Terms & Conditions

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Introduction

These Terms of Service (Terms) set out the conditions under which Perkx Pty Limited (ABN 54 693 392 068) (Perkx, we, or us) provides you access to trade promotions, discount offers, rewards and your use of the Perkx App (the App), and the information, content, features, and services provided by the App (the Service).

 

By using the App, or becoming a Perkx subscriber, you agree to comply with and be bound by these Terms and our Privacy Policy, as amended from time to time. If you do not agree to these Terms, you may not use the App or the Service, and by using the App, you agree to these Terms.

 

Perkx may amend these Terms at any time by updating them on the App, under Terms of Service. By using the App, you agree to be bound by any changes to these Terms. Perkx also reserves the right to make changes to the App and/or the Service at any time.

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The Services

Perkx offers subscribers access to exclusive discounts at leading brands across Australia and internationally (Deals). Additionally, subscribers can earn points (Earn My Perkx), for shopping via any of our affiliated brand partner links, as displayed and active in the App. These points can be accumulated and redeemed as a gift voucher or gift vouchers, as selected by the user from our list of participating brands within the Perkx App. As another feature of the App, Subscribers are given free entries which can be used in Promotional draws that are hosted on the App, on behalf of Sponsors (Brand Partners). Subscribers receive access to a personal dashboard in the App, where they can choose which features of the App they wish to engage with. They can also manage their subscription (including payment options) and update their details as needed.

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Perkx reserves the right to add, change, modify, suspend, or discontinue any portion of the Service at its sole discretion, at any time. Furthermore, Perkx may impose limits on any portion of the Service or restrict your access without notice or liability. Perkx will always manage trade promotion draws within legal compliance and will never remove entries from a draw that has closed prior to being drawn. Perkx will not edit or manipulate draw results under any circumstances. Draw results will be kept secure for at least 5 years after the completion of the draw, in line with legal requirements. After 5 years from completion of a draw, the results of that draw will be deleted.

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Account Registration and Security

To use the Service, you must sign in to the App, using one of the following 4 methods: Continue with Mobile – When you provide your Mobile number, we'll send you a code (OTP) via SMS. You must enter the code and follow the prompts to set up your account. Continue with Email – When you provide your Email, we'll send you a code (OTP) via your email. You must enter the code and follow the prompts to set up your account. Continue with Google – You will give permission for Google to share details with Perkx, that are necessary to validate your identification. Continue with Apple (iPhone users only) – You will give permission to Apple, to share details with Perkx that are necessary to validate your identification.

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You may only create an Account if you are 18 years of age or older.

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After initial sign in, by default, users will have a Free subscription. Users can navigate to their user profile, accounts and settings, and then update or edit their personal information at any time, within the App.

 

When you enter a Draw or select a Deal, you may be prompted to upgrade your subscription, or to complete your personal details. This is to ensure that you have valid entries into the Draw, or that you have a subscription that provides access to the relevant Deal, and to ensure that we have the correct details, in the event that you win a prize and we need to contact you. For more information, refer to Subscription Memberships and The Services.

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When registering, you agree that all Registration Information you provide is true, accurate, current, and complete. Failure to provide accurate information constitutes a breach of these Terms and may result in the immediate termination of your Account.

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To be compliant to these Terms of Service, you must regularly update your Registration Information to keep it accurate and current, and maintain the confidentiality of your password.

When creating an Account (Subscription), you must not use the email address or username of another person with the intent to impersonate them; use an email address or username with the intent to impersonate, imitate, or deliberately deceive; use a name subject to the rights of another person without authorisation; use a username that is profane, offensive, or otherwise inappropriate; use multiple email addresses to set up multiple accounts; or use variations of your name and/or email address to set up multiple accounts. Failure to comply with these above points will result in the termination of your account and where necessary or legally required, details of your offence may be passed on to law agencies and regulatory authorities.

You may not share or transfer your Account or password to anyone. You agree to immediately notify us at info@perkx.com.au of any known or suspected unauthorised use of your Account or breach of security. You are liable for all activities that occur under your Account, even if you did not commit them. Perkx is not responsible for any loss or damage arising from your failure to protect your password.

 

Subscription Memberships and The Services

Your purchase of a subscription supports the Perkx brand and provides the user with the beforementioned services (The Services). In support of our Brand Partners and the Perkx brand, Perkx offers free entries, to enter promotional draws, when you purchase a subscription. The number of free entries you receive is based on the subscription you have selected. Currently Perkx offers two (2) paid levels of subscription and one Free level of subscription:

 

Free – This level of subscription offers Perkx users The Services, with some limitations. Free Subscribers can select up to three (3) Deals (discount offers) from Australian and International brands per month. Free subscribers may take full advantage of the Earn My Perkx feature, where they can earn Points which may be redeemed for an eGift card, selectable in the Perkx App, after accumulation of enough points to enable selection of eGift card value (indicated by selecting points balance). The Free subscription also comes with 10 x complimentary entries, that the user may use to enter various draws that are offered by our Partners or by Perkx, that are not designated by "Plus Exclusive" or "Premium Exclusive" in the top left of the draw screen.

 

Plus – costs $5.99/monthly, with 20 x complimentary, free entries to use in any of the Partner or Perkx promotional draws that are designated "Plus Exclusive" in the top left of the draw screen. Plus subscribers may also enter draws that are available for Free subscription members. Plus subscribers may select any available Deal (discount offer), in the Deals screen of the Perkx App. Plus subscribers have unlimited access to the Earn My Perkx feature of the App, where they can earn Points which may be redeemed for an eGift card, selectable in the Perkx App, after accumulation of enough points to enable selection of eGift card value (indicated by selecting points balance).

 

Premium – costs $8.99/monthly, with 30 x complimentary, free entries to use in any of the Partner or Perkx promotional draws that are designated "Premium Exclusive" or "Plus Exclusive" at the top left of the draw screen. Premium subscribers can enter draws that are available for Free subscription members also. Premium subscribers may select any available Deal (discount offer), in the Deals screen of the Perkx App. Premium subscribers have unlimited access to the Earn My Perkx feature of the App, where they can earn Points which may be redeemed for an eGift card, selectable in the Perkx App, after accumulation of enough points to enable selection of eGift card value (indicated by selecting points balance).

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Your Plus or Premium subscription automatically renews at the end of each billing period for the same fee, unless you cancel before the renewal date.

Draws and Entries

Entries are automatically added to your dashboard within the App and automatically deducted in line with the entries you use in each Draw. If you are missing entries, please contact info@perkx.com.au. Participation in each Draw is subject to additional terms and conditions, specific to that promotion, which are available to read within each draw screen. When you enter a Draw, you are agreeing to the Terms and Conditions of that Draw. While similar, the Terms and Conditions for each Draw are different and you agree to read and understand them, before proceeding to enter any Draw.

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Fee Adjustments

We will not adjust your subscription fees without giving you at least 21 days' notice via App notification and email. New fees apply from the beginning of the next subscription period. Perkx will notify subscribers, three (3) times, prior to their next subscription renewal, in the case where the cost of the subscription will change. By not cancelling or downgrading your subscription during this notice period, you (the subscriber) have agreed to the new fees.

Account and Subscription Cancellations

You have no ownership rights in your subscription (account). Perkx may cancel your Account, delete your Registration Information, and remove your User Content at any time, without notice, for any reason (including a violation of these Terms or a security breach). Perkx is not liable for any damages resulting from this removal. Termination of your account will not remove you from any draws that have been closed and will not affect your chance of winning a prize in this event. Perkx will not refund any amount, for any number of days left in your monthly billing cycle, upon termination of your subscription (account) due to the abovementioned reasons.

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User-Initiated Cancellation

You may cancel your Subscription at any time by navigating to your App profile, selecting Membership, and then selecting Cancel Perkx Plus/Premium. Alternatively, you may contact info@perkx.com.au to cancel your Account.

Upon cancellation, no further payments will be taken, and your subscription will terminate upon completion of your current billing period. You may use your existing entry balance to enter draws until your subscription period expires, but you will not receive any further entries. Entries into closed draws which you have already entered remain valid, and if you win, we will make every attempt to provide you the opportunity to claim your prize.

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Payment Failures

If your subscription renewal payment fails, Perkx will notify you and attempt to process payment again. Depending on which app store you subscribed through (the Apple App Store or Google Play), your Plus or Premium features may remain accessible for a short grace period while payment is retried. If payment is not successfully processed within this grace period, your Plus and Premium features will be locked while payment continues to be retried for a further period. If payment remains unresolved after this combined retry window, your subscription will be automatically cancelled by the relevant app store. To resolve a failed payment, update your payment details directly through your Apple ID or Google Play account settings, as your subscription payment is processed by the app store you subscribed through, not by Perkx directly.

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Acceptable Use of Site and Service

You agree not to violate any applicable law or regulation in connection with your use of the Service. You agree you will not: infringe upon any copyright, trademark, patent, trade secret, or privacy right of any party; institute or assist in any attack (including denial of service attacks) or attempt to disrupt the Service or another person's use of it; attempt to gain unauthorised access to the Service, other users' Accounts, or connected networks; make false, misleading, or deceptive statements regarding Perkx or the Service; engage in phishing, pharming, or stealing any person's identity; obtain email information of other Account holders or use bots, spiders, viruses, or Trojan-horses to access, distort, or damage the Perkx Platform; or intercept or observe proprietary communications protocols used by Perkx.

The Site and Service are operated by Perkx Pty Limited in Australia. Users accessing the Service from outside Australia do so on their own initiative and are responsible for compliance with local laws.

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Comments and User Content

 

All comments, feedback, suggestions, and ideas you submit to us (Comments) become our exclusive property. Submitting Comments constitutes an assignment to us of all worldwide rights and intellectual property in the Comments, and a waiver of moral rights.

We are under no obligation to maintain Comments in confidence, pay compensation for them, or respond to them. You are solely responsible for your Comments and warrant that you own the rights to post them. All online communications and personal information will be handled in accordance with our Privacy Policy.

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Third-Party Offers and Hyperlinks

Third-Party Offers: Services, products, and discounts provided by partners (Third-Party Offers) are for the benefit of our paid members; their inclusion is not an endorsement. Perkx makes no warranties regarding the accuracy, quality, or safety of Third-Party Offers. We are not a party to these transactions, and you agree to release and indemnify us against any claim or loss relating to your use of third-party goods or services.

 

Hyperlinks: The Site may contain links to external websites for convenience. Perkx does not control these sites and is not responsible for their content. You may not link to our Site without prior written consent. If consent is granted, the link must not dilute Perkx's goodwill, create a false appearance of affiliation, or display our Site within a frame. We reserve the right to revoke linking consent at any time.

Intellectual Property

 

The content, layout, trademarks, logos, graphics, and user interfaces (Perkx Intellectual Property) are the property of Perkx and are protected by Australian and international laws. They may not be reproduced, modified, or distributed without prior written permission. Visiting the Site does not grant you a license to use or copy this intellectual property.

Maintenance, Inaccessibility, and Errors.

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Our Service is operated from servers controlled by third parties. Access may occasionally be disrupted. While we will use reasonable endeavors to restore access and provide advance notice of maintenance, we are not liable for any harm or damage suffered during an interruption.

We reserve the right to correct any technical or administrative errors on the Site or Service at our absolute discretion. We are not responsible for errors in information provided by other members or third parties.

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Duties & Taxes

You are solely responsible for paying any government charges, duties, or taxes incurred in connection with these Terms.

Liability and Indemnity

If you are a consumer under Australian law, you have certain rights that cannot be excluded (Non-Excludable Conditions). Subject to these conditions, and to the maximum extent permitted by law, we exclude all guarantees and warranties not expressly stated, and exclude all liability for indirect loss, loss of profit, or pure economic loss. If liability cannot be lawfully excluded, our liability for breaching a Non-Excludable Condition is limited to (at our option): replacing/repairing the goods, supplying the services again, or paying the cost to do so.

Indemnity: You agree to release and indemnify us (and our employees/agents) against liability connected with your breach of these Terms; agreements between you and third-party suppliers; personal injury, death, or property damage arising from your conduct; defamation, misleading conduct, or infringement of our intellectual property by you; and our reliance on incorrect or fraudulent information provided by you. Indemnities are continuing obligations, survive termination, and do not prevent us from claiming damages for a breach of contract.

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Complaints and Disputes

If you have a complaint, you must submit it to us in writing. We may investigate at our sole discretion. To the fullest extent available under law, you agree not to bring any court or tribunal proceedings against us regarding a complaint unless you have first complied with this written submission requirement.