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Community Referrals - Terms and Conditions
1. The Terms govern your participation in the Scheme operated by McCarthy & Stone Retirement Lifestyles Limited, and its group companies (McCarthy & Stone/we/us/our). By participating in the Scheme, you agree to comply with the Terms in their entirety. If you do not agree to the Terms, you must not participate in the Scheme.
2. A referral made by you under the Terms (a Referral) will only be deemed a qualifying referral where it satisfies the eligibility criteria set out below (a Qualifying Referral):
- 2.1 the individual(s) referred by you through the Scheme (Referee) reserves a new McCarthy & Stone property (to buy or to rent) within 90 days of the date of our receipt of the Referral and subsequently completes their purchase or rental as appropriate; and
- 2.2 the relevant purchase or rental by the Referee is not a resale or relet of a property; and
- 2.3 the Referee is not a former resident of, or someone who has previously enquired about a McCarthy & Stone development and given us their details before; and
- 2.4 at the time of the Referral, the Referee has not already been referred to us by anyone else.
3. For each Qualifying Referral you will earn £1,000 (Referral Fee), subject to any limitations set out in the Terms.
4. You can make up to 50 Referrals in any 30-day period. Referrals over this cap will not qualify for a Referral Fee.
5. All applicable taxes arising from the Referral Fee are your sole responsibility.
6. We reserve the right to claim back any Referral Fee if fraud or abuse is suspected or a Referral Fee is paid in error.
7. The Referral Fee will be paid by BACS which will be issued to you within 28 days of completion of the purchase or rental.
8. Referral Fees will not be applied retrospectively.
9. By providing us with your contact details you agree that we will use your data to administer the Scheme and that all notices will be issued to you at the address you provide. All notices to us should be addressed to the Legal Department, McCarthy & Stone, 4th Floor, 100 Holdenhurst Road, Bournemouth, Dorset BH8 8AQ.
10. Any personal data provided under this Scheme will be processed by us in accordance with our Privacy Policy, available at mccarthyandstone.co.uk/privacy-and-cookies
11. We, as the Data Controller (as defined in the General Data Protection Regulation as it forms part of the laws of the United Kingdom (UK GDPR), processes personal data (as defined in the UK GDPR) lawfully under the UK GDPR. Personal data may be used by us for:
- 11.1 administering the Scheme, including tracking and verifying Referrals;
- 11.2 communicating with you and Referees; and
- 11.3 complying with regulatory requirements.
12. You must:
- 12.1 obtain prior consent from Referees to submit their details to us ensuring full compliance with the UK GDPR and other applicable regulations. Such consent must be explicit and verifiable, such as written confirmation.
- 12.2 you must not misuse or share personal data obtained under the Scheme for any unauthorised purpose and you agree to indemnify us against any claims arising from non-compliance with this clause.
13. If you process personal data you shall only process that data for us for the purposes of the Scheme and as instructed by us. You shall not provide that data to any third party (except as required at law) and you shall use appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure.
14. You warrant that you are not in breach of any legislation, guidelines or regulations that apply to your business by accepting a Referral Fee and you agree to indemnify us for any losses, damages, costs or expenses we may suffer should you breach this clause.
15. Whilst you participate in the Scheme you will not act, or fail to act, in a manner that we consider brings our reputation into disrepute.
16. We reserve the right to amend, suspend, or terminate the Scheme at any time. Notice of material changes will be published on our website with at least 30 days’ prior notice where practicable. Referral Fees earned for Qualifying Referrals before such amendment, suspension or termination will be honoured, provided all qualifying criteria are met prior to termination.
17. We reserve the right to terminate your participation in the Scheme immediately if we consider you have breached, or are likely to breach, the Terms, or at any time on giving not less than 30 days prior written notice to you.
18. The Terms are governed by the laws of England and Wales and any disputes arising under the Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.