Article 1 – Preamble Drivy SAS (hereinafter the “Promoter”) whose head office is situated at 35 rue Greneta, 75002 Paris, France, proposes a referral program (hereinafter the “Referral Program”) through its online platform at www.drivy.be (hereinafter the “Platform”). The present provisions regulate the terms and conditions of the Referral Program (the “Referral T&Cs”). Participants will be deemed to have accepted these Referral T&Cs and agreed to be bound by them when entering the Referral Program.
Article 2 – Participation requirements The Referral Program is open to all Drivy renters: - who have rented at least 1 Open vehicle on the Drivy platform during the last 12 months prior to the launch of this Referral Program; and - who are residents of one of the following cities in Belgium: Brussels, Antwerp, Liège or Ghent. (hereinafter the “Referring Drivers”).
The Referring Drivers can refer to Drivy a new car owner (hereinafter “Referred Owner”) who respects the following conditions: - is a new owner on the Platform, i.e. who never registered a vehicle in his/her name on the Platform in the past; - will register his/her vehicle on the Platform and offer it for rental with the Drivy Open device; - and consequently, who own a vehicle which respects all obligations to be registered as an Open Drivy vehicle, and notably: has a mileometer indicating less than 100,000 km on the installation day of the Drivy Open device; is strictly less than 8 years old on the installation day of the Drivy Open device; is made available for rent on a freely accessible parking space for the renter; this excludes private parking lots with badge or key access. The vehicle of the Referred Owner will of course have to obtain from Drivy the installation of the Drivy Open device. Entire conditions for a car owner to benefit from the Drivy Open services are in Drivy’s Terms and Conditions of use here : https://www.drivy.be/terms (hereinafter the “ToS”).
Neither the Referring Driver nor the Referred Owner can be employees, intermediaries or agents of the Promoter. The Referring Driver and the Referred Owner are hereafter named “Participants”.
It is specified that the Referring Driver and the Referred Owner can be the same person. When using his referral code and registering his/her vehicle according to article 3.2 below, the Referring Driver will become the “Referred Owner”. The required conditions according to the present Terms and Conditions remain applicable and unchanged, except the conditions of article 3.3.
Article 3 – Referral Program’s modalities
3.1. Duration The Referral Program will begin on February 12, 2019 (hereinafter the “Start Date”) and will end on March 15, 2019 at midnight (hereinafter the “Term”).
3.2. Participation modalities Each Referring Driver will each receive from Drivy an email with a personal referral code; The Referring Driver will communicate his/her referral code to the Referred Owner who: Will have to register his/her vehicle on the Platform (hereafter referred to as “Listing” or “Car Listing”) with the indication he/she registers to install the Drivy Open device, and Will receive a call from Drivy’s customer support team to set a date for the installation of the Drivy Open device in the vehicle. During such call, the Referred Owner will have to communicate to his/her Drivy interlocutor the referral code in order to enter the Referral Program. These two actions must be made by the Referred Owner before the Term of the Referral Program.
3.3. Conditions for the Voucher attribution The Referred Owner must successfully complete 2 Drivy Open bookings: a “Completed” Drivy Open booking is a booking that is accepted by the Referred Owner and paid for by a renter and which is not cancelled by either the renter or the Referred Owner at any time before or after the scheduled check-in for such booking; those bookings must not be made twice to the same renter, and the renters must not have the same name and/or address than the Referred Owner’s. The Completed Drivy Open bookings must be made before September 15th, 2019, at midnight.
Provided all conditions set forth in the present Terms and Conditions are respected, and the 2 Completed Drivy Open bookings are made according to the conditions above: the Referring Driver will receive an Amazon gift voucher for a value of 400 euros; and the Referred Owner will receive an Amazon gift voucher for a value of 200 euros, (both referred to as “Vouchers”). The Vouchers will be sent respectively to the Referring Driver and the Referred Owner by XXX approximately within 4 to 6 weeks after the second Drivy Open bookings is Completed.
It is specified that if the Referring Driver and the Referred Owner are the same person, as set forth in 2 above, the Referring Driver will receive an Amazon Voucher for a value of 200 euros and no additional Voucher will be due to him as a Referred Owner.
The Referring Driver is allowed to refer up to three (3) Referred Owners between the Start Date and the Term. Provided those referrals meet all the conditions set forth in the present Terms and Conditions, the Referring Driver is entitled to receive up to three (3) Vouchers with the present Referral Program.
The Vouchers will have an expiration date determined by Amazon only, the Referring Driver and the Referred Owner will be sold responsible for using their Voucher before that expiration date. There is no cash alternative to the Voucher and unless agreed otherwise in writing, the Voucher is non-refundable and non-transferable. The Promoter reserves the right to substitute the Voucher for a prize of equivalent or greater monetary value if this is necessary for reasons beyond its control. The Promoter reserves the right to any remedy, including cancellation of the Referring Driver and/or the Referred Owner’s account on the Platform, if fraud, tampering or other violations of the present Terms and Conditions or Drivy's ToS are suspected.
The Promoter is entitled to reject from the Referral Program any Referring Driver or Referred Owner who would not respect any provision of the present Terms and Conditions or of the ToS. The Promoter’s decision is final and binding in all respects for all participants (i.e. Referring Drivers and Referred Owners) and for confirmation that all the eligibility criteria according to the present Terms and Conditions and the ToS are met.
Article 4 – Participant’s liability and warranties - Indemnities
4.1 The referral code sent by Drivy to the Referring Driver must be communicated only to nominative persons known to the the Referring Driver and which the latter believes can be a valid Referred Owner. The referral code must not be published or distributed through public means (such as coupon websites, Reddit, or Wikipedia) where there is no reasonable basis for believing that all or most of the recipients are personal friends. The Referring Drivers: agree and represent that they will use referral methods and techniques that people will appreciate, that will not damage the Promoter’s company image and that are legal; should only contact people who have given them their consent to be contacted; agree and represent that they will always be mindful to respect the privacy of others (i.e. not spam), be honest, open, and transparent about who they are and what they are offering (i.e. not mislead); will make sure to tell their friends and personal contacts who they invite to join Drivy to check the conditions to be a valid Referred Owner and the laws that may apply to them; will not set up accounts, create listings, or prepare listing content on behalf of Referred Owners. Referring Drivers who are in breach of the conditions above will not be eligible for the Vouchers, without prejudice to the Promoter’s right for compensation and damages. 4.2 The Participants represent and warrant that: (a) they have all necessary consents and permits to participate in this Referral Program, (b) they have no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would be in conflict or inconsistent with or that would hinder their performance of their obligations under these Terms and Conditions, (c) they will fully comply at all times with all applicable laws and they will not infringe on any third-party (including Drivy) rights. 4.3 The Participants will defend, indemnify and hold Drivy harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from the Participant’s negligence or intentional misconduct with respect to their participation in the Referral Program.
Article 5 - Promoter’s liability Except in the case of negligence or fraud and so far as is permitted by law, the Promoter and its affiliate companies exclude responsibility and all liabilities arising from any postponement, cancellation or delay of the Referral Program, or from changes to the prize details beyond the Promoters control and for any act or default of any third party supplier.
The Promoter will not be liable for any Voucher that does not reach the Referring Driver or the Referred Owner for reasons beyond the Promoters reasonable control.
The Promoter may refuse or disqualify any participation (including winning entries) if the participant or its proxy acts in a way towards the Promoter which the Promoter reasonably considers to be inappropriate, unlawful or offensive.
The Promoter reserves the right to withdraw or cancel the Referral Program at any stage, in the event of exceptional circumstances beyond the control of the Promoter. The Promoter reserves the right, at its sole discretion, to modify the Referral Program at any time by posting an update on its Platform. By continuing to recruit Referred Owners, the Referring Drivers agree that the Terms and Conditions are acceptable and binding on them. If the modified Terms and Conditions are not acceptable to the Participants, their only recourse is to terminate their Referral Program participation.
Article 7 - Taxes Tax regulations may require from persons receiving prizes such as Vouchers to declare their value to Tax Authorities. The Referring Drivers and Referred Owners are solely responsible for determining their applicable Tax reporting requirements. The Promoter cannot and does not offer Tax-related advice.
Article 8 – Jurisdiction and applicable law This Referral Program, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with French law. Participants irrevocably agree that the courts of France shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Referral Program.