PukkaDing Terms of Service
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the pukkading.com website (the “Service”) operated by pukkading (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by pukkading.
PukkaDing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PukkaDing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Our service may be free of charge for businesses but in order to remain on our site your offer to our members must be exclusive as our members are paying for this service. Any business found to be offering their deal/discount outside of PukkaDing.com or a deal which is better value than the deal we have listed at pukkading.com may be removed from our website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
PukkaDing Deals Disclaimer
PukkaDing.com contains material submitted and created by 3rd parties. We exclude all liability for any illegality arising from an error, omission or inaccuracy in such material and we take no responsibility for such material.
We reserve the right to amend the terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time that you claim an offer from the 3rd party.
We do update this Policy from time to time so please do review this Policy regularly.
Information That We Collect
In running and maintaining our website we may collect and process the following data about you:
* Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
* Information provided voluntarily by you. For example, when you register for information or make a purchase.
* Information that you provide when you communicate with us by any means.
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data which does not identify any personal details whatsoever.
You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information please read the advice at AboutCookies.org.
Use of Your Information
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
* To provide information to you that you request from us relating to our products or services.
* To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
* To inform you of any changes to our website, services or goods and products.
If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
We never give your details to third parties to use your data to enable them to provide you with information regarding unrelated goods or services.
Storing Your Personal Data
In operating our website it may become necessary to digitally transfer data that we collect from you to locations (servers) outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing and processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Disclosing Your Information
* In the event that we sell any or all of our business to the buyer.
* Where we are legally required by law to disclose your personal information.
* To further fraud protection and reduce the risk of fraud.
Third Party Links
Access to Information
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.
Membership – T's & C's
- PukkaDing Membership can be purchased online or in store in the form of a membership card. The cost of purchasing a PukkaDing Membership card counts as a membership sign up fee. All cards must be activated before they can be used and remain the property of PukkaDing.
- PukkaDing Membership is currently only available in selected towns throughout the UK.
- Membership subscription payments are made online via Paypal or stripe.
- Once your Membership has been purchased online, in compliance with Distance Selling Regulations, the member has a 7 day cooling off period in which they are entitled to receive a full refund on their card subscription should they decide to cancel. To cancel your membership during this cooling off period, within 7 days you must contact PukkaDing by email to confirm that you wish to cancel your membership. You will be entitled to a refund of your card/membership in these circumstances,
- In the event of you canceling your membership at any point after completion of the above 7 days cooling off period, no refund will be given.
- Recurring Payments. If a member has signed up to make monthly payments through a recurring payment with Paypal or stripe, and does not wish to renew their membership, they must give written notification and return their card at least fourteen days in advance of the next payment collection date. No refund of any recurring payments made will be given after this time. Recurring payments refers to those made online via Paypal or stripe, and which will automatically be ongoing unless the member specifically requests for them to be stopped and the membership card is returned.
- PukkaDing members must produce their memebership card/status before making any order and state that they are a PukkaDing member at the time of booking / ordering in order to qualify for any deal/discount. Failure to do this may result in you being charged the standard fee / not being entitled to the added value offer, and PukkaDing shall have no liability in respect of any such failure.
- You must ensure that your PukkaDing Membership card is kept securely at all times, and you shall notify us as soon as possible in the event of your membership card going missing for whatever reason. There will be a £5 charge to replace lost or stolen cards (postage included) and the replacement card must be ordered from the The PukkaDing office.
- PukkaDing Deals/Discounts: PukkaDing maintains its agreements with all of its affiliate businesses/advertisers on a “good faith” basis. However our affiliates/advertisers have their own policies which may supersede the terms of your PukkaDing membership. Therefore PukkaDing is not, and cannot be held, responsible for any discount related problems or issues which The PukkaDing members may experience with any of our business partners. PukkaDing does not guarantee any membership discounts or offer with any affiliate business, and membership discounts and offers may not be available at certain times.
- Some deals listed within our directory have been submitted and created by 3rd parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material and we take no responsibility for such material. We reserve the right to amend PukkaDing terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time that you claim an offer from the 3rd party.
- In the event of any membership discounts or offer not being available, PukkaDing members may notify PukkaDing of that unavailability and PukkaDing shall use its reasonable endeavors to obtain the agreement of our partner businesses to trying to offer a suitable alternative where this occurs; however PukkaDing is not responsible where this is not possible. The PukkaDing website contains the definitive guide to current deals and list of affiliate members.
- Members recognize that some affiliate businesses may leave The PukkaDing scheme at anytime without warning, whilst others will join. Some affiliate businesses may also change the conditions of their offer after you have become a member and PukkaDing shall have no responsibility whatsoever for any such changes by our affiliate businesses. Your membership will not be refunded, and PukkaDing shall have no liability to you, if any of the businesses withdraw or change their offer or have been replaced by other businesses.
- PukkaDing is only a listing service for third party goods and services and, whilst we’d like to, it is not possible for PukkaDing to be able to check all of the services offered by any third party provider listed or referred to on the site. All bookings or orders with any third party provider will be made directly between each member and that provider, and we encourage all members to ensure that they are completely comfortable with the standard of all offered goods and services they may wish to book or order. Whilst we cannot be responsible for any individual dealings a member may have with any third party provider, we would ask any member to notify us of any material issues they may have with a booking or order made using the The PukkaDing membership. These Terms and Conditions, and any agreement entered into in connection with the same, shall be interpreted in accordance with the law of England and Wales and subject to the exclusive jurisdiction of the English Courts. I acknowledge and accept these terms and conditions. I understand that these terms and conditions will be updated from time to time and will become effective immediately on publication on this website.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PUKKADING.COM
BY POSTING ANY LINK YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in PukkaDing.com’s Affiliate/RefeRral Program. The purpose of this Agreement is to allow HTML linking between a web site and the PukkaDing.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to PukkaDing.com, and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. The fact that we auto-approve every user as an affiliate does not imply that we may not re-evaluate your affiliate status at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that you post on site’s unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “PukkaDing” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are PukkaDing.com or any other affiliated business.
2.2. As a member of PukkaDing.com’s Affiliate Program, you will have access to the Affiliate Account Manager. Here you will be able to download HTML code (that provides for links to web pages within the PukkaDing.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. PukkaDing.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
3. PukkaDing.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the PukkaDing.com Affiliate Program.
3.2. PukkaDing.com reserves the right to terminate this Agreement and your participation in the PukkaDing.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the PukkaDing.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, PukkaDing.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon creation of your account, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and PukkaDing.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in PukkaDing.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
PukkaDing.com makes payments on a monthly basis via paypal.
7. Promotion Restrictions
7.1. You are free to promote your own web sites, but naturally any promotion that mentions PukkaDing.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by PukkaDing.com. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote PukkaDing.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote PukkaDing.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from PukkaDing.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the PukkaDing.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
7.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as PukkaDing.com, PukkaDing, www.PukkaDing, www.PukkaDing.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from PukkaDing’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
7.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in PukkaDing’s service).
7.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited PukkaDing’s site (i.e., no page from our site or any PukkaDing.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of PukkaDing site in IFrames, hidden links and automatic pop ups that open PukkaDing.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
8. Grant of Licenses
8.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of PukkaDing.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of PukkaDing.com and the good will associated therewith will inure to the sole benefit of PukkaDing.com.
8.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
PUKKADING.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING PUKKADING.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF PUKKADING.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
10. Representations and Warranties
You represent and warrant that:
10.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
11. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL PUKKADING.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless PukkaDing.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
14.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and PukkaDing.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
14.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Prize Draw T's & C's
Prize Draw Terms and Conditions
1. No purchase necessary to enter the prize draw unless otherwise stated.
2. Our prize draws are open to UK residents aged 18 years or over, with the exception of employees of PukkaDing.com, their families, agents and anyone else connected with this promotion.
3. Entries must be received by the time stated within the prize draw rules. PukkaDing.com accepts no responsibility for any entries that are incomplete, illegible, corrupted or fail to reach PukkaDing.com by the relevant closing date for any reason. Proof of posting or sending is not proof of receipt. Automatically generated entries and entries via agents or third parties are invalid and shall not be considered. Entries become the property of PukkaDing.com and are not returned.
4. Only one entry per person. No entrant may win more than one prize.
5. To enter fill in your details as directed on the prize draw page.
6. All correctly completed entries will be entered into a prize draw which will take place on the date stated within the prize draw rules.
7. The prize for the winners will be stated on the prize draw page.
8. Prizes are subject to availability. In the event of unforeseen circumstances, PukkaDing.com reserves the right (a) to substitute alternative prizes of equivalent or greater value and (b) in exceptional circumstances to amend or foreclose the promotion without notice. No correspondence will be entered into.
9. The winners will be notified via email or post within 14 days of the closing date. The winners must claim their prize within 30 working days of PukkaDing.com sending notification. If the prize is unclaimed after this time, it will lapse and PukkaDing.com reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with these rules.
10. To obtain details of the winner please email [email protected] the name of the prize draw in the subject heading within 4 weeks after the closing date.
11. PukkaDing.com will use any data submitted by entrants for the purposes of running the prize draw and marketing, unless otherwise stated in the entry details. By entering this prize draw, all entrants consent to the use of their personal data being used by PukkaDing.com for the purposes of the administration of this prize draw and any other purposes to which the entrant has consented.
12. This Promotion is in no way sponsored, endorsed or administered by or associated with Facebook or twitter or any other platform you find a link to our website on. You acknowledge that all information and material that you submit to enter this Promotion is submitted to PukkaDing.com and not Facebook or twitter and you agree that Facebook and twitter shall not be liable to you in any way in respect of this Promotion.
13. The winners agree to take part in reasonable post event publicity and to the use of their names and photographs in such publicity.
14. PukkaDing.com may disqualify any entrant whose entry does not comply with these terms and conditions (in PukkaDing.com’s sole opinion) or who, in PukkaDing.com’s sole determination, has acted in a manner that is fraudulent, dishonest or unjust to other entrants including, without limitation, tampering with the operation of the prize draw, manipulating or rigging votes, hacking, deceiving, cheating or by harassing or threatening other entrants or a representative of PukkaDing.com.
15. By entering the prize draw each entrant agrees to be bound by these terms and conditions.
16.These terms and conditions are governed in accordance with the laws of England and Wales.