These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of The Referral Factory's (“Provider” or “The Referral Factory”) website located at the domain name www.the-referral-factory.com (“the Website” or the “Service”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content (as defined herein below) obtained on the website for any purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
What is a cookie?
A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser, and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.
Our Website utilises first and third party cookies. This enables us to: a) Improve the User’s experience on our Website through various means such as storing preferences (like keeping a User logged in and remembering users who have already requested early access) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics. b) Provide more relevant Display Advertising to Users who have visited the Website using third party tools such as the Google Analytics Remarketing. c) Collect your web behaviour on the Website or third party commercial partner and sponsor websites, to supplement the personal information which The Referral Factory has about you, for the purpose of conducting business, marketing and analysis for The Referral Factory and The Referral Factory related products and services. Trackable web behaviour on partner sites are only for use by The Referral Factory and parties given permission for data analysis purposes.
Cookie Opt out
Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because many of our Website’s features utilise cookies, we recommend that Users do not block them.
Updating of these Terms and Conditions
The Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
‘Personal identifiable information’ is information that can be used uniquely to identify you, such as your name, mailing address, email address, telephone numbers and credit card number. In order to provide you with service on this website, we may require that you provide us with personal identifiable information.
The Referral Factory may have to share your personal identifiable information with other companies or entities (third parties) with which we have a business relationship in order to provide the service you have requested. These third parties do not have the right to use the personal information we share with them beyond what is necessary to deliver your requested service.
The Referral Factory does not collect personally identifiable information about individuals except when such individuals specifically provide such. For example, such personally identifiable information may be gathered from the sign up for early access process or for various competitions run on this website. Information will be gathered on a voluntary basis.
The Referral Factory shall not transfer personally identifiable information on individual users to unaffiliated third parties without the approval of the user at the time of collection. At such points of collection, the user will have the opportunity to indicate whether he/she would prefer not to receive promotional and/or marketing information about other products, services and offerings from and/or any third parties.
Further, notwithstanding any such preference not to receive promotional information by the user, The Referral Factory reserves the right to contact the user regarding account status, changes to the terms and conditions and other matters relevant to the underlying Services and/or the information collected.
The Referral Factory further reserves the right to perform statistical analyses of user behaviour and characteristics in order to measure interest in and use of the various areas of the Site and the Services and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners if applicable. We may disclose your information to commercial partners, sponsors, agents and subcontractors, for any of the above purposes. The Referral Factory may also perform statistical analyses of trackable web behaviour of commercial partner or sponsor websites to supplement the information The Referral Factory has about you- this information is only for use by The Referral Factory and parties given permission to conduct data analysis. In addition, we may disclose your information where we are legally obliged to do so in terms of the laws of the The Netherlands.
Copyright and Intellectual Property Rights
The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Imagery, Graphic Works, Icons, Buttons, Statistics, Designs, and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are subject to copyright in favour of the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by Dutch and international copyright laws. The Provider reserves the right to make any changes to the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limited License to General Users
The Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, and otherwise view the current and future Content for personal, non-commercial and information purposes only. This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of the Provider. The license does not allow the User to collect website content, product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of the Provider.
The Provider and the Owners, their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by the Provider from its offices within The Netherlands. Access to the Website from territories or countries where the content or purchase of the products or services sold on the Website is illegal is prohibited. The User may not use this Website in violation of Dutch export laws and regulations. If the User accesses this Website from locations outside of The Netherlands, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of The Netherlands, and the User consents to the jurisdiction of the Dutch High Court of The Netherlands, in the event of any dispute.
If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
This website is run by The Referral Factory, based in The Netherlands at: