Promotional Terms and Conditions
Together with the specific terms of the offer or promotion (the Promotion Terms), these terms and conditions apply to all of our offers and promotional sales (Promotions). When you, the Customer, take part in a Promotion you accept our terms and conditions and you agree to be bound by them. Please read these terms and conditions carefully before you make any application for entry into a Promotion.
These terms and conditions apply to Promotions only, please refer to the Zip Water Standard Terms and Conditions of Sale, Terms and Conditions for the HydroCare Service Plan, or Terms and Conditions for Rental for the general terms on which you purchase products, hire products or receive services from Zip Water.
1.Duration of the Promotion
1.1 The Promotion is valid during the Promotional Period as set out in the Promotion Terms.
1.2 Where the Promotion Terms specify an expiry date for that Promotion (for example, where the Promotion comprises awarding credit to a Customer’s account), Zip will not accept any responsibility for the Customer’s failure to take advantage of the Promotion before its expiry (for example, by failing to use an amount credit).
1.3 Where the Promotion Terms specify a time frame within which applications to participate in the Promotion must be made, Zip will not accept any applications made outside of this time frame.
2. Eligibility to take part in a Promotion
2.1 Customers will be eligible to take part in the Promotion when they purchase the qualifying product or service specified in the Promotion Terms (Qualifying Product or Qualifying Services). You will be required to provide proof of purchase.
2.2 The Promotion is available to direct customers only, being either consumers or commercial customers who purchase the Qualifying Product or Qualifying Services. The promotion is not available to wholesalers, resellers, retailers or stockists of Zip products.
2.3.1 The Promotion is open to participants over the age of 16 who are resident in the UK (England, Scotland, Wales and Northern Ireland) except:
2.3.2 employees of Zip; and
2.3.3 employees of agents or suppliers of Zip, and anyone who is connected to the promotion or its administration in any way.
2.4 In entering the Promotion, you confirm that you are eligible to do so and Zip may require you to provide proof that you are eligible to participate in the Promotion.
2.5 Applications to take part in Promotions must be submitted in accordance with the specific instructions set out in the Promotion Terms.
2.6 The Promotion is not transferrable to any other Customer; applications to participate in Promotions will only be accepted from the original purchaser of the Qualifying Product or Qualifying Service (unless otherwise specified in the Promotion Terms). Customers participating in Promotions shall not resell the Qualifying Products or other products connected to the Promotion on auction website or click-through website. Any such activity will entitle Zip to exclude you from participating in the Promotion.
2.7 Incomplete or invalid applications for the Promotion may be rejected by Zip. Where an application is incomplete or invalid, the Customer will be notified in writing and may (at the discretion of Zip) be given the opportunity to rectify their application within 7 days of notification, otherwise the application will be marked as invalid and the Customer will not be a participant in the Promotion.
2.8 Submission of false, incorrect, misleading or fraudulent documentation may result in disqualification from the Promotion and any future Zip promotions. Where Zip deems it necessary, the matter may be referred to law enforcement authorities.
2.9 All orders for the Qualifying Product or Qualifying Services must have been processed and any payment or subscription cost (for example for HydroCare plans) due, must be paid before the Customer is eligible to take part in the relevant Promotion. Zip reserves the right to reject any application to take part in a Promotion if the payment for the Qualifying Product or Services is not made when it is due.
2.10 Where the Customer returns a Qualifying Product to Zip or the relevant retailer, or cancels a Qualifying Service, the Customer’s right to take advantage of the Promotion will terminate from the date of return or cancellation. Where appropriate, Zip may take steps to recover any credit given or product/reward supplied pursuant to the Promotion.
3. Restrictions on the Promotion
3.1 Customers cannot (a) claim more than the maximum reward available for a Promotion, or (b) submit more than the maximum number of applications per customer or customer account. This information will be specified in the Promotion Terms.
3.2 Unless otherwise indicated, Customers cannot take advantage of more than one Promotion at any time. For example, any promotional or discount codes cannot be used in conjunction with any other offer or promotion.
3.3 Qualifying Products or products connected with the Promotion (a) produced for residential or domestic use shall only be used in private residences; and (b) produced for industrial use shall only be used in industrial or office buildings. Where Zip has reason to believe that its products are not being used in accordance with this paragraph, it shall terminate your participation in the Promotion with immediate effect.
3.4 Promotions are offered in good faith. Customers shall not use or apply a Promotional reward in such a way that means, in Zip’s sole opinion, the Customer’s business practices undermine or jeopardise in any way the reputation of Zip, its products and/or services. Zip reserves the right to terminate a Customer’s participation in a Promotion at any time, if in Zip’s opinion, the Customer has breached this provision.
3.5 Where Zip terminates a Customer’s participation in a Promotion, it will immediately take steps to affect such termination, including ceasing to supply promotional products or Qualifying Products to the Customer and/or ceasing to apply ant promotional rewards such as rebates, to the Customer’s accounts. The right of termination is without prejudice to any other legal rights or remedies that Zip may have against the Customer.
3.6 The promotion is not available to refurbished Zip products or Customers who have purchased Products pursuant to rental plans.
4. Withdrawal of the Promotion
4.1 All Promotions are subject to availability. Zip reserves the right to amend these terms and conditions or to hold void, suspend, cancel or amend the Promotion where it becomes necessary to do so. In such circumstances Zip will take reasonable steps to avoid disappointment and it will give reasonable notice of such amendment, cancellation or suspension to affected Customers. At our sole discretion, we may choose to offer a refund or offer a substitute promotion to affected Customers where we deem it reasonable to do so.
5. Privacy and Data Protection
6.1 The decision of Zip in respect of any and all aspects of the Promotion, including any rejection of an invalid application, will be final and binding. If there is any reason to believe there has been a breach of these terms, Zip may, at its sole discretion, exclude you from participating in the Promotion.
6.2 Zip is not responsible or liable for any technical, hardware, software, server, website, or other failures or damage of any kind to the extent that these may prevent the Customer from or otherwise obstruct him/her in from participating in the Promotion.
6.3 Our liability to you in connection with the supply of our products and services is set out in the Zip Standard Terms and Conditions of Sale, Terms and Conditions for the HydroCare, or Terms and Conditions for Rental.
6.4 Insofar as is permitted by law, Zip, its agents or distributors will not in any circumstances be responsible or liable to compensate the Customer or accept any liability for loss, damage, personal injury or death occurring as a result of participating in the Promotion except where it is caused by the negligence of Zip and it would be unlawful to do so.
6.5 Where you are a business, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any:
6.5.1 loss of profit;
6.5.2 loss of anticipated savings;
6.5.3 loss of business;
6.5.4 loss of goodwill
6.5.5 business interruption;
6.5.6 loss of business opportunity, arising out of or in connection with your participation in the Promotion. Nor are we liable to you for any indirect or consequential loss arising out of or in connection with your participation in the Promotion.
6.6 These terms and conditions are governed in accordance with the laws of England and Wales and any dispute arising hereunder shall be referred to the exclusive jurisdiction of the courts of England and Wales.