1.1 Buyapowa Limited (a company registered in England and Wales with registration no 07574698 and registered office at Belle House, Unit 2, Platform 1 Victoria Mainline Station London, SW1V 1JT, UK) ("we" or "Buyapowa") provide the online platform including as hosted on www.Buyapowa.com (“Platform”) via which offers by merchants ("the Promoter") of the opportunity to invite friends to purchase the Promoter's goods and services ("Promoter's Services") can be made by customers of the Promoter ("Invite-a-Friend Promotion" or "Promotion").
1.2 These terms and conditions (“Platform Terms”) apply to individuals who access or sign up to the Promotion both as someone referring the Promoter’s Services to a friend (a “Referrer’) and to the friend referred to the Promoter's Services (a “Referred Friend”). The term 'User'These terms and conditions (“Platform Terms”) apply to individuals who access or sign up to the Promotion both as someone referring the Promoter’s Services to a friend (a “Referrer’) and to the friend referred to the Promoter's Services (a “Referred Friend”). The term 'User' or 'you' as used in these Platform Terms means either a Referrer or a Referred Friend depending on which one you are. In some contexts it may mean both Referrer and Referred Friend.These terms and conditions (“Platform Terms”) apply to individuals who access or sign up to the Promotion both as someone referring the Promoter’s Services to a friend (a “Referrer’) and to the friend referred to the Promoter's Services (a “Referred Friend”). The term 'User' or 'you' as used in these Platform Terms means either a Referrer or a Referred Friend depending on which one you are. In some contexts it may mean both Referrer and Referred Friend. or 'you' as used in these Platform Terms means either a Referrer or a Referred Friend depending on which one you are. In some contexts it may mean both Referrer and Referred Friend.
1.3 By signing up to participate in the Promotion, Users are bound by these Platform Terms. If you are a Referrer you agree to participate and agree to these Platform Terms when you enter your name and email address and any otherj requested details on the Promotion page of the Promoter’s webpage and press “submit” or “sign up” or a similar button to proceed to get further details of the Promotion. If you are a Referred Friend then you agree to participate in the Promotion when you activate the Promotion code or access the Share URL emailed to you by the Referrer. If you do not agree to these Platform Terms in their entirety you are not authorised to register as a Referrer and you may not participate in the Promotion in any manner. Users may not participate in the Promotion where doing so would be prohibited by any applicable law or regulations.
1.4 We reserve the right to modify or amend at any time these Platform Terms. Any amendments or new terms and conditions will be available on our website and the terms and conditions on the website at the time you participate in the Promotion will be the ones that apply. You may stop participating in the Promotion if you do not wish to be bound by any such amendments. If you continue to participate in the Promotion then you will be deemed to have accepted the new terms.
2.1 To participate, a User may click on a link on a Promoter's website that directs them to a Promotion. The User may then follow the on-screen instructions to refer friends, family members or colleagues ("Referred Friends") to the Promoter's Services ("Referral").
2.2 Users will be notified as to the method by which they may refer a friend and through which Referred Friends can access relevant discounts or rewards (“Rewards”) offered by the Promoter. Referrer has sole responsibility for sharing the link in accordance with Promotion Terms and applicable law.
3.1 A User must register or sign up for the Promotion on the Promoter’s webpage in order to make a Referral.
3.2 The terms of the Promotion and the Rewards which Users may receive by participating in the Promotion are as set out on the Promoter’s webpage and subject always to the Promoter’s terms and conditions (“Promotion Terms”).
3.3 Referrers may be provided with a unique and personal “Login URL" to access the Platform to view their Referrals and any Rewards to which they are entitled (“Referrer Dashboard”). This Referrer Dashboard can be viewed by Referrers and the relevant Promoter. Buyapowa hosts the Referrer Dashboard and may access the data in it for the purposes of providing support services and troubleshooting.
3.4 Referred Friends may be provided with a “Share URL” to access the Promoter’s webpage in order to redeem a Referred Friend Reward. Buyapowa has no access to the data input or accessed via the Share URL and it is not hosted on our Platform.
3.5 The particular Reward to which a User is entitled will be that Reward advertised on the Promoter's website at the time the User registers for the Promotion in respect of that Promoter. Please note that Rewards in respect of the same Promoter may change from time to time and different Users may be entitled to different Rewards.
3.6 Rewards may be a discount on a future purchase, a voucher, a cash rebate or such other benefit as the Promoter may determine. The Promoter shall be responsible for ensuring that the Reward is honoured and Buyapowa shall have no liability to a User in respect of redeeming or obtaining the benefit of a Reward.
3.7 Every Reward advertised on the Platform or through a Promoter's website will be subject to these Platform Terms. In addition, the Reward will be subject to any specific or bespoke terms notified to you at the time you register for the Promotion. For a User to qualify for a Reward the User must comply with Promotion Terms and these Platform Terms and any other criteria notified to the User by the Promoter or Buyapowa.
3.8 We may also refuse to process any transaction or refuse access to the Platform where we deem, in our sole discretion, the transaction or access to be fraudulent, suspicious, in violation of these Platform Terms, or believe it will impose potential liability on us, our subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
3.9 Upon termination of the Promotion or any portion thereof for any reason, or upon cancellation of a Referrer Dashboard for any reason, User will not be able to access any unredeemed Rewards. The manner in which Rewards are given and the ability to claim unredeemed Rewards is controlled by the Promoter. Users should contact the Promotor to resolve any issues in relation to redeeming Rewards.
4.1 Rewards may be redeemed with the relevant Promoter in accordance with the Promotion Terms and any other terms specific to the reward about which you have been notified, or will be notified, directly by the Promoter.
4.2 Buyapowa is not responsible in any way whatsoever for providing you with the Promoter's Services, whether in accordance with a Promotion, a Reward or otherwise.
4.3 The terms on which a Reward may be redeemed will always be incorporated in the relevant Promotion Terms. We recommend that before you purchase Promoter's Services or refer friends to a Promoter you read the Promotion Terms which will be available on the Promoter's own website or by calling or emailing the Promoter. If you have any queries about the Promotion Terms you should direct them to the Promoter rather than to us.
4.4 Unless stated otherwise in these Platform Terms, once we have provided you with the means of redeeming the Reward, we have no further obligation to you in relation to the Reward and all responsibility lies with the Promoter.
4.5 We accept no responsibility and will have no liability to you if the Promoter's Services do not meet your requirements or you find them unsatisfactory in some way and your right of action or claim will be against the Promoter.
5.1 You must:
5.1.1 observe and act in accordance with these Platform Terms and the relevant Promotion Terms;
5.1.2 not redeem the Reward or deal with the Promoter in any way which could be deemed to be harmful to the business or reputation of Buyapowa or do anything which might adversely affect our relationship with a Promoter.
5.1.3 not attempt to market, reproduce, sell or re-sell the Reward to any third party whatsoever;
5.1.4 use the Buyapowa Platform and Referrer Dashboard in accordance with these Platform Terms and not in any way which may affect the reputation of Buyapowa or the use and enjoyment of the Platform or the Referrer Dashboard by any other users or third parties;
5.1.5 inform us as soon as it is practicable if become aware that someone has tried to access your Referrer Dashboard without your permission or attempted to obtain Rewards using your personal details.
5.2 You warrant that:
5.2.1 you have the power and authority to agree to these Platform Terms; and
5.2.2 you are at least 18 years of age.
6.1 If a User provides a Friend Link to a Referred Friend by email, or via social media private messaging where permitted under the Promotion Terms the email, and/or private message (as applicable) must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. The Referrer represents that he/she has their prior consent to send such emails and/or private messages.
6.2 Bulk email distribution, distribution to strangers, or any other promotion of a Friend Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Buyapowa’s sole discretion is expressly prohibited and may be grounds for immediate termination of your Referrer Dashboard and deactivation of the Friend Link.
6.3 We have a no tolerance spam policy. Buyapowa has no obligation to monitor the content provided by Users; however, Buyapowa may choose to do so and block any email messages, remove any such content, or prohibit any use of the Platform by the User.
6.4 Each User is the actual sender of the emails or social media private messages to Referred Friends and must comply with applicable law. A User who does not comply with the law, including anti-spam laws, shall indemnify Buyapowa against any and all liabilities, costs and expenses it incurs as a result of a breach by User.
7.1 We may suspend or terminate your access to the Platform at any time if:
7.1.1 you are in breach of these Platform Terms;
7.1.2 we suspect that you are about to commit a breach of these Platform Terms;
7.1.3 you are in breach of the Promotion Terms and/or the Promotor requests that we terminate or suspend your access to the Platform.
7.2 Upon suspension or termination you will no longer be able to access the Platform or use your Referrer Dashboard or access Rewards.
8.1 You agree to indemnify us as set out in clause 6.4 above and for any and all claims or legal proceedings that may be brought against us and for any loss or damage we may suffer or incur as a result of:
8.1.1 your breach of these Platform Terms; or
8.1.2 your breach of the Promotion Terms or any other terms associated with the Promotionand/or Referrals and Rewards; or
8.1.3 your actions in relation to the Platform or the Referrer Dashboard.
9.1 We will not be liable to you for any business, 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 provision of the Platform and any associated services we may provide to you under, or in any other way connected with, the Promotion and under these terms and conditions (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud or fraudulent misrepresentation.
9.2 For the avoidance of doubt, the liability excluded under clause 9.1 includes any loss arising from your dealings with any Promoter or arising from the Promoter’s Services (including but not limited to inability to access or claim Rewards following suspension or termination of your access to the Platform pursuant to clause 7 above) and we shall have no liability to you whatsoever for any act or omission of the Promoter in connection with the Promotion and/or the Promoter’s Services.
9.3 Our liability to you for all losses under these terms and conditions (subject to any liability in accordance with clause 9.5 below) is limited to the greater of (i) the equivalent monetary value of Rewards received by you under this Agreement; and (ii) £100.
9.4 No claim may be brought against us in relation to the Promotion and under these terms and conditions more than 12 months following the date on which you last received a Reward.
9.5 Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud or fraudulent misrepresentation.
9.6 You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our services only extend to providing the Platform for the Promotion to facilitate you participating in the Promotion and receiving Rewards. Responsibility for the Promotion and for redeeming Rewards and for Promoter’s Services lies solely with the Promoter.
10.1 The content of the Platform and our website is protected by copyright, trademarks, database rights and other intellectual property rights ("IP Rights") and all such IP Rights are owned by Buyapowa or are properly licensed to us by our licensors. The IP Rights in the Platform and our website shall remain the property of us or our licensors.
11.1 We process information about you, that you have given to the Promoter and us when signing up to participate in a Promotion, on our Platform and in the Referrer Dashboard for the purposes of providing access to the Promotion and to enable you to redeem Rewards.
12.1 These Platform Terms are governed by English law and you and we agree to submit to the exclusive jurisdiction of the courts of England in the event of any dispute or claim arising under these Platform Terms.