Purkle Terms & Conditions
The Purkle program, located at www.Purkle.co.nz (Site) is owned and operated by Ticketek New Zealand Limited (Ticketek New Zealand).
PLEASE READ THESE TERMS AND CONDITIONS OF MEMBERSHIP CAREFULLY BEFORE REGISTERING AS A Purkle MEMBER. BY USING THE SITE AND REGISTERING AS A Purkle MEMBER YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF MEMBERSHIP, WHICH SHALL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TICKETEK NEW ZEALAND.
If you do not agree to the terms and conditions set out in these Terms and Conditions of Membership, you must not register as a member of Purkle.
As a member of the Purkle program (Member), you may receive offers to purchase products and services and/or enter competitions (Special Offers) and invitations to participate in focus groups, telephone interviews and surveys (Research Offers) from Purkle on behalf of third party organisations (Clients). Special Offers and Research Offers are referred to collectively as ‘Offers’ throughout these Terms and Conditions of Membership. Offers may include the ability to earn Purkle Dollars if you meet certain criteria.
Ticketek New Zealand may vary these Terms and Conditions of Membership at any time. The most current version will always be located on the Site. Your continued use of the Site and your Purkle membership will be deemed to be your acceptance of any variation of these Terms and Conditions of Membership.
You acknowledge that as a Member of Purkle, unless otherwise stated:
- You must be 16 years of age or older.
- You are a New Zealand permanent resident.
- You agree to receive Special Offers and Research Offers.
- All information contained in research surveys is strictly confidential and must not be disclosed to any other party.
- You agree not to create or maintain more than one Membership account with Purkle.
This includes Membership accounts associated with the same name or email address.
- Purkle has no control over the content or subject matter of Offers.
- Purkle may, at its own discretion, refuse to allow you to participate in Special Offers and Research Offers at any time.
- Purkle dollars are awarded according to the terms and conditions of each Offer.
- You may participate once only in each Offer for which you qualify.
- Only one Member per household may participate in each Offer.
- Only one Member per name and per unique email address.
- In order to validate Members, reduce fraud and to protect the integrity of results obtained from Research Offers, Purkle may at any time and at its own discretion, request that you provide suitable and valid identification to verify your name and date of birth.
Membership is specific to you. You agree to provide current, complete, and accurate information in the registration section of the Site and shall keep this information up to date.
4. Unauthorised Use
5. Special Offers
As a Member of Purkle you may receive several types of Special Offer. Special Offers may be sent to you via a number of methods including but not limited to: email, SMS and post. The invitation will indicate the specific terms and conditions applicable to the Special Offer. Some Special Offers may include the ability to earn Purkle dollars if you meet certain criteria. For example, Pay Per View Offers and Pay Per Purchase Offers (two of the types of Special Offer you may receive), which are defined below. For other types of Special Offer, details of how you can earn Purkle dollars (if any are payable) will usually be included with the Special Offer.
“Pay Per View” Offers – this is where payment of Purkle dollars is tied to the viewing of marketing material accessible through a link in the invitation for that Special Offer. You will receive payment of Purkle dollars for Pay Per View Offers if you satisfy all of the following criteria:
- You are invited to participate in the Special Offer by way of an email invitation directly from Purkle;
- You view the Special Offer by clicking on the link provided in the invitation prior to the close date, which will be specified in the invitation for the Special Offer; and
- You comply with any other specific terms and conditions for the Special Offer set out in the invitation.
“Pay Per Purchase” – this is where payment of Purkle dollars is tied to the purchase by you of the product or service which is promoted in the Special Offer. You will receive payment of Purkle dollars for Pay Per Purchase Offers if you satisfy all of the following criteria:
- You are invited to participate in the Special Offer by way of an email invitation directly from Purkle; and
- You purchase the product or service offered by the Client prior to the close date for that offer, and otherwise in accordance with all terms and conditions which will be specified in the invitation for the Special Offer.
Purkle reserves the right to offer you a reduced Purkle dollar amount for a Pay Per Purchase Special Offer in circumstances where you accept the Special Offer but are declined by the Client making the Special Offer (for example if the Client’s quota for the Special Offer is reached).
6. Research Offers
If Purkle dollars are payable for a Research Offer, these will be paid to you for a Research Offer if you satisfy all of the following criteria:
- You are invited to participate in the Research Offer by way of an email invitation from Purkle;
- Purkle considers that you have completed all responses to the Research Offer accurately and honestly;
- You are not disqualified from the Research Offer as a result of the responses provided by you;
- You respond to the Research Offer prior to the close date for that offer, which will be specified in the invitation for the Research Offer;
- You comply with all the terms and conditions specified in the invitation for the Research Offer; and
- You respond to the Research Offer before the quota of responses (if any) for that offer is reached.
Purkle reserves the right to reduce the Purkle dollar amount payable to you in circumstances where:
- Your responses to a Research Offer disqualify you from inclusion in the Research Offer; or
- You complete a survey prior to the close date for the Research Offer, but after the quota of responses for the Research Offer has been reached.
Purkle reserves the right to refuse payment of Purkle dollars to you if:
- You submit the Research Offer partially completed or do not respond to the invitation; or
- If Purkle considers that the Research Offer has been completed inaccurately or dishonestly.
7. Research Offer Rewards and Prize Draws
From time to time Purkle may offer additional rewards or incentives through prize draw promotions on certain Research Offers (Prize Draw). The terms and conditions of such Prize Draws will be included as a website link on the Research Offer invitation and hosted on the Purkle website. Fulfilment of rewards or incentives through Prize Draws is subject to their specific terms and conditions.
From time to time Purkle will offer Members research surveys that are hosted by independent third party partners, where this is the case and a Prize Draw is offered, the decision and responsibility to honour the reward or incentive will be the responsibility of the third party partner at their discretion.
8. Accrual of Purkle Dollars
If an Offer includes the payment of Purkle dollars and if you have met the relevant criteria for the payment of Purkle dollars for that Offer, unless otherwise stated in relation to a specific Offer, Purkle dollars will generally be payable:
- for Research Offers - upon completion of the entire marketing research study, survey, focus group or telephone interview for which the invitation was made; and
- for Special Offers - upon either agreeing to view the details of the offer or upon purchase of the product or service offered.
Purkle will not be responsible if you delete or change your email address before you have been credited with Purkle dollars for your participation in a particular Offer.
Purkle dollars will be deposited in your Purkle account. You can redeem your Purkle dollars as set out on the redemption page of the Site.
9. Redemption of Purkle dollars
(a) To redeem Purkle dollars, you must visit the redeem page and make a selection from the range of redemption options available.
(b) The value of your redemption option must not exceed the Purkle dollars in your account. You may select a redemption option of lesser value and any remaining Purkle dollars will
remain in your account for future use. You will not be able to redeem Purkle dollars for redemption options if you do not have sufficient Purkle dollars for such redemption options.
(c) Purkle dollars do not have cash value.
(d) Purkle will not exchange, reimburse Purkle dollars or extend the period of validity or re-issue redemption options. You are required to take note of expiration/validity dates and
ensure that your selected redemption option is redeemed before its expiration. Once redeemed your redemption option may not be returned or refunded.
(e) Purkle will not be responsible for the loss, damage or theft of redemption options once they have been redeemed through the redeem page.
(f) Purkle is not the supplier of Ticketek ezyGift vouchers or Magshop Vouchers (Reward Vouchers). Purkle is not responsible for any liability arising out of the redemption of Reward
Vouchers. Any dispute regarding the goods or services redeemed by Reward Vouchers must be directed to the named supplier of the Reward Voucher.
(g) Purkle reserves its right to change, add or remove redemption options available on the redeem page at its discretion and without notification to you.
(h) If you wish to terminate your Membership you will need to redeem your Purkle dollars before doing so. Upon termination of your account your Purkle dollars will be forfeited.
(i) Purkle redemption options are subject to a processing period before they are delivered to you. You are responsible for taking note of the processing period, delivery method and validity period of your selected reward option.
(j) In order to validate Members and reduce fraud, Purkle may at any time during your redemption of Purkle dollars and at its own discretion, request that you provide suitable and
valid identification to verify your name and date of birth. If you are unable to provide suitable and valid identification to verify your identity to Purkle's satisfaction, you may not be able to
redeem your Purkle dollars.
(k) All eVouchers redeemed from the Purkle program are not redeemable for cash and should not be resold or exchanged. If an eVoucher is sold or used in breach of this condition, the
eVouchers may be cancelled without a refund and the bearer of the eVoucher may have their Purkle account terminated.
10. Inactive Member Accounts
Purkle may close your Purkle account if the account is inactive for a period of 12 months. You will not be compensated for Purkle dollars forgone in an account that is closed due to inactivity.
Purkle may terminate your membership of the Purkle program if it considers that you have abused your membership including for the following reasons:
- Giving false or misleading information in your Member profile
- Creating multiple Purkle accounts
- Taking the same survey more than once
- Taking a survey, not qualifying, then taking the same survey again with knowledge of how to get through the qualifying process
- Telling another Member how to get through the survey qualifying process
- Intentionally giving faulty responses on a survey
- Completing a survey so quickly that Purkle takes the view that you would not have been physically able to read the questions
- Posting details of Offers from Purkle and Clients’ links to surveys in any public forum, including the internet
- Using usernames or email addresses in your Member profile that Purkle considers are indecent
- If you are unable to answer profile verification questions
- If you are unable to provide suitable and valid identification to verify your identity to Purkle's satisfaction.
Purkle also reserves the right to terminate your membership if it considers that you have breached these Terms and Conditions of Membership.
If your Membership is terminated by Purkle your account will be closed and you will forfeit all Purkle dollars in your account at the time of termination.
If you become dissatisfied with the Terms and Conditions of Membership or any modifications thereof, or with the Site, your only recourse is to discontinue use of the Site and terminate your membership of the Purkle program. Upon termination, your right to use the Site and your membership cease immediately and you will not be compensated for any forgone Purkle dollars in your account at the time of termination.
In the event the Purkle business is sold to a third party, you grant Ticketek New Zealand the right to transfer the personal information and other data and rights that Purkle has collected from you to that third party, and Ticketek New Zealand will not be required to obtain your prior consent or approval or to notify you of such a transfer.
13. Limitation of Liability
Certain statutory warranties under consumer protection laws will be implied for your benefit. Nothing in these Terms and Conditions of Membership is intended to exclude or restrict the application of such laws but Ticketek New Zealand does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to an Offer and/or the goods and services that are the subject of an Offer outside these laws. Subject to claims available under consumer protection laws, neither Ticketek New Zealand nor its related bodies corporate is liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with an Offer and/or the goods and services that are the subject of an Offer.
For claims relating to an Offer and/or the goods and services that are the subject of an Offer that cannot be excluded or restricted under consumer protection laws , the liability of Ticketek New Zealand for such a claim will (at Ticketek New Zealand’s option and to the extent permitted by law) be limited to:
(a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and
(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.
You agree to indemnify and keep indemnified, Ticketek New Zealand, its parent entities, subsidiaries, affiliates, officers, directors and employees, from and against all loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred by Ticketek New Zealand arising from any claim, demand, suit, action or proceeding by any person against Ticketek New Zealand where such loss or liability arose out of, in connection with, or in respect of your use the Site, your membership of the Purkle program and your conduct including but not limited to breaching any warranty or provision contained in these Terms and Conditions of Membership.
15. General Provisions
The failure by Ticketek New Zealand to enforce any right or provision under these Terms and Conditions of Membership shall not constitute a waiver of that provision.
Purkle does not make any representation or warranties regarding third party websites or the information contained there-in.
If any provision of the Terms and Conditions of Memberships are determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of the Terms and Conditions of Membership shall remain in full force and effect.
These Terms and Conditions of Membership are governed by the laws of New Zealand. You irrevocably submit to the exclusive jurisdiction to the courts of New Zealand.
The Terms and Conditions of Membership constitute the entire and only agreement between the parties and supersede any prior or other understandings, representations or warranties. You acknowledge that by ticking the tick box at the bottom of the registration page to become a member, you are stating that you have read, understood and agreed to these Terms and Conditions of Membership.