PERKLER™ is a community designed to enable people to access and share information about loyalty programs and their associated benefits.
www.PERKLER™.com and associated domains and applications (“PERKLER™”) are provided by Cubbyhole Pty Limited, based in the Australian Capital Territory, Australia. For the purposes of these Terms of Use PERKLER™ refers to Cubbyhole Pty Ltd (ABN 36 128 318 070), its subsidiaries, affiliates, partners, officer, employees, agents and licensors. By accessing www.PERKLER™.com or associated domains, widgets or applications developed by Cubbyhole Pty Ltd, you agree to abide by the practices described in these Terms of Use. The Terms of Use should be understood to cover all associated products and services, though specific Terms of Use for new or existing products or services may be developed and apply. These terms and conditions may be updated or altered and the modification date will be present at the top of this page.
Eligibility
PERKLER™ is designed for people aged 18 or over. If you are under 18 you should not be using PERKLER™ without the permission of a parent or guardian. You must speak to a parent or guardian before continuing to use this website.
General Use of the Site
Non-Members
PERKLER™contains a detailed search engine (“The PERKOLATOR™”) that can be accessed and used without the need to become a registered user. Viewing any pages on PERKLER™ or utilising the search engine is an information service with information, including links, verified to the best of our ability. You should use this information as a guide only and not rely on it solely in your decision making about programs or perks.
Members
By registering on PERKLER™, you can receive a more tailored and personalised experience. Our aim is to deliver aggregated data to you for your benefit based on the broad parameters of likes, location and loyalty programs.
In order to use all of the services associated with PERKLER™, you will be asked to complete a registration form and create a username and password. During registration you are required to give contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest.
In registering with PERKLER™, you agree to provide accurate, current and complete information about you as prompted by the process. Maintenance of username and password is your responsibility and you must update Cubbyhole Pty Ltd of changes to any of this information to ensure our data is accurate. You are fully responsible for your account and any actions that may arise from establishing your membership with PERKLER™.
Registration with PERKLER™ automatically generates a Member Profile Page. This Profile Page allows you to formally add additional detail such as your location, age, likes and program membership (“Member Content”). Your Profile comes with fully adjustable privacy settings and you decide what Member Content is shared and with whom.
Conduct on PERKLER™
Once registered you can generate Member Content by accessing the PERKOLATOR™, updating or editing your profile (including photos or avatars if you choose to), joining forums and discussions and contacting and communicating with other Members.
By generating Member Content you agree to abide by the PERKLER™ Conduct Rules:
- You agree that no Member Content submitted through your account or transmitted in any other way violates or infringes upon the rights of any third party (including trademark, copyright, personal or privacy rights);
- You agree not to engage in any activity that results in libellous, defamatory, harassing, vulgar, fraudulent, vilifying or otherwise unlawful Member Content being generated;
- You will not undertake any action that may disable, impair or distort the intended use of PERKLER™, such as using automated scripts to collect information, introducing viruses, harvesting of collecting personal information of others (such as email addresses) or sending unsolicited communications, create or introduce spam, chain letters, pyramid schemes or other kinds of junk mail;
- You have not registered as a member of PERKLER™ for anyone other than yourself, nor impersonate any other person or mis-represent personal information such as your age or affiliations;
- You should not enter any personally identifiable information – PERKLER™ does not require credit card numbers, social security or other personal information;
- You will not solicit personal information from anyone under 18, or encourage users under 18 to use PERKLER™
- You must not engage in, encourage or describe any criminal or fraudulent activities (including deliberately listing or discussing Perks or offers that are not accurate);
- You are responsible for interactions with other PERKLER™ Members. Though PERKLER™ may monitor these interactions resolution of any conflict is your responsibility;
- You respect the privacy of others and abide by the Privacy Policy.
We reserve the right to delete any Member Content that we believe contravenes these conduct rules and to delete full memberships accounts if in our opinion the conduct rules have been broken. We also reserve the right to store any Member Content we feel may be of interest to legal authorities.
Proprietary Rights and Copyright
Copyright and other intellectual property rights in all text, graphics, information, data and other content (material) contained on this website is owned by or licensed to us. Except to the extent required to view content on the website, you are not authorised to download, copy, reproduce, broadcast, communicate, display or use for any other purpose, any of that Material without prior written permission from Cubbyhole Pty Ltd. You are responsible for all of the Member Content you introduce to the site. When you create Member Content you authorise us to make copies and store that information as required by us to maintain the operation of the site. You must not create any Member Content that contravenes the Conduct Rules or that you do not have proprietary rights or copyright ownership of. You agree that PERKLER™ has the right, but not obligation, to review content to ensure it meets these Terms of Use and delete or remove any content that does not. By publishing Member Content within PERKLER™ you automatically grant (and warrant that you have the right to grant) global, transferable and irrevocable license to PERKLER™ to copy distribute, edit, translate and publicly display this Member Content for any purpose. You may remove Member content at any time and when you do this license will automatically expire, however you agree that PERKLER™ may retain copies of this information and it may still be viewed in areas of PERKLER™ where you have chosen to share it, outside of your Member Profile Page (such as comments in forums). PERKLER™ does not assert ownership of your Member Content – this remains yours and you retain any intellectual property rights with regard to that Content.
Security and Privacy
By accessing this site you agree to be bound by the terms of the privacy policy.
Members of PERKLER™ are required to supply a username and password in order to login and utilise PERKLER™ products and services. By using PERKLER™ you agree to maintain the security of your password and any other identifying information. PERKLER™ is not responsible for any actions arising from the mis-use of accounts. You must notify PERKLER™ of any unauthorized use of your account or any other security breach.
PERKLER™’s business processes and structure mean that even though communications may seem to be within a geographic zone, they may in fact move electronically between a number of areas such as Australia and the United States or other countries where PERKLER™ infrastructure is supported. By using PERKLER™ you acknowledge and agree that Member Content will be international in nature.
Third Party Sites
PERKLER™ is designed to make you aware of, and able to act on, perks and offers that relate to your memberships, likes and geographic location. As such there are a large number of external links to Third Party sites – both within the results of searches and content creation and via direct advertising by program owners. Pages may also contain links to external articles and blogs. PERKLER™ is not responsible for your interactions with any Third Party site. Information on PERKLER™ has been verified to the best of our ability and you agree that PERKLER™ will not be responsible for any loss or damage of any sort incurred by you as a result of dealings or attempted dealings with any Third Party. Similarly you agree that PERKLER™ is not responsible or liable for any content, advertising, products or services that may be contained on these sites. You should also read the PERKLER™ Privacy Policy for guidelines on the transmission of personal information or any content between yourself and Third Party sites.
Jurisdiction
PERKLER™ is incorporated and controlled from the Australian Capital Territory in Australia and as such by using PERKLER™ you agree to use the site of your own volition in this jurisdiction. Acknowledging the international use of the Internet and electronic communications, if you choose to access the site from any other jurisdiction you are deemed to be responsible for any local law and regulation for the United States or any other jurisdiction in which you reside. The laws of the Australian Capital Territory, Australia, govern these terms and conditions, and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that Territory.
Trademark
PERKLER™ and PERKOLATOR™ are trademarks of Cubbyhole Pty Limited and you agree not to reuse these terms or marks without written permission.
Disclaimers
PERKLER™ is primarily an information service, which provides “Join Up”, advertising and data facilities. It provides links directly to loyalty program sites that are external to PERKLER™. While the information on this website has been verified to the best of our ability from sources including public program websites, industry forums and user input, it is at all times subject to change by individual loyalty program owners and other specific content creators not affiliated or associated with Cubbyhole Pty Ltd. For this reason, we cannot guarantee its accuracy and you (the customer) are responsible for any actions arising from your use of PERKLER™.
Additionally you agree and understand that:
- PERKLER™ is provided on an “AS IS” basis and that use of PERKLER™ is at your risk;
- You will use any information accessed via PERKLER™ using your own discretion and risk;
- PERKLER™ makes no warranty or guarantee that PERKLER™ will meet your requirements, be provided uninterrupted or in a timely or secure manner;
- Any material, offer or communications (leading to products or services) you access via PERKLER™ or Third Parties via PERKLER™ will meet your requirements or be of a set quality;
- Any written communication between PERKLER™ or a Third Party via PERKLER™ will not be warrantied outside of the limits set by these Terms of Use;
- Certain medical conditions such as elliptical seizures can occur when viewing screens and light via services such as PERKLER™ does not recommend use of the site by anyone with adverse medical conditions.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PERKLER™ AND ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, PARTNERS, AGENTS AND ADVERTISERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLIARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PERKLER™ HAS BEEN ADVISED OF THE POTENTIAL OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE
- THE COST OF PROCUREMENT OF SUBSTITUTED GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM PERKLER™
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (MEMBER CONTENT AND GENERAL SEARCH)
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PERKLER™
- ANY OTHER MATTER RELATING TO PERKLER™.
Indemnity
You agree to indemnify and hold PERKLER™ and its affiliates, officers, employees, partners and advertisers harmless from any claim or demand, including reasonable legal fees, made by a third party due to or arising out of content you submit, post, transmit or otherwise make available through PERKLER™. You agree to this indemnity clause with regard to any content you read, act on or otherwise take note of supplied by PERKLER™. This indemnification also relates to any violation of the Terms of Use by you or violation of the rights of another by you.
Complaints, questions and communication
If you have concerns or questions with regard to these Terms of Use please contact PERKLER™ at feedback at PERKLER™ dot com.
PERKLER™ takes the rights of its members seriously. Contact us if you feel another user has broken any of the terms of use or if:
- You feel your intellectual property (trade mark or copyright) has been infringed;
- You feel your rights have been infringed;
- You feel you have been harassed in any way.
Effective as of 14 April 2008
Last Modified 3 June 2008
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