PLEASE READ THESE REFERRAL TERMS CAREFULLY
This “Agreement” (these referral terms on this page together with the documents referred to in it) sets out the terms which govern our referral programme (“Referral Programme”). Please read this Agreement carefully before you use our Referral Programme. By using our Referral Programme, you confirm that you accept this Agreement and that you agree to comply with it. If you do not agree to the terms of this Agreement, you must not use our Referral Programme. This Agreement applies whether you are an existing Marshmallow customer (“Member”) or a person that is introduced by a Member to purchase a Marshmallow insurance policy (“Friend”).
1.1. Subject to your compliance with the terms of this Agreement, Marshmallow shall send you and your friend a reward as specified on the page How do I invite friends? (“Referral Reward”). The page specifies rules including how many friends you need to invite, the amount of the Referral Reward you will be entitled to and the conditions attached to the Referral Programme.
1.2. You may use the Referral Programme by sharing a link that is unique to each Member, is sent from us and directs to a page (“Referral Link”) where one can purchase a Marshmallow insurance policy and allows Marshmallow (“us”, “our”) to link the referring Member to the policy purchased.
1.3. If you are a Member, provided that you meet the requirements (as in force at that time) more than once, you are entitled to an amount of Referral Reward each time you meet such requirements, subject to the limit set out on the page about How do I invite friends?. We may disallow you from using the Referral Link to introduce new Friends and earn rewards from those introductions if you cease to be our customer or all of your policies have been cancelled (whether they were cancelled by us or by yourself).
For each Friend who has used the Referral Link that we sent a Member to purchase a Marshmallow policy and meet the following criteria, we will send each of the referring Member and the Friend Referral Reward as specified in How do I invite friends? if:
We will not send out any reward to the Member or the Friend if:
A Member will lose all their Referral Reward that we have not sent them if their policy has been cancelled at the moment when they meet all the requirements for the Referral Reward.
We will send the Referral Reward within one month after all the requirements for the Referral Reward are met.
3.1. You may only use our Referral Programme in good faith for lawful purposes. You may not:
(a) create more than one account in order to invite yourself;
(b) invite others that have purchased duplicate policies;
(c) use alternative contact information to refer yourself or others that have purchased duplicate policies;
(d) invite an existing customer of Marshmallow;
(e) invite fictitious persons;
(f) do anything that damages Marshmallow’s brand, goodwill or reputation;
(g) use the Referral Programme in: (i) any way that breaches any applicable local, national or international law or regulation; or (ii) any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(h) to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(i) to transmit any unsolicited or unauthorised advertising either via paid search or any other similar activity, including channels that can damage the Marshmallow brand, goodwill or reputation.
3.2. Any obligation on you not to do something includes an obligation not to allow that thing to be done.
4.1. Marshmallow may require identification documents from you prior to sending you any reward related to a referral.
4.2. Marshmallow shall not be in breach of this Agreement (nor have any obligation to pay you any reward related to a referral) if you do not (in Marshmallow’s sole and absolute discretion) provide the identification documents requested by Marshmallow.
You represent and warrant to us that you have obtained the express consent from the individuals whose data you provide us with.
6.1. Marshmallow has the right to refuse to pay you the Referral Reward if (in its sole and absolute discretion) Marshmallow suspects that you have not used the Referral Programme in good faith or have breached this Agreement.
6.2. We will determine, in our sole and absolute discretion, whether there has been a breach of this Agreement. When a breach of this Agreement has occurred, Marshmallow may take such action as we deem appropriate, including (but not limited to) termination of this Agreement, cancelling your insurance policy or policies, cancelling third party insurance policy or policies and suspending the Referral Programme.
Marshmallow accepts no liability for any use of the Referral Programme which does not comply with this Agreement.
We may revise this Agreement at any time by amending this page. Continued use of the Referral Programme shall amount to acceptance of the Agreement in force at that time.
Marshmallow reserves the right to:
(a) amend, alter or change the Referral Programme at any time, without notice; and
(b) terminate the Referral Programme at any time, without notice. In the event the Referral Programme is terminated, Marshmallow will not be obliged to give any persons Referral Reward that would have otherwise qualified for it.
10.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
10.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
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