Overview of the Referral Perks® Program (the "Program"): The Program creates the opportunity for existing members of First West Credit Union ("FWCU") through Island Savings to refer new members to FWCU whereby both the existing and new members have the opportunity to receive a perk for the referral if the referred person becomes a new member of FWCU.
1.Definitions: for the purposes of the Program:
a."CASL" means An Act to Promote the Efficiency and Adaptability of the Canadian Economy by Regulating Certain Activities that Discourage Reliance on Electronic Means of Carrying out Commercial Activities, and to Amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, SC 2010, c 23, as amended (a copy of CASL is available at http://www.canlii.org/en/ca/laws/stat/sc-2010-c-23/latest/sc-2010-c-23.html);
b."Existing Business Relationship" is defined in CASL;
c."Existing Non-Business Relationship" is defined in CASL;
d."Family Relationship" means the relationship between an individual who sends a message and the individual to whom the message is sent if those individuals are related to one another through a marriage, common-law partnership or any legal parent-child relationship and those individuals have had direct, voluntary, two-way communication;
e."New Member" means a person who meets the qualification in Article 4 hereof and is not otherwise ineligible and "New Members" means more than one New Member;
f."Perk" means a $50 credit (no cash value) to your personal chequing account at FWCU and "Perks" means more than one Perk;
g."Personal Relationship" means the relationship between an individual who sends a message and the individual to whom the message is sent, if those individuals have had direct, voluntary, two-way communications and it would be reasonable to conclude that they have a personal relationship, taking into consideration any relevant factors such as the sharing of interests, experiences, opinions and information evidenced in the communications, the frequency of communication, the length of time since the parties communicated or whether the parties have met in person;
h."Program Term" means on or after September 1, 2012 and on or before December 31, 2025 or such earlier termination of the Program as FWCU may determine in its absolute discretion; and
i."Referrer" means a person who meets the qualification in Article 3 hereof and is not otherwise ineligible "Referrers" means more than one Referrer.
2.Referrer Qualifications: A Referrer may receive a maximum of 5 Perks (total maximum of $250 credit (no cash value) to your personal chequing account at FWCU) in any calendar year. To qualify for a Perk under the Program, the Referrer must comply with these Terms and Conditions, and must:
a.be an existing member of FWCU, and not be in default of any of the Referrer's obligations to FWCU under any agreement with FWCU whatsoever during the Program Term up to and including the time the Perk is issued to the Referrer;
c.refer New Member(s) to become new members of FWCU and register the referral of such New Member(s) at http://refer.islandsavings.ca within the Program Term, and the New Member must qualify as a New Member pursuant to Article 4 hereof within the Program Term; and
d.be a British Columbia resident with a British Columbia address at the time of registering for the Program, during the balance of the Program Term, and when the Perk is issued, and must be at least 17 years of age at the time of registering for the Program.
3.New Member Qualifications: A New Member may receive a maximum of 1 Perk (total maximum of $50, no cash value, credited to the New Member’s personal chequing account at FWCU) in any calendar year. To qualify for a Perk under the Program, the New Member must:
i.have been a member of FWCU for period of 6 months prior to becoming a new member of FWCU under the Program, or
ii.be a signer on any account of a FWCU member for a period of 6 months prior to becoming a new member of FWCU under the Program;
b.be referred during the Program Term by a Referrer who has registered the referral in accordance with Article 3 hereof and who qualifies as a Referrer pursuant to Article 3 hereof;
d.be accepted as a new member of FWCU not later than 60 days after the Referrer has registered the referral at http://refer.islandsavings.ca and before the expiry of the Program Term. All membership and account applications to FWCU by the New Member are subject to FWCU's approval processes and procedures in place from time to time and being a New Member does not guarantee acceptance as a member of FWCU;
e.from being accepted as a new member of FWCU to and including the time the Perk is issued to the New Member, have open the New Member's new FWCU membership opened under this Program set up a successful reoccurring preauthorized debt or credit on the new account and not be in default of any of the New Member's obligations to FWCU under any agreement with FWCU whatsoever; and
f.be a British Columbia resident with a British Columbia address at the time of registering for the Program, at the time of becoming a member of FWCU, during the balance of the Program Term, and when the Perk is issued, and must be at least 17 years of age at the time of registering for the Program.
4.Referral Rules: Each person must comply with CASL when making a referral. Without limiting the foregoing, a person must not refer anyone to FWCU unless the person who is making the referral has an Existing Business Relationship, an Existing Non-Business Relationship, a Family Relationship or a Personal Relationship with the person who is being referred to FWCU.
5.Ineligibility: All FWCU employees and directors (whether full time, part time or otherwise) and their respective immediate families are ineligible to participate in the Program as Referrers and/or New Members. FWCU reserves the right to disqualify anyone in circumstances in which FWCU reasonably believes the New Member was not referred to FWCU in good faith.
6.Issuance of Perk: Within 90 days of all qualifications of both the Referrer and New Member being met and neither the Referrer nor New Member being otherwise ineligible, FWCU will credit the personal chequing account at FWCU of both the Referrer and New Member $50 dollars each (no cash value).
a.FWCU may report the value of the Perk to the federal, provincial or local tax authorities if required by applicable law and any applicable taxes are the responsibility of the recipient of the Perk.
b.The Program is subject to cancellation as FWCU may determine in its absolute discretion at any time without notice.
c. This is a limited‐time Program. Perks and referrals made pursuant to the Program are nontransferable, may not be combined with any other offer or promotion and the terms of the Program are subject to change at any time as FWCU may determine in its absolute discretion and without notice.
d. By participating in or attempting to participate in the Program, each and all Referrers and New Members, or attempted Referrers and New Members, agree to accept, abide by and be bound by these terms and conditions. Issuance of any and each Perk, and continued participation in the Program, is conditional upon compliance with these terms and conditions. FWCU may at any time prohibit a person from participating in the Program if the person breaches any of these terms and conditions.
e. The Program is subject to all federal, provincial, and other laws applicable in British Columbia. Void where prohibited.
f. Each person who participates or attempts to participate in the Program (the "indemnitor") agrees to indemnify and save harmless FWCU, including without limitation all of its divisions, affiliates and its directors, officers, employees, subsidiaries, affiliates, agents and others involved from and against all claims, demands, proceedings whatsoever relating to: (a) the Indemnitor's participation or attempted participation in this Program, and (b) any breach of this agreement by the Indemnitor. Neither FWCU, including without limitation all of its divisions, affiliates nor its directors, officers, employees, subsidiaries, affiliates, agents or others involved are liable for any lost or misdirected Perks or for any other losses or damages whatsoever, whether of the foregoing character or otherwise, relating to the Program.
g. By participating in or attempting to participate in the Program, each Referrer and New Member, or attempted Referrer and New Member: (a) consent to the collection, use, disclosure and storage of their personal information as necessary for FWCU to operate the Program, contact the potential New Member, and disclose the source of the referral, and (b) acknowledge that FWCU has affiliates and uses or may use service suppliers located in the United States and other jurisdictions in the conduct and administration of the Program and acknowledges and agrees that Information may be stored and processed in the United States and other jurisdictions and that governments, courts, and law enforcement agencies in Canada, the United States, and other jurisdictions may be able to obtain disclosure of the Information in accordance with the laws of Canada and the other jurisdiction.
h. In the event that FWCU or an affiliate and/or a service supplier cannot or will not process a registration of referral by a New Member and/or Referrer or issue a Perk in connection with the Program by reason that FWCU, the affiliate or service supplier may suffer legal and/or reputational risks, or that FWCU, the affiliate or service supplier may, by doing so, violate CASL or any other law, regulation, rule or internal policy applicable to it if it processes the registration of the Referrer and/or New Member or issues the Perk, then the Referrer and New Member acknowledge that the Perk will not be issued and none of FWCU or any of its divisions, its directors, officers, employees, subsidiaries, affiliates, agents and others involved shall have any liability in respect of any non‐issuance of a Perk.
i. By participating in or attempting to participate in the Program, each Referrer and New Member or attempted Referrer and New Member elects to receive email(s) from FWCU and its affiliates and their suppliers regarding that registrant's membership and participation in the Program. FWCU cannot and will not notify any Referrer or New Member if the email address such person provided is undeliverable. Referrer and New Member names and email addresses will not be captured and stored to be used by FWCU to send such person future marketing communications (direct mail or email) related to other FWCU products and services except to the extent such person has otherwise authorized or instructed FWCU to do so, or to the extent that FWCU is permitted or required by law to do so.