Terms of Use
Last updated: May 2021- WHO ARE WE AND WHAT DO WE DO?
- We, SBAR Endurance Incorporated and SBAR Endurance Limited (“we”, “our”, “us”) operate a website at www.letsdothis.com (the “Site”). We also operate, or may in the future operate, Let’s Do This apps for tablet, mobile and other smart devices (“Apps”). We also use social media channels and other platforms. Our Let’s Do This pages and profiles on such channels and platforms, together with the Site and Apps, are our “Channels”. We are registered as an incorporated company in the United States of America with registration number 6671849 and our registered office is 548 Market Street, PMB 40664, San Francisco, CA 94104-5401, United States. We are also registered as a limited company in England and Wales with registration number 10083277 and our registered office is at 9th Floor, 107 Cheapside, London, EC2V 6DN, United Kingdom. Our VAT number is 249956839.
- INTRODUCTION
- These Referral Program Terms of Use (“Referral Terms”) are a part of, and are hereby incorporated into, our Terms of Use located at www.letsdothis.com/terms (the “Terms”). Capitalized terms not otherwise defined shall have the meanings set forth in the Terms. Please read these Referral Terms carefully as they set out the basis on which you can participate in Referral Programs. In the event of any conflict between these Referral Terms and the Terms with respect to participation in any Referral Program, these Referral Terms shall control.
- We may from time to time offer you the opportunity to refer friends and colleagues to our Service via a referral program (“Referral Program”) that we offer through our Service. By participating in a Referral Program, you agree to participate as outlined herein, and consistent with all other terms we may apply to such Referral Program. If you do not agree to these Referral Terms, then you cannot register or participate in any Referral Program. You may also not participate in any Referral Program where your participation may violate any applicable laws, rules or regulations.
- We reserve the right to cancel, modify, or terminate any and all Referral Programs at any time for any reason. We also reserve the right to disqualify anyone from participation in a Referral Program at any time.
- ELIGIBILITY
- The Referral Programs are void in all locations where such programs are prohibited.
- To be eligible to participate in a Referral Program and receive credits for use in connection with the Service as set forth in these Referral Terms (“Credits”), you must be legally able to participate in all respects, be at least the age of majority in your location of residence, have an existing and valid account with us, be able to read and speak English, and otherwise be in good standing with us.
- Credits received through Referral Programs are only eligible for use on certain Events as expressly selected and identified by us, in our sole discretion. We reserve the right to revoke the ability to use credits in connection with any and all Events in our sole discretion.
- REFERRAL PROCESS
- If you elect to participate, you will be provided with unique codes (“Codes”) which you may share with friends and colleagues to invite them to use the Service. You may not use any of your Codes for your own bookings or otherwise on your own behalf.
- If another user uses your Code to make a booking with us, subject to eligibility pursuant to the terms and conditions of these Referral Terms, you will receive a Credit. Users with whom you share Codes may be required to designate that they received the Code from you, or use of such Code may automatically designate you as the referring individual.
- QUALIFICATIONS FOR RECEIVING CREDITS
- You must be in good standing with us when another user you refer uses one of your Codes in order to receive a Credit for such referral.
- If a referred user receives more than one Code, we will only provide the Credit to the user whose Code is used by the referred user to make a booking.
- You may not combine the provision of any Code with any monetary offer or other offer.
- You will not receive a Credit for the referral of any individual who makes a booking but is not eligible or qualified to do so, or is otherwise restricted from doing so.
- In order to receive a Credit, the user who uses your Code to make a booking for the Service must do so with a valid and current email address for the Service.
- In order to be eligible to receive a credit as a referred user, this must be your first purchase with the Service.
- PROHIBITED ACTIVITIES
- You agree that, in addition to your obligations under the Terms, you will not, in the course of your participation in any Referral Program, do or attempt to do any of the following:
- Infringe, misappropriate or otherwise violate the intellectual property rights of us, any other user or any other third party;
- Spam or otherwise create bulk distributions of your Codes or otherwise distribute Codes in an inappropriate manner;
- Use any automated system to participate in a Referral Program, including but not limited to use of scripts or macros;
- Collect the personal information of other users or Referral Program participants;
- Disrupt or undermine any Referral Program;
- Gain unauthorized access to the Referral Program or related software;
- Transmit files that contain bots, viruses, works, Trojan horses, or any other file that could contaminate or otherwise destroy our intellectual property or stop the function of the Service or any Referral Program;
- engage in activity designed to annoy or harass others or that could otherwise be considered harassment toward other users of the Service;
- Engage in illegal activities or cheating, hacking, deception or other unfair practices; or
- Engage in actions that disparage or malign or call into question our reputation.
- We may prohibit or disqualify any Referral Program participant, prohibit receipt of or cancel Credits, suspend or terminate accounts, or contact legal authorities upon discovery of any violation of these Referral Terms.
- With respect to bulk distributions and spam, we have no obligation to monitor the Referral Programs or any communications related thereto; however, Referral Program participants who do not comply with the law, including anti-spam laws, are obligated to indemnify us against any liabilities, costs and expenses it incurs as a results of such spam.
- RECEIVING CREDITS
- Credits may be subject to limitations of use, applicability to certain Events, and maximum amounts of Credits which your account may hold or receive within a given time period.
- Credits are subject to our verification of referrals in our sole discretion. We may withhold or invalidate any Credit in our sole discretion if we believe additional verification is required, if we suspect or are made aware of fraudulent activity or other violation of these Referral Terms, or if we believe the provision of a Credit may impose liability on us, our subsidiaries or affiliates, or any of our or their respective officers, directors, employees, agents and representatives.
- Our decisions are binding and final to the extent permitted by law, including without limitation with respect to the validity of a referral, the withholding or invalidation of a Credit, or the suspension, modification or termination of any or all Referral Programs.
- USING CREDITS
- Credits have no monetary value and may not be traded or redeemed for cash or any other monetary value. You may not transfer, sell or auction Credits in any manner. In the event that your account is terminated, all Credits are forfeited immediately. We reserve the right to change the Events, forms and manners in which Credits may be applied at any time in our sole discretion. We may refuse to verify and process any use of Credits for any reason.
- PRIVACY AND COOKIES
- The privacy of your personal data is important to us. Please see our Privacy Policy for details of how we will process your personal data in connection with our Service and participation in Referral Programs and how we use cookies and similar technologies.
- LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING OUR LIABILITY TO YOU AND YOUR LIABILITY TO US.- TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO ANY AND ALL REFERRAL PROGRAMS, WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS AND LICENSORS shall not be liable for SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR related to any Referral Program (INCLUDING BUT NOT LIMITED TO DAMAGES ARISING OUT OF OR RELATD TO hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors, data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials, losses arising from or related to Credits or participation in any Referral Program, printing, AND typographical, administrative or technological errors in any websites or materials), AND THE MAXIMUM LIABILITY OF THE FOREGOING ARISING OUT OF OR IN CONNECTION WITH ANY REFERRAL PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE $100.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE REFERRAL PROGRAMS AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH ANY REFERRAL PROGRAM AND ASSUME NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN A REFERRAL PROGRAM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
- WE HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO DAMAGE TO ANY COMPUTER SYSTEMS, HARDWARE OR SOFTWARE RESULTING FROM PARTICIPATION OR PROCESSING OF INFORMATION OR DATA IN CONNECTION WITH ANY REFERRAL PROGRAM. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO TERMINATE, SUSPEND OR MODIFY ANY AND ALL REFERRAL PROGRAMS, INCLUDING IN THE EVENT THAT A BUG, VIRUS, COMPUTING ISSUE, SECURITY INCIDENT OR OTHER CAUSE BEYOND OUR CONTROL ADVERSELY AFFECTS THE OPERATION, SECURITY, OR PROPER CONDUCT OF ANY REFERRAL PROGRAM.
- As a condition of your participation in any Referral Program, to the fullest extent permitted by law, you agree that you will not be entitled in any event to any award of losses or damages, and you hereby waive all right to claim any damages (including but not limited to punitive, incidental, consequential, multiplied or otherwise increased damages). You acknowledge that a waiver of rights may not be applicable in your jurisdiction and that you may have additional rights available.