Zipcar Refer-a-Friend Terms and Conditions
Zipcar is offering users of the Zipcar service the opportunity to earn rewards by referring friends to try the Zipcar’s Service ("Zipcar Refer-a-Friend Program" or “Program”) which is offered on the Zipcar site located www.zipcar.com/referfriends (“Site”). By using the Site or participating in the Program, users acknowledges that they are bound by these Terms and Conditions (“Terms”).
1. Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with Zipcar’s Privacy Statement, which is available by link on the Site.
2. How the Program Works. Users must be a Zipcar member in good standing and may refer as many people as they wish. Users must visit the Site and follow the on-screen instructions to refer friends, family members or colleagues. Once an individual makes a referral, he/she becomes a “Referrer” and the Referred friends (“Referee”) must complete the referral as described in the referral message. The Referrer and Referee acknowledge that in order to receive the reward the Referee must join the Zipcar service via Zipcar.com and not Zipcar’s mobile application.
3. Rewards. By making a valid referral, Referrer and Referee will receive Zipcar driving credits. Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. Driving credits are not transferable and may not be auctioned, traded, bartered or sold. Driving credits will be awarded once the Referee is approved for membership and has paid any applicable membership or annual fees.Unless otherwise noted, expiration timelines for driving credits are as follows: Referees must become a Zipcar member within 30 days of receipt of an invitation. All driving credits expire 30 days from the award date.
4. Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with Zipcar. To receive driving credit, the Referrer must have a current Zipcar account, and the Referee must join a non-sponsored/non-discounted Zipcar account. In the event the Referrer opts out of receiving emails regarding the Zipcar referral program, the Referrer will no longer be able to receive their driving credit/reward. The driving credit cannot be assigned, transferred, exchanged, or redeemed for cash. Credit may only be applied toward Zipcar usage (i.e. applies to driving charges incurred during reservations, but not to any fees, tolls, etc). Upon cancellation or termination of Zipcar membership by Referrer, any unused driving credit will automatically expire and may not be transferred, assigned or redeemed for cash. This Program may not be combined with any other coupons or promotions. Zipcar reserves the right to terminate the membership of any Referrer or Referee who violates or attempts to violate the Terms and/or these rules and restrictions. In addition, any violation or attempted violation of these rules and restrictions may result in a member losing all referral driving credits and being charged for any referral driving credits utilized. Referral credits may not be applied to past reservation costs. Referral credits cannot be applied to sponsored/discounted memberships. No Referrer or Referee 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 and intent of the Program. In addition, Referrer or Referee 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. Employees of Zipcar or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate. All driving credits are in local funds associated with the Referrer primary driving city, and will not be applied to drives taken in any cities operating under a different currency.
5. Liability. REFERRER AND REFEREE UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE 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 WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, Referrer and/or Referee agree to defend, indemnify, release and hold harmless Zipcar, Extole, Inc., (as the provider of the referral service), and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys 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 benefit in the Program. The Released Parties shall not be liable to any users for failure to supply any reward, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control.
6. Disclaimer of Warranties. REFERRER AND REFEREE EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ZIPCAR 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 THROUGH THE PROGRAM WILL MEET EXPECTATIONS, AND (C) 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.
7. Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails 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. Zipcar has no obligation to monitor the Program or any communications; however, Zipcar 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 anti-spam laws, are obligated to indemnify Zipcar against any liabilities, costs and expenses it incurs as a results of such spam.
8. Sign-In Credentials. Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify Zipcar immediately if they suspect unauthorized access to their account. Users agree that Zipcar will not be liable for any loss or damage arising from unauthorized use of their credentials.
9. Right to Cancel, Modify or Terminate. Zipcar reserves the right to cancel, modify or terminate the Program at any time for any reason. Zipcar reserves the right to disqualify any user of the Program at any time from participation in the Program if he/she does not comply with any of these Terms. All of the Zipcar's decisions are final and binding.
10. Applicable Law. This Program shall be governed by and construed in accordance with law of the Commonwealth of Massachusetts without regard to conflicts of laws provisions thereof. The parties agree that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Boston, Suffolk County, Massachusetts, and consent to the exclusive jurisdiction of such courts.
11. Publicity. Participation in the Program and/or acceptance of a driving credit constitutes permission to Zipcar to use any Referrer or Referees first and last name, company name, profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.