Referral Program Terms and Conditions
Vaheala LLC (“Vaheala” or “We”) offers brand supporters (“Referrer” or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by Vaheala.
Referrers are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Referrers 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 or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by Vaheala).
No part of the program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER NOR USE THE VAHEALA PLATFORM.
I.How the Program Works
A. Program Participation, Generally
- To participate in the Program, Referrers should visit the referral form and follow the on-screen instructions to refer Friends or Colleagues to the program by entering their contact information in the relevant fields.
- An “Eligible” Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral” (all terms in quotes to be understood as defined below).
- By participating in the Program, a Referrer represents that they have their referrals’ prior consent to provide their contact information.
B. Eligible Referrer
To be “Eligible,” a Referrer must:
- Have used the Vaheala platform and made at least one order
- Be a legal resident of the United States of America; and
- Be at least 18 years old
C. Making a Referral
- A Referrer must fill the Referral form at: https://vaheala.formstack.com/forms/vaheala_referral_program. Once a Referrer makes a referral, they will be provided with a confirmation email confirming we received the information.
- Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions.
D. Qualified Referrals
A “Qualified Referral” meets all of the following conditions:
- The Referral had not previously made a purchase or registered with Vaheala under any email address or alias;
- The Referral is a) a legal resident of the United States of America and b) at least 18 years old; and
- The Referral makes testing decisions for groups.
E. Earning Rewards
- Referrers shall receive one (1) reward (each, a “Reward”) in the form and value determined by Vaheala for each verified Qualified Referral generated by Referrer.
- Rewards may be redeemed in various forms in Vaheala’s sole discretion, including, but not limited to a cash deposit to the Referrer’s Venmo account. Restrictions may apply depending on Venmo terms and conditions.
F. Verified Qualified Referrals
- Rewards are subject to verification. Vaheala may delay a Reward for the purposes of investigation. Vaheala may also refuse to verify and process any transaction Vaheala deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on VahealaI, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Vaheala’s decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.
- All verified qualified referrals will receive a reward on their first order as free priority shipping and covid-19 protocol assessment.
G. Transfer and Value of Credit and Rewards
- Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrer are forfeited.
Referrers may participate in the Program made available by Vaheala in order to refer their colleagues as potential new customers. To do this, Referrers must necessarily submit personal information about themselves and their colleagues, such as name and e-mail address information, so that Vaheala can send communications to the colleagues on the Referrers’ behalf. The personal information will be collected, processed and used in accordance with Vaheala’s Privacy Statement, which can be found at https://vaheala.com/privacy-policy/. Referrers understand that, in addition to the initial communications to Colleagues, Vaheala may also use the personal information to send to Colleagues additional follow-up communications on behalf of the Referrers in order to encourage or remind the Colleagues to complete a purchase. The personal information may also be used by Vaheala to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from Vaheala.
A. By participating in the Program, Referrers agree to:
- Defend, indemnify, release and hold harmless Vaheala, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Referrers’ participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and
B. Vaheala shall not be liable for:
- Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
- Telephone system, telephone or computer 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;
- Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
- Claims, demands, and damages in disputes among Referrers or between Referrers and Referrals; or
- Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, or from participation in the Program, that were not reasonably foreseeable to Vaheala at the relevant time.
C. Vaheala disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond Vaheala’s control corrupt the administration, security or proper operation of the Program.
D. Vaheala shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties’ control.
E. Vaheala reserves the right to cancel or suspend the Program should Vaheala determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
F. Disclaimer of Warranties
REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND VAHEALA EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, “PROMISES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT; (B) VAHEALA MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- Limitation of Liability and Indemnification
- REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT VAHEALA (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VAHEALA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
- TO THE FULLEST EXTENT POSSIBLE BY LAW, VAHEALAI’S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) 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 NOT EXCEED $100 USD.
- REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Vaheala reserves the right to cancel, change, or suspend the Program.
B. Prohibited Conduct, Generally
Referrers agree not to use the Program to:
- Violate applicable law;
- Infringe the intellectual property rights of Vaheala or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Referrers;
- Impersonate any person or otherwise misrepresent Referrer’s identity;
- Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Referrer’s use of the Program;
- Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
- Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
C. Bulk Distribution (“Spam”)
- Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Vaheala’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s participation in the Program. Vaheala has a no-tolerance spam policy.
- Vaheala has no obligation to monitor the content provided by Referrers; however, Vaheala may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
- While Vaheala is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law.
D. Fraudulent and Suspicious Behavior
- Vaheala may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in Vaheala’s sole discretion, if Vaheala determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of Vaheala.
- Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
- Referrers 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.
- Vaheala reserves the right to disqualify any Referrer and/or cancel any Reward(s) if VahealaI finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
- CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, VAHEALA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
VI. Suggestions and Submissions.
- Vaheala appreciates hearing from users and welcomes your comments regarding the Program. If you send creative ideas, suggestions, inventions, or materials (“Creative Ideas”) to us then Vaheala:
- Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
- Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
- Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.
A. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under New York law (without reference to its conflicts of laws principles).
B. Referrers and Vaheala agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Vaheala’s online platform or the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within New York County in the state of New York. Referrers covenant not to sue or otherwise bring a claim against Vaheala in any other forum.
C. Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers’ use of the Program or this agreement:
- REFERRERS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
- REFERRERS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
VIII. General Terms.
- These terms constitute the entire agreement between Referrers and Vaheala concerning Referrers’ use of the Program. The failure of Vaheala to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Vaheala and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. 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.