Four Business Solutions Ltd, having its corporate headquarters at 120 Pall Mall London, SW1Y 5EA (hereafter referred to as “Four”) is the owner of the “4Tune Reward Scheme” (hereafter referred to as the “Scheme”). Four Business Solutions Ltd is the appointed exclusive distributor in EMEA for Contract Insight from Cobblestone Systems (USA company)
The scheme is a sales incentive which tracks individual or team participants’ performance on the invoiced sale of Contract Insight as they appear in Four Business Solution’s sales reports. Four reserves the right to withhold points should payment for invoice not be received.
Four has the right to change, limit, modify or cancel the scheme terms and conditions, points, eligible sales/products and rewards at any time, with or without notice, even though such changes may affect the value of points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards. Resellers will be given 30 days notice of any changes.
Participation in the Scheme is subject to these terms and conditions, and the terms and conditions, rules, policies and procedures (hereafter referred to as the “Scheme Terms”) that Four may, in its discretion, adopt from time to time. Four may amend the Scheme Terms at anytime without notice.
Four has the sole discretion to interpret and apply the Scheme Terms. By taking part in the Scheme, the Individual or Team (hereafter referred to as “Participant”) represents that it understands and agrees to be bound by the Scheme Terms, as may be modified from time to time, and the decisions of Four which are final and binding.
Eligibility
For the purposes of this Scheme a participant is defined as a person that is an indirect reseller that purchases Contract Insight from Four, the Authorized Distributor.
All others are ineligible and will be disqualified.
Individual and Team Participants must be current contracted or full-time employees of an eligible Reseller and participate in the scheme with its permission.
Individual and Team Participants will only be able to participate in and redeem rewards from this Program after each Participating Individual and Team Member has accepted these Program terms.
Program Participants should use their username and password when registering for the Program.
Acceptance by an Individual or Team Member Participant of these Program Terms shall create a binding agreement between Four and these Participants.
Individual and Team Participants must remain contracted to or employed at or by the participating Reseller to retain membership of the Scheme. If Individual Participants or Team Members leaves their Participating Reseller any then-outstanding points, shall be transferred to another participant or team member within the original reseller with immediate effect and their membership will cease.
If the Participating Company is removed from the Scheme, Individual and Team Participants will have thirty (30) calendar days to redeem any then-outstanding points, after which time all remaining points shall expire (without liability to the affected Participating Company or Individual Participant or Team Member) and their membership will cease.
Four reserves the right to disqualify any Participating Company, Individual Participant or Team and cancel (without liability to the affected Participant – Individual, Team and Company) all associated points if Four determines, at its sole discretion.
Four reserves the right to discontinue the Scheme at any time. Should this occur, the Participating Individual or Team Participants shall then have thirty (30) calendar days to redeem any then-existing outstanding points, after which time all remaining points shall expire (without any liability on Four or the affected participant – individual, team and company) and their membership shall cease.
Participation
To participate, the Participant must generate orders for new or additional software seats and be invoiced for eligible products and resell such products, solutions or services to end users.
Individual Participants and Team Leaders agree to be contacted via phone, email, or standard mail at any time while participating in this Scheme.
Points can only be allocated for invoiced sales of the eligible products by participating resellers.
Four has the right to offer bonus points at its sole discretion throughout the lifetime of the Scheme.
Cancelled orders will be checked by the Four Rewards Program Customer Care Team and any points previously awarded against the purchase of a cancelled order will be deducted from the Individual Participant or Team.
Individual Participants and Team Members can only claim points on a new software sale or incremental sale of seats or licences to an existing client.
Eligible Products
Four reserves the right to add or subtract Eligible Products from time to time and without notice.
Claims
Following valid registration for the Scheme, any sales of Contract Insight (or eligible products) generated by the Individual or Team Member Participant will earn Points.
Four is responsible for notifying the Individual or Team Member Participant at the end of each calendar month the numbers of points they have earned on qualifying sales of Contract Insight.
Individual and Team Participants can only earn points on sales invoiced in the month of their registration acceptance date into the Scheme and subsequent sales.
1 point is awarded for sale of 1 concurrent user seat. Four reserves the right to change the value of a point and seat at any time. The Reseller Website will contain up to date information on value of seat.
Four reserves the right to cancel points after twelve (12) months of inactivity, as defined by not making and claiming qualified sales within the Scheme.
In the event a claim for points is denied, Individual or Team Member Participants have thirty (30) calendar days to appeal the denial. Appeals made after thirty (30) calendar days of the denial date will not be considered.
Accelerated Points
From time to time there may be promotional offers for the Scheme, which provide Individual and Team Participants an opportunity for a limited time to earn additional points as defined by the terms of the offer; such terms will be in addition to these Scheme Terms.
Earning Restrictions
Points earned are not transferable, have no cash value. If there is any abuse of the Scheme , non-compliance, failure to follow Scheme Terms or any misrepresentation by an Individual or Team Participant, all unredeemed points shall be forfeited and no additional points shall be accumulated, and Individual or Team Participants may be disqualified from the Scheme. Any fraud or abuse related to the accrual or redemption of points will result in forfeiture of accrued points as well as disqualification from the Scheme. Points forfeited for any reason will not be reinstated to an Individual or Team Participant’s account.
Redemption
Individual and Team Participants can only redeem points for sales generated in the month their registration into the Scheme was accepted, and subsequent months after such a date. Verified points will be transferred to Individual and Team Participants ‘account’ when they are verified by Four.
Most claims for points will be verified within thirty (30) calendar days. In exceptional circumstances, to be determined by Four at their sole discretion, the verification process may extend beyond this time limit and Four shall assume no liability in connection therewith.
Individual and Team Participants may redeem their verified and awarded points for vouchers available on the Four Rewards Scheme. A list of these can be obtained by emailing Four.
Four as well as its officers, directors, shareholders, employees, agents, and attorneys will be held harmless from any problems including but not limited to personal injury or property damage that may occur during the course of on in connection with any reward trips or activities. To the fullest extent permitted by law Participants agree, as a condition precedent of participating in the Scheme, to waive any claims they may have against Four, and to indemnify and hold Four harmless against and from any claims, disputes, suits, causes of action, demands, liabilities, costs, damages, expenses (including but not limited to reasonable attorney’s fees) incurred by Individual or Team Member Participants and/or their relatives or any persons to whom they might have transferred their trip / activity entitlement or reward as a result or in connection with such trips / activities including but not limited to loss of luggage or other personal belongings, death or personal injury. Participants agree to assume all risk incidents in connection with the reward trips / activities.
Reward Points Restrictions
Redeemed rewards or vouchers are not refundable, replaceable, or transferable for cash or other rewards under any circumstances. Neither an employer nor any third party may claim rewards on behalf of the Individual Participant.
Redeemed awards in the Scheme may not be re-sold, bartered, or exchanged for other goods or services. All rewards and vouchers are subject to availability. Four reserves the right to substitute rewards or vouchers of equal or greater value at its discretion.
Rewards are valid at participating merchants only and reward items in the program are subject to change.
Rewards have no cash value and may not be redeemed for cash or its equivalent, and any unused portion will not be reimbursed in cash.
Use of any reward is subject to any additional restrictions of the reward manufacturer or service provider.
Four is not responsible for and expressly disclaims any and all liability relating to the quality and performance of any goods and services offered as a reward in the Scheme as well as to any damages that might arise from use of any such goods or services.
In some occasions depending on the type of reward, please allow 6-8 weeks for delivery of the item(s). In certain circumstances and/or country, the delivery time may be longer. Individual and Team Participants are solely responsible for any and all tax consequences and liability relating to any rewards redeemed.
All redemptions are final. Points credits will not be issued for cancelled, exchanged or returned rewards / vouchers.
Important Notice
All Individual and Team Member Participants are responsible for compliance with any and all laws, rules, regulations, employment, contractual limitations, and employer’s policies regarding Individual and Team Member Participant’s eligibility to participate and/or receive reward(s) in this Scheme. If an individual is participating in violation of their employer’s policies, that individual and its employer may be disqualified from this rewards scheme and/or from receiving rewards. Four disclaims any and all liability or responsibility for disputes in law, or arising between an individual and their employer related to this matter.
Taxes
Point redemptions may be considered taxable benefits depending on the domestic legislation in the respective countries where the program is rolled out and where Individual and Team Participants receive the reward. Four will not be responsible under any circumstances for any tax or other liabilities arising from the taxability to the individual or the employer of these point redemptions or from the use of the awards. This responsibility shall be entirely of the Individual or Team Member Participant.
In the event that income tax or other liabilities become due and payable, the Individual or Team Member Participant shall be responsible to pay all applicable income taxes, regardless of whether the Participating Company requires that the Individual or Team Member Participant transfers ownership of the value of the redemption/award to the Participating Company.
Unless stated otherwise by Four, the award and redemption of all points and the payment or appropriation of all rewards shall be deemed to be inclusive of all taxes or excise duties by applicable law in the respective countries.
Unless required by law, Four is not responsible and shall have no liability for the payment of any taxes, duties or like levies on any Individual or Team Member Participants or Participating Companies. In the event that Four is held liable by any tax authority for any taxes, excises, duties or like liability arising from the award or redemption of any points, the Participating Company and/or Individual or Team Member Participant shall be deemed to have agreed to jointly and severally indemnify Four against the payment of any and all such charges and liability.
Miscellaneous
Four cannot operate the Program without processing data supplied by and attributable to the Participants. Such data may include personal data attributable to Participants, or attributable to the employees of Individual or Team Participants and their contractors.
Processing of personal data will be required to register Participants, award points, redeem points, and will include all incidental processing necessary to operate the Program in accordance with these terms. Participants should anticipate that such processing shall be undertaken by Four, its sub-contractors and other members of the group of companies to which Four belongs. By accepting these terms each Participant consents to the processing of the information and personal data supplied to Four as outlined above.
Individual and Team Participants grant Four and it’s agents and assignees full permission and authority to use, publish and display their name, voice, and photograph or other likeness, as well as identifying information such as the name of the of the Individual Participant or Team’s employer, for advertising or other related purposes in any media without additional compensation.
Four reserves the right, at its sole discretion; to cancel or suspend the Scheme should viruses, bugs, unauthorized human intervention, or other causes beyond the control of Four, in the company’s sole opinion, corrupt the administration, security, fairness, integrity, or proper operation of the Program. In the event of cancellation, Four may require Participants to redeem all transferred points within ninety (90) calendar days of cancellation or suspension.
Four reserves the right to cancel or modify this Scheme as determined by Four in its sole discretion. Any modification to the Terms and Conditions shall be communicated to the Participants by regular mail, email or by posting on the Four Reseller Website.
Please check these Terms and Conditions frequently, as Four may from time to time unilaterally amend the Terms and Conditions by posting revised language on the Reseller Website. The most up-to-date version of these Terms and Conditions will always be available for your review on the Reseller Website. Amendments will be effective at the time they are posted on the Reseller Website. Your continued use of the Website after amendments are posted will constitute your acceptance of such amendments. Resellers will be notified in writing of any amendments to these Terms and Conditions.
Assumption of risk, waiver of liability & indemnity agreement
ASSUMPTION OF RISK: I understand that participation in the following activity, 4Tune Rewards Scheme Activities (hereinafter, “The Activity”) carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injuries or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. I further understand that the risks of The Activity may include use of roads, trails, hotels, vehicles, boats or other means of conveyance that are not operated nor maintained to customary and usual standards; accident or illness without access to means of rapid evacuation or availability of medical supplies; the inadequacy of medical attention once provided; physical exertion for which I am not prepared; or negligence by those participating in The Activity or supplying any services in connection therewith. I fully understand, acknowledge and recognise that such risks and activity may be beyond the accepted safety and health standards of my life at home or work, yet they will contribute to my enjoyment and excitement and are a reason or my voluntary participation.
I have read and understand the previous paragraph. I know, understand, and appreciate these and other risks that are inherent in The Activity. I hereby assert that my participation in The Activity is voluntary and that I knowingly assume all such risks of injury, illness, death or other loss arising from or related to my participation in The Activity. I further understand that my participation in The Activity is subject to the sole discretion of Four Business Solutions Ltd which is sponsoring The Activity.
RELEASE OF LIABILITY: Consistent with the above assumption of risk and to the fullest extent allowable by law and in consideration for being permitted to participate in The Activity, I, for myself, my heirs, personal representatives, executors and assigns, do hereby release, waive, forever discharge, and covenant not to sue Four Business Solutions , its subsidiaries and affiliates, and their respective officers, directors, shareholders, employees, agents and attorneys (hereinafter collectively referred to as “Four”) from any and all manner of claims (including, but not limited to individual or class action claims, claims for monetary or equitable relief and claims for actual or punitive damages), demands, actions, causes of action, liability, and damages of any kind whatsoever, including but not limited to claims arising out of, based upon or related to the actual or alleged negligence or reckless misconduct of Four, resulting in personal injury, accidents, or illnesses (including death) and property loss arising from, related to or in connection with participation in The Activity. I understand that this release shall be binding upon my heirs, personal representatives, executors and assigns.
INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD FOUR HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought against Four as a result of or in connection with my involvement in The Activity and to reimburse Four for any such expense incurred.
SEVERABILITY: I further expressly agree that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the applicable law and that if any portion is held valid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
ACKNOWLEDGMENT OF UNDERSTANDING: I am 18 years of age or older. I have carefully read this waiver of liability, assumption of risk and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I understand that I have right to have my attorney review this agreement. I acknowledge that I am signing this agreement freely and voluntarily, and intend by my signature for this to a complete and unconditional release of all liability to the greatest extent allowed by law.
By clicking on the “I accept” button, and electronically signing you agree to be bound to all the terms and conditions set forth herein.
You herby expressly state that: (i) you have read and understood all the terms and conditions set forth herein; and (ii) the person who executes this Agreement has full powers to represent the company for the purposes hereof. You may also want to print this page for your records before continuing.
