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Terms & Condition

Welcome to the Pucker Limited website and/or mobile application (our “Platform”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Pucker Limited of 30 Fylingdales close, Basingstoke, Hampshire, RG22 5BF (“Pucker Limited”, “we”, “our” or “us”) governing the use of our Platform and our Services. We license use of our Platform to you on the basis of these Terms. We do not sell our Platform to you, and we remain the owner of our Platform at all times. You should print a copy of these Terms for future reference.

  1. TERMS AND CONDITIONS
    • The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
    • Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Platform on these Terms.
    • By using the Platform, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:

(a)you have read the terms set out in these Terms and agree to be bound by and comply with them; and

(b)you shall abide by these Terms. 

  • We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you).
  • We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Platform or any other products, services, affiliated Vendors and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
  • Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated Vendors to advertise, promote or market any products or services of any third party or yourself.
  • The following additional terms also apply to your use of our Platform and form part of these Terms:
    1. Our Privacy Policy
    2. Our Cookie Policy
  • Pucker Limited provides a portal dedicated for finding Vendors. You acknowledge that Pucker Limited does not provide those services and that all such services are provided by independent third-party contractors who are not employed by Pucker Limited or any of its affiliates.
  1. PROHIBITED USES
    • You may use our Platform only for lawful purposes. You may not use our Platform:
  1. in any way that breaches any applicable local or international laws or regulations;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
  4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • You also agree:
  1. not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
  2. not to access without authority, interfere with, damage or disrupt:
  3. any part of our Platform; (ii) any equipment or network on which our Platform is stored; (iii) any software used in the provision of our Platform; or (iv) any equipment or network or software owned or used by any third party.
  1. RESTRICTIONS
    • Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
  2. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
  3. not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
  4. to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
  5. to comply with all applicable technology control or export laws and regulations; and
  6. not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
  1. APPLE AND ANDROID DEVICES
    • The following terms apply when you use our mobile application obtained from either the Apple’s, or Android’s store (each an “App Distributor”) to access the Platform:
  2. the License granted to you for our mobile application is limited to a non-transferable License to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
  3. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application License contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  4. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
  5. you must comply with applicable third-party terms of agreement when using the mobile application,
  6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application License contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application License contained in these Terms and Conditions against you as a third-party beneficiary thereof.
  1. INTELLECTUAL PROPERTY RIGHTS
    • You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
    • Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
    • You acknowledge that you have no right to have access to our Platform in source code form.
    • Save for internal distribution amongst your employees and persons authorised by you for your internal business purposes and any other purposes contemplated under these Terms or the Platform, you must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    • You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a licence to do so from us or our licensors.
  1. BOOKINGS
    • We are appointed as the commercial agent of Vendor`s to conclude bookings on their behalf and the Contract will be formed when we send you a written confirmation (“Booking Confirmation”).
    • If you wish to reschedule your appointment details (time/date) (in whole or in part) after you have received a Booking Confirmation, provided your appointment is not due to take place within the next 24 hours (or otherwise as determined by the Vendor and as shown on the booking page before you make your appointment), then please do so via the Platform, or directly with the Vendor, and we will endeavour to offer you a suitable alternative time and/or date. Please note that our ability and the Vendor’s ability to accommodate your request will be subject to the Vendor’s availability during the time you wish to reschedule. If we are unable to accommodate your request to reschedule your appointment, whether or not you are eligible for a refund will depend on whether or not your appointment is due to take place in the next 24, 48 or 72 hours (as determined by the relevant Vendor)
    • If your appointment is not due to take place within the next 24, 48 or 72 hours (as determined by the relevant Vendor), your appointment will be treated as cancelled by you and you will receive a refund; or
    • If your appointment is due to take place within the next 24, 48 or 72 hours (as determined by the relevant Vendor), your appointment will be treated as cancelled by you and you will not receive a refund.
    • Please note you cannot reschedule your appointment details (time/date) (in whole or in part) where your appointment is due to take place within the next 1 hour or if arrive not at all to your appointment (“No Show”) or are longer than 30 minutes late without notifying us or the Vendor in good time (“Late Arrival”).
    • If you wish to cancel a booking before you have received a Booking Confirmation, please notify us immediately.
    • Please note, we reserve the right to withdraw access to our Platform and/or cancel any Booking in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.
  1. SERVICES
    • Our Vendors are under a legal duty to provide Services that are in conformity with the relevant Contract.
    • All Services shown on the Platform are subject to availability and the images and/or descriptions of the Services on the Website are for illustrative purposes only and actual Services may vary from those images and/or descriptions. We require our Vendors to ensure that all information provided by them for display on their page of the Platform is accurate, complete and not misleading in any way, but we cannot verify the information which they provide to us. It will be each Vendor’s responsibility to ensure that all of its Services listed on the Platform are available and accurately described.
    • It is your (or the person receiving the Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Vendor that might affect or be affected by any Services, if you fail to disclose any such information to the applicable Vendor, neither Pucker Limited nor the relevant Vendor shall be liable to you (or the recipient of the Services) for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you (or the recipient of the Services) had disclosed that information prior to receiving the Services.
  1. SERVICE RULES
    • As a user you agree not to do any of the following:
  1. Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.
  2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
  3. Use or harvest data provided by other users in a way that they would object to.
  4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
  5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
  6. To pose as another user, third party or organisation employee for the purposes of obtaining user or third-party information.
  7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
  8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
  9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
  10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
  11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
  12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
  • The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
  1. RESOLVING ISSUES
    • We care about your experience and want to ensure we maintain the highest standards possible and so if you would like to make a complaint about one of our Vendors or their Services, please either: speak to the Vendor yourself to try and resolve the issue or email us at info@puckerlimited.com.
    • Please keep in mind that while we take all complaints about our Vendors very seriously and will always do what we can to help to resolve them, we are not responsible to you for the service(s) which the Vendors provide and are under no obligation to provide you with a refund or credit note in the event you are dissatisfied with services which you have received from our Vendors.
  1. PRICE AND PAYMENT
    • Unless indicated otherwise, our service requires a platform usage fee and you will pay the Vendor the relevant amount as indicated in your booking (plus – insofar not included in the price – relevant applicable taxes, levies and fees (if applicable)).
    • Prices and any applicable and processing charges will be as quoted on the Platform but may be subject to change by Pucker Limited or our Vendors at any time (in which case the Platform will be updated accordingly) and it is possible that, despite our best efforts, some of the pricing and other information shown for certain Services is incorrect. If the Service’s correct price at the time of your Booking is higher than the price stated to you, we will contact you for your instructions before we accept your Booking. If your Booking has been accepted and you have been sent a Booking Confirmation before the pricing error was realised, if the pricing error is obvious and could reasonably have been recognised by you as a pricing error, we will provide you with the option of reconfirming your Booking at the correct price, failing which the Booking will be cancelled. Where a Booking is cancelled we will refund you any sums you have paid.
    • The Vendor has full responsibility for accounting for VAT on the total value of the Booking, where applicable. Pucker Limited does not charge you VAT on Bookings as the Services are provided by the Vendor, not by Pucker Limited. As a result, Pucker Limited cannot provide you with a VAT invoice in respect of your Booking. You will need to contact the Vendor direct to obtain a VAT invoice, where applicable.
    • Payments made through the Payment Facility are processed by third party payment services providers. Pucker Limited takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.
  1. WARRANTIES
    • While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
    • As part of the Services, you may communicate with Vendors and have access to Vendors Advice. Any information about Vendors is provided on an “as is” basis, based on information provided to us by the Vendors. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness or correctness of any Vendors or Vendors Advice.
    • You acknowledge that Vendors are not our agents or employees, and all Vendors are solely responsible for any Vendors Advice. No Vendors is authorised to make any statement or representation for and on behalf of us. While we have conducted basic checks on Vendors, we do not make any representations or warranties as to the qualifications or experience of any Vendors and you are encouraged to conduct your own due diligence on each Vendors, including whether such Vendors and Vendors Advice is relevant or suitable for your needs.
    • To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
  1. LIMITATION OF LIABILITY
    • We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, including reliance on any Consultant’s Advice, is at your sole risk.
    • We do not assist with dispute resolution between any you and any Consultant and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant Consultant. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of our Platform or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.
    • You agree not to use the Services, our Platform and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. loss or corruption of data or information;
      5. loss of business opportunity, goodwill or reputation; or
      6. any other indirect or consequential loss or damage.
    • Nothing in these Terms shall limit or exclude our liability for:
      1. death or personal injury resulting from our negligence;
      2. fraud; and/or
      3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
    • Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
    • These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
  1. INDEMNITY

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

  1. OTHER IMPORTANT TERMS
    • We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
    • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    • No joint venture, Partnership or agency or employment relationship has arisen by reason of these Terms.
    • These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of England and Wales. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.