Wombat Invest Limited (referred herein as “we”, “Wombat Invest” or “Company”) is offering you the opportunity to refer friends via a Referral Program (“Program”) offered on the website located at [https://wombatinvest.com] and the Wombat app available on both Android and iOS (the “Site”). Headings are included for ease of reference only and shall not affect the interpretation of these Terms and Conditions. In these terms, the singular shall include the plural and vice versa and references to any gender shall include references to other genders. In the event of any conflict between these terms and the terms of the Wombat Invest Service to which you have agreed as a user of the Service, the latter shall take precedence.
- Binding Agreement.
By using the Site or participating in the Program via the app, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of the Company's decisions are final and binding.
- How the Program Works.
You must be a legal resident of the United Kingdom and at least 18 years old to use the Wombat app. To participate in the Program you must visit the site or app and follow the on-screen instructions to refer friends, family members or colleagues (“Friends”). Distribution of codes online or via other means to strangers for the purposes of collecting rewards, without the intent of either party to test and use the platform in good faith, is prohibited. Once an individual makes a referral, he/she becomes a “Referrer” and will be provided with a unique referral code (“Personal Code”) that allows them to receive the benefit or reward advertised on the Sites/App. The program is limited to 3 referrals per account. Referrers must be a new user in order to receive a referral reward. Referred Friends must complete the referral as described in the referral message before the benefit or reward will be sent by us to the Referrer. Friends may subsequently become Referrers, but may not refer the original Referrer in accordance with Clause 5 below. If it is determined that a referral was made and the referral conditions were completed with the sole purpose of obtaining the referral reward, without intent to trial or use the platform beyond claiming compensation, the referral reward may be withheld for both the referrer and referee, and both accounts (and any other accounts found to be connected to this activity, without proof of legitimate use of the platform), may be terminated at Wombat’s sole discretion.
- The Program
The Program is not an activity that is regulated by the Financial Conduct Authority. You may not be able to refer any complaint regarding the performance of the Program to the Financial Ombudsman Service. In the first instance you should refer any concerns with the operation of the Program to us at the details given on the Site.
Referrers must be a new user opening their first investment account with Wombat in order to receive a referral reward. Referred Friends must complete the referral as described in the referral message before the benefit or reward will be sent by us to the Referrer. Referrals are limited to 3 per user. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as Friends of other Referrers. Referrers who are not affiliates may not share their referral code online via social media, or code-sharing platforms/sites, or any other platform, for the purposes of mass distribution. Referrals are limited to friends and family only. Should this be found to be violated, the Referrer’s account will be terminated and rewards may be revoked. No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit or intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. If it is determined that a referral was made and the referral conditions were completed with the sole purpose of obtaining the referral reward, without intent to trial or use the platform beyond claiming compensation, the referral reward may be withheld for both the referrer and referee.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING LEGAL FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
By making a valid referral, you will receive a cash payment of £10.00 into your Wombat cash account within 14 days (“Referrer Reward”) and your Friend will receive £10.00 into their Wombat account within 7 days after creating their investment account (“Friends Reward”). Each Reward must be invested at least once in the respective Wombat account and can not be subsequently withdrawn for a period of 90 days from receipt of the Reward. Rewards are capable of being invested from the date of payment. Rewards are subject to verification. The Company may delay payment of a reward for the purposes of investigation but payment of Rewards shall not be unreasonably withheld. The Company may also refuse to verify and process any transaction for any reason made with a Reward. It’s in The Company’s full discretion to withdraw, remove or vary the referral reward at any time for any customer.
Unless otherwise stated, Rewards are not transferable and may not be auctioned, traded, bartered, or sold.
By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, as the provider of the reward service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, lawyers and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any Reward in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any regulator, governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control.
YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED £100.
- Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS; (C) THE RELEASED PARTIES ACCEPT NO RESPONSIBILITY FOR ANY LOSSES INCURRED AS A RESULT OF INVESTING REWARDS; AND (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- Bulk Distribution and Spam.
Each Referrer is the actual sender of the emails under the Program and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. The Company and its Principal have no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including the laws regarding the sending of unsolicited emails (referred to as “Spam”), are obligated to indemnify Wombat Invest Limited against any liabilities, costs and expenses it incurs as a results of such unsolicited email.
- Sign-In Credentials.
Users are responsible for maintaining the confidentiality of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they suspect unauthorised access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorised use of their credentials.
- Right to Cancel, Modify or Terminate.
We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if they do not comply with any of these Terms.