Referral Campaign Zambia Terms & Conditions

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TERMS & CONDITIONS

The Referral Campaign (hereinafter referred to as the/this “Promotion”) is a promotional scheme developed by SPENN Zambia Limited (hereinafter referred to as “SPENN”) to grant SPENN consumer users and their relatives, friends, and acquaintances a chance to earn rewards by recommending SPENN to their friends. 

By participating in the Promotion all participants agree to have read and understood these Terms and Conditions and accept to be bound by them. SPENN reserves the right to decide upon any issue arising in the course of the Promotion and its decision shall be final and binding on all participants. 

Participation in the Promotion is open to all users of the SPENN Consumer App (hereinafter, the “SPENN App”) who operate through the said application. 

For each successful referral in the terms set out below, Referrer and Referee will be rewarded with ten kwacha (ZMW 10) each (the “Reward”). 

Thank you for trusting SPENN and participating in this Referral Campaign. 

  1. Timeline The Promotion lasts three (3) days, commencing on 5th February 2024 at 00:00h and finishing on 7th February 2024 at 23:59h, hereinafter referred to as “the Term”. 
  2. Execution of any action leading to the completion of all the requisites of eligibility to obtain the reward, made or omitted by either referrer or referee, before or after Term, will not be considered for the purpose of this Promotion. 
  3. SPENN reserves the right to alter the length and/or dates and time of the Term. 
    1. Participants The Promotion is open to all SPENN consumer users who agree to these Terms and Conditions together with the general Terms and Conditions that apply to the SPENN App. 
    1. Only fully validated SPENN users can be Referrers. 
    2. Only newly validated SPENN users who have never before signed up with SPENN can be Referees. 
    3. Any SPENN user who becomes disqualified to be a SPENN user or to be a participant in this Promotion shall be automatically excluded from participation therein without the right to make any claim against SPENN or any of its partners. 
    4. Legal entities, companies, businesses, and any other legal persons or individuals different from SPENN Consumer Users or whose relationship with SPENN is not that of a consumer user are not eligible to participate in this Promotion. 
    5. Directors, employees, affiliates, and representatives of SPENN are not eligible to participate in this Promotion. 
  1. Rules of the Promotion 

3.1 SPENN users eligible to participate in the Promotion will automatically have access through their SPENN App to a unique code or referral link to identify them as Referrers. This code can be shared with as many people (the “Referees”) as they deem fit as a recommendation of SPENN Services. 3.2 Referees must sign up using the provided code or referral link during the Term to qualify for the Reward. No later than forty-eight (48) hours after commencement of sign-in process, Referee must provide SPENN with the relevant information and documents requested for full customer verification. 

3.3 Within forty-eight (48) hours following full customer verification of a referred new user, the Referee must deposit thirty kwacha (ZMW 30) into his/her SPENN account. The balance resulting from transfers made from another SPENN account to a Referee’s SPENN account will not be taken into consideration. 

3.4 Upon fulfilment of all the requirements set out herein, the Referrer’s and Referee’s accounts will be credited with ten kwacha (ZMW 10.00) each, as a Reward for a successful recommendation. Rewards will be credited to the respective SPENN accounts no later than on Thursday 29th February 2024. 

3.5 Only the first ten (10) new fully-verified users onboarded on SPENN as 

Referees referred by one Referrer who placed the minimum deposit stated in Clause 3.3. will be eligible for the Reward and cause the correlating Reward for the Referrer. Hence, a Referrer may receive up to one hundred kwacha (ZMW 100.00) for this Promotion; and a Referee may solely receive ten kwacha (ZMW 10.00) for this Promotion. 

3.6 SPENN reserves the right to disqualify any participant if there are reasonable grounds to believe that the participant has breached any of the Terms and Conditions hereby elaborated, the terms and conditions generally applicable to SPENN services and users, or committed fraud or any other illicit act or omission to earn Rewards, or by any other means acted dishonestly to obtain any benefit out of this Promotion or from SPENN or Access Bank Zambia Ltd. 

3.7 The decisions made by SPENN and/or Access Bank Zambia Ltd. over the Rewards, shall be final, non-negotiable, and non-challengeable. 

    1. Disqualification of eligible users SPENN/Access Bank Zambia Ltd. may withhold Rewards at its sole discretion or disqualify participants at any stage of the Promotion for the following reasons: The participant has committed fraudulent or illegal transactions on their account or acted fraudulently with regard to the Promotion. 
    2. The participant has deviated from the rules of the Promotion and has attempted to manipulate, misuse, or circumvent the outcome or the scheme of the Promotion to be entitled to participate or earn any Rewards. 
    3. SPENN/Access Bank Zambia Ltd. cannot contact the earner of a Reward for purposes related to this Promotion in accordance with these Terms and Conditions. 
    4. The rewarded user lacks legal capacity under applicable laws and in accordance with the provisions of SPENN general Terms and Conditions or the Terms and Conditions hereby stated; or falls under the category of users not allowed to participate under clauses 2.1 to 2.6 herein. 
    5. It will be unlawful under the applicable laws and regulations to award the Reward. 
  1. Personal Data Protection 

Our Data Privacy Policy shall apply to all SPENN App users and customers and it covers all matters that are related to how we collect, use, share and protect your data. All our partners with whom we share your information must meet the requirements set out in this policy. See https://www.spenn.com/privacy-policy. 

  1. Limitation of Liability Subject to any statutory limitations, no claim by the participant against a third party may be the subject of a claim against SPENN/Access Bank Zambia Ltd. 
  2. SPENN/Access Bank Zambia Ltd. accepts no responsibility and shall not in any circumstance whatsoever be liable to the participants or any third party for any lawsuit brought against the participants in consequence of any Reward earned under this Promotion. 
  3. To the fullest extent permitted by law, by participating in this Promotion, the participant agrees to indemnify and hold harmless SPENN/Access Bank Zambia Ltd., their holding, affiliates and/or subsidiaries, its officers, agents, employees, successors and assigns from and against any loss, damages, actions, claims, expenses and any other liabilities of any nature suffered or sustained by SPENN/Access Bank Zambia Ltd. arising from third parties or through the participant’s participation in this Promotion, breach of the Terms and Conditions therein, any related activity and/or acceptance, receipt, possession or use and misuse of any Reward. 
  4. To the extent permitted by law, SPENN/Access Bank Zambia Ltd. will not be liable in any way whatsoever, for any claims arising from loss, injury, damage, or costs, suffered by participants in relation to this Promotion or the Rewards offered, including but not limited to claims relating to defects in the Reward or any losses caused by such defects or losses arising from incorrect or inaccurate information provided by the participants. 
  5. SPENN/Access Bank Zambia Ltd. shall not be liable to the participants, if SPENN/Access Bank Zambia Ltd. is unable to perform its obligations under this Terms and Conditions, due (directly or indirectly) to the failure of any machine, data processing system, transmission link, industrial dispute, or anything outside the control of SPENN/Access Bank Zambia Ltd., its agents or subcontractors. 
  6. By accepting these Terms and Conditions and entering the Promotion, the participant undertakes that such decision is made of his free will and volition and such participant shall be legally responsible and liable for any loss, damage or legal expenses suffered by the participant because of their participation 

therein. 

    1. Variations To the extent not contrary to the applicable law, SPENN/Access Bank Zambia Ltd. reserves the right to and may at any time at its discretion vary, alter, suspend, cancel, change, amend or refuse to renew this Promotion, its Terms and Conditions and the Rewards without prior consent or approval from the participants. 
    2. Notification of variation or amendment shall be given to the participants in writing and without undue delay, either by direct email, SMS, In-App message or other agreed digital communication method. 
    3. Varied or amended Terms and Conditions will become binding and effective immediately without affecting the outstanding obligations and rights of the participants as SPENN users and/or participants in this Promotion. 
    4. All participants waive any rights that they may have or purport to have and acknowledge that no claim in respect of any variation of the Terms and Conditions is enforceable against SPENN/Access Bank Zambia Ltd. following the moment the amendment is notified to the SPENN users and/or participants in this Promotion. 
  1. Notices 

Notwithstanding Clause 7.2, the participants hereby acknowledge that any communications under these Terms and Conditions shall be in writing. Notices and correspondence between the parties may be sent by email or by registered mail/courier to the receiving party. Such notices or correspondences shall be deemed to have been received 3 days after dispatch, in the case of registered mail/courier by handing the said correspondence to a reputable courier service for immediate delivery to the addressee in a properly addressed package. 

  1. Tax implications 

Where withholding tax or similar deductions shall be made by SPENN on the Reward earned, these will be made before crediting the SPENN user’s account. In such cases, the amount credited shall be reduced in the amount deducted. Any Rewards indicated in these Terms and Conditions are gross. 

  1. Maintenance 

The participants agree that SPENN/Access Bank Zambia Ltd. accepts no responsibility and shall not in any circumstance be liable to the participants or any third party for the maintenance, registration and/or upkeep of the reward won under this scheme. 

  1. Severance 

If any one or more of the provisions in these Terms and Conditions are deemed invalid, illegal, void, or unenforceable in any respect by law or a competent court, the validity, legality, and enforceability of the remaining provisions of these Terms and Conditions shall not in any way be prejudiced, affected, or impaired. 

  1. Governing Law and Jurisdiction These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Zambia. 
  2. If any dispute arises between the parties, hereto relating to the interpretation and/or application of this Terms and Conditions, which cannot be resolved by mutual consultation, such dispute shall be referred to arbitration in accordance with Arbitration Act, No. 19 of 2000, or any statutory modification for the time being in force. The venue of such arbitration shall be Lusaka, Zambia. 
    1. Miscellaneous Participants undertake that they have been given ample opportunity to read, and they have carefully read these Terms and Conditions. In addition, participants have been given the opportunity to, and are hereby advised to, have these Terms and Conditions reviewed by legal counsel of their choice. 
    2. Participants certify that they have made an investigation of the facts relevant to this Terms and Conditions and of all the matters pertaining thereto as deemed necessary, that they fully understand the contents of this Terms and Conditions, that they are of sound mind and intend and agree to be legally bound by this Terms and Conditions. 
    3. All terms used in the singular form shall be interpreted to include the plural form, and vice versa, as dictated by the context and for the purposes of interpretation. 
    4. These Terms and Conditions shall constitute a binding and enforceable agreement between the participants and SPENN.