These terms and conditions (the “Terms”) apply to the referral scheme (the “Referral Scheme”) operated by SailingClubManager Limited (“SailingClubManager”) for Subscribers, allowing them to earn discounts on their SailingClubManager subscription cost.
1. Subscribers - For the purposes of these Terms, “Subscribers” are customers of SailingClubManager who pay full subscriptions for the SailingClubManager service either monthly or annually directly to SailingClubManager and who are not on any free trial or otherwise discounted subscription, and excluding always any customers accessing SailingClubManager via an intermediary and/or paying for the SailingClubManager service to a third party (e.g. a reseller). If you are in doubt as to whether you constitute a ‘Subscriber’ then please contact us. Subscribers shall be either an “Existing Subscriber” being a Subscriber who makes a referral under this Referral Scheme, or a "New Subscriber" being a new customer that is referred to SailingClubManager by an Existing Subscriber under this Referral Scheme and who legally commits to a subscription to the SailingClubManager service. To clarify, in order to be a New Subscriber, a party must not be an existing customer of SailingClubManager (for any product or services), whether directly or indirectly, and ignoring any change in a party's legal form from time to time. Subscribers are deemed to be bound by these Terms: (i) in the case of an Existing Subscriber making a referral, when they provide a Referral Code to a potential New Subscriber; and (ii) in the case of a New Subscriber, when they enter a Referral Code in the SailingClubManager sign up process.
2. Eligibility - In order to qualify for discount(s) under the Referral Scheme, an Existing Subscriber must refer a New Subscriber in accordance with these Terms. Existing Subscribers may refer more than one New Subscriber, and once a New Subscriber has legally committed to a subscription to the SailingClubManager service, they may then in turn become an Existing Subscriber (by referring further New Subscribers). For the avoidance of doubt, the Referral Scheme shall apply to the current SailingClubManager service. In the event that SailingClubManager offers any revised, enhanced or different service (a ‘new service’), then it shall be at SailingClubManager's option whether or not it extends the Referral Scheme to any new service.
3. Distribution of Referral Codes & URLs - SailingClubManager may from time to time make available to Existing Subscribers a code (“Referral Code”) and a URL (“Referral URL”). Such Referral Codes shall be unique to each Existing Subscriber. Existing Subscribers may pass the Referral Code and Referral URL to potential New Subscribers. Each Referral Code may be used by more than one New Subscriber. Existing Subscribers shall not distribute any Referral Code or Referral URL: (i) in exchange for any payment or other benefit from a third party; (ii) in any publication for which they have been paid by a third party (e.g. a sponsored blog post); (iii) in any manner which has the aim or effect of damaging the business or reputation of SailingClubManager or any of its commercial partners; or (iv) on any discount code website, voucher website or any similar service. SailingClubManager permits Subscribers to share Referral Codes on their owned websites, social media and in relevant forums and communities, and to refer to SailingClubManager in doing so. Subscribers are not permitted to: (a) undertake any paid advertising to promote their Referral Code; (b) create any website using ‘SailingClubManager’ or any similar term in the domain to promote their Referral Code; nor (c) purchase any advertising keywords for any internet search engine (e.g. Google Adwords) using ‘SailingClubManager’ or any similar term. Existing Subscribers agree to provide details to SailingClubManager on request as to how they have distributed Referral Codes and/or Referral URLs.
4. Using a Referral Code – Potential New Subscribers can enter a Referral Code by accessing the website via the Referral URL, or alternatively by informing SailingClubManager by email or telephone after the New Subscriber has completed the standard SailingClubManager sign up process. The Referral Scheme is only available to New Subscribers at the time of signing up for the SailingClubManager service and referral discounts will not be applied to any Subscribers retrospectively once a paying subscription has commenced. Where a valid Referral Code is entered and the Terms are complied with, SailingClubManager will apply the discounts detailed below. Referral Codes are provided by SailingClubManager in good faith, and Subscribers shall also act in good faith in relation to them. Each Referral Code shall be subject always to SailingClubManager's discretionary right to invalidate it without notice (acting reasonably).
5. Discounts – When each New Subscriber signs up to the SailingClubManager service using a valid Referral Code, SailingClubManager shall apply the following discounts:
a. New Subscribers paying monthly shall be entitled to a ten per cent (10%) discount on their standard monthly subscription charge with effect from their first payment date, provided that they apply the Referral Code before that date. Such a ten per cent (10%) discount shall continue to apply insofar as their referring Existing Subscriber consistently remains an active customer of SailingClubManager (assessed each month on the New Subscriber’s payment date);
b. New Subscribers paying annually shall be entitled to a ten per cent (10%) discount on their standard annual subscription charge with effect from their first payment date, provided that they apply the Referral Code before that date. Such a ten per cent (10%) discount shall continue to apply insofar as their referring Existing Subscriber consistently remains an active customer of SailingClubManager (assessed each year on the New Subscriber’s payment date);
c. Existing Subscribers paying monthly shall be entitled to a discount on their standard monthly subscription charge of ten per cent (10%) of the New Subscriber’s monthly subscription charge with effect from their next payment date after the relevant referred New Subscriber makes their first payment (whether monthly or annual). Such a discount shall continue to apply insofar as the referred New Subscriber consistently remains an active customer of SailingClubManager (assessed each month on the Existing Subscriber’s payment date); and
d. Existing Subscribers paying annually shall be entitled to a discount on their standard annual subscription charge of ten per cent (10%) of the New Subscriber’s annual subscription charge with effect their next payment date after the relevant referred New Subscriber makes their first payment (whether monthly or annual). Such a discount shall continue to apply insofar as the referred New Subscriber consistently remains an active customer of SailingClubManager (assessed each year on the Existing Subscriber’s payment date).
6. Discount Conditions – Where any discount is only effective after a set period (e.g. an Existing Subscriber's discount is only effective after a New Subscriber has made their first payment), it shall not be applied retrospectively for that period. New Subscribers are only entitled to one discount for using a Referral Code, but may then themselves pass Referral Codes to third parties, and then earn discount(s) acting as an Existing Subscriber. Where a New Subscriber is otherwise entitled to another discount other than under the Referral Scheme (for example, a partner discount, charity discount or a discretionary discount), only one discount may be used. Nevertheless an Existing Subscriber that benefits from another discount (e.g. a charity discount) may provide Referral Codes to third parties and if they become New Subscribers, then the Existing Subscriber shall receive a discount on the standard undiscounted cost of their subscription. Discounts shall not accrue to any Existing Subscriber nor any New Subscriber whom they refer: (i) in any period where either of them is on a free trial; (ii) once either of them ceases to be an active customer of SailingClubManager, or otherwise no longer qualifies as a Subscriber or breaches the Terms. If either the Existing Subscriber or New Subscriber no longer has an active SailingClubManager account the discount will no longer be applied to the remaining active Subscriber. In the case where a remaining active Subscriber is receiving any other discounts from other referral activity, such other discounts will not be affected. No cash or other alternatives shall be offered in place of any discounts.
7. Multiple Referrals - Where an Existing Subscriber (whether paying annually or monthly) successfully refers more than one New Subscriber, the discounts shall apply cumulatively until there is a sufficient number of current referrals earning discounts to make the Existing Subscriber's subscription free. For the avoidance of doubt, once the Existing Subscriber's subscription is free, they shall receive no further benefit under the Referral Scheme even if they make further referrals. Existing Subscribers who make over 10 successful referrals may be eligible to join SailingClubManager’s evangelist scheme and should contact support@SailingClubManager.com.
8. Disclaimer – SailingClubManager provides the Referral Scheme on a temporary basis in good faith and at its sole discretion. Subscribers shall utilise the Referral Scheme in good faith, and acknowledge that insofar as permitted in law, SailingClubManager shall not have any liability in connection with the Referral Scheme. SailingClubManager’s decisions as to the validity of any Referral Code and as to any party's entitlement to any discount under this Referral Scheme shall be final and binding. SailingClubManager has the right to amend these Terms without notice, and shall post amended Terms on its website. Notwithstanding any provision of these Terms, SailingClubManager retains the right at any time without reason, at SailingClubManager’s sole direction, to: (i) amend, withdraw and/or suspend the Referral Scheme (in whole or in part); and/or (ii) exclude any particular Subscriber(s) from the Referral Scheme. Should SailingClubManager decide to materially amend the Referral Scheme, or to withdraw or suspend it (in whole or in part), SailingClubManager shall provide Subscribers with at least three (3) months’ notice by email, unless such amendment, withdrawal or suspension is due to breach of these Terms or any other contract SailingClubManager has with the Subscriber, in which case SailingClubManager may cease that Subscriber’s rights under the Referral Scheme immediately without notice. SailingClubManager does not guarantee the availability or continuation of the Referral Scheme for any period. Additionally, where a Subscriber has breached these Terms or any other terms and conditions applying to use of the SailingClubManager services, SailingClubManager retains the right to reclaim the value of any discounts granted to such Subscriber.
9. Transfer - Referral discounts may be assigned from one Subscriber to another where the change in Subscriber details is required only to reflect a change in the legal form of a Subscriber.
10. Relationship of the Parties – Subscribers shall not use the name, branding or trade marks of SailingClubManager: (i) in any way which suggests any relationship of agency, partnership or any similar affiliation between the Subscriber and SailingClubManager; (ii) in any other manner which may damage the reputation, goodwill or business of SailingClubManager; or (iii) for any purpose not expressly permitted by these Terms. For the avoidance of doubt, the foregoing shall not extend to any use for which SailingClubManager has granted permission (e.g. by providing Subscribers with SailingClubManager branded email or website banners)
1.1. General – A failure or delay by SailingClubManager to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms. These Terms and any dispute arising from them shall be governed by English law, and SailingClubManager and Subscribers hereby agree to the exclusive jurisdiction of the English courts.
Last updated 09:53 on 2 May 2019