Vehicle Solutions Referral Program – Terms of Use

1. Introduction and Acceptance

1.1.These Terms of Use (Terms) govern participation in the Vehicle Solutions Referral Program (Program) operated by Vehicle Solutions Australia Pty Ltd ABN 12 548 824 435 (Vehicle Solutions, we, us, our).
1.2.By creating a Referral Code or Referral Link, sharing one, or submitting your details through one, you agree to be bound by these Terms. If you do not agree, you must not participate in the Program.
1.3.These Terms apply in addition to any other terms and conditions that govern your use of Vehicle Solutions' products and services. If there is any inconsistency regarding the Program, these Terms prevail.

2. Definitions

In these Terms:

2.1.Referrer means a person who creates and shares a Referral Code or Referral Link.
2.2.Referred Person means a friend, family member or work colleague of the Referrer who submits their details to Vehicle Solutions using the Referrer's Referral Code or Referral Link.
2.3.Referral Code and Referral Link mean the unique code and web link generated for a Referrer through the Program.
2.4.Lead means the record created in Vehicle Solutions' customer relationship management (CRM) system when a Referred Person submits their details using a Referral Code or Referral Link.
2.5.Settled Lease means a vehicle lease arranged by Vehicle Solutions for the Referred Person that has been approved by the financier, executed by all parties, and settled (including delivery of the vehicle), and that has not been cancelled, rescinded or terminated within any applicable cooling-off period.
2.6.Referral Gift means the payment of $100 (AUD) described in clause 5.
2.7.Participant means a Referrer or a Referred Person.

3. How the Program Works

3.1.A Referrer may create a unique Referral Code and Referral Link through their Vehicle Solutions account or as otherwise made available by Vehicle Solutions.
3.2.The Referrer may share their Referral Code or Referral Link with friends, family members and work colleagues as many times as they wish, subject to these Terms.
3.3.When a Referred Person submits their details using the Referral Code or Referral Link, a Lead is created in our CRM system and attributed to the Referrer. A Lead is attributed to a Referrer only if the Referral Code or Referral Link is used at the time the Referred Person first makes their enquiry; referrals cannot be applied retrospectively.
3.4.If a Referred Person is referred by more than one Referrer, the Lead will be attributed to the Referrer whose Referral Code or Referral Link was used first, as recorded in our CRM system. Our records are final in determining attribution.
3.5.Once a Lead converts to a Settled Lease, both the Referrer and the Referred Person become eligible to receive a Referral Gift in accordance with clause 5.
3.6.Referral Codes and Referral Links are personal to the Referrer and must not be transferred to, sold to or used by any other person to obtain a Referral Gift.

4. Eligibility

4.1.To be eligible to participate as a Referrer, you must:
1. (a) be at least 18 years of age; and
2. (b) hold an Australian bank account in your own name.
4.2.A Referred Person is eligible only if they:
1. (a) are at least 18 years of age;
2. (b) are not the Referrer (self-referrals are not permitted, including referrals made under a different name, email address or entity); and
3. (c) hold an Australian bank account in their own name.
4.3.Employees, contractors and agents of Vehicle Solutions and their related entities are not eligible to participate in the Program.
4.4.Only one Referral Gift is payable to each party for each Referred Person, regardless of the number of leases that Referred Person enters into.

5. Referral Gift

5.1.Subject to these Terms, when a Lead converts to a Settled Lease, Vehicle Solutions will pay a Referral Gift of $100 (AUD) to the Referrer and a Referral Gift of $100 (AUD) to the Referred Person.
5.2.A Referral Gift is paid only once a Lead becomes a Settled Lease. No Referral Gift is payable for a Lead, enquiry, quote, application or approval that does not proceed to settlement.
5.3.Referral Gifts are paid by direct bank transfer into an Australian bank account held in the recipient's own name. Each Participant must provide accurate bank account details in the manner we request. Referral Gifts are not paid in cash, by cheque, as credit against a lease, or to a third party's account.
5.4.Vehicle Solutions will make reasonable efforts to pay Referral Gifts as soon as practicable, and no later than 10 days after the date the lease becomes a Settled Lease, provided that we have received valid bank account details and any verification we have requested under clause 8.
5.5.If a Participant has not provided valid bank account details within 90 days of our request, Vehicle Solutions may treat that Participant's Referral Gift as forfeited.
5.6.Vehicle Solutions is not responsible for any delay or failure in payment caused by incorrect bank details supplied by a Participant. Where a payment is made to an account using details supplied by the Participant, that payment discharges our obligation to pay the Referral Gift.
5.7.Referral Gifts are not transferable, cannot be exchanged for any other benefit and, unless we state otherwise, cannot be combined with any other promotion, discount or offer applying to the same lease.
5.8.All Referral Gift amounts are inclusive of GST, if applicable.

6. Participant Obligations

6.1.Each Participant must:
1. (a) not publish or distribute a Referral Code or Referral Link to the general public, including on coupon, deal or promotional code websites, public forums, paid advertising, search engine marketing, or public social media posts directed at people they do not know without the approval of Vehicle Solutions Australia Pty Ltd;
2. (b) not send unsolicited bulk communications (spam) containing a Referral Code or Referral Link, and comply with the Spam Act 2003 (Cth) and all other applicable laws when sharing it;
3. (c) not submit false, misleading or duplicate information, or create multiple accounts or identities, to obtain a Referral Gift; and
4. (d) not offer the Referred Person any part of the Referral Gift, or any other incentive, in exchange for using the Referral Code or Referral Link, unless we have approved it in writing.
6.2.Participants in the Program:
1. (a) must not make any statement, representation or guarantee on behalf of Vehicle Solutions, including about vehicle pricing, lease terms, tax outcomes, financier approval or savings, and must not hold themselves out as having any authority to act on behalf of or bind Vehicle Solutions;
2. (b) do not act as an agent, partner, employee, broker or representative of Vehicle Solutions, and nothing in these Terms creates any such relationship; and
3. (c) must not provide financial, credit or tax advice to a Referred Person in connection with the Program.
6.3.The Referral Gift is a gift of appreciation for a genuine personal recommendation. It is not a commission, fee or payment for arranging or introducing credit.

7. Privacy

7.1.When a Referred Person submits their details using a Referral Code or Referral Link, they consent to Vehicle Solutions collecting their personal information, creating a Lead in our CRM system and contacting them about our products and services.
7.2.A Referrer must not submit another person's details on their behalf. The Referred Person must submit their own details using the Referral Link or Referral Code.
7.3.Each Participant consents to Vehicle Solutions:
1. (a) recording that the Referred Person was referred by the Referrer;
2. (b) informing the Referrer whether a referral is in progress, has converted to a Settled Lease, or is otherwise ineligible, without disclosing any other details of the Referred Person's lease or personal circumstances; and
3. (c) collecting and using bank account details and identification for the purpose of verifying eligibility and paying Referral Gifts.
7.4.Vehicle Solutions handles all personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, available at Privacy Statement - Vehicle Solutions Australia.

8. Verification, Fraud and Our Discretion

8.1.Vehicle Solutions may require proof of identity, proof of relationship between the Referrer and the Referred Person, or other information reasonably required to verify eligibility before paying a Referral Gift.
8.2.Vehicle Solutions may, at its sole discretion, decline to pay a Referral Gift, suspend or cancel a Referral Code or Referral Link, or exclude a person from the Program, where it reasonably believes that a Participant:
1. (a) has not complied with these Terms;
2. (b) has engaged in fraudulent, dishonest or misleading conduct;
3. (c) is taking unfair advantage of the Program; or
4. (d) has made a referral that is not genuine, including where a Referral Code or Referral Link has been posted to coupon or promotional code websites for use by members of the public who are not friends, family members or work colleagues of the Referrer.
8.3.If a Settled Lease is cancelled, rescinded, unwound or terminated within 90 days of settlement for any reason other than the vehicle being written off through no fault of the Referred Person, or if a Referral Gift was paid in error or as a result of a breach of these Terms, Vehicle Solutions may require the relevant Participant to repay the Referral Gift, and may set off the amount against any amount we owe that Participant.
8.4.Any Referral Gift not yet paid is immediately forfeited by both Participants if the Lead does not convert to a Settled Lease, or if the Settled Lease is cancelled or terminated before the Referral Gift is paid.

9. General

9.1.Tax. Participants are responsible for any tax consequences of receiving a Referral Gift. Vehicle Solutions does not provide tax advice, and Participants should seek independent advice if unsure.
9.2.Liability. To the maximum extent permitted by law, Vehicle Solutions is not liable for any loss or damage arising from participation in the Program, including any technical failure that prevents a Referral Code or Referral Link from being created, shared or attributed. Nothing in these Terms excludes, restricts or modifies any right or remedy under the Australian Consumer Law that cannot lawfully be excluded.
9.3.Changes and termination. Vehicle Solutions may change, suspend or end the Program, or amend these Terms, at any time. Where reasonably practicable, we will publish the updated Terms on our website before they take effect. Referral Gifts for Leads created before a change or termination will be honoured in accordance with the Terms in force when the Lead was created, provided the Lead converts to a Settled Lease within 6 months.
9.4.Governing law. These Terms are governed by the laws of each State and Territory of Australia, and each Participant submits to the non-exclusive jurisdiction of the courts of that State or Territory.
9.5.Severability. If any part of these Terms is found to be invalid or unenforceable, that part will be read down or severed, and the rest of these Terms will continue in full force.
9.6.Contact. Questions about the Program can be directed to [email protected] or (08) 8338 4427.