This page sets outs the terms and conditions that apply in relation to your coaching and/or nutritionist business’s (in each case “Business”, “you” or “your”) participation in HIGH5’s (“HIGH5”, “we”, or “our”) Coaches, Nutritionists & PT (Personal Trainer) Rewards Programme (“the Programme”).
By submitting an application and participating in the Programme you must be aged 18 years or above. By submitting an application to participate in the Programme, you warrant and represent that you have authority to act on behalf of your Business and have read, understood and agree to these terms and conditions for and on behalf of your Business. It is your responsibility to ensure that any person(s) with access to the unique discount code is made aware of these terms and conditions.
The purpose of the Programme is to provide coaches, nutritionists and PTs with high quality, scientifically formulated, sports nutrition products at discounted prices and commission on qualifying purchases (using a unique discount code).
There will also be a number of added benefits that will be awarded on a case by case basis at HIGH5’s discretion and dependent upon your level of engagement within the Programme.
The Programme will run until midnight on the 31St December 2020. We will then review its status.
Eligibility criteria and entry onto the Programme
To be eligible for consideration for participation in the Programme, you must:
Upon receipt of your application, we will review the application and decide, in our sole discretion, whether to allow or reject your entry to the Programme. We will confirm acceptance onto the Programme in writing.
On written acceptance of your participation in the Programme, we will issue you with a unique promotional code (“Discount Code”) which you may distribute amongst your clients, Business staff (if relevant), friends and family (any user of your Discount Code shall be a “Discount Code User”) to receive the following benefits, subject always to compliance with these Terms and Conditions and the Discount Code Rules (see below) [link to section if possible]:
All uses of the Discount Code must be in accordance with the Discount Code Rules (see below) [link to section if possible] and any benefits are subject to adherence with such rules. Purchases and discounts are subject to the HIGH5 Terms of Sale on highfive.co.uk [link to terms of sale].
HIGH5 reserves the right to modify or discontinue, temporarily or permanently, the discount and/or commission and/or other Programme benefits (and associated conditions) without prior notice at any time during the Programme.
The Discount Code may only be used in accordance with the following Discount Code Rules:
You warrant, represent, and undertake to only use the Discount Code in accordance with the Discount Code Rules.
HIGH5 reserves the right to amend the Discount Code Rules without prior notice at any time during the Programme. Without prejudice to any other rights and/or remedies available to us in these terms and conditions or under applicable law, in the event that we become aware of any breach of these Discount Code Rules or misuse of the Discount Code, we reserve the right to end your participation in the Programme (see further below) [link to section if possible].
HIGH5 may from time to time share information about the Programme, participation, and other achievements on our online channels including our website, social media channels, blogs and email newsletters.
By participating in the Programme, you agree to the above and to support HIGH5 in the promotion of Programme and the HIGH5 brand by providing photographs and other content for use by HIGH5. You shall, upon reasonable request, provide HIGH5 with photographs, images, materials and other content (collectively “Programme Content”) for HIGH5 to use on its social media channels, email newsletters or on its website. You warrant and represent that you are authorised to share the Programme Content and that you are the owner of the Programme Content, or that you otherwise have all necessary rights to share the Programme Content with HIGH5, and that HIGH5’s use of any such Programme Content shall not infringe any rights, including intellectual property rights, of a third party. You shall indemnify HIGH5 from and against all damages, losses and expenses arising as a result of any action or claim of infringement of intellectual property rights of a third party arising from the use of the Programme Content.
You may choose to leave the Programme at any time by writing to us. Any valid commission you have accumulated during your participation in the Programme will be paid to your nominated account subject to the Value Cap and all the terms and conditions of the Programme having been complied with by you and the Discount Code Users at all times. Your Discount Code will be deactivated on leaving the Programme.
At our sole discretion, we may decide to terminate the Programme earlier than its end date on 31st December 2020. If we do so, any valid commission you have accumulated during your participation in the Programme will be paid to your nominated account subject to the Value Cap and all the terms and conditions of the Programme having been complied with by you and the Discount Code Users at all times.
Without prejudice to any other rights and/or remedies available to us in these terms and conditions or under applicable law, we reserve the right to end or suspend your Discount Code and/or terminate your participation in the Programme with immediate effect by giving you written notice if, in our sole discretion, we are of the view that:
If we terminate your participation in the Programme under any of the circumstances listed above then: (i) your Discount Code will be deactivated; (ii) the payment of any outstanding commission may be withheld or paid in our sole discretion; and (iii) we may require, within 10 working days following our request, that you reimburse HIGH5 for any commission that we have previously paid to you.
If you or any of the Discount Code Users or other individuals suffer any loss or damage arising out of or in connection with the Programme (including, without limitation, indirect, special or consequential loss), HIGH5 will not be liable for this. Nothing will exclude our liability for death or personal injury as a result of our negligence or fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by law.
Where your Business is set up as an incorporated entity (e.g. limited company, charitable incorporated organisation or other form of incorporated entity) these terms and conditions shall apply between HIGH5 and such incorporated entity set out in the application form on joining the Programme (or otherwise notified to HIGH5). The incorporated entity shall at all times be responsible for its clients’, clients’ staff (if applicable) and the Discount Code Users’ participation in the Programme.
Where your Business is not an incorporated entity, these terms and conditions shall apply between HIGH5 and you as an individual. You shall at all times be responsible for the Discount Code Users’ participation in the Programme.
We reserve the right to make changes to the Programme and to amend these terms and conditions relating to the Programme at any time. We will notify you of any material changes to the Programme and to these terms and conditions.
In the event of a discrepancy or any conflict between these terms and conditions and the details of the Programme in any promotional materials, these terms and conditions will prevail.
If any provisions of these terms and conditions are judged to be invalid, illegal or unenforceable, this will not affect or impact the continuation in full force and effect the remainder of the provisions.
These terms and conditions shall be governed by and construed exclusively in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the Courts of England.
Issue date: [01 ] August 2020.
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