PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR ENGAGING IN THE REFERRAL PROGRAM AVAILABLE ON THE SHOPMIUM WEBSITE OR SMARTPHONE APPLICATION (each, a “Site”).
By referring a friend or otherwise participating in the referral program referred to herein (the “Program”), the referring user (a “Member”) agrees to be bound by, and to use its best efforts to obtain the acknowledgment and acceptance by any referred friend (the “Referred Friend”) of, these terms and conditions of use of the Program (the “Terms”) set forth herein, the terms and conditions of use of the Sites (the “Terms of Use”), the terms and conditions of service of Shopmium (the “Terms of Service”), and the privacy policy (the “Privacy Policy” and, collectively with these Terms, the Terms of Use, and the Terms of Service, the “Terms and Conditions”) referred to herein.
If you do not agree to these Terms, please do not use the Program.
Shopmium may modify these Terms at any time and from time to time by updating this posting, and your use of the Program after such modification confirms your acceptance of the modified terms.
Please check these Terms periodically for modifications. Shopmium may also discontinue the Program at any time upon notice on the Sites, without incurring any liability whatsoever related thereto.
The Program is operated by Shopmium, Inc., a Delaware corporation (“Shopmium,” “our,” “we,” or “us”). Questions concerning the Program should be directed to the contact points set forth at the end of these Terms.
1. Program participation and eligibility
The Program is available only for new User Accounts (as defined in the Terms of Service). Members who initiate a referral are defined as “Referrers” (collectively with Referred Friends, the “Participants”). Internet access is required for participation in the Program.
To make referrals (“Referrals”), you must:
- A - provide us with a valid e-mail address or connect to the Sites via Facebook®;
- B - have an active User Account in good standing pursuant to the Terms of Service; and
- C - be an individual person over the age of eighteen (18) years, residing in the United States of America.
Participation in the Program is prohibited where void by applicable law or regulation. The Program is only available through the Sites. If your User Account is “interrupted”, “suspended” or you or Shopmium cancel your User Account at any time, you are no longer eligible to participate in the Program. Upon cancellation, your User Account will be deemed inactive and you may not make Referrals or earn Bonuses (as hereinafter defined), including Bonuses that may be pending.
You cannot redeem a Bonus for referring yourself or an existing Member.
You may refer up to a maximum of one hundred (100) individual Referred Friends.
You may only participate in the Program with one User Account.
Referrers are only eligible for Bonuses once (i) the Referred Friend activates a new User Account linked to a unique PayPal/Venmo and (ii) places a first Request for reimbursement pursuant to (and as defined in) the Terms of Service. Any and all special offers received by Referred Friends for participation in the Program are valid for eight (8) days from such Referred Friend’s creation of a new User Account.
Shopmium expressly reserves the right to void any Bonuses or other special offers, or exclude any Participant from the Program or the Promotions (as defined in the Terms of Service) based on the following: (1) ineligibility of any Participant, as determined in Shopmium’s sole discretion, (2) if Shopmium, in its sole discretion, determines that fraudulent behavior or other unethical conduct has occurred that compromises the fairness of the Program in any way, or (3) if Shopmium, in its sole discretion, finds that you have violated any of the Terms and Conditions.
You will not receive any Bonuses if your Referrals are rejected or are not received for any reason, or if you fail to comply with any of the Terms of the Program.
2. Participation
You may become a Referrer by simply clicking on the “Refer a friend” button available in each Site on the page dedicated to the Program. You will then be prompted to send an e-mail or text message containing your individual Referral code (the “Referral Code”) to your friends, or broadcast the Referral Code by including it on your Facebook®, Twitter®, blog or other website.
You will be notified via e-mail or on your User Account when a Referral has been validated by Shopmium.
Shopmium expressly reserves the right to independently verify the identity of any Participant.
3. Reward redemption
Subject to the Terms and Conditions, upon a Referred Friend’s activation of a new User Account and first Request for reimbursement, Shopmium will apply a credit of $2.00 (which amount includes any applicable taxes) per Referred Friend (each, a “Bonus”) to the Referrer’s User Account. Bonuses are non-transferable, non-assignable, and cannot be redeemed or exchanged for cash, credit, or other merchandise. Bonuses may only be used in connection with the Sites and may not be used for purchases on any other website.
4. No representations and warranties; Limitation of liability
By participating in this Program, you agree to release and hold harmless Shopmium and its affiliates, directors, officers, employees, consultants, and agents, and any other entity associated with marketing this Program (collectively, the “Released Parties”) from and against any and all claims (including by Referred Friends), losses, liabilities, or damages arising out of, or in connection with, the Program.
EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM AND THE BONUSES ARE PROVIDED “AS IS.” SHOPMIUM DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF ANY INFORMATION OR CONTENT THAT IS MADE AVAILABLE OR OBTAINED BY WAY OF THE SITES, INCLUDING THROUGH THE PROGRAM. WE DO NOT WARRANT THAT DEFECTS ON THE SITES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSION MAY NOT APPLY.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SHOPMIUM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THE PROGRAM OR FROM ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SHOPMIUM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASES THE ABOVE LIMITATION MAY NOT APPLY.
5. Jurisdiction and choice of law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law or the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods.
You and Shopmium irrevocably consent to the non-exclusive jurisdiction of the Federal or state courts located in the City, County, and State of New York in connection with any action arising out of or related to these Terms or the Program.
You and Shopmium waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
6. Privacy
Please see our Privacy Policy for information regarding the collection and use of personal information from the Sites, including through participation in the Program.
By making a Referral, you hereby acknowledge and agree that the applicable terms of the Privacy Policy will apply mutatis mutandis to the relationship between yourself and your Referred Friends, and you hereby accept to send the following by e-mail to your Referred Friends: “By activating the Referral Code, the Referred Friend agrees to adhere to Shopmium’s Privacy Policy available at: Privacy Policy, and to require your Referred Friends to comply in all respects with the terms thereof.
Further, you hereby accept to be bound by the terms of the Privacy Policy in the name and on behalf of yourself and, with respect to your relationship with your Referred Friends, to be subrogated in our rights and obligations vis-à-vis such Referred Friends.
Without limitation, and in addition, to the foregoing, you hereby commit to abide by all applicable laws and regulations with regard to data privacy vis-à-vis each of your Referred Friends.
7. General
These Terms, together with our Terms of Use, Terms of Service and our Privacy Policy, represent the entire understanding relating to participation in the Program and prevail over any prior or contemporaneous, conflicting or additional communications.
Any unauthorized access, modification, or change of any information, or any interference with the availability of or access to the Program is strictly prohibited. Shopmium expressly reserves all legal rights and remedies available to it whether in equity or at law, and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Shopmium may have.
Unless otherwise indicated, all material on this site © Copyright 2014 Shopmium, Inc. All rights reserved.
Contact information
Shopmium, Inc.
747 Third Avenue
Second Floor
New York, NY 10017
contact.us@shopmium.com