Pirkx Terms and Conditions
Terms of Service
Last updated: 3 April 2020
PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) THE TERMS AND THE ONLINE REGISTRATION FORM TOGETHER FORM A BINDING AND EXECUTED AGREEMENT BETWEEN CUSTOMER AND PIRKX, EFFECTIVE AS OF THE DATE OF REGISTRATION BY THE CUSTOMER AND/OR USER.
1. Company Information
pirkx is the trading name of PIRKX Limited, a limited company registered in England and Wales under company registration number 11303113 with the registered office address at C/O Baldwins Accountants, Ventura Park Road, Tamworth, Staffordshire, United Kingdom, B78 3HL (“pirkx”, “we”, or “us”, or “our”). Our VAT number is 303906230.
pirkx is not regulated or authorised by the Financial Conduct Authority (“FCA”) for the sales and marketing of financial services and insurance products. pirkx provide 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.
2. Purpose of the terms
The Terms apply to any Services purchased via our website at https://pirkx.com (the “Website”). By clicking on our Website you agree to the Terms. If you do not agree to them you should not subscribe to our Platform and/or Services.
The most current version of the Terms is dated above. We reserve the right to update and change the Terms at any time without notice. Continued use of the Website after any such changes shall constitute your acknowledgement and agreement to such changes.
While we endeavour to keep the Website up to date, please be aware that at times content may be out of date.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.
If you are in any doubt as to how the content of the 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.
In the Terms we use certain words to add clarity. Where you see one of the words below in the Terms or in any Order, it has the meaning set out below.
4. Subscribing to the Platform
4.1. Customer and User Due Diligence
pirkx reserves the right to undertake Customer and User 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.
pirkx will verify and validate each Customer and User in order to ascertain their identity. For Customers, the following checks may be performed: Companies House verification, VAT number verification, checks to ascertain if the Customer website matches the email domain, potential manual verifications i.e. calling the key contact from the Customer and any other checks we may consider relevant and/or appropriate.
For Users that Customer invites to use the Platform, Customer agrees that pirkx may contact such Users for the purposes of ascertaining the User’s identity. Customer is responsible for obtaining consent from each individual User, that they invite to use the Platform, to share the User’s data, including Personal Data with pirkx, in order for pirkx to contact the User via email and/or telephone.
4.2. Customers and Users
The content of the Website is targeted at Customers and Users over the age of eighteen (18) in England and Wales. The information contained therein should not be regarded as an offer or solicitation to conduct business in any jurisdiction other than England and Wales. Customers and Users who are resident in, or citizens of, countries other than the United Kingdom may be subject to different legislative and regulatory restrictions.
By creating an Account and Subscribing to the Services through the Website, you warrant and represent that:
4.3. Subscription Terms and Restrictions
Subject to the Terms, pirkx will make the Platform available to the Customers and Users during the Contract Term solely for the purposes of providing the Services.
Any Customer may create an Account free of charge, which they can use to invite Users to the Platform. Subscriptions are granted solely to Customers and their Users and not to any third parties (including any Customer Affiliates).
Customers and their Users will effect and maintain adequate security measures to safeguard against access or use of the Platform by unauthorised persons (including, without limitation, safeguarding all user names and passwords, and other security arrangements).
4.4. Steps to Subscribe
The steps you need to take to conclude a Contract with us are:
Reading and Understanding our Terms
These documents should be read carefully so you understand what you are agreeing to before you use our Platform and Services. The Terms apply to the use of the Platform and Services to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Creating an Account and Subscribing
Customers joining the Platform create a free Account. The Account allows Customers to place an Order by inviting Users on the Platform to benefit from Services under a particular Subscription. Payment obligations only arise when a Customer or User Orders a Subscription.
An Order for a Subscription is an offer and we are under no obligation to accept such an offer, acceptance of any Order is subject to the successful completion of our identity checks and other requirements/checks that we choose to impose. We shall inform you if we do not accept an Order as soon as reasonably practicable,
In the circumstances where we accept an Order, as soon as reasonably practicable and in any event within 5 days we will acknowledge, by email to the email address you provide, receipt of your Order.
You may receive an acknowledgment from our payment processor advising you whether or not your direct debit has been authorised. We do not store credit/debit card details.
Customers may pay the Subscription Fees for the Users they invite or each User may have a Subscription on a self-pay basis.
Payment of the Subscription Fees is made as detailed in Section 5 (Pricing and Methods of Payment).
By placing a request for a Subscription, Customer warrants that their Subscription is not dependent on any future functionality or features being added to the Platform.
5. Pricing and Methods of Payment
5.1. Subscription Fees
The Subscription Fees provided by pirkx are transparently disclosed on the Website. Subscriptions will run from Billing Date to Billing Date (‘Billing cycle’). The minimum Subscription Period being the chosen Billing cycle.
Subscription Fees are as follows:
Customers may also add our Counselling Service to any of their Subscriptions for an additional fee. The fee for this service if paid annually £2.40, quarterly £0.60 and monthly £0.20.
All fees and costs are inclusive of VAT unless stated otherwise.
5.2. Payments and Failure to Pay
Payment shall be made via direct debit in advance for the Subscription Period the Customer has selected. The billing date is the first Business Day of each Subscription Period (the “Billing Date”).
All payments are non-refundable and no refunds or credits are available for partial months of service.
If the direct debit mandate cannot be set up and the Subscription Fee cannot be credited to our account when payment is due, we will attempt to take payment on the first working day of the following month, irrespective of the type of Subscription you have opted for (the “Second Payment Attempt”). If we cannot take payment on the Second Payment Attempt, your Subscription shall not be renewed for an additional Subscription Period and your Subscription will be cancelled fourteen (14) days from the Second Payment Attempt.
Please note, unless otherwise stated on our Website, we may delete all Customer Account Content within fourteen (14) days after cancellation.
5.3. Price Variation
We may vary our Subscription Fees by providing you with thirty (30) days’ notice. Such notice will be deemed to have been received by you upon sending you a notification email to the email address listed on your Account page, or by notifying you via the Platform. Such price changes will take effect at the start of the next Subscription Period after the thirty (30) day notice period.
6. Cancellations and Renewals
6.1. Customers’ Rights to Cancel
Deleting your Account
Unless we delete your Customer Account Content pursuant to Section 5.2 (Payments and Failure to Pay) above, you are solely responsible for properly deleting your Account where contractually permitted to do so.
Deletion of your Account will be processed in ten (10) Business Days from when we receive your written request. Upon deletion of your Account, access to your Account will be blocked, all site monitoring will cease and all Customer Account Content will be deleted. This information cannot be recovered from pirkx once your Account is deleted even if you subsequently re-subscribe.
Your account can also be deleted online using your Account dashboard.
Cancelling/Renewing your Subscription
Your Account dashboard contains a “pre-ticked renewal box” (the “Renewal Box”) for each User you invite and pay for. If you do not wish to renew the Subscription you will have to untick the Renewal Box. Unticking the Renewal Box must be done at least three (3) Business Days before payment of the Subscription Fee is due.
Failure to untick the Renewal Box at least three (3) Business Days before payment of the Subscription Fee is due will automatically renew your subscription for the same Subscription Period. Payment for the new Subscription period will be automatically taken from your account via direct debit. This Payment cannot be cancelled or refunded.
Your Subscription may also be cancelled at any time during the Subscription Period provided we receive written notice from you to do so. Payment for that Subscription Period will not be refunded nor will any credits be awarded on the Platform for unused Services.
6.2. pirkx's Rights to Cancel
pirkx may terminate the Contract with you at any time by giving prior written notice as follows:
pirkx shall be entitled to terminate this Agreement at any time, including during the provision of any Service, by written notice to the other Party if the other Party contravenes Section 8 (Customer and User Obligations) of these Terms.
7. Intellectual Property Rights and Content Ownership
We claim no Intellectual Property Rights over the material you upload to the Platform. Your data profile and any Customer Account Content is and shall continue to be owned by you.
We do not pre-screen Customer Account Content, but we have the right (but not the obligation) at our sole discretion to refuse or remove any Customer Account Content that you upload to the Platform.
The design and content of our Website and Platform, and the material published on it, is protected by copyright and is owned by us. You may not duplicate, copy, or reuse any portion of the Platform or visual design elements without express written permission from us.
You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights in the Platform. Except as expressly stated herein, the Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Platform.
We confirm that we own all the rights, or have permission to use the rights, in relation to the Platform that are necessary to grant all the rights we purport to grant under, and in accordance with, the Terms.
If, however, a third party successfully claims that our Services breach that third party’s Intellectual Property Rights, you shall be entitled to a refund of the price of the Services (or a proportionate part of the price), but we are not accountable to you in any other way. In particular, we will not be responsible for any defects or Intellectual Property Rights claims arising from your customisation of the Services, your Account, any Customer Account Content or your other instructions.
8. Customer and User Obligations
You agree that you will:
You agree that you will not:
The Customers and Users shall use reasonable efforts to prevent any unauthorised access to, or use of, the Platform and/or Services and, in the event of any such unauthorised access or use, promptly notify pirkx.
We have the right to remove any posting you make on our site and/or disable your access to the Platform if, in our opinion, your post does not comply with the content standards set out in this Section 8.
9. Services Provided by our Partners
pirkx’s Website contains links to other websites operated by our Partners.
The responsibility for the operation and content of those websites shall rest solely with the authority or organisation identified as controlling the Partner’s 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 shall not be liable to you for any delay, failure, or improper performance of services provided by our Partners except as provided below in Section 10 (Limitation of Liability). Separate terms and conditions are available for pirkx’s Partners.
In respect of the GP Helpline and the Counselling Service, pirkx shall provide you with a phone number or other contact information that will direct you to a GP or Counselling Service provided by BHSF. pirkx shall not be liable to you for any delay, failure or improper performance of these services. Any complaints that may arise out of the use of the GP Helpline and/or the Counselling Service should be directed to BHSF directly.
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 and/or services will lie with them and not pirkx. All enquiries in respect of financial services products or services 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 placed on policy eligibility for which pirkx hold no responsibility. The insurance provider is and remains responsible for informing 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.
10. Limitation of Liability
This Section 10 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, sub-contractors and Partners) to you in respect of any breach of the Terms, any use made by you of the Platform and/or any supporting documentation or any part of them, and any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Terms.
Nothing in this Section shall operate to exclude or restrict the pirkx's liability for:
We shall not be liable on any basis, including without limitation in tort (including negligence or breach of statutory duty) contract, misrepresentation, restitution or otherwise for:
The entire aggregate liability of pirkx for any event or series of related events under or in connection with this Contract, on any basis, including without limitation in tort (including negligence or breach of statutory duty), for breach of contract, misrepresentation or restitution, is limited to and shall not exceed in any circumstance the total amount paid and payable by the Customer to pirkx under a Subscription during the twelve (12) month period immediately prior to the event that gives rise to the liability.
pirkx shall have no liability to the Customer on any basis, including without limitation in tort (including negligence or breach of statutory duty), under statute, restitution, or misrepresentation suffered or incurred by the Customer and arising out of or in connection with any breach by pirkx or termination of this Contract or the performance by the Customer of this Contract, unless a written claim is issued by the Customer within six (6) months after the date of such termination or breach of this Contract.
If any provision of this Section is determined to be invalid and/or unenforceable in whole or part, such determination shall not affect the validity and/or enforceability of the remaining provisions of this Section 10 (Limitation of Liability), which shall remain in full force and effect. The parties shall forthwith replace the invalid and/or unenforceable provision with a legally valid and enforceable provision which most closely corresponds with the business purpose of the provision which was deemed invalid and/or unenforceable.
11. Force Majeure
Force majeure events are events that happen and are outside our reasonable control, for example they include without being limited to acts of God, adverse weather conditions, strikes and industrial action, compliance with any law or governmental order, rule, regulation or direction, cyber-attack, global pandemics or failure of our suppliers (“Force Majeure Events”).
Force Majeure Events are outside our reasonable control and we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract or under these Terms that is caused by such events. Our performance under any Contract will be suspended for the period of time that the event occurs and we will have an extension of time for performance for the duration of that period of time. We will, of course, try to find a solution to help us to perform the Contract wherever possible.
The Platform and its content are provided “as is” and “as available” without any warranty or representations of any kind, whether expressed or implied.
We make no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Website or Platform.
We expressly exclude all representations and warranties, express or implied, in relation to the Services to the fullest extent permitted by law.
There may be contractual or technical limitations or restrictions to our Services imposed by third parties. You acknowledge and agree that such third parties can impose or change such limitations or restrictions at any time, and you will therefore be subject to such limitations or restrictions, which we take no responsibility for.
We do not warrant that all Services and data will be accessible at all times, nor do we warrant that we will be able to continue to provide access to all services and data during the Contract Term. Some of the Services are accessed through third party data sources and no warranty is expressed or implied that access to these services will be available in the future as such services may be withdrawn or modified at any time and without notice by such third parties.
Without limiting the foregoing, we specifically disclaim all warranties and representations as the publisher of any content transmitted on or in connection with the Website or on sites that may appear as links on the Website, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by us or any of our subsidiaries, affiliates, employees, officers, directors, agents, or the like shall create a warranty.
We reserve the right to perform maintenance on the Website and/or the Platform. Maintenance shall be performed to the extent possible outside Business Hours and we have no obligation to notify this to you.
To the extent maintenance will be performed during Business Hours we will provide you with reasonable notice.
14. Privacy & Data Protection
The Customer warrants that it has the legal right and all necessary consents to disclose all personal data that it discloses to pirkx (including but not limited to any personal data relating to the Users it invites to the Platform).
The Customer is and shall remain responsible for appropriately notifying the Users it invites on the Platform regarding the personal data that will be shared with us for the purposes of providing the Services.
pirkx warrants that it has in place appropriate security measures (both technical and organisational) against unlawful or unauthorised processing of personal data and against loss or corruption of personal data processed by pirkx on behalf of the Customer.
The Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, relating to the subject matter of any Contract. You acknowledge and agree that, in entering into a Contract, you have not relied on any statement, representation, undertaking or promise of any person (“Representation”), except as expressly stated in the Terms. You acknowledge and agree that the only rights and remedies available to you arising out of or in connection with any Representation, will be for breach of Contract as provided in these Terms, although this does not limit or exclude any liability for fraud.
Any notice which is given under the Terms or a Contract will be given either by Electronic Communication (which, if the notice is given by us, includes by posting notices on our Website), or if by you, by either pre-paid recorded delivery, addressed to us at the address in these Terms (see Section 1 above) or by email at firstname.lastname@example.org and, if by us, by first class post addressed to you at the address on your Order.
Any Electronic Communication from you will be deemed to be received when we acknowledge receipt of such notification.
If a court or other competent authority rules that any of the Terms or the provisions of the Contract are void or unenforceable in whole or part, the other terms or provisions of the Contract and the remainder of the void or unenforceable term or provision of the Contract will still be valid.
If we fail to exercise or delay in exercising a right or remedy provided by the Terms or by the Contract or by law it does not mean we give up those or any other rights or remedies. We reserve the right to exercise those rights or remedies in the future.
Any Contract is binding on you and us and on our respective successors or assigns. You may not transfer a Contract, or any of your rights or obligations arising under it, to any other person without our prior written consent. We may transfer a Contract, or any of our rights or obligations arising under it, to any other person at any time during the Contract Term.
We may perform any of our obligations or exercise any of our rights ourselves or through any third party provider.
A person who is not a party to these Terms or a Contract will have no right in relation to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
The Terms and any Contract will be governed by and construed in all respects in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).