End User Terms of Service
Read below for Perkbox End User Terms of Service.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING PERKBOX PLATFORM
Perkbox brings together a huge range of employee Benefits such as shopping discounts and freebies, wellness, medical services, recognition programmes, feedback, communication and much more into one employee-experience Platform.
If you are looking at these Terms, it means that your employer has asked us to give you access to our Platform as our Member, to show you their appreciation for all your hard work and commitment. Congratulations! You may also be using our Platform as an admin user, managing the Benefits programmes on behalf of the employer. Before we begin, we would like to ask you to read these Terms carefully. They tell you the rules on which we make our Platform available to our Members and some further information about our Benefits programmes and our Partners, who we carefully select to provide the products and services that are behind our Benefits.
You do not need to pay to join our Platform; your employer has already taken care of this. However, some of the Benefits may require you to make a payment, either to us or directly to our Partners. This will be clearly indicated on the relevant page on our Platform.
Our Platform is available via our Website at www.perkbox.com/au and via our App and these Terms apply equally to both.
1. A little bit about us and what we will do for you
1.1 The Platform is operated by Perkbox Limited (we, us, ours). We are a foreign registered company in Australia (ABRN 631 404 174).
1.2 We are constantly on the lookout for Partners who can provide our Members with attractive Benefits, such as attractive offers or discounts for their products and services. When we find something that fits the bill, we arrange with the Partners to make such Benefits available to our Members through our Platform and then allow you to redeem them. When a Benefit involves a purchase of a product or service form our Partner, your purchase will be directly with the Partner, not with us, although some Benefits may be pre-paid, such as for example cinema ticket vouchers. In these cases, you purchase the Benefit from us, and we then make arrangements with the cinema to honour your voucher on the terms applicable to this Benefit and for as long as it remains valid. In short, we make the Benefits available to you, but we do not supply the underlying products or services.
1.3 If you have any questions or would like to get in touch with us, please email us on firstname.lastname@example.org or call us on 0208 396 6812. You can also write to us at our Sydney offices at 85 William Street, Darlinghurst, NSW 2010.
1.4 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you registered.
1.5 When we use the word “writing” or “written” in these terms, this includes emails.
2. By using our Platform you accept these Terms
2.1 By using the Platform, you confirm that you accept these Terms and you agree to follow the rules set out in these Terms, including the following additional documents:
(a) our Acceptable Use Policy – this tells you what you can and cannot do with the information provided on our Platform, and how to use any features that allow communications with other Members; and
2.2 If you do not agree to any of the above, you should not use our Platform.
2.3 If you are under 18 years of age, you must have a parent or guardian’s permission to use our Platform.
3. We may make changes
3.1 We amend these terms from time to time, so please check them occasionally. For example, we may change them to reflect changes in relevant laws and regulations.
3.2 We may also update and change the Platform from time to time to update its functionality, to add new products and Benefits programmes, and/or to address our Members’ or Partners’ needs.
3.3 We will notify you of any significant changes and/or any changes that require any action from you. If you do not agree to any changes, you should stop using the Platform.
4 Availability of our Platform and the Benefits
4.1 We cannot guarantee that our Platform, or any content on it, will always be available or be uninterrupted. This is because our Platform is provided via the internet and interruptions, delays and other technical problems are “part and parcel” of the provision of services via the internet. We may need to suspend, withdraw or restrict the availability of all or any part of our Platform, for example for security, maintenance or operational reasons. We will try to give you notice if the Platform is not going to be available for an extended period of time.
4.2 All Benefits are subject to availability. We put a lot of effort into securing a wide choice of attractive Benefits. However, we rely on our Partners to making them available and provide the underlying products or services to our Members. As a result, we cannot guarantee that any specific Benefits will always be available or that they will always be provided on the same terms. We will try to find good alternatives if some Benefits become unavailable.
5. Platform account access
5.1 Before you start using our Platform, we will need you to complete registration and/or activate your account. Some of the information (such as your name and email address) has already been provided to us by your employer, but we may need some further details from you to complete your registration.
5.2 It is important to keep your details correct and up-to-date at all times so please make sure that you verify and provide us with true, accurate and complete information during your account registration process and update it afterwards if necessary. If we discover that any information related to your account is not accurate, we may need to suspend or cancel your account.
5.3 If you are provided with, or set up your own password or any other piece of information as part of our security procedures during your registration, please ensure that you treat such information as confidential. If you choose your own password, we recommend that you use a combination of letters, uppercase and lowercase, numbers and symbols; this will make it difficult for someone else to use your account. Please do not share this information with anyone. Your account is personal to you and you should not allow anyone else to access your account on our Platform. For this reason, we recommend that you always log-off your account when you access our Platform from a shared device.
5.4 If you know or suspect that anyone other than you know your login details, you should contact us as soon as possible at email@example.com
5.5 We may temporarily or permanently disable your login information if we suspect it is being used by someone else. We may also require you to change your password for security reasons.
5.6 You may at any time request the deletion of your account on our Platform.
5.7 If we or you terminate or suspend your access to your Platform account, you will be able to use any Benefits purchased/ordered prior to the date of suspension or termination, but you will not be able to obtain any new Benefits.
6.1 Certain Benefits may be subject to additional terms and conditions, in which case they will be displayed on the relevant site on our Platform, just before you confirm you wish to get this Benefit. These additional terms and conditions may also introduce certain modifications to these Terms in respect of that Benefit. Please read them carefully as they will give you important information about how to redeem your Benefits and any restrictions that may apply, such as any expiry date, or any specific locations where you may redeem the Benefit from the Partner that provides it. We will not be responsible for any losses or damage you suffer if you fail to comply with any such additional terms and will not issue refunds.
6.2 You should also remember that the products or services to which the Benefits relate are provided by our Partners, and as such, they are subject to the relevantPartner’s terms and conditions of supply. If you are redeeming your Benefit for an online purchase, you will normally be re-directed to the relevant Partner’s website and the applicable Partner’s terms and conditions should be displayed on that Partner’s website. If you are redeeming a Benefit in-store, you can always ask the store personnel for the Partner’s terms and conditions of supply. Since we do not supply the underlying products or services, our role is limited to providing you with the Benefit, i.e. the discount, voucher, offer etc., but we are not responsible for the availability, quality or suitability of the products purchased by you from the relevant Partner. As a result, we cannot be responsible for the Partner’s performance of their obligations, including any losses or damage suffered by you as a result of the Partner’s supply of products or services to you or their failure to supply or comply with applicable laws and regulations. If you are not satisfied with the Partner’s service or product, please contact the relevant Partner, although we would welcome your feedback, as it is important for us that we partner with reliable suppliers.
6.3 Any face-value Benefits are redeemable in their entirety, and cannot be redeemed in instalments unless the additional terms and conditions applicable to such Benefits say that they can. In the event that the value of the service or product to which such Benefit relates is less than the face-value, you will not be entitled to a credit or a refund.
6.4 Please note that all Benefits are for your personal use and you cannot sell, copy or reproduce them. If we learn that you have sold, copied, reproduced or otherwise used our Platform or Benefits for commercial gain or fraudulently, we may permanently cancel your access to our Platform and we may inform your employer.
6.5 Unless the applicable additional terms and conditions state otherwise or the relevant Partner allows for this, Benefits may not be combined with any other promotional offers, vouchers and/or gift certificates.
6.6 Your Benefits will be delivered by us by a method selected by you on the order page, such as mail, email, link or telephone.
7. Cancellation rights
7.1 If the redemption of any Benefits requires you to make a payment directly to us (not a Partner), for example, purchase of a cinema ticket voucher, a legally binding contract for the sale of such Benefit will come into existence between you and us when we issue a confirmation that your order was successful. We will confirm this either on our Website or App (as applicable), on the phone, by email or by mail, depending on the method of delivery of your Benefit (see paragraph 6.6 above).
7.2 Our cancellation policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.
7.3 In respect of any Benefits (other than digital content) purchased by you from us which you can later redeem for free from a Partner (or part payment to such Partner), for example, a voucher for a cinema ticket, you will not have the right to cancel such Benefit and request a refund. This is because such Benefits are delivered to you instantly upon request.
7.4 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 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.
7.5 The above rules regarding the cancellation of Benefits do not affect your statutory rights or any rights you may be entitled to from the Partner in respect of the products or services redeemed as part of the Benefits. You should refer to the relevant Partner’s terms and conditions of supply for further details regarding your rights.
8. Platform content
8.1 The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. Although we try to update the information published on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Portal is accurate, complete or up to date.
8.2 The information and materials supplied by our Partners and Members and published on our Platform have not been verified or approved by us, and we cannot guarantee that any such information or materials are accurate, complete and/or up-to-date. The views expressed by the Partners or Members of our Platform do not represent our views or values.
8.3 We value our rights to our intellectual property, and we respect your and others’ rights to their intellectual property. Our Acceptable Use Policy explains in more detail how you can use the material published on our Platform and how we will use any content uploaded by you.
9. Online security
9.1 We put a lot of effort in keeping our Platform secure and we follow an international standard for best-practice in information security management. However, despite all these efforts, we cannot guarantee that our Platform will be absolutely secure, free from bugs or viruses, so you should use your own virus protection software.
9.2 We expect our Members to respect the security of our Platform and so you must not misuse our Platform by knowingly introducing viruses, Trojans or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, our servers or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be committing an offence and we may need to report any such breach to the relevant law enforcement authorities including by disclosing your identity to them. We may also notify your employer. In the event of such a breach, your right to use our online portal will cease immediately.
10. Our responsibility
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. For example, it is foreseeable that you would lose the money paid to us for a Benefit if we fail to deliver a valid voucher code to you.
10.2 Please also refer to paragraph 6.2 above for more details about our responsibility for the products or services provided by our Partners.
10.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
10.4 If defective digital content which we have supplied (e.g. an e-book or a video) damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.5 Our Platform is made available to you for private use only. If you use the Platform for any commercial, business or re-sale purpose (in breach of these Terms) we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. If things go wrong
11.1 If you have any issues relating to the use of our Portal, the redemption of your Benefits, and/or in relation to the payments, please let our Customer Success team know. Their contact details are: 02 8396 6812 or firstname.lastname@example.org. If the matter is within our power, we will try to resolve your issues quickly and efficiently, including by arranging a refund (if appropriate). We will contact the relevant Partner if your issues relate to their services and will try and help you resolve any issues you may have with them, including in relation to any refunds you may be due from our Partners.
11.2 When we reasonably believe that you have not followed these Terms (including our Acceptable Use Policy), we may take such action as we deem appropriate, including:
(a) issue of a warning to you and/or your employer;
(b) immediate, temporary or permanent withdrawal of your right to use our Platform;
(c) legal proceedings against you, including for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from your breach; and/or
(d) disclosure of such information to law enforcement authorities and/or your employer, as we reasonably feel is necessary or as required by law.
11.3 We will also revoke your access to our Platform if our agreement with your employer is terminated or if you are no longer engaged by the employer that provided you with access to our Platform.
11.4 If we suspend or revoke your access to our Platform, you will be able to redeem any Benefits purchased and/or delivered to you before the date of suspension or revocation, but you will not be able to purchase and/or order any new Benefits.
12. How we may use your personal data
13 Last but not least…
13.1 We may transfer our rights and obligations under these Terms to another organisation, for example, if our business is transferred or merged with another company.
13.2 These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.
13.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 These Terms are governed by Australia law and you can bring legal proceedings against us in the New South Wales courts.
PERKBOX PLATFORM ACCEPTABLE USE POLICY
1. How you may use material published on our Platform
1.1 We are the owner (or the licensee) of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
1.2 At this stage, we have no real worries that you would, but it has to be said: you cannot do anything that would bring us or our name into disrepute or cause damage in any way to our reputation. Our reputation means the world to us, so please inform us immediately if you become aware of anything that you believe may cause us any reputational damage.
1.3 Any content available on our Platform (other than content submitted by you, if any) is subject to the following rules:
(a) you may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others to content posted on our Platform;
(b) do not modify any paper or digital copies of any materials you have printed off or downloaded in any way, and do use any illustrations, photographs, video or audio separately from any accompanying text;
(c) acknowledge our status (and that of any identified contributors) as the authors of content on our Platform;
(d) do not use any part of the content on our Platform for commercial purposes without our consent in writing; and
(e) do not imply any sponsorship or association with us without first obtaining our approval in writing.
1.4 If you print off, copy or download any part of our Platform in breach of this Acceptable Use Policy, we may suspend or terminate your right to use our Platform and may require you to return or destroy any copies of the materials you have made.
1.5 You are not permitted to use our trade marks and trade names without our approval, unless they are part of the material you are using as permitted under the other provisions of this Acceptable Use Policy.
1.6 If you would like to use any of the content available on our Platform (including but not limited to any photographs, logos, videos, designs or images), please contact: email@example.com.
2. Rules about linking to our Platform
2.1 All Members may link to our home page, but only in a way that is fair and legal and does not damage our reputation or take advantage of it. Please do not frame our Platform on any other site and do not establish a link to our Platform on any website that is now owned by you.
2.2 Please do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We are open to new ideas, so if you would like to explore any such relationship with us, please contact us on firstname.lastname@example.org
2.3 If we feel that any link is not in line with or brand guidelines, and/or damages our reputation, we may withdraw linking permission without notice and require you to remove any links to our Platform, or to remove our name and/or logo, from your website. Alternatively, we may require you to make some changes in relation to the placing of our name and links to our Platform on your website.
2.4 The website in which you are linking must comply in all respects with the content standards set out in this Acceptable Use Policy. In particular, you should not link to our Platform or refer to us or our logos from any website which is indecent or inappropriate or in any other way incompatible with our reputation.
2.5 If you wish to link to our Platform other than that set out above, please contact email@example.com
3. We are not responsible for websites we link to
Where our Platform contains links to other websites and resources provided by third parties (including by our Partners), these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
4. Prohibited uses
4.1 You may not use our Platform:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; and/or
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
5. Content supplied by you
5.1 Whenever a functionality that allows you to upload content to our Platform, you must comply with the content standards set out in this Acceptable Use Policy.
5.2 Please remember that any content you upload to our Platform will be considered non-confidential and non-proprietary. You will retain all of your ownership rights in your content, but you are hereby granting us a licence to use, store and copy that content and to distribute and make it available to third parties.
5.3 We may need to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy. We will be very careful in relation to any such disclosures and will only do so if we believe that this is required under the applicable laws.
5.4 We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in this Acceptable Use Policy.
6. Interactive services
6.1.1 We may provide interactive services on our Platform allowing our Members to communicate with each other (interactive services).
6.1.2 Although we are not obliged to, we may monitor and/or moderate such interactive services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a Member in contravention of our Acceptable Use Policy.
7. Content standards
7.1.1 The Content Standards set out below apply to any and all material which you upload to our Platform, and to any interactive services made available on our Platform. You should comply with them to the letter, but also treat them as guidance as to what we may consider as appropriate or inappropriate.
7.1.2 Please ensure that all content submitted by you is:
(a) accurate (where it states facts);
(b) genuinely held (where it states opinions); and
(c) complies with the law applicable in England and Wales.
7.1.3 All content must not:
(a) be defamatory of any person;
(b) be obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trade mark of any other person;
(g) be likely to deceive any person;
(h) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) promote any illegal activity;
(j) be in contempt of court;
(k) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
(l) be likely to harass, upset, embarrass, alarm or annoy any other person;
(m) impersonate any person, or misrepresent your identity or affiliation with any person;
(n) give the impression that it emanates from us, if this is not the case;
(p) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
(p) contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
(q) contain any advertising or promote any services or web links to other sites.