Terms and Conditions of Use

DEFINITIONS
Administrator means 360 insights (Europe) Ltd., the programme administrator on behalf of Club Car.

Data Protection Legislation means (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018.

GDPR means the General Data Protection Regulation ((EU) 2016/679);

Participant, Your or You means Dealer Salesman

Programme means Club Car Urban Rewards Pilot Program and all its component parts.

Promoter means Club Car, whose registered office is at
Demesne Balheary Road
Swords, Co Dublin K67E5AO
Ireland

We/Us/Our means the Promoter

Website means www.clubcarurban-rewards.com

GENERAL TERMS
These Terms and Conditions of Use apply to Club Car Urban Rewards Pilot Program.

This Programme runs from 4 June 2024.

By taking part in the programme, accessing Your account, transacting points, or using any other aspect of the Programme or Website, You will be deemed to have read, understood and accepted these Website terms. The Promoter or Administrator shall be entitled to amend these terms and conditions and/or to amend, suspend, withdraw or cancel the Programme including for the avoidance of doubt any associated rewards at any time and without prior notice. These terms and conditions together with any other instructions listed elsewhere on the Website form the full terms and conditions. It is Your responsibility to familiarise yourself with these terms and conditions on a regular basis for possible changes.

The Promoter reserves the right, in its sole discretion, to disqualify any Participant that acts in any fraudulent manner, attempts to bypass the security of the website or affects the administration, security, fairness, integrity, or proper conduct of the programme, who tampers with the entry process or reward redemption, or may benefit from such tampering.

The Promoter assumes no responsibility in relation to the Website for any error, omission, interruption, deletion, defect, delay in operation or transmission.

Participants must not register nor use the Website on behalf of another individual. Only one e-mail address per Participant will be allowed for registration.

In the event of any disputes relating to the Programme or points awarded, the Promoter’s decision shall be final and binding and no correspondence will be entered into. All disputes relating to Rewards products and fulfilment will be at the discretion of the Administrator.

To the extent permissible by law, the Promoter, Administrator and/or their employees, contractors, suppliers and agents associated with the programme, shall not be liable for and shall be held blameless for any loss, damage, injury or any claim whatsoever which is suffered (including but not limited to direct or consequential loss) as a result of or arising from a person participating in the Programme and associated publicity.

The Promoter and/or The Administrator cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants in this Programme agree that the Promoter and the Administrator will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a prize, or from participation in this Programme. Nothing in this clause shall limit the Promoter’s or The Administrator’s liability in respect of death or personal injury arising out of its own negligence.

Where Participants are given notice of Programme termination, all points must be redeemed 30 days following notification of the end of the Programme.

DATA PROTECTION AND PRIVACY
The Promoter shall act as Data Controller as defined in Data Protection Legislation. The Promoter agrees to comply with their obligations under all applicable legislation. In particular, the Promoter shall share Personal Data with the Administrator for the purposes of administration of the Programme, fulfilment of Rewards orders placed by You, communications regarding the Programme and other Promoter related marketing as outlined in the Privacy Policy.

ELIGIBILITY
This Programme is open to Participants who are a resident in UK, Ireland and EMEA and are 18 years of age or older at the time of entry. Employees must obtain the prior permission of their employer to participate in this scheme. This Programme cannot be combined with any other Programmes, offers or rebates.

[Participants of a sales incentive shall only earn Rewards Points on eligible sales of qualifying products or services.]

Employees of the Promoter, their employees, contractors, suppliers and agents associated with the programme are not eligible to participate in sales related Programmes. Employees of the Promoter are eligible to participate in employee reward or recognition Programmes.

TO PARTICIPATE
To participate in the promotion, Dealer Salesman will earn points for the sale of Club Car Urban vehicles. Each Club Car Urban sold will give the user 10,000 points.

The Promoter is not responsible for lost, corrupted or delayed entries. Participation constitutes full and unconditional acceptance of these Terms and Conditions. Any failure to follow Programme terms and conditions, any abuse of the Programme, any conduct detrimental to the interests of either the Promoter or the Administrator, or any misrepresentation of any information furnished to the Promoter may result in the termination of his or her participation, the cancellation of accrued points, rewards or benefits, or both.

EARNING POINTS
Points will be awarded to each Participant based on Sale of Club Car Urban. Sales will be updated every 2-4 weeks.

Dealership Sales of Club Car Urban will be updated in the claims section of the platform. In order to claim the sale, participants will need to allocate the claim to themselves. If sales are incorrectly allocated, users will need to rectify this between themselves within the dealership. Points can be transferred between accounts using the peer-to-peer points transfer functionality. This will be able to rectify any misallocations of sales.

From time to time points awarded or transacted may be audited and, in the event that an audit reveals discrepancies or possible violations, the processing of further award redemption requests may be delayed pending completion of the audit and pending the outcome of any corrections to be applied.

Participants may opt to save points awarded for redemption at a later date.

Participant points will expire after 12 months of allocation to Your account unless redemptions are made within that 12-month period.

Any fraudulent activity of accounts, points balances, voucher codes and reward redemptions may result in the termination of Participants account and the cancellation of accrued points or rewards orders placed or both. The Promoter and Administrator shall seek to recover from You any losses incurred as a result of fraudulent activity.

ORDERING REWARDS
Points may only be redeemed via the Programme Website Administrator. Prizes, once chosen, can only be changed if the redeemer contacts [email protected] within 24 hours of the redemption.

Points cannot be redeemed for cash or any other kind of payment by the Promoter to You.

Participants may not combine points with other forms of payment, pool, transfer or combine points with any other participant or Programme in order to redeem rewards.

Experience day rewards will be fulfilled by Your direct arrangement with the experience supplier.

Substitution
In the case of a Reward item not being available, The Administrator will contact You within 7 days of placing the order and offer a replacement item of similar value. If You do not wish to accept the replacement item, the points value will be re-credited. The Administrator reserves the right to remove or include any reward from the range at its discretion and Participants may not rely upon the continued availability of a reward category or reward item. The Administrator will honour any Rewards that have already been ordered by a Participant prior to any price alterations.

Delivery
he delivery of reward items will be made within 28 days of placement of order unless otherwise stated on the website or by email communication.

The delivery of all reward items will be made to the address as supplied by You at the time of order. The delivery address for reward items should be to an address where the item can be signed for. If there is nobody available to sign for receipt of the goods then the delivery company will usually leave a card with contact details for You to arrange delivery again. Where a rearranged delivery is made and there is nobody present to sign for the item the supplier may at their discretion charge for re-delivery costs and this will be passed on to You.

Delivery of damaged items must be refused and items found to be damaged on delivery or after opening packaging must be advised within 48 hours to the Administrator’s customer service team to enable timely follow up with the third party supplier or courier and arrange for a replacement to be shipped. Couriers will generally not accept liability for damages or lost items beyond this time frame.

Where a signed-for delivery is made to You but delivery is not possible for whatever reason, The Administrator will arrange for re-delivery at the earliest possible opportunity but there may be charges incurred by You from the courier or similar service provider for re-attempting delivery for which You shall be liable.

Returns and faults
Returns of reward items will be arranged for You if there is a fault with the reward item or it is damaged provided the issue is reported to The Administrator within 48 hours of receipt. Couriers will not generally accept liability for damages or lost items beyond this time frame.

If You wish to discuss or organise a return, exchange or refund of any item, please contact us within 48 hours of receipt.

You acknowledge that some reward items are not returnable and non-refundable (i.e. customised items, made to order, perishable goods such as flowers/food or personal items such as jewellery or cosmetics).

Where faults develop after 14 days from receipt, these will be subject to manufacturer warranties.

Vouchers and Gift Cards
From time to time the retailers who provide vouchers or gift cards may experience temporary delays or stock shortages. In the event that delays will impact on the Administrator’s ability to deliver the order as scheduled, the Administrator will advise You and discuss appropriate actions.

In the event of a gift card or voucher being lost or stolen in transit, The Administrator will investigate whether the card or voucher has been used.

• If the card has been dispatched via 1st or 2nd Class Royal Mail Service and has not been redeemed, The Administrator will issue a replacement card
• If the card has been dispatched via 1st or 2nd Class Royal Mail Service and has been redeemed You will be charged for a replacement card
• If the card has been dispatched by Special Delivery or other courier service and the delivery has been signed for at the correct address, You will be charged for a replacement card; if the card has been incorrectly delivered The Administrator will investigate and replace as appropriate.

Where a Participant reports a voucher or gift card as lost or stolen, You acknowledge that a fee is deducted from the balance of the card for the issuance of a replacement. The Administrator is not liable for any refusal of a retailer to deactivate or provide credit or replacement of a lost or stolen gift card or voucher. Once a gift card or voucher is delivered, You assume all risk and liabilities for the gift cards and voucher and no refunds will be made.

Tax
To the extent any element of the Program (including, without limitation, Reward Points, Rewards, Experience Rewards) is deemed taxable income or employee compensation under applicable law or regulation, the User and the Organizer is solely responsible for its own and for ensuring each User’s compliance with any and all taxation requirements including, without limitation, reporting of income or compensation and payment of any resultant taxes. The Administrator has no responsibility for any taxation or reporting to any taxation authority and the Administrator is not responsible for obtaining or providing any tax advice to the Organizer or any User.

The Promoter and the Administrator hereby absolve themselves from any liability arising from any tax or National Insurance Contributions arising from this prize. Recipients are directly responsible for accounting for and paying to their local tax offices any tax liability and NI contributions or other local taxation arising on their prize.

Some prizes and rewards may be considered a taxable benefit to the recipients and may give rise to tax or National Insurance or other local tax implications.

ACCOUNT AND WEBSITE SECURITY AND APPROPRIATE USE OF THE WEBSITE
As a user of the Website you must use its Services in an appropriate and lawful manner, including, without limitation, that you may not:

• save as specifically authorised by Us or the Administrator, copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, publish, transfer or otherwise make available the Website or any of its content
• replicate the Website or create a separate border around any part of the Content or Services (also known as “framing”)(“Content” means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics); • remove, change or obscure in any way anything on Website, unless specifically authorised;
• remove or delete other users of the Website;
• reverse engineer or decompile (whether in whole or in part) any software used in the Website;
• use the Website and anything available from it or any reward items for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice;
• remove, obscure or change any copyright, trademark or other intellectual property right notices contained in the original material or from any material copied from the Website;
• receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, indecent, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful
• circumvent user authentication or security of any host, network or account, nor interfere with service to any user, host or network, nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are visiting the Website’s legitimate web pages or use the Website for any other unlawful or objectionable conduct; • misuse the Website by knowingly or recklessly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our depository of resources is stored or any server, computer or database connected to our Hub. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would breach a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Proper conduct and use of your Account

• To access the Website, you may be given, or able to choose, a User ID and password (“Access Information”), which you must treat as confidential. You must not disclose your Access Information to any third party.
• As a user of the Website, you must register an account with Website. This is done via the registration page on the Website or via an email communication. It is your responsibility to provide accurate information and notify us of any changes. We reserve the right to deny approval of your registration if it deems that the application is not appropriate or fraudulent.
• You shall be solely responsible for maintaining the confidentiality of Your password. You shall immediately notify Us of any known or suspected unauthorised use(s) of Your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of Your password. You are fully responsible for all usage and activity on Your account. Notwithstanding anything else herein, we reserve the right to pursue any and all claims against You and any user of Your account. Your account is valid only while You are employed by the organisation listed on Your initial registration application. You are prohibited from accessing Your account immediately upon termination with that organisation.
• You acknowledge that you are responsible for ensuring that no unauthorised access to the Website and the Services obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorised or not. You must inform the Promoter or Administrator immediately and no later than 24 hours if your Access Information becomes known to any unauthorised user. This includes loss, theft or unauthorised disclosure of your password. You are fully responsible for all usage, including the upload of any malware or fraudulent and other inappropriate activity on Your account. Notwithstanding anything else herein, we reserve the right to pursue any and all claims against You and any user of Your account. Your account is valid only while You are employed by the organisation listed on Your initial registration application. You are prohibited from accessing Your account immediately upon termination with that organisation.
• You shall notify Us as soon as possible and no later than 24 hours (i) if You are granted access to information which You do not, acting reasonably, believe that you should, due to Your function/role/company/organisation, have access to and/or (ii) if You become aware that someone within Your company/organisation has been granted access to information which You do not, acting reasonably, believe that they should, due to their function/role, have access to. We reserve the right to modify the Website and/or the Services or suspend or terminate the Website and/or the Services or access to part or all of them at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. We have the right to disable any Access Information, whether chosen by You or allocated by Us. We have the right to disable any Access Information, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

This Programme is administrated by 360insights (Europe) Ltd. on behalf of the Promoter.
Promoter: Club Car and Company address:
Club Car EMEA Limited
Digital Office Centre Balheary
Demesne Balheary Road Swords, Co Dublin K67E5AO
Ireland