Referral promotion terms and conditions

Terms and Conditions

Information in the Schedule forms part of these Terms and Conditions. Participation in the Offer is deemed acceptance of these Terms and Conditions.

Any capitalised terms used in these Terms & Conditions have the meaning given in the Schedule, except where stated otherwise.

We reserve the right to validate the eligibility of any Referral at any stage of the Referral Process. We may conduct checks to ensure that Referrals meet all eligibility criteria outlined in this program. If a Referral is found to be ineligible, we reserve the right to disqualify the Referral and withhold or reclaim any rewards associated with that Referral.

Claims for the Offer that do not follow the Referral Process will not be accepted by the Promoter.

We agree to pay the applicable fees in accordance with the Offer.

Each party agrees to keep proper financial and other records of account in connection with these Terms and Conditions and to make such records available to a third-party auditor, or the other party following 5 Business Days’ written notice from the other party, and only during reasonable business hours.

We grant Referrers a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, for the Term, to use our materials that we provide to Referrers, solely to refer Referrals to us, as contemplated by these Terms and Conditions.

Referrers grant us a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, for the Term, to use materials that they provide to us, solely for our use, as contemplated by these Terms and Conditions.

Both parties must (and must ensure that its personnel do) keep confidential, and not use or permit any unauthorised use of, confidential information provided by the other party.

Contact and consent

In order for the referred client to Sign-Up for our services we may need to make contact with the Referral.

If Referrers provide us with any personal information (including any contact information) about a referred client, Referrers represent and warrant that Referrers have that person’s consent to provide the information to us.

Offer

The Offer is specified in the Schedule.

The Offer is subject to the Offer Restrictions.

Term and Termination

The Terms will operate for the Offer Period as set out in the schedule.

We reserve the right to terminate or modify the Offer at any time with 30 days' notice. For any Referrals made before the termination or modification date, we may continue to pay Referrer Benefits for the remaining period of those Referrals' initial 12-month subscriptions in accordance with the existing Calculation and Payment Terms.

The Terms will terminate immediately upon written notice by a party (non-defaulting party) if: (i) the other party (defaulting party) breaches a material term and that breach has not been remedied within 10 business days of the defaulting party being notified of the breach by the non-Defaulting party; or (ii) the defaulting party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.

General

Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, neither party will be liable under these Terms & Conditions for any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. .

Force Majeure: Neither party will be liable for any delay or failure to perform their respective obligations under these Terms and Conditions if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure Event means any event or circumstance which is beyond a party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Consumer Law: Certain legislation, including the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time), and similar consumer protection laws and regulations, may confer Referrers with rights, warranties, guarantees and remedies relating to the Offer which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that Referrers maintain Consumer Law Rights at law, nothing in these Terms excludes those Consumer Law Rights. Subject to Referrersr Consumer Law Rights, we provide all material, work, goods and services relevant to this Offer to Referrers without conditions or warranties of any kind, implied or otherwise, whether in statute, at law or on any other basis, except where expressly set out in these Terms.

Existing Customers: Individuals who at the time of receiving this Offer have an active or paid subscription with the Promoter.

New Customers: Individuals who, at the time of receiving this Offer, do not have an active or paid subscription with the Promoter, and have not previously held an active or paid subscription with the Promoter.

Sign-Up: means the process by which a new customer (Referral) creates a Kinde account, provides all required information, and completes the initial account setup process, including making any necessary subscription payment.

Liability: A party’s liability for any liability in relation to these Terms and Conditions will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to take reasonable steps to mitigate its loss.

Costs: Participants acknowledge and agree that the Participant is solely responsible for any costs associated with claiming the Offer, including, but not limited to, any applicable taxes or charges.

Currency: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Offer is relating to American dollars, dollars, USD$ or $ is a reference to the lawful currency of the United States of America.

Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.

Jurisdiction: These Terms and Conditions are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Dispute Resolution: In the event of a dispute, Referees must contact the Promoter and attempt to resolve the dispute in good faith. If the matter can’t be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.

Last updated: 15 October 2024.