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.

We can be contacted by telephone on +44 (0) 20 3963 2685 or you can email us on hello@pirkx.com.

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While we endeavour to keep the Website up to date, please be aware that at times content may be out of date.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.

3. Definitions

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.

  • “Account” means the account created upon registration to which you are able to upload data and from which you are able to access our Platform;
  • “Billing Date” has the meaning given to it in Section 5.2 (Payment and Failure to Pay);
  • “BHSF” means BHSF Employee Benefits Limited;
  • “Business Day” means any week day, other than a bank or public holiday in England;
  • “Business Hours” means between 09:00 and 17:00 GMT on a Business Day;
  • “Counselling Service” means the members assistance programme services provided by BHSF;
  • “Customer” means a corporate entity, an association or charity that created an Account or executed an Order with pirkx for a Subscription to the Platform;
  • “Customer Account Content” means all data that you upload to your Account and all resultant data subsequently added to your Account by our Platform, excluding any data that is available in the public domain and any data that has been derived by any of the Platform’s proprietary algorithms;
  • “Customer Affiliate” means an entity that controls, is controlled by, or is under common control with the relevant entity;
  • “Data Protection Laws” means as applicable and binding on both Parties:
    1. the General Data Protection Regulation (EU) 2016/679 (or “GDPR”) and/or any corresponding or equivalent national laws or regulations;
    2. the Privacy and Electronic Communications (EC Directive) Regulations 2003 and/or any corresponding or equivalent national laws or regulations;
    3. any laws or regulations implementing Directive 95/46/EC (the “Data Protection Directive”); and
    4. any applicable laws replacing, amending, extending, re-enacting or consolidating any of the above Data Protection Laws detailed in (a) – (c) above from time to time;
  • “Equals” means Equals Group Plc;
  • “Electronic Communication” means an electronic communication between you and us by fax or email;
  • “Force Majeure Event” has the meaning given to it in Section 11 (Force Majeure);
  • “GP Helpline” means a range of medical services provided by BHSF including 24/7 telephone consultation services, eConsultations, private prescription services as further detailed on the website;
  • “Intellectual Property Rights” means patents, rights to inventions, copyright, trademarks, business names and domain names, goodwill and the right to sue for passing off, rights in designs, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
  • “Order” or “Contract” means the binding legal agreement between you and pirkx for the provision of Services using the Platform as set out in Section 4 (Subscribing to the Platform);
  • “Partners” or “Service Providers” means People Value, Equals, BHSF and any other third party provider that pirkx may select from time to time;
  • “Partner Terms” means any Partner terms and conditions;
  • “People Value” or “PV” means People Value Limited;
  • “Personal Data” has the meaning given to it in the Data Protection Laws;
  • “Platform” means the pirkx online platform application (including all components thereof, on an individual and collective basis) which can be accessed via the Website or such other designated URL as pirkx may assign from time to time;
  • “Privacy Policy” means our privacy policy at https://pirkx.com/privacy_policies;
  • “Second Payment Attempt” has the meaning given to it in Section 5.2 (Payments and Failure to Pay);
  • “Services” means the access to the services provided by our Partners related to employee benefits and savings;
  • “Subscription” means the temporary, non-exclusive, non-sub licensable, non-transferable right that pirkx grants to the Customer and Users during the Contract Term in accordance with the access rights and limitations stipulated in these Terms;
  • “Subscription Fee” means the fixed subscription fees payable for the duration of the Contract Term in accordance with your Order;
  • “Subscription Period” means the monthly, quarterly, or annual period for which you subscribe to our Services. All Subscriptions automatically renew at the end of each Subscription Period unless cancelled in accordance with Section 6;
  • “Contract Term” means the initial Subscription Period and all subsequent Subscription Periods until the Contract is cancelled in accordance with these Terms;
  • “Terms” means these standard terms of service;
  • "Users" means Customer's employees, consultants, contractors, and agents (a) who are invited by Customer to access and use the Services under the rights granted to the Customer pursuant to these Terms; and (b) for whom access to the Services has been purchased hereunder;
  • “Virus”  means any thing or device (including any software, code, file or programme) which may:
    1. prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device;
    2. prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by rearranging, altering or erasing the programme or data in whole or part or otherwise); or
    3. adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices; and
  • “Vulnerability” means a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity or availability, and the term Vulnerabilities shall be construed accordingly.

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:

  1. you are legally capable of entering into binding contracts;
  2. you are at least eighteen (18) years old; and
  3. if you are an individual placing an Order on behalf of a business or an organisation, you are authorised to place the Order on their behalf.

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

The Terms and our Privacy Policy apply to your use of our Platform and the Services via our Website only. Each Partner has and maintains their own Partner Terms which, by using the Services, you agree to be bound by. We accept no responsibility for any Partner Terms, please ensure you have read and understood the Partner Terms before using any Service.

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:

  • Annual £45.00;
  • Quarterly £12.00;
  • Monthly £4.50.

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:

  • monthly Subscription Periods – five (5) Business Days prior written notice;
  • quarterly Subscription Periods – ten (10) Business Days prior written notice; and
  • annual Subscription Periods – twenty (20) Business Days prior written notice.

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:

  1. abide by and comply with the Terms;
  2. comply with all applicable laws, including, without limitation, the Data Protection Laws, intellectual property laws, anti-spam laws, export control laws, and regulatory requirements;
  3. comply with all terms of use and similar rules concerning your use of any services provided by our Partners;
  4. provide accurate information to us and keep it updated;
  5. use your real name on your profile; and
  6. use the Platform in a professional manner.

You agree that you will not:

  1. act in an unlawful or unprofessional manner in connection with the Platform, including being dishonest, abusive or discriminatory;
  2. post Customer Account Content that infringes upon any rights of any third party, including but not limited to any intellectual property rights, privacy rights, and rights of publicity;
  3. post Customer Account Content that:
    1. is harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, airing personal grievances or disputes, or otherwise inappropriate or objectionable;
    2. depicts sexually explicit images;
    3. promotes unlawful violence;
    4. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, or physical or mental illness;
    5. may create a risk of any other loss or damage to any person or property;
    6. may constitute or contribute to a crime or tort;
    7. contains any information or content that is illegal or facilitates illegal activity;
    8. is otherwise illegal or causes damage or injury to any person or property;
    9. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
    10. contains any information or content that is not correct or current. You agree, represent, and warrant that you have the right to post your Customer Account Content, and the Customer Account Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property, rights of publicity, and privacy rights.
  4. disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer/employee));
  5. copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines), without the consent of pirkx;
  6. violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission;
  7. violate Intellectual Property Rights or other rights of pirkx;
  8. introduce or permit to be introduced anything that contains software Viruses, worms, Vulnerability or any other harmful code;
  9. attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;
  10. take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  11. upload invalid data, Viruses, worms, or other software agents through the Platform;
  12. create a false identity, impersonate another person or otherwise misrepresenting who you are or your affiliation with a person or entity;
  13. create a User profile for anyone other than yourself;
  14. use or attempt to use another’s account;
  15. interfere with the proper working of the Platform;
  16. attempt to copy, modify, duplicate create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means;
  17. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to a form perceivable to a person, all or any part of the Platform;
  18. access all or any part of the Platform in order to build a product or service which competes with the Platform;
  19. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party;
  20. attempt to obtain, or assist third parties in obtaining, access to the Platform other than as provided for under these Terms;
  21. bypass the measures we may use to prevent or restrict access to the Platform.
  22. override any security feature of the Platform;
  23. interfere with the operation of, or place an unreasonable load on, the Platform (such as, spam, denial of service attack, or viruses);
  24. collect or harvest any personally-identifiable information, including user or account names, from the Platform;
  25. use any portion of the Platform as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
  26. solicit contact information or other personal information from Users you do not know, without authorisation;
  27. remove any copyright, trademark or other proprietary rights notices contained in or on the Platform; or
  28. use the Platform for tasks that it is not intended for.

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:

  1. death or personal injury resulting from its negligence; or
  2. fraud or fraudulent misrepresentation.

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:

  1. any loss or damage incurred as a result of third party claims;
  2. any inaccuracies, errors or omissions in information on our Website or in the Platform and any use of or reliance on any content displayed on or given via the Platform or any related social media or third party sites;
  3. use of third-party websites linked to our Website or Platform;
  4. any unavailability or technical difficulties encountered in the use of the Website or Platform;
  5. a virus or other technologically harmful material that may affect your computer or other hardware, software, data or other materials and which arises from your use of the Platform or your downloading of any content;
  6. any loss or damage arising from the use of your credit or debit card on our website;
  7. any delay in providing or failing to supply the Services;
  8. any loss of profits, loss of income, loss of business, loss of anticipated savings, loss of sales or turnover, loss of, or damage to reputation, loss of contract or commercial opportunities or loss of customers;
  9. any indirect, consequential or pure economic loss, costs or damages, charges or expenses however characterised or described;
  10. loss of use of any software or data, loss of use of any computer or other equipment or plant, wasted management or other staff time, (in each case whether direct or indirect); or
  11. any losses arising out of or in relation to a Force Majeure Event.

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.

12. Indemnification

You agree to indemnify and hold us, our subsidiaries, affiliates, officers, Partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Platform (including, without limitation, use of content in breach of third party terms and conditions), use of your Account by any third party, the violation of the terms of use by you, or the infringement by you, or any third party using your Account, of any Intellectual Property Rights or other right of any person or entity.

13. Disclaimer

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

pirkx is committed to protecting the privacy of your personal information and the personal information of any Users you invite to the Platform. By using the Platform and the Services, you acknowledge and agree that pirkx’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

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.

15. Cookies

The Website stores cookies on your computer. These cookies are used to improve our Website and provide more personalised services to you, both on the 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.

16. General

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 hello@pirkx.com 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).