ReferTech Terms and Conditions
Last Updated: Sept 2023
1.1. REFER TECH LTD are registered in England and Wales under company number 13068177 with a registered office at 76b Greenwood Road, London, England, E8 1NE ("we", "our" or "ReferTech"). Should you have any questions on these terms please get in contact with us at firstname.lastname@example.org.
1.2. ReferTech provides the technology, support and administration services (the "Services") to enable clients (the "Client") to run referral marketing campaigns (each a "Campaign") through which they can offer their customers or clients rewards ("Rewards"). These Campaigns may include the following services:
1.2.1. refer-a-friend services where customers or clients are offered Rewards in exchange for those customers or clients ("Referrers") referring their friends ("Referees") to the Client’s products or services (the "Client Goods or Services"); and
1.2.2. such other services where customers or clients are offered Rewards or the option to provide feedback to Clients.
1.3. These terms apply to individuals who are accessing or using a Campaign as a Referrer, a Referee and/or otherwise a customer and the use of "User" or "you" shall be a reference to any of these terms as the context permits.
1.4. By participating in a Campaign and using the Services, Users agree to these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you should not participate in the Campaign in any manner. Users may not participate in the Campaign where doing so would be prohibited by any applicable law or regulations.
1.5. We reserve the right to modify or amend at any time these Terms and Conditions. Any amendments or new terms and conditions will be available on our website and/or via the landing page of the website where the relevant Campaign is being offered. The Terms and Conditions that apply to you shall be the Terms and Conditions published at the time you participate in the relevant Campaign.
2. THE CAMPAIGN
2.1. The Campaign, and your participation in it, is also subject to the Campaign Terms and Conditions which are made available on the webpage where the relevant Campaign is being offered.
2.2. You acknowledge and agree that the Campaign is being offered and made available by the relevant Client. ReferTech’s role and responsibility is limited to providing technology, administration and support services to the Client in connection with the Campaign.
2.3. By agreeing to these Terms and Conditions and participating in a Campaign you confirm that:
2.3.1. You are at least the minimum age permitted by applicable law to enter into these Terms and Conditions;
2.3.2. all of the information you have or will provide to ReferTech during your receipt of the Services is true and accurate, to the best of your knowledge; and
2.3.3. You are responsible for configuring and maintaining your hardware, software and network connection to enable you to access any ReferTech Platform (as defined below).
2.4 You agree that you will not, whilst using the ReferTech Services or accessing the ReferTech Platform:
2.4.1. use the Services for any illegal or immoral purposes, or for any purpose other than your participation in a Campaign;
2.4.2. use the Services in any way that interrupts, damages or impairs them, or otherwise renders the Services less efficient;
2.4.3. impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information; and
2.4.4. access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the security measures of the ReferTech Platform.
2.5. When you send a communication to a Referee, you confirm that:
2.5.1. any such Referee is personally known to you;
2.5.2. You have, where reasonably practical, obtained the consent of the Referee before contacting them;
2.5.3. You understand that you are the sender of all communications under the Services, and you should comply with all applicable laws in relation to the sending of electronic communications; and
2.5.4. You will not enter or otherwise use information of any third party or Referee in order to use the Services for any bulk email distribution, distribution to strangers, or any other promotion of a personal link in a manner that would constitute or appear to constitute (in ReferTech’s sole discretion) unsolicited commercial email or "spam".
2.6. For a User to qualify for a Reward, a Referee must:
2.6.1. not be a current customer and have never been a customer of the Client under any email address or alias;
2.6.2. have purchased goods or services from the Client having accessed the Campaign; and
2.6.3. comply with any other criteria notified to it.
2.7. If we reasonably believe that you have breached any of these Terms and Conditions, we reserve the right to immediately suspend or terminate your use of the Services without notifying you, and without further liability to you, including without any liability in respect of you no longer being able to participate in or benefit from any Campaign.
2.8. We will not charge you a fee for receiving the Services. We may receive a payment from the relevant Client for your participation in the Campaign.
3. OUR OBLIGHATIONS TO YOU
3.1. Our obligations to you under these Terms and Conditions are limited to ReferTech using commercially reasonable endeavours to provide the Services to you in respect of your selected Campaign.
3.2. All Campaigns are independently operated by Clients under separate Client Terms and Conditions. To benefit from any Campaign, you must enter into an independent agreement between you and the relevant Client, which ReferTech will not be a party to and under which we will have no rights or obligations.
3.3. Whilst we take reasonable steps to ensure Clients operate responsibly and in compliance with applicable laws, ReferTech has no control over the operation of any Campaign, and will not be liable for:
3.3.1. the performance of any Client under any Client Terms and Conditions;
3.3.2. the variation, suspension or cancellation of any Campaign;
3.3.3. the offer, redemption or fulfilment of any Reward to you or any Referee under any Campaign; or
3.3.4. the supply of any Client Goods or Services to you or any Referee by a Client under or in relation to a Campaign.
3.4. We reserve the right to suspend or terminate the provision of some or all Services to the Client in respect of any Campaign (whether generally or in respect of a specific User) at any time upon receipt of a request to do so by the Client or if we reasonably consider that such suspension of the services is necessary in the interests of ReferTech, the Client or any User.
3.5. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using any ReferTech Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3.6. Users will be provided with a unique and personal ReferTech "sharing dashboard" page or account to view their referrals and any Rewards to which they are entitled.
4. DATA PROTECTION
4.1. You agree that ReferTech (in its capacity as data processor for the Client) may receive and use your personal data (including, without limitation, your name, telephone number, email address and postal address) in connection with and for the purposes of administering the Campaign (the "Personal Data").
4.3. We do not knowingly process personal data from children. If you are a child do not use or provide any information about yourself including without limitation your name, address, email address or screen name or user name you may use. If we learn that we have collected or received personal data from a child without verification of parental consent, we will delete that information. If you believe that we may have any information from or about a child, please contact us at the email address above.
5. WEB PAGES HOSTED BY ReferTech
5.1. Some of the web pages you visit or IT infrastructure you use in connection with the Campaign may be hosted or operated by ReferTech (the "ReferTech Platform"). We do not guarantee that the ReferTech Platform will be secure or free from bugs or viruses.
5.2. You are responsible for configuring your information technology, computer Campaigns and platform to access our site. You should use your own virus protection software.
5.3. You must not misuse the ReferTech Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
5.4. Web pages we operate, including the ReferTech Platform, may contain links to other independent web pages which are not operated by ReferTech, including those operated by Clients. Such independent sites are not under ReferTech’s control, and we are not liable for, and give no warranty or guarantee of any sort, that we have checked, screened or approved their content or their privacy policies in any way.
5.5. You will need to make your own independent judgement about whether to use any such third party sites, including whether to buy any products or services offered by them.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The Services, the ReferTech Platform, and all information and materials contained on or in them, and all intellectual property rights which are expressed or embodied in any of them are the property of ReferTech or our licensors, and nothing in these Terms and Conditions is intended to transfer any rights in any of them.
6.2. You agree that any comments, communications, ideas or other materials or information ("Customer Suggestions") that you may provide to us through or in relation to the Services and the website is provided on a non-confidential basis. Furthermore, you agree that any Customer Suggestions you provide will be deemed to be our property once supplied to us and you assign all and any intellectual property rights that may exist in the Customer Suggestions to us. We will be under no restriction in relation to the Customer Suggestions and may use it as we see fit.
7. OUR LIABILITY
7.1. No part of these Terms and Conditions are intended to exclude or limit in any way our liability to you where it would be unlawful to do so. This includes our liability for:
7.1.1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
7.1.2. fraud or fraudulent misrepresentation.
7.2. We will not be liable to you for any financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of or in connection with your participation in the Campaign (whether suffered or incurred as a result of our negligence or otherwise).
7.3. For the avoidance of doubt, the liability excluded under clause 7 includes any loss arising from your dealings with any Client or arising from the Client Goods or Services and we shall have no liability to you whatsoever for any act or omission of the Client in connection with the Client Goods or Services or any of the matters set out in clause 3.3 above.
7.4. No part of these Terms and Conditions are intended to affect your legal rights.
8.1. No term of these Terms and Conditions will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
8.2. We may assign or sub-contract any of our rights or obligations under these Terms and Conditions.
8.3. If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
8.4. The agreement between you and ReferTech under these Terms and Conditions is personal to you and may not be transferred by you to any third party.
8.5. These Terms and Conditions shall be governed by English law and you agree that any dispute (contractual or non-contractual) arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of England.
For more information about our Terms and Conditions, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com.