Team RH Refer a Friend Terms and Conditions
Effective as of 13th March 2020
Please read the following important terms carefully before signing up to our Refer a Friend Program. Make sure that you are happy with these terms, and that there is nothing in them which you are not willing to agree to. You should pay special attention to clause 6 of these terms.
You must be at least 18 years old and be an active subscriber to our Team RH Life Plan to sign up.
By signing up to our Refer a Friend Program you enter into a legally binding agreement with us. If you do not agree to these terms, do not sign up to the program.
About Refer a Friend Program
As a reward to our Team RH Life Plan subscribers who spread the word about Team RH Life Plan, we offer them the ability to join our Refer a Friend Program (Program) to become our referrer (Referrer). As our Referrer, you will receive rewards for inviting your friends to sign up to our Team RH Life Plan and choose our annual subscription with one up-front fee.
Contents of these Terms
1. Who we are and how to contact us
2. About these Terms and our contract with you
4. How to get started
5. How to refer a Friend
6. Your obligations
7. How is the Reward calculated
10. Intellectual Property Rights
11. Our responsibility for loss suffered by you
12. Your rights to end this contract
13. Our rights to suspend or end this contract
14. Consequences of ending this contract
15. Other important terms
1. WHO WE ARE AND HOW TO CONTACT US
1.1. Who we are. When we say we, us or our, we mean Team RH Fitness Ltd, a company registered in England and Wales under company number 10675855. Our registered office is at Unit 11, Portobello Trade Park, Portobello Road, Birtley, Chester Le Street, DH3 2SB, United Kingdom. Our main trading address is at our registered office. Our VAT number is 273576082.
1.2. How to contact us. If you wish to contact us for any reason, including because you have any complaints or wish to end your contract with us, you can contact us by:
(a) using our website Help Centre or contact form;
(b) using our Facebook Group;
(c) e-mail at email@example.com;
(d) post to the address set out in clause 1.1 above.
1.3. How we may contact you. If we have to contact you, we will do so by e-mail or social media.
2. ABOUT THESE TERMS AND OUR CONTRACT WITH YOU
2.1. What these Terms cover and why you should read them. These are the terms and conditions (Terms) which govern our Program. Please read these Terms carefully and make sure that you understand them, before signing up to the Program. They set out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law. Before signing up to the Program, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to join the Program. You should retain a copy of these Terms for future reference.
2.2. Languages. These Terms and the Program are only available in English.
2.3. There are other terms that apply to you. In order to sign up to the Program, you must be a subscriber to our Team RH Life Plan. This means that, in addition to these Terms, the terms and conditions governing our Team RH Life Plan https://teamrhfitness.com/shop/privacy-terms/ also apply to you, but those terms are not part of this contract.
2.4. Formation of the contract. We will ask you to expressly agree to these Terms when signing up to the Program on our website, or, if you are our existing Referrer, when logging into your Account. When you receive our confirmation email, a legal contract between you and us governed by these Terms will come into force. Sometimes we may refuse to accept your request to join the Program, in which case we will notify you of our refusal and no contract will come into force between you and us. This may happen, for example, if we are aware or have reasonable suspicions that you are not eligible to sign up to the Program, because you do not meet the eligibility criteria in clause 3.
2.5. Duration of the contract. Our contract with you will remain in place for the duration of your subscription to the Team RH Life Plan. One month before that subscription ends, we will send you a reminder email giving you the option to renew your Team RH Life Plan subscription and your participation to the Program. If you choose not to renew them, the contract between you and us in relation to the Program will automatically expire on the date of expiry of your Team RH Life Plan subscription. This contract may also be otherwise terminated by you in accordance with clause 2.6(e) (Changes to these Terms), clause 12 (Your rights to end this contract), or by us as described in clause 13 (Our rights to suspend or end this contract).
2.6. Changes to these Terms. We may need to change these Terms from time to time, for example, to reflect changes in law or best practice, or to reflect changes we may introduce from time to time to the Program (including to the value or structure of the Rewards). If that happens:
(a) we will give you at least 30 days’ notice of any change by sending you an email with details of the change; and
(b) the revised terms will come into effect on the expiry of that 30 days’ notice; and
(c) you will need to log into your Account and set a new coupon code when the new terms come into force, and use that new code from that date; and
(d) we will ask you to expressly accept the revised terms when you log into your Account; or
(e) if you do not accept the revised terms, you can end this contract by letting us know, using one of the methods of contacts set out in clause 1.2 of these Terms. This contract will end immediately when we receive your notice.
3.1. Eligibility criteria. To become a Referrer, you must:
(a) be at least 18 years old; and
(b) be a subscriber to and have an active account with Team RH Life Plan.
3.2. Your confirmation that you meet the criteria. By signing up to our Program, you confirm that you meet the eligibility criteria set out above.
4. HOW TO GET STARTED
4.1. How to join the Program. In order to join the Program, you must:
(a) have a PayPal account, because we will pay you the Rewards into your PayPal account; and
(b) register for a Refer a Friend account (Account) on our website.
4.2. Accuracy and security of your information. You must use accurate information, including your name and email address when registering for the Account. If your details change after the registration, you must update them on our website. You must keep your Account’s details secure and not share them with anyone else.
4.3. How to get a Coupon Code. During the Account registration process, you will be asked to choose your personalised coupon code (Coupon Code).
5. HOW TO REFER A FRIEND
5.1. How to refer a Friend. Once you receive an email from us confirming your Account registration, you may (but are not obliged to) invite your friends, family and your followers of your social media channels (Friends), who are not currently subscribers to our Team RH Life Plan, to subscribe to the annual Team RH Life Plan with one up-front fee using your Coupon Code.
5.2. What will your Friend get when using your Coupon Code? When signing up to our annual Team RH Life Plan with one up-front fee using your Coupon Code, your Friend will receive a 5% discount on the subscription fee.
6. YOUR OBLIGATIONS
6.1. You must comply with this clause 6.1 when you share your Coupon Code. You are not obliged to promote us or the Team RH Life Plan and generate Referrals. If you do, you must comply with these Terms.
6.2. Obligations and restrictions. You must:
(a) act in good faith towards us and your Friends in connection with all matters connected to this contract, and for lawful purposes;
(b) co-operate with us as may be reasonably required in connection with this contract;
(c) not share your Coupon Code with people who are not your members of your family or friends, save as permitted in sub-clauses (d) and (e) below;
(d) not actively approach and share your Coupon Code with any person who is not a member of your family or a friend (including by any means of direct marketing, for example, email, text message, phone, social media messaging). However, this does not prevent you from sharing your Coupon Code with a person who is not a member of your family or a friend but approaches you first and asks you about Team RH Life Plan;
(e) if you have your own social media channel, you can talk about Team RH Life Plan in your content and in other social media posts and share your Coupon Code with the followers of that social media channel. However, you must comply with the UK Code of Non-broadcast Advertising (CAP Code) and the equivalent set of rules applicable to social media influencers in your jurisdiction, including, but not limited to, in relation to identifying your posts as advertisements;
(f) if you promote the Team RH Life Plan and/or share your Coupon Code on any social media, you must comply with the terms and conditions and policies of the relevant social media platform;
(g) not advertise your Coupon Code in comments to our social media posts;
(h) not do anything that may harm our reputation, or the reputation of, our brands or products (including the Team RH Life Plan);
(i) not create more than one account in order to refer yourself, refer others that have created duplicate accounts, use alternative contact information to refer yourself or others that have created duplicate accounts, refer an existing subscriber of the Team RH Life Plan;
(j) not use the Program in any way that breaks any applicable local, national or international law or regulation; or any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; and
(k) comply with the content rules set out in sub-clause 6.3 below.
6.3. Other prohibitions. You must not, in connection with the Program do or communicate anything that:
(a) is illegal or unlawful or infringe any person’s legal rights;
(b) is offensive, deceptive, harmful, fraudulent, threatening, intimidating, abusive, harassing, anti-social, menacing, hateful, racially or ethnically offensive, discriminatory or inflammatory;
(c) causes annoyance, inconvenience or needless anxiety to any person (including by body shaming);
(d) is libellous or maliciously false;
(e) is obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
(f) infringes any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right, which broadly means that you must not post, publish or use any content that you do not have permission or right to use;
(g) infringes any right of confidence, right of privacy or right under data protection legislation;
(h) requests personal data from any person who is less than 18 years old;
(i) display, reference, “tag”, or otherwise identify anyone who is less than 18 years old (including your own family members, and including featuring in videos and photographs);
(j) constitutes negligent advice or contain any negligent statement;
(k) constitutes an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(l) is in contempt of any court, or in breach of any court order;
(m) is in breach of racial or religious hatred or discrimination legislation;
(n) is in breach of official secrets legislation;
(o) is in breach of any contractual obligation owed to any person;
(p) depicts violence in an explicit, graphic or gratuitous manner;
(q) is untrue, false, inaccurate or misleading or amount to impersonating another person or organisation;
(r) consists of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or
(s) constitutes spam, bulk messaging, auto-messaging, or any unsolicited advertising (other than as permitted in these Terms).
6.4. You must not allow others to breach the rules. You must not assist or permit any per-son to breach the rules set out in this clause 6.
7. HOW IS THE REWARD CALCULATED
7.1. What will you get for referring a Friend. In return for referring a Friend to us, we will pay you a commission (Reward) in respect of each Friend you refer to us, and whose order for the annual Team RH Life Plan subscription with one up-front fee is accepted by us (Referral).
7.2. How is the Reward calculated? The value of the Reward is based on the number of Referrals you make in a calendar month, and increases at the increments detailed in the table below by reaching defined Referral milestones (Milestones).
Number of Referrals per month Reward per Referral
Milestones 1 – 24 Referrals £5.00
25 – 49 Referrals £7.50
50+ Referrals £10.00
7.3. How do the Milestones work? Upon reaching a new Milestone, the new Reward value applies to all of your Referrals that take place in the relevant calendar month. For example, if you generate 30 Referrals in a month, you will receive £7.50 for each of your Referrals in that month (not only those above the 24th Referral), therefore £225 in total.
7.4. There is no limit on the number of Referrals you can make. The amount of Referrals you can make is not limited. For example, if you generated 100 Referrals in a single month, we would pay you £1,000 in Rewards.
8.1. When we will calculate your Rewards. You become eligible to receive a Reward once we accept your Friend’s order for our Team RH Life Plan subscription. The total value of your Rewards in respect of Referrals generated in a calendar month will be calculated on the first day of the following calendar month.
8.2. Reporting. You can view the number of Referrals you have generated and the total amount of Rewards due and paid to you in respect of those Referrals by accessing your Account.
8.3. How and when we will pay the Rewards to you. We will pay the total Rewards in respect of a calendar month to you on the first day of the following calendar month. The Rewards will be paid into the PayPal account that you provide us upon registration (as may be updated by you at your Account from time to time). We will send you an email to confirm the payment.
8.5. Currency. All Rewards will be paid you in pounds sterling (GBP).
8.6. Tax and other financial consequences. You are solely responsible for obtaining your own professional advice on and meeting any tax and other financial liabilities and consequences to which you may be subject as a result of receiving any Rewards from us.
9.1. Our Privacy Notice. Under data protection legislation, we are the data controller of your personal data and the personal data of your Friends that we process in connection with the Program. We are required to provide you and your Friends with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice. It is important that you read that information.
9.2. The privacy of your Friends. Our Program has been designed with you in mind to make sure we can track your Referrals to calculate the monthly Rewards due to you. However, we must also protect the privacy of your Friends. Therefore, we will not grant you access to the personal data of any of your Friends who place an order for our Team RH Life Plan.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Our copyright. Copyright © 2016 - 2020 Team RH Fitness Limited.
10.2. Our trade marks. Team RH Fitness, Team RH Life Plan, our logos and our other trade marks are trade marks belonging to us or our licensors. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
10.3. Your rights are limited to use. All intellectual property rights in the Team RH Life Plan throughout the world belong to us. You have no intellectual property rights in, or to, the Team RH Life Plan other than the right to promote it in accordance with these Terms. Any goodwill derived from the use by you of our intellectual property rights will accrue to us. Your right to promote the Team RH Life Plan and share your coupon code will expire automatically on the termination of this contract.
11. OUR RESPONSIBILITY FOR LOSS SUFFERED BY YOU
11.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for any loss or damage that you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
11.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
11.3. We may discontinue the Program or our Team RH Life Plan at any time. We do not represent that the Program or our Team RH Life Plan will continue to be available indefinitely. We will not be responsible to you for any loss you may incur as a result of us discontinuing the Program or the Team RH Life Plan in accordance with clause 13.3 (We may discontinue the Program or our Team RH Life Plan).
11.4. We are not liable for business losses. Our Program is for private, non-commercial use. If you use our Program for any commercial purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.5. We are not responsible for events outside of our control. If our provision our compliance with our obligations under these Terms is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end your contract with us.
12. YOUR RIGHTS TO END THIS CONTRACT
12.1. You may end this contract if we break it. You may end this contract at any time by contacting us if we break these Terms materially or repeatedly, and, if what we have done can be put right, we fail to put it right after you have notified us of that breach and given us a reasonable opportunity to do so. If you end this contract because we break it, you may be entitled to compensation for the loss you incur as a result of us breaking this contract.
12.2. Ending the contract when we are not at fault. Even if we are not at fault, you may still end the contract with us at any time, by letting us know using any of the contact methods in clause 1.2. The contract will end immediately when we receive your notice.
13. OUR RIGHTS TO SUSPEND OR END THIS CONTRACT
13.1. When we may suspend this contract. We may suspend this contract if you breach these Terms, or if we reasonably suspect that you have breached these Terms in any way. We may:
(a) send you one or more formal warnings;
(b) suspend your Account;
(c) temporarily invalidate your Coupon Code;
(d) require you to take a remedial action (for example, unpublish or issue an apology in respect of a social media post that breaches any of your obligations in clause 6); and/or
(e) commence legal action against you, whether for breach of contract or otherwise.
13.2. We may end this contract if you break it. We may end this contract at any time by contacting you if you breach these Terms materially or repeatedly. If what you have done can be put right, we will let you know and give you a reasonable opportunity to do so. If we end this contract because you break it:
(a) it will end immediately;
(b) we will close your Account;
(c) you will not be eligible for any Rewards in respect of Referrals accepted by us after this contract is ended; and
(d) you may have to pay us compensation for the loss we incur as a result of your breaking the contract.
13.3. We may discontinue the Program or our Team RH Life Plan. We may write to you to let you know that we are going to discontinue the Program and/or our Team RH Life Plan, and end this contract. We will let you know at least 30 days before we end this contract, unless it is not possible (for example, because we have to discontinue operating this Program or our Team RH Life Plan for security or legal reasons).
14. CONSEQUENCES OF ENDING THIS CONTRACT
14.1. Consequences of ending this contract. When this contract ends for any reason, then, in addition to the consequences set out in the relevant provision of clause 2.6(e) (Changes to these Terms), clause 10.3 (Your rights are limited to use), clause 12 (Your rights to end this contract), or clause 13 (Our rights to suspend or end this contract) (as applicable):
(a) you must stop all activities authorised by these Terms, including your use of your Coupon Code; and
(b) save where this contract is ended in pursuant to clause 13.2 (We may end this contract if you break it), we will honour your Coupon Code when used by your Friends who become subscribers to our Team RH Life Plan within 30 days after this contract is ended by you or us, and you will receive Rewards in respect of those Referrals; and
(c) save where this contract is ended in pursuant to clause 13.2 (We may end this contract if you break it), we will close your Account within 30 days after the Rewards referred to in sub-clause (b) above have been paid to you.
15. OTHER IMPORTANT TERMS
15.1. We may transfer this contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
15.3. Nobody else has any rights under this contract. The contract formed under these Terms is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the permission of any other person in order to end the contract between you and us.
15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6. Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of contractual and non-contractual matters arising under or in connection with this contract in English courts, except that this provision will not have the effect of depriving you of the protection afforded to you by mandatory provisions of the applicable laws regulating the choice of the governing law and/or jurisdiction in consumer contracts. For example, if you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint for online resolution to the European Commission Online Dispute Resolution Platform.