Casper Referral Programme Terms
Current Policy: 29 July 2016
These Casper Sleep Referral Programme Terms apply to the customer referral programme ("Programme") operated, from time to time, by Casper Sleep (UK) Limited, trading as Casper Sleep (“Casper”, “we”, or “us”). We are a limited company, incorporated in England. Our registered number is 10105739, and our registered office is at 5 New Street Square, London EC4A 3TW.
If you have any questions about the Terms, please contact us at email@example.com.
The purpose of the Programme is to encourage you to refer friends, family members or colleagues whom you think may be interested in Casper's products to us (as explained in section 2). For qualifying referrals, you may earn a reward from Casper (as explained in section 3).
We may change, suspend or discontinue any aspect of the Programme at any time, without notice or liability. This will not affect any rights or liabilities either you or we already have by the time the change, suspension or discontinuance (as the case may be) takes effect. In particular, it will not affect the expiry date of any Referral Link (as defined in section 2) that has already been provided, nor your entitlement to any Reward (as defined in section 3) that you may already have earned, in accordance with these Terms.
In participating in the Programme, as well as submitting your own personal information, you will also provide to us the contact details of someone who is known to you who may find our products to be of interest. We will only use those contact details for the purpose of providing the Programme (and not for general marketing purposes). By providing us with their details, you confirm that you have permission to do so and must not provide us with the details of anyone from whom you do not have such permission. We reserve the right to identify you as the person who has made the referral in the message that is sent to them. The contact details you provide to us will be processed in accordance with our Privacy & Cookies Policy.
1. Accounts, Registrations and Passwords
To participate in the Programme, you will need to visit https://www.casper.com/uk/en/friends or http://casper.co.uk/friends on the Site and create an account by providing an e-mail address and password and certain other personal information and following the on-screen instructions, in order to register as a referrer ("Referrer").
To register as a Referrer, you must satisfy the following minimum eligibility criteria:
- You must be at least 18 years of age;
- You must be a legal resident of the United Kingdom;
- You must be able to participate in the Programme without breaching any legal duty owed to a third party, such as a contractual duty to your employer or an exclusivity obligation; and
- You must not be an employee of Casper or any of the companies in our corporate group, or of any of our or their respective promotional agencies, or an immediate family member of any such employee, or live in the same household as any such employee.
It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.
To become a Referrer, it is not necessary for you to place an order or make any purchase from Casper.
We are not obliged to accept your registration as a Referrer, even if you satisfy the eligibility criteria set out above, but we will notify you as soon as reasonably possible if we do not accept your registration.
If you create a Referrer account, you confirm that the information you provide to Casper upon creating an account and at all other times will be true, accurate, current and complete. You may only register once and must not attempt to create more than one Referrer account. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site via your account and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information of which you become aware or suspect. If you have any reason to believe that your Referrer account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Casper by e-mail to firstname.lastname@example.org.
We reserve the right to terminate or suspend your Referrer account and your continued participation in the Programme at any time, without notice or liability. This will not affect any rights or liabilities either you or we already have by the time termination takes effect. In particular, it will not affect the expiry date of any Referral Link (as defined in section 2) that has already been provided, nor your entitlement to any Reward (as defined in section 3) that you may already have earned, in accordance with these Terms, except that if we terminate or suspend your account because you have breached any of these Terms then any Reward that has not yet been issued to you will not be issued.
You may terminate your Referrer account at any time but you must notify us if you wish to do so by e-mail to email@example.com.
2. Making Referrals
Once you have registered as a Referrer and your account has been opened, you will then be able to start referring friends, family members or colleagues whom you think may be interested in Casper's products (each a "Referred Customer") to us. You do this by entering his/her name and e-mail address in the fields made available at http://casper.co.uk/friends. Each Referred Customer you refer to us must be a real individual (not a fake identity), personally known to you, and his/her e-mail address must be valid (not a fake address). You must not refer the same Referred Customer more than once (using more than one e-mail address). You cannot refer yourself.
Once you have entered the details of a Referred Customer, we will then generate a unique referral hyperlink that, if clicked, will relay the user to the Site ("Referral Link"). Each Referral Link will be valid for a period of one year from the date generated, unless revoked or banned by us, in the circumstances set out below in this section (because of any breach of the restrictions set out below).
We offer you the ability at http://casper.co.uk/friends to personalise the name of any Referral Link ("Personalised Referral Link"). A Personalised Referral Link may be of any reasonable length and include any combination of words and/or numbers of your choosing (provided no other Referrer is already using the same combination of words and/or numbers). You are solely responsible for ensuring that each Personalised Referral Link you create is correctly formatted and spelled.
Referral Links can either be shared via email or posted by you, using the functionality made available at http://casper.co.uk/friends, to your Facebook or Twitter account ("Referral Communications"). You must not post any Referral Link (or permit anyone to do so on your behalf) on any website or app operated by Casper or any of the companies in our corporate group or by any third party, including, without limitation, any social networking site or app (e.g. Facebook, Twitter, Pinterest), except using the functionality made available at http://casper.co.uk/friends.
Under no circumstances may you transfer or sell any Referral Link for another Referrer to use instead of you.
You must ensure that Referral Communications and Personalised Referral Links do not:
- imply that any discount or saving is on offer (e.g. "50DollarsOff", "MattressDiscount", "50Off", etc);
- give or amount to any endorsement of Casper or any of its products; use a third party's trade mark, copyright or other intellectual property or proprietary right, or the name of another individual;
- contain anything that is or could be interpreted to be defamatory, inaccurate, misleading, in breach of applicable law or regulation or otherwise unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Casper in its sole discretion;
- mislead anyone as to the identity of the originator or sender of the Referral Communication; or
- introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
We reserve the right to revoke, ban or amend any Referral Link that is used in a Referral Communication in breach of any of the above restrictions and/or terminate or suspend your Referrer account and your continued participation in the Programme.
You confirm that, in making referrals and in your participation in the Programme generally, you will comply with all applicable laws and regulations.
3. Earning Rewards
We offer you the ability to earn a reward (as described below) on the first occasion that each of your Referred Customers (up to a total of five Referred Customers or such higher limit as we may, from time to time, set) makes an eligible purchase from us, in accordance with the following rules ("Qualified Referrals"):
- the Referred Customer purchase one or more Casper mattresses from the Site and must have arrived at the Site when he/she makes that purchase having clicked on your Referral Link. If, when a Referred Customer registers on the Site as a customer or makes a purchase from the Site having followed another hyperlink or any other route (including an internet search engine), this will not count as a Qualified Referral;
- the Referred Customer must not have previously registered on the Site as a customer (including under a different name or e-mail address); and
- the Referred Customer must be at least 18 years of age and a legal resident of the United Kingdom.
We reserve the right to verify whether each Referred Customer meets the requirements of a Qualified Referral set out above and to disqualify any Referred Customer that does not meet those requirements.
For each Qualified Referral, you will earn a financial reward to the value of £50 (GBP) ("Reward") which will be provided in the form of a gift voucher or gift card from Amazon.co.uk which you may redeem against the cost of eligible purchases from that retailer.
The maximum total value of Rewards (in any form) you may earn in any rolling period of 12-months is limited, in aggregate, to £250 (GBP), or such higher limit as we may, from time to time, set.
Any Reward earned will be issued to you within seven days of the Qualified Referral to which such Reward is attributable.
Amazon gift vouchers and gift cards are subject to Amazon's own terms and conditions. Please note that Amazon is not a promoter or sponsor of the Programme or responsible for it in any way.
Rewards cannot be redeemed for cash, and no cash alternative is available. They are not transferable and may not be auctioned, traded, bartered or sold.
4. Our Liability
Nothing in these Terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from or in connection with the Programme (including your participation or inability to participate in it) shall not exceed £250 (GBP) and is strictly limited to losses that were reasonably foreseeable.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.
5. Electronic Communication
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
6. Amendments to these Terms
From time to time we review and may amend these Terms. You will know if these Terms have been revised since your last visit to the Site by referring to the “Effective Date of Current Policy” date at the top of this page. Your participation in the Programme constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of their terms. No change to these Terms will affect any rights or liabilities either you or we already have by the time the change takes effect. In particular, it will not affect the expiry date of any Referral Link that has already been provided, nor your entitlement to any Reward that you may already have earned, in accordance with these Terms.
These Terms may not be varied except with our express written consent.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by you shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
9. Entire Agreement
These Terms and any document expressly referred to in them constitute the entire agreement between you and Casper with respect to the Programme. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
We are required by law to advise you these Terms may be entered into in the English language only and that no public filing requirements apply.
A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.
10. Dispute Resolution
These Terms are governed by English law. You agree that any dispute between you and us regarding them or the Programme will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.
We are not responsible for any disputes or disagreements between you and any third party (including any Referred Customer) you interact with in connection with your participation in the Programme. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You also agree not to involve us in such disputes.
11. Contacting Us
Please contact us with any questions you have about these Terms or the Programme using the contact details on the Site.
Any complaint should be sent by e-mail to firstname.lastname@example.org.