terms and condition – perk global

Perks Electronics Limited Terms and Conditions

The terms and conditions (“Terms and Conditions”) in this document (“Agreement”) describe and stipulate the provisions which govern and regulate the legal relationship between Perk Electronics Limited and/or Perk Electronics Limited ‘s Subsidiaries as provider of the Products/Services and you as user of the Product/Services (“You” or “User”).

You should read these Terms and Conditions carefully and should not accept these Terms and Conditions or register for, access or use the Services (collectively as “Use” of the Services) unless You agree to the Terms and Conditions. Perk Electronics Limited does not store an individual copy of this Agreement entered into with You and we recommend that You save a local copy of this Agreement for Your own record.

You may not Use the Services if You are a (a) person who is not of legal age to form a binding contract with Perk Electronics Limited or (b) person who is barred from receiving the Services under the laws of any country including the country in which You are a resident or from which You are using the Services.

“Perk Electronics Limited‘s Subsidiaries” means all legal entities, companies, corporations, firms, partnerships or other entities that are controlled by Perk Electronics Limited or are under common control with Perk Electronics Limited. The term “controlled” means the ability to direct the management of the relevant entity.

How You may accept the Terms and Conditions,

How Perk Electronics Limited may change the Terms and Conditions, and

How You or Perk Electronics Limited may terminate the Terms and Conditions

1. Acceptance of the Terms and Conditions

1.1.

Before You are permitted to Use the Services You are required to accept the Terms and Conditions and any Special Terms, as the case may be. Typically, Terms and Conditions and any Special Terms are accepted by checking the appropriate “agreement” checkbox, or clicking or tabbing the “accept” button if such button or function is available or present via the user interface for the respective Service.

1.2.

You also accept the Terms and Conditions or any Special Terms when You actually start to Use the Services. In this case You understand that You are bound by and Perk Electronics Limited will treat You as bound by the Terms and Conditions from the moment You start using the Services.

2. Changes to the Terms and Conditions

2.1.

Perk Electronics Limited is permitted to amend or alter the Terms and Conditions from time to time.

2.2.

It also is important that You check back often for updates to the Terms and Conditions. If Perk Electronics Limited updates the Terms and Conditions, Perk Electronics Limited will let You know about changes Perk Electronics Limited considers to be material by placing a note on relevant Services or by any other suitable means. By accessing or using our Services after Perk Electronics Limited has placed such a notice, you consent to the new Terms and Conditions identified in the update. The most current version of the Terms and Conditions will always be available here. You can check the “effective date” posted at the top to see when the Terms and Conditions was last updated.

2.3.

You may be prompted to accept the revised Terms and Conditions, typically by checking the appropriate “agreement” checkbox, or clicking or tabbing the “accept” button if such button or function is available or present via the user interface for the respective Service. You may not continue to Use the Services unless You accept the revised Terms and Conditions. You will not be able to continue to Use any of the Services unless you accept the revised Terms and Conditions.

2.4.

You also accept the revised Terms and Conditions when You continue to Use the Services after you have been duly notified of the changes. In this case You are bound by and Perk Electronics Limited will treat You as bound by the revised Terms and Conditions from the date on which the revised Terms and Conditions entered into effect. You are free to end this Agreement at any time should You choose not to accept the revised Terms and Conditions.

3. Termination of the Terms and Conditions; Consequences of termination

3.1.

This Agreement remains in effect unless and until terminated either by You or Perk Electronics Limited, as the case may be.

3.2.

You can terminate this Agreement at any time by ceasing use of the Services

3.3.

Perk Electronics Limited may terminate this Agreement at any time, and we will use our reasonable efforts to provide at least 3 days prior notice of cancellation to the email address provided to Perk Electronics Limited as part of Your Registration Data or by any other suitable means which ensure that You will be able to take notice of the cancellation.

3.4.

Perk Electronics Limited is entitled to terminate this Agreement at any time and without observing any notice period if:

You are in breach of the Terms and Conditions;

You have clearly demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with the Terms and Conditions;

Perk Electronics Limited or any supplier or partner of Perk Electronics Limited providing the Services to or together with Perk Electronics Limited decide to terminate the provision of the Services or any parts thereof (either worldwide or in the country where You are a resident or from where You are Using the Services) or if any supplier or partner of Perk Electronics Limited decides to terminate the entire relationship with Perk Electronics Limited and regardless of the reason of such termination, including where Perk Electronics Limited or any supplier or partner of Perk Electronics Limited is of the opinion that the provision of the Services or parts thereof to You or to Perk Electronics Limited or together with Perk Electronics Limited is no longer commercially feasible; and

Perk Electronics Limited or any supplier or partner of Perk Electronics Limited providing the Services to or together with Perk Electronics Limited is required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful).

3.5.

The termination of this Agreement shall have no prejudice to any rights, obligations and liabilities that You or Perk Electronics Limited have accrued or incurred during the term of this Agreement.

3.6.

You are not permitted to Use the Services if You do not accept the revised Terms and Conditions or after this Agreement comes to an end, for example, due to termination by either You or Perk Electronics Limited.

4. Provision of the Services and limitations of usage

4.1.

Unless otherwise specified in this Agreement You are permitted to Use the Services for personal and non-commercial use and purposes only and You will not reproduce, duplicate, copy, sell, trade or resell any of the Services or parts thereof.

4.2.

When You Use the Services You will at all times observe these Terms and Conditions and any applicable law or regulation in the relevant jurisdictions including the jurisdiction where You are a resident or from where You are using the Services.

4.3.

Perk Electronics Limited may at any time and in its sole discretion without prior warning or notice:

change the Services or suspend and/or cease providing the Services or any part of the Services;

disable or suspend Your Use of the Services including access to Your User account(s) and any files or other content contained in Your account(s) either temporarily or permanently;

set a limit on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of the Services or any part of the Services to You; and

pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services.

4.4.

Perk Electronics Limited will use commercially reasonable efforts to (a) ensure that the Services are available to You without undue disruption, interruption or delay and (b) keep any disruption, interruption or delay of the Services to a minimum.

4.5.

You are not permitted to Use any of the Services (including any attempts to do so) other than through the interface made available to You by Perk Electronics Limited and You will not Use the Services (including any attempts to do so) through any automated tools (including software and/or hardware), functions, services or otherwise (including scripts or web crawlers).

4.6.

You will comply with and follow all instructions made available to You by Perk Electronics Limited in connection with the Services and You will not engage in any activity that may cause interference with or disruption to the Services or any servers, networks or other equipment connected to the Services.

4.7.

SOME OF THE SERVICES CAN BE USED OR ARE PARTICULARLY USEFUL WHEN USED OVER MOBILE NETWORKS. YOU SHOULD BE AWARE THAT YOUR NETWORK PROVIDER MAY CHARGE YOU FOR ACCESS TO ITS NETWORK, THE DURATION OF YOUR DEVICE CONNECTION TO THE NETWORK AND THE DATA VOLUME USED TO USE THE SERVICES. YOU ARE ENTIRELY RESPONSIBLE TO CHECK WITH YOUR NETWORK PROVIDER WHETHER ANY SUCH COSTS MAY APPLY BEFORE USING THE SERVICES IN THIS RESPECT.

4.8.

USE OF THE SERVICES REQUIRES A DEVICE, INTERNET ACCESS (FEES MAY APPLY), AND CERTAIN SOFTWARE (FEES MAY APPLY), INCLUDING OBTAINING UPDATES OR UPGRADES FROM TIME TO TIME. BECAUSE USE OF THE SERVICES INVOLVES HARDWARE, SOFTWARE AND INTERNET ACCESS, YOUR ABILITY TO USE THE SERVICES MAY BE AFFECTED BY THE PERFORMANCE OF THESE FACTORS. HIGH SPEED INTERNET ACCESS IS STRONGLY RECOMMENDED. YOU ACKNOWLEDGE AND AGREE THAT SUCH SYSTEM REQUIREMENTS, WHICH MAY CHANGE FROM TIME TO TIME, ARE SOLELY YOUR RESPONSIBILITY.

4.9.

The Service is made available only in certain countries and/or territories, at Perk Electronics Limited ‘s sole discretion. If You do not reside in one of these countries or territories, Youmay not use the Services. Perk Electronics Limited may use certain technologies to verify such compliance.

5. YOUR WARRANTIES AND REPRESENTATIONS

5.1.

YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY PERK ELECTRONICS LIMITED). IN PARTICULAR, YOU WARRANT AND REPRESENT TO PERK ELECTRONICS LIMITED THAT:

YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT PERK ELECTRONICS LIMITED THE USER CONTENT LICENSE;

THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD PARTY RIGHTS;

THE USER CONTENT WILL NOT CONTAIN ANY MATERIAL WHICH IS HARMFUL, INACCURATE, PORNOGRAPHIC, ABUSIVE, OBSCENE, THREATENING, DEFAMATORY, OR WHICH IS OTHERWISE ILLEGAL OR WHICH DOES NOT COMPLY WITH APPLICABLE LAW OR PERK ELECTRONICS LIMITED‘S CONTENT GUIDELINES;

THE USER CONTENT WILL NOT CONTAIN ANY VIRUSES OR OTHER HARMFUL SOFTWARE, CODE OR SIMILAR MEANS AND DEVICES WHICH COULD DAMAGE, HARM, DISABLE OR OTHERWISE IMPACT OR LIMIT THE FUNCTION AND PERFORMANCE OF THE SERVICES AND/OR ANY DEVICE ACCESSING SUCH USER CONTENT. REGARDLESS OF WHETHER THIS DEVICE BELONGS TO PERK ELECTRONICS LIMITED OR ANY OTHER USER OR THIRD PARTYINCLUDING SERVER, NETWORKS NODES OR ANY SIMILAR EQUIPMENT;

THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER THE LAWS OF ANY COUNTRY, INCLUDING THE COUNTRY IN WHICH YOU ARE A RESIDENT OR FROM WHICH YOU ARE USING THE SERVICES; AND

THE USE OF THE USER CONTENT BY PERK ELECTRONICS LIMITED WILL NOT IMPOSE ANY OBLIGATION UPON PERK ELECTRONICS LIMITED TO PAY ANY KIND OF MONETARY CONTRIBUTION (INCLUDING LICENSE FEES, DUES OR OTHERWISE) TO ANY THIRD PARTY (IN PARTICULAR COLLECTING SOCIETIES).

5.2.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PERK ELECTRONICS LIMITED FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED BY PERK ELECTRONICS LIMITED AS A RESULT OF ANY BREACH OF THESE WARRANTIES.

6.PERK ELECTRONICS LIMITED WARRANTIES AND REPRESENTATIONS

6.1.

UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, PERK ELECTRONICS LIMITED AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS PROVIDE THE SERVICES ON BEST EFFORT BASIS ONLY AND EXCLUDE ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESSLY OR IMPLIED. IN PARTICULAR BUT WITHOUT LIMITATION, PERK ELECTRONICS LIMITED AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS DO NOT WARRANT OR REPRESENT THAT:

THE SERVICES ARE FIT FOR ANY PURPOSE OR MEET YOUR REQUIREMENTS OR ARE PROVIDED TO YOU WITHOUT ANY ERRORS OR DEFICIENCIES OR THAT THEY ARE IN COMPLIANCE WITH ANY QUALITY LEVELS, AS THE CASE MAY BE;

THE SERVICES ARE AVAILABLE TO YOU AT ANY TIME AND PROVIDED TO YOU WITHOUT DISRUPTION, INTERRUPTION OR DELAY;

THE SERVICES DO NOT INFRINGE ANY COPYRIGHT OR VIOLATE ANY LAWS WHETHER IN THE COUNTRY WHERE YOU ARE A RESIDENT OR ELSEWHERE IN THE WORLD;

ANY INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM PERK ELECTRONICS LIMITED OR AS A RESULT OF YOUR USE OF THE SERVICES (INCLUDING ANY MATERIALS OR PRODUCTS) WILL BE SUITABLE, ACCURATE, COMPLETE, OR RELIABLE; AND

THAT ANY DEFICIENCIES IN THE SERVICES, INCLUDING ANY DEFECTS IN PERFORMANCE, OPERATION OR FUNCTIONALITY OF THE SERVICES OR ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE FIXED, CORRECTED OR OTHERWISE REMEDIED.

6.2.

ANY DOCUMENTS OR MATERIAL (INCLUDING ANY SOFTWARE AND FIRMWARE UPDATES) DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE PROVIDED BY PERK ELECTRONICS LIMITED “AS IS” AND AT YOUR OWN RISK. PERK ELECTRONICS LIMITED IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR DEVICE’S SOFTWARE, COMPUTER SYSTEM OR OTHER DEVICE OR DEVICE’S SOFTWARE OR ANY LOSS OF DATA THAT IS CAUSED BY OR RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH DOCUMENTS AND/OR MATERIAL.

7. YOUR LIABILITY

7.1.

YOU ARE ENTIRELY RESPONSIBLE FOR ANY BREACH OF YOUR OBLIGATIONS UNDER

THESE TERMS AND CONDITIONS; AND

ANY APPLICABLE LAW OR REGULATION IN THE RELEVANT JURISDICTIONS, INCLUDING THE JURISDICTION WHERE YOU ARE A RESIDENT OR FROM WHERE YOU ARE USING THE SERVICES

AND FOR THE CONSEQUENCES OF ANY SUCH BREACH, INCLUDING ANY LOSS OR DAMAGE WHICH PERK ELECTRONICS LIMITED OR ANY THIRD PARTY MAY INCUR OR SUFFER. PERKS ELECTRONICS LIMITED WILL HAVE NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY IN RESPECT OF SUCH BREACH.

8. PERK ELECTRONICS LIMITED‘S LIABILITY

8.1.

SUBJECT TO CLAUSE ‎17.3, PERK ELECTRONICS LIMITED IS NOT LIABLE TO YOU, REGARDLESS OF THE LEGAL GROUNDS, IN PARTICULAR WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGE OR LOSSES HAS BEEN NOTIFIED TO PERK ELECTRONICS LIMITED, FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;

ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT);

ANY DAMAGE TO AND/OR CORRUPTION OR LOSS OF DATA (WHETHER DIRECT OR INDIRECT);

ANY LOSS OR DAMAGE AS A RESULT OF:

ANY BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ANY OTHER AGREEMENT OR CONTRACTUAL RELATIONSHIP BETWEEN PERK ELECTRONICS LIMITED AND YOU WHICH IS ATTRIBUTABLE TO NEGLIGENCE ON THE PART OF PERK ELECTRONICS LIMITED AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS;

II.

ANY RELIANCE PLACED BY YOU ON THE SUITABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR EXISTENCE OF ANY (A) SERVICES (INCLUDING ANY SOFTWARE, INFORMATION, DOCUMENTS, MATERIALS MADE AVAILABLE TO YOU AS PART OR IN COURSE OF THE USAGE OF THE SERVICES) OR (B) ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING (INCLUDING ANY PROMOTIONAL MATERIAL) IS MADE AVAILABLE ON OR BY YOUR USE OF THE SERVICES;

III.

ANY CHANGES, MODIFICATIONS, EXTENSIONS OR LIMITATIONS (INCLUDING ANY SUSPENSION OF YOUR USE OF THE SERVICES, ACCESS TO YOUR ACCOUNT AND ACCOUNT DATA OR YOUR REGISTRATION DATA) TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY PART OF THEM); OR

IV.

THE USE OF YOUR ACCOUNT DATA BY ANY OTHER PERSON THAN YOURSELF (REGARDLESS OF WHETHER WITH OR WITHOUT YOUR KNOWLEDGE). YOU ARE FULLY RESPONSIBLE AND LIABLE TO COMPENSATE PERK ELECTRONICS LIMITED FOR ANY DAMAGE AND/OR LOSS INCURRED DUE TO THE USE OF YOUR ACCOUNT DATA BY SOMEONE ELSE.

8.2.

IN THE EVENT THAT PERK ELECTRONICS LIMITED IS LIABLE FOR A BREACH OF THESE TERMS AND CONDITIONS, PERK ELECTRONICS LIMITED‘S LIABILITY SHALL BE LIMITED TO DAMAGES WHICH PERK ELECTRONICS LIMITED MUST TYPICALLY EXPECT AT THE TIME OF THE CONCLUSION OF THIS AGREEMENT DUE TO THE CIRCUMSTANCES KNOWN AT THE TIME.

8.3.

NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT PERK ELECTRONICS LIMITED‘S

LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OR IN ACCORDANCE WITH ANY PRODUCT LIABILITY ACT; AND

WARRANTY OR LIABILITY FOR DAMAGES OR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN THE USER’S JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE USER AND PERK ELECTRONICS LIMITED‘S LIABILITY AND WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Force Majeure

9.1.

Perk Electronics Limited is not liable or responsible for any failure to perform, or delay in performance of any of Perk Electronics Limited‘s obligations under this Agreement that is caused by events outside Perk Electronics Limited‘s reasonable control (“Force Majeure Event”), in particular (without limitation) (a) unavailability of public or private telecommunication networks (b) acts, decrees, legislation, regulations or restrictions of any government or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster.

9.2.

Perk Electronics Limited‘s performance under this Agreement is deemed to be suspended for the period that Force Majeure Event continues, and Perk Electronics Limited will have an extension of time for performance for the duration of that period.

9.3.

Perk Electronics Limited will use its reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which Perk Electronics Limited‘s obligations under this Agreement may be performed despite the Force Majeure Event.

10. Language of this Agreement

Perk Electronics Limited may provide You with a translation of the English version of this Agreement. This translation is provided for Your convenience only. In the event of any conflict between the English language version and the translation version of these Terms and Conditions and to the extent permissible by applicable law, the English language version takes precedence over any translation version.

11. Confidentiality

11.1.

The Services may contain information which is confidential to Perk Electronics Limitedincluding, without limitation, all information designated as confidential or recognisable as trade or business secrets or for other reasons recognisable or made available to You as confidential.

11.2.

Unless stated otherwise in these Terms and Conditions You will (a) keep such information confidential for an unlimited period of time and not disclose such information without Perk Electronics Limited‘s prior written consent and (b) neither record or otherwise utilise such information unless required for the purposes of this Agreement.

11.3.

Clause ‎11.1 shall not apply in the event that You are required to disclose information which is confidential to Perk Electronics Limited according to applicable law. In this case and to the extent permissible by applicable law, You will notify Perk Electronics Limited immediately of any disclosure of any information which is confidential to Perk Electronics Limited.

12. General provisions

12.1.

Perk Electronics Limited will rely only on the written Terms and Conditions. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding towards Perk Electronics Limited unless expressly confirmed in writing by Perk Electronics Limited to You.

12.2.

Perk Electronics Limited may provide You with notices (including notices relating to changes to the Agreement or termination of the Services or parts thereof) by email, ordinary mail, or postings on or via the Services.

12.3.

If Perk Electronics Limited does not exercise or enforce any legal right or remedy which is set out in this Agreement or which Perk Electronics Limited has the benefit of under any applicable law, this will not be construed as a formal waiver of Perk Electronics Limited ‘s rights or remedies and such rights or remedies will remain available to Perk Electronics Limited.

12.4.

If any provision of this Agreement is held to be invalid, illegal or unenforceable (in whole or in part) as determined by a court of law having jurisdiction to decide on this matter, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

12.5.

Each of the Perk Electronics Limited‘s Subsidiaries shall be a third party beneficiary to the Agreement and shall be entitled to directly enforce and rely upon any provision of this Agreement which confers a benefit on (or rights in favour of) them. Subject to the foregoing, no other person shall be a third party beneficiary to this Agreement.

12.6.

You are not permitted to transfer, assign or otherwise dispose of this Agreement which is personal to You, or any of Your rights or obligations arising under this Agreement without the prior written consent of Perk Electronics Limited.

12.7.

This Agreement and Your relationship with Perk Electronics Limited under this Agreement shall be governed and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions and subject to the non-exclusive jurisdiction of the courts of Nigeria, to resolve any legal matter arising in relation to the Agreement. Notwithstanding the foregoing, Perk Electronics Limited may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.