General Terms and Conditions for Tellja Referrers
(last revised February 2017)
Please read these Terms and Conditions carefully before making referrals through our system. You should print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms and Conditions you must not use our system.
1. Subject Matter of Agreement
This is a legal agreement between you (a "Referrer") and Tellja GmbH, Solmsstr. 12, 60486 Frankfurt am Main ("Tellja"). It governs your use of Tellja's digital referral system (the "Tellja System").
Tellja operates the Tellja System via the Internet, which Tellja uses to enable Referrers to send referrals for products and services of businesses which are partners of Tellja ("Advertisers"). Tellja employs the Tellja System on the Advertisers' websites. The Tellja System is designed to acquire new customers for Advertisers, where those customers purchase products or services of Advertisers in response to individual referrals sent by a Referrer by electronic means (e.g. by email) via the Tellja System. It also enables Tellja to process such referrals. Referrals for specific products or services of Advertisers are sent to individual recipients by a Referrer via an action window of the Tellja System that is integrated into the websites of Advertisers (hereinafter "Widget"). If a contract with a new customer results from a successful referral (as described in section 13.2 below), Tellja will pay the Referrer a predetermined reward for that referral. The Tellja System includes Tellja's online portal to which the Referrer will be granted access to manage referrals (the "Referrer Portal"), as further described in section 7. Use of the Tellja System is free of charge for Referrers. Referrers are responsible for the fees charged by their own Internet access or service providers for their Internet connection.
2. Contracting parties
This agreement is between the Referrer and Tellja only. No contract exists between the Referrer and any Advertiser in connection with referrals made using the Tellja System. By using the Tellja System, the Referrer hereby represents that he or she has reached the age of 18 and resides in the United Kingdom of Great Britain and Northern Ireland (the "United Kingdom"). The Referrer further represents that he or she fulfills all other requirements for using the Tellja System as defined in section 3 of these Terms and Conditions.
3. Requirements for use of Tellja System
Referrers must be:
· natural persons (i.e. a human being, and not a business entity or organization);
· 18 years or older;
· resident in the United Kingdom; and
· using the Tellja System for personal purposes only.
Any use of the Tellja System for commercial or business purposes is prohibited. Use for commercial or business purposes' means that referrals are made in large numbers for the specific purpose of earning a profit on a regular basis.
4. Conclusion of contracts, rewards, sweepstakes
4.1 A contract (also referred to as an agreement) for use of the Tellja System by the Referrer to make a referral is concluded when the Referrer sends a referral, having completed the referral process in the Widget.
4.2 The products and services for which rewards may be received in the event of successful referrals (as described in section 13.2 below), as well as the type and amount of each reward, are shown on the Advertiser's website, and in the Widget. Rewards may be in the form of a payment in cash or in Vouchers (defined below), as determined by the Advertiser. If several, optional rewards are available, the Referrer may select the desired reward during the referral process. After a referral has been sent, the selected reward may no longer be changed. Vouchers cannot be cashed out. For the purpose of these Terms and Conditions, "Vouchers" means a voucher (being a card, piece of paper, or promotional code) issued by Virgin Media or by a named third party (for example a specific retailer) and which gives the holder either (a) a specific monetary value which is exchangeable in whole or in part for products or services offered by Virgin Media or the third party (as applicable); or (b) a financial discount or rebate which can be redeemed when purchasing products or services offered by Virgin Media or the third party (as applicable).
4.3 The rightful recipient of a reward is always the Referrer who made the successful referral (see section 13.2 below). However, if instructed by a Referrer, a reward may also be paid to the new customer or another third party (e.g. donation recipient) within the United Kingdom. Alternatively, in the case of cash rewards, the reward may be split between the Referrer and the new customer or a third party, provided that such an option is available in the Widget for the recommended products or services of the Advertiser. However, new customers or other third parties shall acquire no direct claims or contractual rights against Tellja as a result of being nominated by the Referrer to receive all or part of the reward.
4.4 Bonus programs for multiple successful referrals: If and to the extent shown in the Widget, in the Referrer Portal, and/or on the Advertiser's website, Tellja will pay a higher reward amount instead of the standard reward which is available (hereinafter "Bonus Rewards"). Bonus Rewards are payable only if a Referrer reaches or exceeds a certain number of successful referrals, in a certain time period defined by Tellja (the so-called "Bonus Period"). Bonus Reward amounts may be graduated depending on the number of successful referrals made. The number of successful referrals required to earn Bonus Rewards, the length of the Bonus Period, and the amount of each Bonus Reward are shown in the Widget, on the Advertiser's website, and/or in the Referrer Portal. The Bonus Period begins on the date on which a Referrer makes the first referral, whether or not that referral is successful, and terminates at the end of the designated time period. A new bonus period will start when the Referrer makes his or her next referral, provided that the bonus program is still in effect at that time. The order in which successful referrals will be considered as being made for the purpose of the bonus program is the date each successful referral is approved by the Advertiser, and not the date on which the referral was made by the Referrer. Offering a bonus program is within the sole discretion of Tellja, and Tellja may at any time change or withdraw an ongoing bonus program effective as of a future date, provided however that any current Bonus Periods shall remain unaffected by such change or withdrawal.
5. Services and responsibilities of Tellja
5.1 Tellja shall make the Tellja System available for use by online access on an Internet server that is connected to the World Wide Web. The point of delivery for services of Tellja is the interface between Tellja's Internet server and the public data network (World Wide Web). If Tellja allows the Tellja System to be used in connection with the social network Facebook and/or by WhatsApp messages, Tellja is not responsible for any content or availability of features or functionalities that are made available by or are implemented via Facebook or WhatsApp or that interact with Tellja or the Tellja System, including, without limitation, Facebook dialogs. Tellja is not responsible for any other measures of Facebook or WhatsApp that affect the Tellja System or services of Tellja, e.g., limitations in the terms and conditions of use, blocked Facebook or WhatsApp service. Tellja has no control over features, functionalities, measures or availability of Facebook or WhatsApp. Any changes in features or functionalities, or any other measures of Facebook or WhatsApp, may therefore affect, limit or preclude services of Tellja. In such cases Referrers shall have no claims against Tellja.
5.2 Tellja shall take such technical and organizational security measures and other measures to protect the Tellja System from unauthorized access, viruses and other malware as are necessary and standard given the generally accepted state of the art.
5.3 Tellja shall not be responsible for the proper operation of any systems of Referrers or the World Wide Web, including the proper transmission of referrals sent by e-mail or WhatsApp message.
5.4 Tellja will manage, monitor and record referrals made by Referrers by assigning a sales tracking code to each referral in the Tellja System in the form of a cookie which will be placed on the Referrer's device (hereinafter "Sales Tracking Code"). The purpose of the Sales Tracking Code is to enable Tellja to identify the Referrer as the originator of a specific referral in order to confirm when a successful referral (as described in section 13.2 below) has been made. Tellja will make sales tracking data, i.e., data about the status of referrals, available for review by the specific Referrer in a password and user ID protected area set up for each registered Referrer in the Referrer Portal. By using the Tellja System, Referrers agree to the use of the Sales Tracking Code.
5.5 In addition, Tellja will provide customer support to answer questions of Referrers about how to use the Tellja System by telephone and e-mail during Tellja's regular business hours (Monday through Friday, 9:00 a.m. – 6:00 p.m. except legal holidays in the U.K., Christmas Eve and New Year's Eve).
5.6 Tellja reserves the right to make changes to the Tellja System in the future, including, without limitation, changes required to be implemented by Tellja for compliance with applicable laws and changes in service that will result only in insubstantial impairment for Referrers. Tellja further shall have the right to make changes to the Tellja System, if the Tellja System must be adapted as a result of changed requirements or conditions of Facebook or WhatsApp.
5.7 Tellja shall have the right to subcontract third parties to render Tellja's services on behalf of Tellja, including, without limitation, technical service providers and logistics service providers.
6. Making of referrals
6.1 Referrers may use the Widget to make referrals to recipients personally known to them to recommend certain products or services that have been approved for referrals by Advertisers. For this purpose Referrers must use the referral sending process made available by Tellja in the Widget, upon the completion of which a referral will be sent by e-mail or WhatsApp message to the recipient. Unless otherwise stated in the Widget, referrals are valid for 30 calendar days from the date they are sent by Referrers. If no order is placed by the recipient within this time period, the referral will lapse.
6.2 The recipient of a referral must in each case be another natural person (as described in section 3 above). Referrers may not send referrals to themselves.
6.3 Prior to sending a referral, the Referrer must make sure that the recipient of the referral has agreed to receive referrals from Tellja (even though they have been sent by the Referrer) by e-mail or WhatsApp message. This requires express prior consent by the recipient of the e-mail or WhatsApp message. Upon demand Referrers must provide evidence to Tellja that prior consent to receive referrals by e-mail/WhatsApp message has been given by the recipient(s). Tellja hereby advises Referrers that sending unsolicited advertisements by electronic means ("SPAM") is prohibited by law and that therefore Referrers are prohibited from doing so under these Terms and Conditions.
6.4 Referrers are obligated to include in each referral such information as is necessary to clearly identify the Referrer as the sender of the referral to the recipient.
6.5 The e-mail sent to each recipient will include the following standard information: (1) information about the recommended product or service, including a link to the Advertiser's website, and (2) information for the recipient about the further procedure for the referral and about use of the recipient's data. In addition, Referrers may also include a personal message to the recipient in the e-mail. In case of WhatsApp messages the referral link displayed in the Widget and a personal message may be included in the message to the recipient within the scope of the WhatsApp application.
6.6 The Referrer is advised to exercise due care when providing information in the Widget (including, without limitation, sender data and recipient data). If incorrect information is provided, it is possible that referrals cannot be sent to recipients or that referrals can no longer be assigned to the Referrer. Referrers are solely responsible for any incorrect information provided in the Widget, and Tellja assumes no liability for such information provided by the Referrer.
7. Registration of Referrers; use of Tellja Referrer Portal
7.1 After sending the first referral, Referrers will receive an e-mail from Tellja with access information for the "registered members" area of the Referrer Portal. In the Referrer Portal Referrers can review, change or delete their personal data, view statistics made available by Tellja, manage referrals and make referrals. Referrers must register in the Referrer Portal providing the required information (name, address, e-mail address, United Kingdom bank account for cash rewards), so that Tellja is able to pay rewards for successful referrals (see section 13.2 below).
7.2 Each Referrer may register only once in the Referrer Portal. Authorized access to the Referrer Portal is valid only for each Referrer personally and may not be transferred to any third party.
8. Rights to Tellja System and to content made available by Tellja or third parties, license, confidentiality
8.1 The Tellja System and all content made available by Tellja, regardless of the manner in which it is made available, is protected by law, including, without limitation, copyright law. All rights and claims to the Tellja System and content made available by Tellja or third parties shall remain with Tellja or such third parties or their respective licensors.
8.2 In consideration of Referrers agreeing to abide by these Terms and Conditions, Tellja hereby licenses to each Referrer the non-exclusive, non-transferable right to use the Tellja System, and the management functions and content made available, subject to and in accordance with these Terms and Conditions. This license shall expire when the agreement between the Referrer and Tellja terminates.
8.3 No additional rights are licensed or otherwise granted to Referrers hereunder. In particular, Referrers have no right to copy, distribute or make accessible to third parties the Tellja System or any parts thereof, or any content, unless such use of the Tellja System is in conformity with the intended purpose.
8.4 Referrers shall keep confidential all parts of the Tellja System and other content made available to them, shall use such parts of the Tellja System and other content only for the purposes permitted by these Terms and Conditions, and shall not make such parts of the Tellja System or other content available to any third parties. This duty of confidentiality shall not apply if Tellja has permitted a specific disclosure or if the parts of the Tellja System or other content involved are already in the public domain prior to disclosure. This duty of confidentiality shall survive and continue in effect after termination of the agreement, as long as the information is confidential in nature.
9. General obligations of Referrers
9.1 Referrers are permitted to use the Tellja System and the Referrer Portal only as agreed. Referrers must truthfully and accurately provide all information necessary for performance by Tellja of its obligations under these Terms and Conditions, including such information as is required to be provided to Tellja in the Widget and designated by Tellja as mandatory. Any changes to personal data or other mandatory information required for performance of this agreement must be entered by Referrers in the Referrer Portal promptly and without demand or must be reported to Tellja by sending an e-mail to email@example.com, in which the Referrer must provide such information as will enable Tellja to identify the Referrer.
9.2 Any anonymous use of the Tellja System or use of pseudonyms is prohibited.
9.3 If the intended recipient of a reward is a new customer or third party (i.e. the Referrer wishes to either share the reward with or give the whole reward to the recipient or third party, and has not previously done so), the Referrer must obtain the new customer's or third party's (as applicable) express prior consent to Tellja contacting them to request that they access a password and user ID protected area set up for the recipient or third party in the Referrer Portal and provide the data which is needed to pay the reward (first name, last name, bank account).
9.4 Passwords and other access data assigned by Tellja for the use of the Referrer Portal must be kept confidential and shall be used only for the agreed use of Tellja's services and must be adequately protected against disclosure to or use by unauthorized third parties. Any disclosure or other transfer of passwords or access data to third parties is prohibited. At the time of registration the password assigned by Tellja shall be promptly replaced with a secure password chosen by the Referrer, in order to protect access to the Referrer's area. Passwords should include at least 10 characters and contain capital letters, lowercase letters, numbers and special symbols. Passwords should be changed at regular intervals (at least every three months) in order to provide adequate security. If a Referrer discovers or has reason to believe that his or her password has been accessed by an unauthorized third party, the Referrer shall promptly notify Tellja. In such case Tellja will promptly assign a new password to the Referrer.
9.5 Referrers are responsible for any unauthorized use of the Tellja System by means of their passwords, unless they can show that they protected their passwords against unauthorized use as provided for in these Terms and Conditions.
9.6 If Referrers discover any malfunctions of the Tellja System, they shall promptly notify Tellja by e-mail to firstname.lastname@example.org.
9.7 Referrers shall take adequate steps to protect their technical infrastructure against unauthorized use, viruses and malfunctions, and to ensure that their technical infrastructure will pose no risk to Tellja's technical systems.
9.8 Tellja hereby advises Referrers that use of the Tellja System from the social network Facebook and/or WhatsApp is subject to the applicable terms and conditions of use, general terms and conditions and other terms and conditions and policies of Facebook and/or WhatsApp, and that Tellja has no control over those terms and conditions or policies.
10. Unauthorized use of Tellja System, prohibited misuse
10.1 Referrers shall at all times use the Tellja System in compliance with applicable law, in accordance with these Terms and Conditions, and for the agreed purpose.
10.2 Referrers agree, in particular, that they will not
a. use the Tellja System for advertising of their own, for making any commercial offers, or for publishing any content in violation of applicable law or public policy;
b. make any changes to content of Tellja or third parties, including information provided by Advertisers about recommended products and services, copyright notices or notices of authorship (however, Referrers are permitted to include their own additional information in personal messages to recipients of e-mails or WhatsApp messages);
c. post any links to pages or content outside the Tellja System;
d. take any actions that would be inconsistent with normal use of the Tellja System for personal purposes;
e. use the Tellja System to broker contracts with new customers by means that are unlawful or in breach of these Terms and Conditions, in particular by deceiving, misleading, forcing or threatening recipients of referrals, including any concealment of the circumstance that Referrers receive rewards for successful referrals;
f. send referrals to themselves (e.g., to any other e-mail address of the Referrer);
g. fabricate contracts with new customers or successful referrals, e.g., through the use of false data, unauthorized use of third-party data, or technical manipulation of the Tellja System, is prohibited;
h. use the Tellja System or any of Tellja services in any unlawful manner, for any unlawful purpose, or any manner inconsistent with these Terms and Conditions;
i. act fraudulently or maliciously (e.g. by hacking into or inserting malicious code, including viruses or harmful data, into the Tellja System, and service or any operating system, by seeking to circumvent or deactivate security measures taken by Tellja;
j. make changes to any content of Tellja or the Tellja System, or combine the Tellja System with any other content, websites or services;
k. infringe Tellja's intellectual property rights or those of any third party in relation to the Referrer's use of the Tellja System or any services;
l. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Tellja System or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Tellja System with another software program, and provided that the information obtained by you during such activities: (a) is used only for the purpose of achieving inter-operability of the Tellja System with another software program; (b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (c) is not used to create any software that is substantially similar to the Tellja System.
m. transmit any material that is defamatory, offensive or otherwise objectionable in relation to the Referrer's use of the Tellja System or any services;
n. use the Tellja System or any service in a way that could damage, disable, overburden, impair or compromise Tellja's systems or security or interfere with other users of the Tellja System;
o. collect or harvest any information or data from the Tellja System or attempt to decipher any transmissions to or from the servers running the Tellja System or any Tellja service.
11. Consequences of breaches by Referrers or unauthorized use
11.1 In the event that a Referrer uses the Tellja System in b1each of these Terms and Conditions, Tellja shall have the right to exclude the Referrer from further use of the Tellja System and block the Referrer's access to the Tellja System, and terminate this agreement in accordance with section 14.
11.2 The Referrer will be informed by e-mail if his or her user account has been blocked and will, pursuant to section 14.3 be afforded an opportunity to respond. Any referrals that have already been sent will be settled and any outstanding rewards will be paid by Tellja as agreed, unless the Referrer has objected to the use of his data.
11.3 Any other rights or claims of Tellja, including, without limitation, termination rights and claims for damages, shall remain unaffected thereby.
12. Disruption suspension, or termination of service
12.1 Tellja shall have the right to disrupt, or suspend its services:
a. in an emergency; or
b. where urgently needed work or other operational maintenance or improvements are required to be carried out on the Tellja System; or
c. if Tellja is obligated to comply with an order or directive issued by a court or government agency that makes it unlawful or impossible to provide the services; or
d. the Tellja System is made available for use via Facebook or WhatsApp, and the operator of Facebook or WhatsApp has prohibited any further use of Facebook or WhatsApp, or features of Facebook or WhatsApp, for referral marketing by Tellja.
In all such cases, save where services are terminated, the Tellja System will be restored as soon as reasonably practicable.
12.2 Tellja shall have the right to suspend or terminate a Referrer's access to the Tellja System if:
a. the agreement is terminated; or
b. there is reason to suspect that systems of the Referrer or use of the Tellja System by the Referrer poses, or threatens to pose, a risk of loss or damage to Tellja or any third parties, including a risk of spreading viruses or putting an excess load on the system as a result of the Referrer using the system in breach of these Terms and Conditions; or
c. there is reason to suspect that the Referrer is misusing the Tellja System, including but not limited to the fraudulent or unauthorized use of the Tellja System; or
d. the Referrer is otherwise in breach of these Terms and Conditions.
12.3 If possible, Tellja shall provide Referrers with prior notice, or, in the alternative, with prompt subsequent notice, of any disruption, suspension or termination of services, including the anticipated duration of the disruption, in the Referrer Portal. Where the disruption, suspension or termination is made under section 12.2 above, Tellja shall afford Referrers an opportunity to respond.
12.4 Tellja shall have no liability to any Referrer for any disruption, suspension or termination howsoever caused.
12.5 Any rights to refuse performance in accordance with applicable law shall remain unaffected thereby.
13. Rewards, payment
13.1 For each successful referral Referrers will receive the reward shown in the Widget. Rewards are conditional on the success of referrals. No other amounts are paid by Tellja.
13.2 A successful referral is a referral that is sent by a Referrer to a recipient via the Tellja System for certain products or services approved for referral on the Advertiser's website and that results in a contract for valuable consideration between the Advertiser and the recipient of the referral for the specific product or service recommended by the Referrer, provided that the following requirements are satisfied:
a. the recipient of the referral is a natural person (as defined in section 3) and a new customer of the Advertiser as defined below;
b. the order is placed online within 30 calendar days from the date of the referral e-mail or WhatsApp message, directly after the link included in the referral e-mail or WhatsApp message is clicked;
c. the contract with the new customer is concluded electronically (i.e. an online purchase) within 90 calendar days from the date the referral is sent;
d. the new customer does not exercise his or her legal right to cancel the contract or to return the product within 14 calendar days from the date the contract is concluded; and
e. the causal relationship between the referral and the conclusion of the contract between the Advertiser and the new customer can be demonstrated via the cookie placed by Tellja on the device of the recipient of the referral or, in the event of referrals made via Facebook, via a clear assignment ID issued by Facebook.
13.3 A new customer is a purchaser of recommended products and services who in the three months preceding the date of the contract with the Advertiser had no contractual relationship with the Advertiser with respect to the recommended products or services and who is not identical to the Referrer.
13.4 With respect to section 13.2(e), Tellja hereby expressly advises Referrers that recipients of e-mails may deactivate cookies in their systems, thereby making it impossible to track referrals. In such cases Referrers will have no claims for rewards because Tellja lacks the technical means to establish the success of referrals. Referrers are advised that they are responsible for making sure that recipients do not deactivate cookies in their systems.
13.5 Tellja further advises Referrers that when referrals are made via Facebook, Tellja will be able to assign contracts with new customers to Referrers only if Facebook issues a clear assignment ID to Tellja. Otherwise, Referrers will have no claims for rewards because Tellja lacks the technical means to establish the success of referrals. Tellja has no control over whether Facebook issues assignment IDs. This is within the sole discretion of Facebook. When referrals are made via WhatsApp, referrals can be successful only if recipients of referrals click on the online ad in the referral e-mail using the link included in the WhatsApp message and trigger an order via the included link.
13.6 Brokerage activities related to contracts of new customers in violation of the terms prohibiting misuse set forth in section 11 of these Terms and Conditions cannot result in successful referrals and shall give rise to no claims for rewards.
13.7 Tellja will notify each Referrer at the end of each month of the tracked status of the Referrer's referrals via the Referrer Portal by entering the appropriate information in the Tellja System, including the success or lack of success of the Referrer's referrals.
13.8 Rewards for successful referrals will be paid by Tellja in the month following the month in which the successful referral is confirmed by the Advertiser. As a general rule, successful referrals will typically be confirmed within 12 weeks from approval of the referral by the Advertiser although this cannot be guaranteed.
13.9 Rewards for successful referrals must be claimed by Referrers within one year from the date that Tellja confirms to the Referrer via the Referrer Portal, and in accordance with section 13.7, that their referral was successful. After such date, the Referrer will no longer be able to claim the reward. It is the Referrer's sole responsibility to take the necessary action to claim the reward within the one year period (including but not limited to entering their bank details onto the Tellja System). Tellja assumes no responsibility for the Referrer's failure to take such action and no rewards will be paid after the end of the one year period.
13.10 In the event that the payment of any Reward fails as a result of the provision by the Referrer of incorrect bank details ("Failed Reward"), Tellja shall notify the Referrer that payment could not be made and request updated payment details. Following receipt by Tellja of the Referrer's correct bank details, and prior to effecting payment of the Failed Reward to the Referrer, Tellja shall be permitted to deduct from the total sum due the bank charge incurred as a result of the Failed Reward together with a €5 administration fee. In the event that the Failed Reward is lower than the bank charge and administration fee, the Referrer shall be notified of the same and no payment will be made to the Referrer in respect of such Failed Reward.
14. Term and termination of agreement
14.1 The agreement between the Referrer and Tellja (including these Terms and Conditions) shall take effect on the date the first referral is sent by the Referrer, and shall have an indefinite term.
14.2 The agreement may be terminated by either party for any reason, subject to the giving of at least three (3) work days (Monday to Saturday) written notice. The right to terminate the agreement for cause shall remain unaffected thereby.
14.3 Tellja may terminate the agreement by written notice to the Referrer if the Referrer commits a material or persistent breach of these Terms and Conditions, which the Referrer fails to remedy (if remediable) within fourteen (14) calendar days after the date of written notice.
14.4 Notices of termination by Referrers shall be e-mailed to Tellja using the following e-mail address: email@example.com. Notices of termination by Tellja will be sent to the e-mail address last specified by the Referrer in the Referrer Portal. If a Referrer has not registered to use the Referrer Portal, Tellja may also e-mail notice of termination to the e-mail address that was used by the Referrer for sending referrals.
14.5 On termination for any reason:
a. all rights granted to the Referrer under these Terms and Conditions shall cease;
b. the Referrer must immediately cease all activities authorised by these Terms and Conditions, including the use of the Tellja System;
c. the Referrer access the Referrer Portal, during the notice period specified in section 14.2 above, in order to copy or remove any data stored on the Referrer Portal by the Referrer including for example the Referrer's address book.
d. Tellja will deactivate and delete the Referrer's designated area of the Referrer Portal, and block the Referrer's access to the Tellja System, after the agreement has been fully performed, unless the Referrer demands earlier deactivation or deletion or blocking of his or her data.
15. Data protection and Privacy
15.1 How Tellja collects personal data. Tellja will collect and process, in accordance with applicable law (including without limitation the Data Protection Act 1998) the following data about Referrers:
a. Information provided by Referrers.This is information that Referrers give Tellja by filling in forms on the Tellja System, the Widget and in the Referrer Portal, or by corresponding with Tellja by telephone, e-mail or otherwise. The information Referrers give to Tellja may include the Referrer's name, address, e-mail address and telephone number, a contract number which identifies the Referrer as an existing customer of the Advertiser, and, for the purpose of receiving rewards, financial and bank information.
b. Information Tellja collects about Referrers. Tellja automatically collects and processes each instance in which a Referrer accesses the Referrer Portal and/or the Widget and interacts with the e-mails. This includes the collection and processing of the following information: (a) technical information, including the Internet protocol (IP) address used to connect the Referrer's device to the Internet, user agent string, server timestamp of request, session ID, HTTP referrer; and (b) information about the Referrer's visit, including the full Uniform Resource Locators (URL), cookie information, clickstream to, through and from the Referral Portal and/or the Widget (including date and time), length of visits (opening and close times), last successful login, failed logins whether an e-mail sent by us was opened; and (c) any telephone number used to call Tellja's customer service number.
15.2 How Tellja uses personal data. Tellja uses information held about Referrers in the following ways:
a. to carry out its obligations under these Terms and Conditions and to provide any information and services that Referrers request from Tellja;
b. to allow Referrers to use the Tellja System and access the Referrer Portal;
c. to determine whether Referrers are entitled to receive rewards;
d. for purposes of data protection, data security and guaranteeing the proper operation of Tellja's data processing system;
e. to notify Referrers about changes to the Tellja System, these Terms and Conditions or other purposes connected with Referrers' use of the Tellja System;
f. to ensure that content is presented in the most effective manner for Referrers and the devices used to access the Tellja System;
g. to administer the Tellja System and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
15.3 When Tellja may share personal data. Referrers agree that Tellja has the right to share their personal data:
a. with Advertisers, business partners, suppliers and sub-contractors for the performance of Tellja's obligations under these Terms and Conditions, including for the purpose verifying the validity of claims for rewards;
b. in the event that Tellja sells or buys any business or assets, in which case Tellja may disclose Referrer's personal data to the prospective seller or buyer of such business or assets;
c. if Tellja or substantially all of its assets are acquired by a third party, in which case personal data held by it about its users will be one of the transferred assets;
d. if Tellja is under a duty to disclose or share a Referrer's personal data in order to comply with any legal obligation, or in order to enforce or apply these Terms and Conditions, or to protect the rights, property, or safety of Tellja, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Tellja reserves the right to subcontract third parties to render services, and to transfer personal data to such third parties to the extent necessary. Personal data will not be disclosed to any other third parties, unless this is permitted under applicable law or the Referrer has consented to disclosure.
15.4 How Tellja stores personal data. All information Referrers provide to Tellja is stored on Tellja's secure servers in the Federal Republic of Germany. Any payment transactions will be made by bank transfer or by such other means of transfer as may be used by Tellja in the future. Unfortunately, the transmission of information via the internet is not completely secure. Although Tellja will do its best to protect personal data, Tellja cannot guarantee the security of data transmitted using the Tellja System; any transmission is at the Referrer's own risk. Once Tellja has received personal data from Referrers, it will use strict procedures and security features to try to prevent unauthorised access. Tellja may transfer to and store personal data at a destination outside the European Economic Area ("EEA"). Personal data may also be processed by employees operating outside the EEA who work for Tellja or for one of its suppliers. This includes employees engaged in, among other things, the processing of payment of rewards and the provision of support services. By submitting personal data, Referrers agree to this transfer, storing or processing. Tellja will take all steps reasonably necessary to ensure that personal data is treated securely and in accordance with these Terms and Conditions.
15.5 Links to other websites. Tellja's website, or the Tellja System may, from time to time, contain links to and from the websites of Advertisers or Tellja's partner networks, and affiliates. Please note that these websites have their own privacy policies and that Tellja does not accept any responsibility or liability for these policies. Referrers are advised to check these policies before submit any personal data to these websites.
15.6 Sending referrals. To send referrals, Tellja also collects, processes and uses the name and e-mail addresses of recipients together with any contract number [issued by Virgin Media]. To the extent necessary, Tellja will process and use the aforementioned personal data to verify the validity of claims for rewards. This may require that personal data (name, mailing address of the user, product or service recommended by the Referrer, along with the corresponding advertising date and order ID) be disclosed to the Advertiser with the consent of the user, if applicable, or as permitted by applicable law.
15.7 Payment of rewards to recipients or third parties. If the Referrer has designated other reward recipients, Tellja will collect, process and use their first and last names, addresses and, in the case of cash rewards, bank account information for the sole purpose of paying rewards.
15.8 Voluntary data. If a Referrer makes available data on a voluntary basis (for example, for the management of his or her referrals in the Tellja System or in connection with the address book function), such data will be stored only for purposes of the functionality made available by Tellja, but will not be used by Tellja. Referrers remain personally responsible for the content of all such data. Such data may be deleted by Referrers independently at any time. Data that are made available on a voluntary basis are data that are designated by Tellja as optional information for the performance of the agreement.
15.9 What happens to personal data when the agreement ends. When the agreement has been fully performed, personal data of Referrers that must be kept on record for legal reasons will be blocked. Such data will not be processed or used for any other purposes beyond the aforementioned legal reasons. Finally, personal data will be deleted, if Referrers have not expressly consented to further processing and use of their data.
15.10 Use of personal data for other purposes. Tellja shall not use personal data for any other purposes except with the prior consent of the Referrer, recipient or third party (as applicable).
15.13 Further information. Additional information about data protection at Tellja is available at https://www.tellja.eu/en/publication-details/data-privacy-policy.html or under the corresponding link entitled "Data Protection Information" in the Widget.
15.14 Referrers' right to access information. The Data Protection Act 1998 gives Referrers the right to access information held about them. This right of access can be exercised in accordance with the Data Protection Act. Tellja will provide Referrers with information about their stored personal data upon request. Requests should be e-mailed to firstname.lastname@example.org.
16. Liability of Tellja
16.1 Tellja only provides the Tellja System, the Widget, the Referrer Portal and all associated services for domestic and private use only. The use of the Tellja System, the Widget, the Referrer Portal and/or Tellja's services for any commercial or business purpose is prohibited and Tellja shall have no liability to the Referrer for any loss of profit, loss of business, business interruption or loss of opportunity.
16.2 Nothing in these Terms and Conditions shall limit or exclude our liability for:
a. death or personal injury resulting from Tellja's negligence;
b. fraud or fraudulent misrepresentation; or
c. any other liability that cannot be excluded or limited by English law.
16.3 Any other liability of Tellja is hereby excluded.
16.4 Tellja shall not be liable or responsible for any failure to perform, or any delay in performing, any of its obligations under these Terms and Conditions that is caused by any act or event beyond Tellja's reasonable control, including without limitation failure of public or private telecommunications networks. If such an event takes place:
a. Tellja's obligations under these Terms and Conditions will be suspended and the time for performance will be extended for the duration of the event; and
b. Tellja will use its reasonable endeavors to find a solution by which its obligations may be performed despite the event.
16.5 Facebook is not an agent of Tellja. Tellja assumes no liability for any measures or decisions of Facebook.
16.6 WhatsApp is not an agent of Tellja. Tellja assumes no liability for any measures or decisions of WhatsApp.
17. Other Important Terms
17.1 Referrers shall not assign or otherwise transfer agreements with Tellja, in whole or in part, to another person, except with the consent of Tellja.
17.2 Tellja may transfer its rights and obligations under these Terms and Conditions to another organization, but this will not affect your rights or Tellja's obligations.
17.3 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
17.4 If Tellja fails to insist that the Referrer perform any of his or her obligations under these Terms and Conditions, or if Tellja does not enforce its rights against the Referrer, or if it delays in doing so, that will not mean that Tellja have waived it rights against the Referrer and will not mean that the Referrer does not have to comply with those obligations. If Tellja does waive a default by the Referrer, it will only do so in writing, and that will not mean that it will automatically waive any later default by the Referrer.
17.5 Tellja may at any time make changes to these Terms and Conditions effective as of a future date. Tellja will provide Referrers with notice of any such changes four weeks prior to the effective date. If a Referrer disagrees with changes, the Referrer may terminate this agreement by e-mailing notice of termination in written form or text form to email@example.com at least three (3) work days (Monday to Saturday) prior to the effective date.
17.6 Each of the provisions of these Terms and Conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
17.7 These Terms and Conditions, their subject matter and formation are governed by the law of England and Wales. The Referrer and Tellja agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if the Referrer is a resident of Northern Ireland or Scotland, the Referrer may also bring proceedings on Northern Ireland or Scotland (as applicable).