Referral Program Terms of Service

These are the terms and conditions (the “Terms”) on which we, CarVanBike LTD of 10 Bank Top, Blackburn, England, BB2 1TB (“CarVanBike”, “we”, “us” and “our”) offers brand supporters (“Referrer” or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by CarVanBike.

Referrers are bound by these Terms by participating in the Program. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms. If you do not agree to these Terms in their entirety, you are not authorised to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right to modify or amend at any time these Terms and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms or otherwise fails to comply with any applicable laws (including, without limitation, through any failure or otherwise required by CarVanBike).

To participate in the Program, Referrers must be “Traders” and should visit www.carvanbike.com and follow the on-screen instructions to refer Fellow Traders to the program by entering their contact information in the relevant fields. Referrer must be on a “starter pack” or above to participate.

Individuals who receive a referral via a Referrer must be Traders. An "Eligible" Referrer who is fully compliant with these Terms may receive "Reward(s)" for every "Qualified Referral” (all terms in quotes to be understood as defined below).

By participating in the Program, a Referrer represents that he or she has the Fellow Traders prior consent to provide their contact information.

A Referrer must register at www.carvanbike.com to make a referral. Once a Referrer refers a Fellow Trader, he/she will be provided with a confirmation email and will be contacted if a Qualified Referral is made by the referred Fellow Trader within 12 months.

Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with CarVanBike or participate in the Program using multiple or fake email addresses or identities.

A “Qualified Referral” means that all the following conditions are met:

The Fellow Trader completed a purchase of CarVanBike services. If a Fellow Trader registers with CarVanBike using any other method, the registration will not count as a Qualified Referral and the Referrer will not earn your discount;

Referrer shall receive one (1) reward (each, a “Reward”) 25% for each verified Qualified Referral generated by Referrer. For example qualified referral spends 300 pounds plus vat – referrer receives 75pounds

Rewards are subject to verification. CarVanBike may delay a Reward for the purposes of investigation. CarVanBike may also refuse to verify and process any transaction CarVanBike deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms, or believes will impose potential liability on CarVanBike, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of CarVanBike's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.

For the purposes of applicable data protection legislation, we will process any personal data you have provided to us in accordance with our Privacy Policy.

You agree that, if you have provided Us with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Us. You agree to indemnify Us in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

CarVanBike’s website and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Referrer and CarVanBike, all Content is the property of CarVanBike or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on CarVanBike’s website or the Program is the exclusive property of CarVanBike and is protected by copyright, trademark, and other laws.

CarVanBike authorises you, subject to these terms, to access and use CarVanBike’s website, the Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorised use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

The registered or unregistered logos, product and service names contained in CarVanBike’s website, or the Program are or may be trademarks of CarVanBike or its licensors (the "Marks"). Without CarVanBike’s prior written permission, and except as solely enabled by any link as provided by CarVanBike, you agree not to display or use in any manner the Marks.

By participating in the Program, Referrers agree to:

1. Be bound by these Terms, the decisions of CarVanBike and its designees, and the Privacy Policy of CarVanBike;
2. Defend, indemnify, release and hold harmless CarVanBike, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers’ participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and

CarVanBike shall not be liable for:

1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
2. Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
3. Data corruption, theft, destruction, unauthorised access to or alteration of entry or other materials;
4. Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
5. Claims, demands, and damages in disputes among Referrers or between Referrers and Fellow Traders; or
6. Any other injuries, losses or damages of any kind resulting from acceptance, possession, or use of a reward, or from participation in the Program, that were not reasonably foreseeable to CarVanBike at the relevant time.

CarVanBike disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorised intervention or other cause beyond CarVanBike’s control corrupt the administration, security or proper operation of the Program.

CarVanBike shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.

CarVanBike reserves the right to cancel or suspend the Program should CarVanBike determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

Referrers expressly understand and agree that: (a) your use of the program is at your sole risk; the program is provided on an "as is" and "as available" basis and CarVanBike expressly disclaims all warranties, conditions and terms (collectively, "promises") of any kind, whether express or implied by statute, common law or custom, including, but not limited to, warranties as to products or services offered through the use of the program, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and noninfringement; (b) CarVanBike makes and gives no warranty that (i) the program will meet your requirements or be uninterrupted, timely, secure, or error free, (ii) the results obtained from the use of the program will be accurate or reliable, (iii) the quality of any products, services, information, or other material obtained by you through the program will meet your expectations, and (iv) any errors in the service will be corrected; and (c) any material downloaded or otherwise obtained through the use of the program is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.

Referrers expressly understand and agree that CarVanBike (including any vendors and service providers associated with or assisting in providing the program) shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CarVanBike was advised of the possibility of such damages), resulting from: (i) the use or the inability to use the program; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the program; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on or through the program; or (v) any other matter relating to the program. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.

To the fullest extent possible by law, CarVanBike's (including any vendors and service providers) maximum liability arising out of or in connection with the program, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), shall not exceed £100.

Referrers should use the program at their own risk.

If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), CarVanBike reserves the right to cancel, change, or suspend the Program.

Referrers agree not to use the Program to:

1. Violate applicable law;
2. Infringe the intellectual property rights of CarVanBike or any third parties;
3. Stalk, harass, or harm another individual;
4. Collect or store personal data about other Referrers;
5. Impersonate any person or otherwise misrepresent Referrer's identity;
6. Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
7. Interfere with another Referrer's use of the Program;
8. Attempt to gain unauthorised access to the Program, other accounts, computer systems, or networks connected to the Program;
9. Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
10. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
11. Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

If a Referrer provides a Personal Link to www.carvanbike.com to a Fellow Trader by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with Fellow Traders, and colleagues.

Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in CarVanBike’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. CarVanBike has a no-tolerance spam policy.

CarVanBike has no obligation to monitor the content provided by Referrers; however, CarVanBike may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

While CarVanBike is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including antispam laws, are obligated to indemnify CarVanBike and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.

CarVanBike may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in CarVanBike’s sole discretion, if CarVanBike determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of CarVanBike.

Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.

Referrers may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.

CarVanBike reserves the right to disqualify any Referrer and/or cancel any Reward(s) if CarVanBike finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms in any way.

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

These terms and conditions and the relationship between you and CarVanBike shall be governed by and construed in accordance with the Law of England and Wales and CarVanBike and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.