Dated 4 July 2019

pirkx Terms and conditions

IMPORTANT INFORMATION

About the information contained on our website

It is important to appreciate that the information held on this website is not controlled when it is in printed format and that the content will be updated periodically to take account of changes such as, but not necessarily restricted to legislation, regulation, company practice and specific terms and conditions.  Before you make any decisions based upon printed versions of this content please refer to the latest version of either the website or other supporting material that may be in place at that time. If you would like a printed copy of this material, please contact Pirkx Limited [“pirkx”].

The information contained on this website should not be viewed in isolation and is based on pirkx's views and understanding of current UK legislation, which is subject to change without notice, and should be read in conjunction with other relevant literature which may be available including that held within the public domain.  Your decisions should not be made purely upon the information that is held on the website since this will not take into consideration an individual’s circumstances, objectives and tax situation as well as your personal knowledge and experience.

The content of the website is the property of pirkx and nothing in this website assigns any intellectual property rights in any pirkx software, documents, or processes or in any other proprietary information or systems pirkx uses to supply products and services.  Any disclosure, reproduction, copying, distribution, or other dissemination of the website is strictly prohibited.

The content of pirkx’s website is targeted at UK consumers, over 18 years of age.  The information contained therein should not be regarded as an offer or solicitation to conduct business in any jurisdiction other than the UK.  Consumers who are resident in or citizens of, countries other than the UK may be subject to different legislative and regulatory restrictions.

Whilst pirkx take responsibility to ensure that the information contained within this website is accurate and up to date, we do not accept any liability for any errors or omissions.  If you are in any doubt as to the validity of information made available, we recommend you seek verification by contacting us. Any figures provided by the website should be used as a guide, not be relied upon and accuracy is not guaranteed.

If you are in any doubt as to how the content of this website impacts upon your own situation or circumstances you should seek personal advice or guidance from a subject matter expert who may reserve the right to charge a fee for their services.  Separate terms and conditions will apply to products and services offered by pirkx.

Whilst we take all reasonable steps to ensure this website is always accessible we will not be held liable if, for any reason, the website is unavailable for any period.  We may also have to suspend access to the website for routine or emergency updates and maintenance and we will endeavour to keep any disruption to a minimum.  In addition, we cannot warrant that this website will be free of viruses or defects of any description and we will not be held responsible for any technical problems you may suffer as a result of your use of the website.

pirkx website contains links to other websites operated by third parties.  The responsibility for the operation and content of those websites shall rest solely with the authority or organisation identified as controlling the third-party website and will be governed by separate terms and conditions.  Links are provided for convenience and inclusion of any link does not imply endorsement in any way of the site to which it links.  We accept no responsibility or liability for the contents of any linked website.

pirkx accept no liability or responsibility for user error or user abuse of the website.

Customer Due Diligence

pirkx reserves the right to undertake customer due diligence checks and background searches.

Your application may be rejected without explanation and pirkx shall not be liable to provide any proposals for suggested alternative solutions, or compensation for any loss of benefits.

Company information

Pirkx Limited is registered in England 11303113.

Registered office:  Baldwins Accountants, Ventura Park Road, Tamworth, Staffordshire, United Kingdom, B78 3HL

Regulatory information

pirkx is not regulated and authorised by the Financial Conduct Authority (FCA) for the sales and marketing of financial services and insurance products.  pirkx provides the opportunity for you to be introduced to financial services product providers and the responsibility for the promotion and marketing, as well as the suitability of product sales will lie with them and not pirkx.  All enquiries in respect of financial services products should be referred directly to the product provider or insurer.

The content of the pirkx website does not override the governing documents of any plans that are issued directly to you from an insurance product provider. In line with financial services legislation and / or the insurance product provider’s terms and conditions there may be restrictions and placed on policy eligibility for which pirkx hold no responsibility. The insurance provider will be responsible to inform you of insurance policy terms and conditions as well as, features, benefits, risks commitments, remuneration terms and statutory cancellation rights. pirkx accept no responsibility for the suitability of insurance products which are introduced to you through this website.

pirkx accept no responsibility and will not be held liable for the products or the delivery of services supplied by our selected business partners, including, but not necessarily restricted to, City Forex who supply the pirkxfx service, People Value Limited who supply the Advantage service and BHSF which includes the availability of GP (General Practitioner) Helpline and the counsellor service. Separate terms and conditions are available for pirkx business partners.

Data protection

pirkx is registered with the UK Information Commissioner’s Office (ICO) as Data Controllers and endeavour to follow all of the guidelines and rules set out in the General Data Protection Regulation (GDPR) 2018.

Costs

The costs of benefits provided by pirkx are transparently disclosed upon the website.

Corporate or Association or Charity customers are contracted to a minimum agreement of a 12-month term for their worker / member subscriptions.Employees/ Contract workers/ members who pay for themselves are contracted to a minimum agreement of a 12-month term.

Individual worker / member costs:

  • Annual £45.00*
  • Quarterly £12.00*
  • Monthly £4.50* (First 3 months subscriptions to be paid upfront which is non-refundable)

*inclusive of VAT.

VAT

All costs are subject to VAT unless confirmed as inclusive.

Termination

The agreement with pirkx can be terminated with immediate effect at any time with written notice being provided to pirkx, subject to any fees or costs due being paid in full.

E-mails

Marketing e-mail communications are for information only.

E-mails are private and confidential and protected by copyright.  It may also be privileged or otherwise protected by other legal rules.  Access by or disclosure to anyone other than the intended recipient for any reason other than the business purpose, for which the message is intended, is unauthorised.  If you receive an e-mail in error, notify us, delete it and do not make use of or copy it.

E-mails and any attachments may not be secure. pirkx does not accept legal responsibility for the contents.  Any views or opinions presented are solely those of the author and do not necessarily represent those of pirkx unless otherwise specifically stated.

E-mails and any attachments should be treated with caution as they may contain viruses. pirkx has taken reasonable precautions to minimise this risk, but we advise that they are virus checked before opening as pirkx can take no responsibility for any computer viruses which might be transferred by way of e-mail.

Cookies

This website stores cookies on your computer.  These cookies are used to improve our website and provide more personalised services to you, both on this website and through other media.  Some of the cookies we use are essential for parts of the site to operate and have already been set.  To find out more about the cookies we use please see our Privacy Policy.

People Value Terms and conditions

These Terms and Conditions (“Conditions”) constitute the only basis on which People Value Ltd (PV) agrees to supply its Advantage Service to Customer.

Definitions

In these Conditions the following terms have the following meanings:

“Conditions” means these Conditions;

“Advantage Service” means PV’s current version of its Advantage web-based User benefit and the relevant features of that service.

“Customer” means the company whose Users have access to the Advantage Service.

“Distributor” means the party who are supplying the Advantage Service to the Customer which in this case is pirkx.

“Effective Date” means the date of commencement of the Advantage Service;

“User” means the person who is licenced to have access to Advantage Service as a licenced user.

“PV” means People Value Limited of Victor House, Wheatley Business Centre, Old London Road, Wheatley, Oxon, OX33 1XW;

1 Agreement

1.1 The parties to these Conditions which shall prevail over any inconsistent terms which Customer may seek to introduce on any purchase order or any other communication for the supply of the Advantage Service. Such inconsistent terms shall have no effect on any supplies made by PV to the Customer.

1.2 Subject to these Conditions PV grants User’s access to the Advantage Service from the Effective Date.

2 Access

2.1 PV shall use its reasonable endeavours to ensure that User has access to the Advantage Service but such access is subject to the end user terms identified and agreed with each User on first access to the Advantage Service.

3 Warranties

3.1 PV warrants to the Customer that:

3.2 it has the right, authority and title to grant the Customer a license to use the Advantage Service.

3.3 PV warrant that; (a) The Advantage Service is provided in accordance with these Conditions; (b) The Advantage Service is to the best of PV’s ability free from faults and any faults with the Advantage Service will be the sole responsibility of PV to rectify. PV will use its best endeavours to ensure that Advantage Service is free of viruses, worms and trojan horses and other newly created viruses; and in any event, it is the sole responsibility of PV to remove any virus, worms and trojan horses and other newly created viruses from the Advantage Service. PV will take all technical and organisational measures to ensure that Customer and User data is kept secure and protected against loss, destruction and damage, and protected against unauthorised access, use, modification, disclosure or other misuse (including but not limited to in accordance with relevant Data Protection Legislation).

3.4 PV shall not be liable for a breach of the warranties in this clause 3, if such breach arises directly or indirectly because a) where fault is attributed to misuse of the Advantage Service by a User b) causes external to the Advantage Service including but not limited to malicious virus attack, c) failure or fluctuations of electrical power, fire, flood, war, acts of terrorism, hacking or other natural disasters.

4 Service Fulfilment

4.1 The warranties and remedies given by PV to Users in respect of products and services procured through the use of the Advantage Service are those which are given by the retailer, manufacturer or owner (as the case may be) of such products and services to PV and are subject to any relevant limitations and exclusions imposed by such manufacturer or owner available on their website or within the packaging for such products.

4.2 Customer shall not resell or otherwise make available the Advantage Service to any third party except to its Users. Any breach of this provision shall be a material breach of these Conditions.

5 Limitation of liability

5.1 Subject to Clause 5.2, in no event shall PV be liable in contract, tort (including negligence), breach of statutory duty or otherwise howsoever for: (a) any loss of profit; (b) loss of business; (c) loss of goodwill; (d) loss of contracts; (e) loss of revenues or loss of anticipated savings; or (f) any increased costs or expenses; or (g) loss of, damage to or corruption of data; or (h) any special, indirect or consequential loss or damage of any nature whatsoever, whatever the cause thereof arising out of or in connection with these Conditions.

5.2 Nothing in these Conditions excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence to the extent that the same is prohibited by UK statute.

5.3 PV’s sole obligations and liabilities in respect of the provision of the Advantage Service are as stated in these Conditions and all other representations (innocent or negligent), conditions, warranties and terms express or implied whether by statute, law or otherwise are hereby excluded to the fullest extent permitted by law.

6 Miscellaneous

6.1 Each party shall treat as confidential such information obtained from the other pursuant to these Conditions (including, where the Customer is the recipient, without limitation, the Advantage Service and the PV documentation) and shall not divulge such information to any person (except to such party’s own employees and then only to those employees who need to know the same) without the other party’s prior written consent provided that this clause shall not extend to information which was rightfully in the possession of such party prior to signature of this Conditions. Each party shall ensure that its employees are aware of and comply with the provisions of this clause.

6.2 Customer shall not assign the benefit of this Conditions in whole or in part without the prior written consent of PV.

6.3 Neither Party shall be responsible for any failure to perform these obligations for reasons beyond its reasonable control.

6.4 Save as expressly stated herein or the enforcement of any intellectual property rights the parties hereby expressly exclude the provisions of the Contracts (Rights of Third Parties) Act 1999.

6.5 The UK shall be considered the principal place of performance of services or publication of material over the Internet or and these Conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby agree to submit to the non-exclusive jurisdiction of the English Courts.

6.6 No failure or delay of either Party in exercising any right, power, or privilege under these Conditions (and no course of dealing between the Parties) shall operate as a waiver thereof.

6.7 If any provision of these Conditions or any part of such provision is held invalid or unenforceable, the remainder of the provisions contained herein will not be affected thereby and each remaining provision or part thereof will be valid and enforceable to the full extent permitted by law.

6.8 This Conditions represents the entire Conditions between the parties to exclusion of all other communications and supersedes all other Conditions relating to the subject matter thereof.

6.9 PV shall own and be fully entitled to use in any way it deems fit any intellectual property, skills, techniques, materials, concepts or know-how acquired, developed or used in the course of performing the Advantage Service and any improvements made or developed during the course of delivery of Advantage Service.