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Refer-a-Friend Program Terms and Conditions
1. The following terms and conditions constitute the binding legal agreement (the "Agreement") between OzForex Limited. ("OzForex" or "Company") of Level 9, 10 Bridge Street, Sydney NSW 2000, Extole, Inc. ("Extole") of 625 2nd Street, Suite 101, San Francisco, CA 94107, and you ("You" or "Your"), the participant in the OzForex Refer a Friend Program (the "Referral Program") via use of the Extole referral network service (the "Extole Service" or “Service Provider”).
2. Users (defined below) are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Users agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as a Referrer (defined below) or participate in the Program in any manner.
3. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
4. These Terms constitute the entire agreement between Users and the Company concerning Users' use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.
5. The Company reserves the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. The Company reserves the right to disqualify any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.
6. Children. No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.
Privacy –
7. "Users" are those individuals who participate in the Program to recommend to their friends and family services or content made available by Company. To do this, Users must necessarily submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address information, so that the Company can send these recommendations on their behalf. The personal information will be collected, processed and used in accordance with Company's Privacy Statement, which can be found at: http://www.ozforex.com.au/about-us/legal/privacy-policy
8. Personal information may be used by Company or Service Provider, on the Company's behalf, to contact Users with regards to their participation in the Program and to receive communications from Company.
9. Users must only provide personal information about their friends and family members where their friend or family member has consented to the provision of their personal information in connection with the Program.
10. Where a User provides personal information about his or her friends or family members to receive communications via the Program, the provided personal information will be used by the Company for sending these communications on behalf of the User only and not for any other purpose. The Company may send out additional follow up communications on behalf of the User to encourage or remind the friends or family members to complete the purchase or registration process. The Company shall only hold personal information about friends or family members so long as necessary for the administration of the Program.
How the Program Works –
11. To participate, visit and follow the on-screen instructions to refer friends or family members to the Service by entering their names and email addresses in the "Refer A Friend" box.
12. An individual must register to make a referral. The individual does not have to deal in order to qualify for the reward. Once an individual refers a friend or family member, he/she becomes a Referrer and will be provided with a unique referral link ("Personal Link") that allows the Referrer to receive Reward(s) for Qualified Referrals. Without the use of the Unique “Personal Link”, the company reserves the right to reconsider the validity of the Reward. The rewards will be sent to the email address used to register. Personal Links will be issued only to individuals.
13. To see "Refer-a-Friend" page or account or to use the Program, Users will need to sign in to their account with their user name and password. Users are responsible for maintaining the confidentially of their user name and password and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they believe the confidentiality of their user name and password has been compromised or if they suspect unauthorized use of their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
14. Users who refer are called "Referrers." Individuals who receive a referral are called "Referees." An "eligible" Referrer who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral."
15. An eligible Referrer must -
A. be a legal resident of Australia;
B. be at least 18 years old;
C. have obtained the consent of the Referee to provide their details, including personal information, in connection with the Program. The Referrer must not provide the contact details of any party who does not consent; and
D. have a personal or family relationship with the Referee, Employees of the Company, its Service Provider or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
E. not be an employee of the company, its service provider or any of its or their subsidiaries, affiliates or promotional agencies.
F. not be immediate family and household member.
G. make the referral by clicking through a dedicated OZFOREX communication such as the OZFOREX.com.au website home page banner or social media post.
16. To be a "Qualified Referral" the Referee must satisfy each of the following criteria:
A. register as a customer of the Company via the www.ozforex.com.au website using the same email address as was used for the referral email
B. successfully use the OzForex.com.au website to transfer money in a manner that is compliant with the OzForex user agreement found here. This reward does not apply to the Travel Card.
and
C. referee's OzForex money transfer transaction must not be cancelled (either by Referee or by OzForex).
17. Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions and who have consented to receiving communications. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with OzForex or participate in the Program using multiple or fake email addresses or identities.
Earning Rewards –
18. Referrer shall receive one (1) Reward of an Apple iTunes Voucher ("IV") valued at fifty Australian Dollars (AUD$50.00) for each verified Qualified Referral generated by Referrer.
19. Restrictions may apply. Apple is not a sponsor of this promotion. IV’s will include an Apple code (“Code”) and may be used only for purchases of eligible goods at the Australian iTunes Store, which will require an iTunes account and prior acceptance of the Apple iTunes license and usage terms - see www.apple.com/legal/itunes/au/terms.html. To open an account, you must be in Australia. Compatible software, hardware, and Internet access is required. The Code may not be used to purchase any other merchandise, allowances or iTunes Gifts. For information in relation to data collection and Apple’s Customer Privacy Policy, see www.apple.com/au/privacy.
20. The Reward may not be redeemed for cash and is not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer's Program account for any reason, any unredeemed Reward accumulated by the Referrer shall be forfeited.
21. The Reward may be changed if the Referrer /Referee move to another country however additional time may be required to complete the transaction.
Verified Qualified Referrals –
21. A. Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation. The Company may refuse to verify and process any transaction it deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of the Company's decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is verified.
B. The company will not send rewards if fraudulent activity is suspected.
Content Ownership and Use –
22. All Content on the online platform is the property of the Company or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company or Extole and is protected by copyright, trademark, and other laws.
License to You –
23. The Company authorizes you, subject to these Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
24. The Company reserves the right to cancel, change, or suspend the Program at any time without notice.
25. The Company reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions. The Company may prohibit a User from participating in the Program or receiving a Credit or Reward, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way.
26. Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.
Bulk Distribution ("Spam") -
27. If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Referrer represents that he/she has their prior consent.
28. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's account and deactivation of the Personal Link. We have a no tolerance spam policy.
29. The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
30. Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company and its Service Provider against any liabilities, costs and expenses it incurs as a results of such spam.
No Liability
31. IN NO EVENT SHALL OZFOREX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR PARTICIPATION IN THE REFERRAL PROGRAM, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, EVEN IF OZFOREX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OZFOREX'S MAXIMUM AGGREGATE LIABILITY TO REFERRER AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES SHALL BE THE THEN-CURRENT DOLLAR VALUE OF ONE (1) REWARD. REFERRER RECOGNIZES AND ACKNOWLEDGES THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE.
32. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). OZFOREX MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE REFERRAL PROGRAM.
Applicable Law –
33. Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under the laws of the State of New South Wales. Users expressly consent and agree to submit to the exclusive jurisdiction of State of New South Wales in relation to all disputes arising out of or relating to the use of the Services.