Definitions
 

1. Agreement - these terms and conditions and the application form.

2. Associated Member – any 2nd member as named on the application form.

3. PERQUE – PERQUE Limited (company number 07681486) of Hilton Hall, Hilton Lane, Essington WV11 2BQ.

4. Gold Member – a member opting for such temporary status on the application form or as a result of membership downgrade after the initial paying membership expires and is not renewed.

5. Membership Fee – the annual membership fee payable under this Agreement, if any.

6. Promotions – those promotions currently offered by PERQUE’s suppliers to PERQUE members, as listed on PERQUE website from time to time.

7. You - the member named on the application form.
    

Duration
 

1. Membership of PERQUE starts when Your 12-month Membership Fee has been paid (if a fee is payable). Once You have logged into the website and activated Your membership, You will be able to access Your digital membership card that displays Your name, expiry date. Your membership will renew automatically on each anniversary of Your start date, subject to payment of any renewal Membership Fee and unless either party notifies the other of termination in writing in advance of any anniversary. Before that date, PERQUE will contact You to explain the renewal process.  If You have supplied an email address, we will send You an electronic reminder towards the end of Your membership term to advise You of the details of the new subscription. We will not be liable for any non-receipt of communication from us, including non-receipt of the renewal reminder. You are required to inform us if You change Your correspondence address (both email and postal). 

2. Gold Membership starts when Your application form has been accepted by PERQUE. It may be upgraded by You at any time to full Membership on PERQUE website, in which event Your 12-month Membership Fee will become payable and Your full membership will be treated as having started from the date the Membership Fee has been paid. Until Gold Membership is upgraded, it will continue on an indefinite basis until either party notifies the other of termination in writing.
    

Membership benefits
 

1. Membership of PERQUE entitles You to take advantage of the Promotions which are listed on PERQUE website from time to time.

2. Gold Membership gives You access to PERQUE website and You may receive news of promotions from time to time. However, until You upgrade to full membership, You will not be entitled to take advantage of Promotions nor to access a digital membership card, and You will not be required to pay any Membership Fee. These terms and conditions (including without limitation section 9) shall apply to Gold Membership, except to the extent that they regulate payment arrangements and Promotions.
    

Membership conditions
 

1. Your membership is personal to You (and if applicable, to any Associated Member) and You may only use Your membership card in person. It may not be used by any third party.

2. PERQUE Promotions are intended for members. You must keep any membership number, code and any other membership information confidential and not disclose these to any third parties.

3. You are responsible for ensuring that any Associated Member also complies with this Agreement.

4. In applying for membership, You confirm that You (and if applicable, to any Associated Member) are over 18.

5. You may not assign Your membership to any third party. PERQUE may assign this Agreement to a third party and may sub-contract its obligations.

6. Any variation of these terms and conditions is inapplicable unless agreed in writing by PERQUE.

7. You must supply PERQUE with accurate and up-to-date personal details, (including, if applicable, details of any Associated Member) and You must notify PERQUE immediately of any changes to Your membership details, including any change of address.

8. You must follow any other membership rules which PERQUE may introduce from time to time, regarding use of Your membership card or taking up Promotions. Any current membership rules will be posted on PERQUE website.

9. Promotions are for personal use only and may not be used for commercial purposes, resold or (generally) combined with any other promotion. 

10. If you breach these conditions, PERQUE and our suppliers may suffer significant losses and we have the right to cancel Your membership with immediate effect and without refund – see Cancellation section below. Without limiting this right, if we receive credible reports of suspected breaches from two of our suppliers in any consecutive 12-month period, Your membership will usually be cancelled automatically.   
     

PERQUE Rewards
 

1. ​​PERQUE Rewards points have a cash value of 1 penny per point. 

2. Rewards points can be earned when transacting with selected PERQUE partners in accordance with their Black Tier privilege T&Cs. 

3. You can redeem Your points with the PERQUE partners (Supplier) of Your choice via your Profile page.

4. Rewards points can only be redeemed between 1st February and 15th December, and only in multiples of 10,000 (£100). 

5. Points cannot be redeemed until they’ve been fully credited to Your PERQUE Rewards account. Your points will show as ‘Pending’ on Your online statement until all funds related to that transaction have been received from the Partner (Supplier). We are not responsible for a failure, delay or error made by a Partner (Supplier) in making payment to us for Your transaction. 

6. We are not liable for claims regarding any failure or breach with respect to goods and services provided as Rewards by a Partner (Supplier).

7. If Your Black Tier status expires or Your PERQUE membership is revoked in accordance with our membership T&Cs, all unredeemed Rewards points will automatically be forfeited.

8. PERQUE Rewards points are earned individually by members and are non-transferable (even between members holding a joint membership). 

9. We reserve the right to change or restrict our participating partner companies (Suppliers) at any time.

10. We reserve the right to change or restrict the amount of Rewards points on offer by any partner company (Supplier) at any time. 

11. We may change these Terms and Conditions, provided that we reasonably believe the overall benefits associated with Your membership still represent good value and are competitively priced. We will give You as much notice as we reasonably can. Earning or redeeming points with Your PERQUE membership will constitute acceptance of the revised rules. 

12. We may suspend or terminate PERQUE Rewards but will give as much notice as we reasonably can before we do so. If this happens all PERQUE Rewards accounts will be suspended or terminated.
     

Changes to Promotions
 

1. Whilst PERQUE makes every effort to ensure that Promotions are left in place for at least 12 months from their launch, it reserves the right to vary, add to and withdraw Promotions from time to time without notice. You are advised to check the current Promotions immediately before making use of Your membership card.
    

Payment Provisions
 

1. If a Membership Fee is payable, You must pay it in advance with Your membership application and then in advance of the renewal date. If You pay by card, future Membership Fees will be taken from the same card automatically when they fall due. PERQUE will notify You in advance.

2. You must pay any Membership Fee by debit/credit card or bank transfer. In any event, PERQUE reserves the right to change the required payment method to direct debit or any other method, at its discretion. You must assist PERQUE by completing any documents required to make such changes, such as a direct debit mandate.

3. PERQUE reserves the right by giving notice to You at any time before a renewal date, to introduce or increase any Membership Fee for the following membership year. If it does so, You may cancel Your membership with effect from the next renewal date, by giving written notice to PERQUE in advance of renewal.

4. PERQUE may charge a reasonable administrative fee if You notify any change of membership details or request a replacement card.

5. The Membership Fee is inclusive of any VAT.

6. If You fail to make any payment on time, PERQUE may;-

   1. cancel the Agreement; or

   2. suspend Your access to Promotions until payment is made in full.
       

Complaints and liability
 

1. The Promotions are offered to You by our suppliers. Once You take up any Promotion, You will be contracting directly with the relevant supplier and any complaint about the goods or services concerned should be raised immediately with the supplier, and not with PERQUE.

2. Likewise, any complaint about a supplier failing to honour the terms of any Promotion should also be raised directly with the supplier. However, PERQUE would also like to be notified of any such problems straight away, and in any event within 7 days of the problem arising. Provided You do so, PERQUE will endeavour to assist You in resolving such complaints with the supplier.

3. PERQUE will use its best endeavours to ensure that details of Promotions published on its website from time to time are accurate and up-to-date. However, PERQUE shall not be liable for any goods or services provided to You (or if applicable, to any Associated Member) by any of its suppliers, nor for any failure of its suppliers to honour any Promotions.

4. PERQUE shall not be responsible for any complaints or dissatisfaction which are the fault of You (or if applicable, to any Associated Member), or of any third party not being an employee, agent or sub-contractor of PERQUE acting in the course of his engagement.

5. PERQUE does not warrant or represent that any Promotions are wholly exclusive to its members, nor that similar promotions might not be offered to non-members from time to time.

6. PERQUE shall not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused.

7. The terms of this Agreement represent the whole agreement between the parties. This section 7 and the other provisions of this Agreement do not affect Your statutory rights as a consumer.

8. In any event, save where such liability may not be limited by law, PERQUE’s total liability to You (or if applicable, to any Associated Member) (whether in contract, tort including negligence or otherwise) under or in connection with this Agreement shall not exceed the then current Membership Fee in aggregate.
    

Cancellation


You have a right to cancel this agreement at any time within the period of 14 days from the date of application for membership, without giving any reason.  This does not apply to subsequent renewals. To exercise the right to cancel, You must inform PERQUE – Hilton Hall, Hilton Lane, Essington WV11 2BQ, tel. 0345 095 0008, info@perque.io of Your decision to cancel this Agreement by a clear statement (e.g. a phone call to the Customer Service Team, a letter sent by post or email). Cancellation does not need to be in writing. In any event You must be able to show clear evidence of when the cancellation was made. To meet the cancellation deadline, You must notify PERQUE of Your cancellation before the cancellation period has expired. Upon cancellation, You will receive a confirmation email; it is recommended that this is kept for Your own personal records.

Effects of cancellation 

If You cancel this Agreement as above, You will be entitled to a refund of any membership, less a pro-rata charge for the period of cover. Subject to any other statutory rights You may have, we do not provide refunds for any cancellations after the expiry of the 14-day cooling off period.

1. PERQUE may cancel this Agreement with immediate effect on written notice if You (or if applicable, any Associated Member);-

   1. default in payment of any Membership Fee;

   2. are declared bankrupt;

   3. breach any of Your other obligations under this Agreement. No reimbursement of any part of any Membership Fee will be paid in that event.

2. PERQUE also reserves the general right at any time by 14 days advance notice to You to cancel this Agreement. In that event, PERQUE will reimburse You with a proportionate part of the current Membership Fee.
    

Privacy and Data Processing
 

1. For the purposes of this clause 10, the following definitions will apply;-

   GDPR - The General Data Protection Regulation (EU) 2016/679 (“GDPR), and any laws which implement or amend it;

   Personal Data - data that relates to an identifiable person who can be directly or indirectly identified from that data

   Privacy Policy - PERQUE’s privacy policy from time to time, and subject to future amendments and updates by PERQUE – the terms of which can be accessed online at www.perque.io;

   Protected Data - Personal Data received from or on behalf of You, whether in connection with You or any Associated Member or otherwise, in connection with the performance of PERQUE's obligations under this Agreement.
    

2. PERQUE recognises the importance of Your privacy. It undertakes to keep Your Protected Data confidential and to comply with the GDPR. PERQUE will not disclose Your details to any third parties without Your permission, whether for marketing purposes or otherwise, except;-

   1. if it is required by law to do so;

   2. with its suppliers in relation to administering specific Promotions which You have taken up or enquired about; or

   3. in accordance with the Privacy Policy.

3. PERQUE may obtain personal and financial information including information about Your membership and about Your usage of Promotions from its suppliers and You authorise such suppliers to release such information to PERQUE, provided that such information shall be regulated by the other provisions of this section.

4. PERQUE may use Your membership and personal details to administer Your membership and payment of Membership Fees, provide suitable services and information to You, verify Your identity, monitor Your usage of Promotions, carry out marketing analysis and make general improvements to its services, obtain Your views or comments and provide statistical analysis. PERQUE may continue to use this information after the end of Your period of membership for historical and statistical purposes.

5. PERQUE may transfer Your Protected Data to a third party as part of a sale of some or all of its business and assets to any third party or as part of any business restructuring or reorganisation, but in that event will take steps with the aim of ensuring that Your privacy rights continue to be protected.

6. PERQUE may from time to time contact You directly as to products or services which may be of interest to You. You may object in writing if You do not wish to receive such material from PERQUE.

7. You must ensure all instructions given by You to PERQUE in respect of Protected Data are all times in accordance with GDPR.

8. This agreement constitutes Your acceptance of the terms of the Privacy Policy. PERQUE will comply with the terms of the Privacy Policy in respect of the Protected Data.

9. This clause 10 will continue in force after the termination of this agreement for any reason.
    

Miscellaneous
 

1. Neither party shall be liable for any delay in performing or failing to perform any of its obligations under this Agreement due to any event beyond the reasonable control of that party.

2. PERQUE retains ownership of copyright and all other intellectual property rights to its website and all material produced or used in relation to this Agreement.

3. This Agreement is the entire statement of the agreement between the parties relating to the subject matter of the Agreement.

4. This Agreement will be construed in accordance with and governed by the law of England and Wales.