Client Referral Program Terms and Conditions
BringPro Inc. Client Referral Program Terms and Conditions
BringPro, Inc., a Delaware corporation (“we”, “BringPro” or “Company”), may at times offer you the opportunity to refer friends via a referral program (“Program”) offered on its mobile application or the web site located at https://bringpro.com/ (US), (the “Platform”).
- Binding Agreement. By using the Platform or participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of the Company’s decisions are final and binding. These Terms are incorporated in, part of and subject to the Company’s Terms of Service available at https://bringpro.com/terms-of-service/ in the US, (Capitalized terms not otherwise defined shall have the meanings set forth in the Terms of Service.)
- Eligibility. If you are under 18 years old (for U.S. based users) or the age of majority in your jurisdiction, then you may not use or access the BringPro Platform. Children under 13 years old are prohibited from accessing the BringPro Platform or otherwise providing any personal information to BringPro.
- How the Program Works. Using the Platform, you can follow the on-screen instructions to refer friends, family members, or colleagues whom you personally know (“Friends”) and they work for an interior design, interior architect, or similar type firm. Users may refer an unlimited number of Friends throughout the entirety of the Program. There can only be one referral per company. If there are multiple referrals to the same company the referral that came in first, based on the timestamp of the email notification after the submission of the referral form will receive credit for that Friend. Once an individual makes a referral, s/he becomes a “Referrer”. Referred Friends must use a BringPro warehouse to receive, inspect, and/or store fully paid items on behalf of the Referred Friends interior design customers; additionally, referred Friends may use BringPro to deliver and install the fully paid items on behalf of their interior design customers, these transactions will only be considered as Qualified Purchases.
- Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company. Referrers and Friends cannot use Rewards or Credits for Used Household Goods, outstanding balances, or any other service outside the stated Qualified Purchases. Referrers and Friends must use the Rewards or Credits for new Qualified Purchases only. Referrers have until January 15, 2022 to refer Friends and use the total Rewards or Credits on or before December 31, 2022, after which the Rewards or Credits will be discontinued. Friends have until March 31, 2022 to make a Qualified Purchase and use the total Rewards or Credits on or before December 31, 2022, after which the Rewards or Credits will be discontinued. No User may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of the promotion on any website which offers the Rewards or Credits to anyone other than Friends, i.e. individuals to whom you personally know. If we believe that a referral associated with a User’s account was used in such a manner, we have the right to remove all credit associated with that account and remove the User from the BringPro Platform. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Rewards. By making a Valid Referral (defined below), you will receive a reward and your Friend will receive a reward (each, a “Referral Reward”) to be used toward their first Sidemark booked on the Platform, subject to the restrictions set forth below. In order to qualify as a “Valid Referral”, your Friend must not be an existing User of the Platform and must be a first-time User of the Service as a result of your referral. You can earn a maximum of $500 in rewards from Valid Referrals. These rewards may be redeemed in various forms in the Company’s sole discretion, as described as Qualified Purchases. Restrictions apply. Each Referral Reward can be used to pay for a new Sidemark’s receiving, inspection, and/or storage Fees, and delivery and/or installation fees in part or in full, but may not be used to pay for existing outstanding balances or reimbursement of out of pocket expenses, taxes, tips, or other fees. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason. Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold. Please refer to the Terms of Service for additional billing and payment information.
- Liability. YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY BRINGPRO, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BRINGPRO PLATFORM OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless BringPro and Affiliates, and their attorneys, insurers, employees, independent contractors, providers, successors, and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the BringPro Platform or perform Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the BringPro Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. BringPro reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of BringPro. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE $100.00.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE BRINGPRO PLATFORM 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. BRINGPRO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE BRINGPRO PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE BRINGPRO PLATFORM AND ASSUMES 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 ACCESS TO AND USE OF THE BRINGPRO PLATFORM, (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.
- Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members. By submitting any email address as part of the Program, the Referrer represents that s/he has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate removal from the Platform and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any chat messages, remove any such User Generated Content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company against any liabilities, costs and expenses it incurs as a result of such spam.
- Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that s/he has violated any of these Terms.