Refer-a-Friend Program - Terms & Conditions

  1. Terms and Conditions

    1. Dialexy ("we" or "Dialexy") offers Customers the opportunity to refer friends to try Dialexy’s services (”Refer-a-Friend Program”, “Referral Program” or “Program”). A Customer is an individual that has purchased services from Dialexy in the past.
    2. These terms apply to individuals who are accessing or using the Program both as a referrer and a friend referred to the Dialexy Services.
    3. By participating in the Program, Customers agree to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorised to register as a Referrer (defined below) or participate in the Program in any manner. Customers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
    4. 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 the terms and conditions on the website at the time you enter into an agreement with us or use the Program will be the ones that apply. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use the Program you will be deemed to have accepted the new terms.

  2. The Program

    1. To participate, a Customer may visit our referral offer web page. The Customer may then follow the on-screen instructions to register to the Program, enabling them to refer friends, family members or colleagues.
    2. The methods by which Customers may make a Referral and through which Referred Friends can access relevant discounts or rewards may include:
      1. sharing a Personal Link or Code via email;
      2. sending a Tweet containing a unique referral link ("Personal Link") or referral code (”Personal Code”);
      3. sharing a Personal Link or Code in a Facebook message;
      4. posting the Personal Link or Code on Facebook;
      5. posting the Personal Link or Code on online communities such as Facebook Groups, Forums, Blogs, etc., as long as those communities allow such content, and the content is relevant and solicited.
    3. The methods by which Customers may refer Friends may be modified at the absolute discretion of Dialexy.

  3. Referrals and Rewards

    1. A Customer must register to the program to make a referral.
    2. Customers will receive credit toward their account for each Referred Friend that purchases Dialexy Services as a result of a Referral ("Reward"), subject always to these terms and conditions.
    3. Customers will be provided with a unique and personal "Rewards Dashboard" page or account to view their Referrals and any Rewards to which they are entitled.
    4. For a Customer to qualify for a Reward the Referred Friend must:
      1. not be a current customer and has never been a customer of DIALEXY under any email address or alias;
      2. have purchased goods or services from DIALEXY having accessed the Program through the relevant Referral method (be it by way of a Personal Link or Code or by the Referred Friend entering the Referral Code when directed to on the DIALEXY website);
      3. comply with any other criteria notified to the Customer and Referred Friend by DIALEXY.
    5. A Customer will not be entitled to more than one Reward in respect of each individual Referred Friend referred to the Program and that meets the relevant requirements as set out in clause [3.4] above.
    6. Subsequent purchases of Dialexy goods and services made by a Referred Friend in addition to and outside the original purchase made through the Program will not entitle the Customer to any further Reward.
    7. The particular Reward to which a Customer is entitled will be that Reward advertised on Dialexy website at the time the Customer registers or renews their registration for the Program. Please note that Rewards may change from time to time and different Customers may be entitled to different Rewards.
    8. Rewards may be a discount on a future purchase, a voucher, a cash rebate or such other benefit as we determine. DIALEXY shall be responsible for ensuring that the Reward is honoured.
    9. Every Reward advertised on the DIALEXY website will be subject to these Terms. In addition, the Reward will be subject to any specific or bespoke terms notified to you at the time you register for the Program.
    10. A limit may be placed on the total number of Rewards or number of Rewards over a given time period to which a Customer is entitled in respect of a Program. The Customer will be notified of such limits or restrictions at the time they register for the Program. For the avoidance of doubt, any Referred Friends referred to the Program who purchase Dialexy services and otherwise meet the relevant requirements may in such circumstances not result in a Customer receiving a Reward.
    11. A Referred Friend who meets the relevant requirements and results in the Customer being entitled to a Reward may themselves be entitled to a reward ("Friend Reward"). The Friend Reward will be advertised on Dialexy website at the time the Customer registers for the Program. A Referred Friend will not receive more than one Friend Reward.
    12. If the Referred Friend's purchase of Dialexy services is subsequently cancelled, this will result in the Friend Reward and the Reward being also cancelled. If a Referrer generates three of more orders from their Referred Friends in which a refund is claimed, the Referrer will become ineligible to further participate in the program.
    13. Referred Friends may be subject to verification and DIALEXY may delay issuing a Reward (or a Friend Reward) for the purposes of investigation. DIALEXY may also refuse to verify and process any transaction DIALEXY deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on DIALEXY, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
    14. Any decision by DIALEXY in respect of whether or not a Referred Friend has been successfully verified and a Customer is entitled to a Reward shall be final and binding.
    15. Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Customer's DIALEXY account for any reason, any unredeemed Rewards accumulated by the Customer are forfeited.

  4. Your further obligations

    1. You must:
      1. observe and act in accordance with these terms and our general Terms of Service;
      2. not redeem the Reward or deal with DIALEXY in any way which could be deemed to be harmful to the business or reputation of DIALEXY;
      3. not attempt to market, reproduce, sell or re-sell the Reward to any third party whatsoever;
      4. provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
      5. use the website in accordance with these Terms and not in any way which may affect the reputation of DIALEXY or the use and enjoyment of the website or our Services by any other users or third parties;
      6. inform us as soon as it is practicable if you become aware that someone has tried to access your account without your permission or attempted to obtain Rewards using your personal details.
    2. You warrant that:
      1. you have the power and authority to enter into this agreement; and
      2. you are at least 18 years of age.

  5. Personal Links and Codes

    1. If a Customer provides a Personal Link or Code to a Referred Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.
    2. DIALEXY does not require for email addresses or names of Referred Friends to be submitted to DIALEXY; however, where a Customer shares any such detail of Referred Friends with DIALEXY, the Referrer represents that they have their prior consent.
    3. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link or Code in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Dialexy’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's account and deactivation of the Personal Link or Code.
    4. We have a zero tolerance spam policy.
      DIALEXY has no obligation to monitor the content shared by Customers; however, DIALEXY may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
    5. Each Customer is the actual sender of the emails and must comply with applicable law. A Customer who does not comply with the law, including anti-spam laws, shall indemnify DIALEXY against any liabilities, costs and expenses it incurs as a result of such spam.

  6. Termination and suspension

    1. We may suspend your account at any time should you be in breach of these terms and conditions or our general Terms of Service.
    2. If we suspend your account or access to the website for any reason, we may refuse to provide you with any services or the right to receive any Rewards. If you attempt to circumvent this clause by attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.
    3. We may terminate this Agreement and your Account at any time if:
      1. you are in breach of the terms of this Agreement;
      2. we suspect that you are about to commit a breach of this Agreement.
    4. Upon termination you will no longer be able to use our services or access Rewards. If when we terminate this agreement you are still in possession of any Rewards which you have yet to redeem, we reserve the right to suspend your ability to redeem such Rewards.
    5. Any termination of this agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after termination.

  7. Your liability and indemnity

    1. You agree to indemnify us for any 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:
      1. your breach of the terms of this Agreement; or
      2. your breach of the terms of a Reward or Dialexy terms and conditions; or
      3. your actions in relation to Dialexy services or the website.

  8. Our liability

    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 any services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.
    2. Our liability to you for all losses under this Agreement is limited to the greater of (i) the equivalent monetary value of Rewards received by you under this Agreement and (ii) £100.
    3. No claim may be brought against us in relation to this Agreement more than 12 months following the date on which you last received a Reward.
    4. 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 facilitating you receiving Rewards and responsibility for redeeming Rewards.

  9. Intellectual property

    1. The content of the website is protected by copyright, trade marks, database right and other intellectual property rights ("IP Rights") and all such IP Rights are owned by DIALEXY or are properly licensed to us by our licensors. The IP Rights in the website shall remain the property of us or our licensors.
    2. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our written permission.
    3. 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.

  10. General

    1. Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
    2. By entering into this Agreement you also agree to our Privacy Policy.
    3. Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post or email to the address of the relevant party shown on at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.
    4. No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
    5. We will be entitled to assign or sub-contract our obligations under this Agreement.
    6. Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible.
    7. Each party acknowledges that the Agreement, including the Privacy Policy, contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it. In particular, it is agreed that any terms and conditions or other contractual documentation maintained by you or your affiliates or which you purport to apply to the subject matter of the Agreement will not apply.
    8. If any provision of this Agreement 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 this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
    9. No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
    10. This Agreement shall be governed by Scots Law in every particular including formation and interpretation and shall be deemed to have been made in Scotland (UK).