1. The following definitions shall apply throughout these terms and conditions:
“Applicant” | any individual residing in the United Kingdom aged 18 or over who makes a Qualifying Purchase following a referral by an Eligible Customer. |
“Eligible Customer” | a current customer of the Promoter residing in the United Kingdom aged 18 or over who seeks to refer an Applicant under these terms and conditions. |
“Gift Card” | a flexible e-gift card valued at £20.00 that can be used at any of the retailers listed on giftpay.co.uk/business/egifts.aspx |
“Promoter” | Caunce O’Hara & Co of 82 King Street, Manchester, M2 4WQ. |
“Promotion” | the refer a friend promotion offered by the Promoter in accordance with these terms and conditions. |
“Qualifying Purchase” | has meaning given in clause 3.1. |
2. Subject to these terms and conditions, within 3 months of an Applicant making a Qualifying Purchase, the Promoter shall grant to both the relevant Eligible Customer and the Applicant a Gift Card.
3. A Qualifying Purchase is:
4. Any Gift Card granted under these terms and conditions by the Promoter is non-transferrable and no cash alternative will be provided. The Promoter reserves the right to substitute the Gift Card for an alternative prize of similar or greater value.
5. Third party terms and conditions may apply to the Gift Card and the Promoter accepts no liability howsoever caused as a result of any loss sustained by the Eligible Customer or the Applicant as a result of any provision of any third party terms or the acts or omission of any third party. The Applicant and Eligible Customer acknowledge and accept that they are solely responsible for complying with any third party terms.
6. The Promoter reserves the right to withdraw or terminate the Promotion at any time and for any reason but will honour any Qualifying Purchases made at the time of withdrawal or termination with the issuing of Gift Cards to the relevant Applicant and Eligible Customer.
7. In the event of fraud, abuse, misconduct contravening the spirit of the Promotion or any error affecting the proper operation of the Promotion, the Promoter reserves the right to, at its sole discretion, suspend or terminate the Promotion and/or amend these terms and conditions. Any Gift Card already issued at the time of the suspension or termination of the Promotion must be returned immediately to the Promoter.
8. The Promoter does not and cannot accept responsibility for entries lost or delayed in transmission. Under no circumstances will the Promoter (or its parent, subsidiaries and affiliated companies) be liable (unless such liability cannot be lawfully excluded) for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in the Promotion or issuing of any Gift Cards (or substitute prize) and it excludes liability, to the fullest extent permitted by law for any loss or damage caused to the winner/s and/or companion/s arising out of these prizes.
9. Any personal data of an Applicant or Eligible Customer in the course of the Promotion will be processed in accordance with all requirements of the Data Protection Act 2018 and any other applicable law relating to the protection of personal data and privacy.
10. These terms and conditions shall be governed by and construed in accordance with the laws of England and subject to the exclusive jurisdiction of the courts of England and Wales.