Terms of Service

Welcome to www.perkstar.co.uk (together with any related websites, the "Site"). The Site is owned and operated by Perkstar Ltd ("Perkstar," "we," or "us"). By accessing or using the Site, you agree to be legally bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not use the Site or any of its content.

These Terms constitute a binding agreement between you ("you," "your") and Perkstar. If you are using the Site on behalf of an entity, such as your employer, you represent that you have the authority to bind that entity. In such cases, "you" refers to both the individual and the entity.

1. Acceptance of Terms

By accessing or using the Site, you confirm that you:

(a) Are at least 18 years old or have reached the age of majority in your jurisdiction.

(b) Agree to comply with these Terms and all applicable laws and regulations.

2. Perkstar Services

These Terms govern your use of the Site and related content. If you access or use Perkstar's digital loyalty card platform or other services (collectively, the "Services"), such use is governed by Perkstar's Subscription Agreement and other applicable agreements. Please review those documents for additional terms and conditions.

3. Ownership and Use of Content

The Site contains proprietary content, including but not limited to text, images, graphics, software, videos, and trademarks ("Perkstar Content"), owned or licensed by Perkstar. All Intellectual Property rights in and to the Site and Perkstar Content are and shall remain the exclusive property of Perkstar.

You are granted a limited, revocable, non-exclusive licence to access and use Perkstar Content for personal, non-commercial purposes. You may not:

(a) Copy, reproduce, distribute, or modify Perkstar Content without explicit written permission.

(b) Remove or alter any copyright, trademark, or proprietary notices.

(c) Use Perkstar Content for any commercial purpose without our prior written consent.

4. Prohibited Uses

When using the Site, you agree not to:

(a) Engage in any unlawful activity or violate any applicable laws.

(b) Use the Site for fraudulent or deceptive purposes.

(c) Interfere with the operation of the Site or access it in an unauthorised manner.

(d) Introduce malicious code, such as viruses, worms, or Trojans, to the Site.

(e) Attempt to gain unauthorised access to any part of the Site, its servers, or any connected systems.

(f) Use automated means (bots, scrapers, or similar) to access or collect data from the Site without our prior written consent.

(g) Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

5. Third-Party Links and Services

The Site may contain links to third-party websites or services. Perkstar does not endorse or assume responsibility for the content, functionality, or practices of third-party websites. Accessing third-party services is at your own risk. We recommend reviewing the terms and privacy policies of any third-party sites you visit.

6. Privacy

Your use of the Site is subject to our Privacy Policy, which describes how we collect, use, and protect your information. Please review our Privacy Policy to understand our practices.

7. User Accounts

To access certain features of the Site or Services, you may need to create an account. You are responsible for:

(a) Maintaining the confidentiality of your account credentials.

(b) All activities conducted through your account.

(c) Notifying us immediately of any unauthorised access or use of your account at support@perkstar.co.uk.

Perkstar reserves the right to suspend or terminate accounts that are inactive for an extended period or that violate these Terms.

8. Disclaimers

The Site and Perkstar Content are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Perkstar does not warrant that the Site will be uninterrupted, error-free, or free from harmful components. While we take reasonable steps to ensure the accuracy of information on the Site, we do not guarantee that all content is complete, current, or reliable.

9. Limitation of Liability

To the fullest extent permitted by law:

(a) Perkstar shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, including but not limited to loss of profits, data, business opportunity, or goodwill.

(b) Perkstar's total aggregate liability for any claim arising out of or related to these Terms shall not exceed the greater of £500 or the total fees paid by you to Perkstar in the 12 months preceding the event giving rise to the claim.

(c) Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Perkstar, its affiliates, and their officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Site; (b) your violation of these Terms; or (c) your violation of any applicable law or third-party rights.

11. Termination

Perkstar reserves the right to suspend or terminate your access to the Site at any time if you violate these Terms or applicable laws. Perkstar may also modify or discontinue the Site, in whole or in part, at any time without notice or liability.

Upon termination, all rights and licences granted to you under these Terms will immediately cease. Sections that by their nature should survive termination will continue in effect, including Ownership and Use of Content (Section 3), Disclaimers (Section 8), Limitation of Liability (Section 9), Indemnification (Section 10), and Governing Law (Section 14).

12. Electronic Communications

By using the Site, you consent to receive transactional and service-related communications from Perkstar electronically, including account notifications, security alerts, and updates to our terms or policies. These communications satisfy legal requirements for written communication.

Marketing communications will only be sent where you have explicitly opted in, and you can unsubscribe at any time.

13. Changes to These Terms

Perkstar may revise these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and, where practicable, notify you via email or a notice on the Site. Continued use of the Site after changes take effect constitutes your acceptance of the revised Terms.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these Terms will be resolved exclusively in the courts of England and Wales.

15. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and any applicable Subscription Agreement, constitute the entire agreement between you and Perkstar regarding the Site and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver: The failure of Perkstar to enforce any provision of these Terms shall not be deemed a waiver of that provision.

Assignment: Perkstar may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights under these Terms without our prior written consent.

16. Contact Us

For questions about these Terms, please contact us:

Perkstar Ltd Company No. 16256732 86-90 Paul Street, 3rd Floor London, EC2A 4NE United Kingdom

Email: legal@perkstar.co.uk