty cards will stop functioning
Sections that should survive termination will continue to apply, including Sections 9, 10, 13, 14, 15, and 18
17. Changes to These Terms
We may update these Terms from time to time. When we make material changes:
We will update the "Last Updated" date
We will notify you by email at least 14 days before changes take effect
Your continued use after changes take effect means you accept the new Terms
If you do not agree to updated Terms, you may cancel your subscription before they take effect.
18. Governing Law and Disputes
18.1 Governing Law
These Terms are governed by the laws of England and Wales.
18.2 Jurisdiction
If you are a business, disputes will be resolved exclusively in the courts of England and Wales.
If you are a consumer in the UK, you may bring claims in the courts of England and Wales or the courts of your country of residence.
If you are a consumer in the EU, you may bring claims in the courts of your country of residence.
18.3 EU Online Dispute Resolution
If you are a consumer in the EU, you may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr
19. International Use
19.1 Global Access
The Service is operated from the United Kingdom but accessible worldwide. We make no representation that the Service is appropriate or available for use in all locations.
19.2 Local Compliance
You are responsible for compliance with local laws in your jurisdiction. If use of the Service is prohibited in your jurisdiction, you may not use it.
19.3 US Users
If you are in the United States:
You agree that the Service is provided in the United Kingdom and governed by UK law
California users may have additional rights under the CCPA as described in our Privacy Policy
You waive any right to participate in a class action lawsuit against Perkstar, to the extent permitted by law
19.4 Australian Users
If you are in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded.
20. General Provisions
20.1 Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, and any Data Processing Agreement, constitute the entire agreement between you and Perkstar.
20.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
20.3 No Waiver
Our failure to enforce any provision does not waive our right to enforce it later.
20.4 Assignment
You may not assign your rights under these Terms without our consent. We may assign our rights to any successor or affiliate.
20.5 No Partnership
Nothing in these Terms creates a partnership, agency, or employment relationship between you and Perkstar.
20.6 Force Majeure
We are not liable for failures or delays caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, government action, or internet failures.
21. Contact Us
Questions about these Terms? Contact us:
Perkstar Ltd 86-90 Paul Street 3rd Floor London EC2A 4NE United Kingdom
Email: legal@perkstar.co.uk Support: support@perkstar.co.uk