Last Updated: December 2, 2020
1. How the Program Works
For each valid and verified Qualified Referral generated by the Referrer, and after completion of the Referred Customer’s Qualifying Purchase, the Referrer will receive one (1) Referral Reward, which is equivalent to one (1) discount code for 30% off a shipment in an existing subscription. Only one (1) Referral Reward may be used per shipment, starting from your second shipment on a valid subscription. For purposes of clarification, a Referrer who does not already have an existing SIMFORT subscription must first purchase a subscription; the discount can then be applied towards the second shipment of the subscription. Referrers with multiple Referral Rewards may enter all discount codes at once on their account page, and each Referral Reward will be automatically applied as follows: 30% off your second shipment, 30% off your third shipment, 30% off your fourth shipment, etc. Each Referral Reward may only be used once. Referral Rewards are non-transferable, are not redeemable for cash, and are subject to change without notice at SIMFORT’s sole discretion.
To use a Referral Reward, enter the discount code(s) on your SIMFORT account page under “Add a Discount”. Referral Rewards are subject to verification, and SIMFORT may delay a Referral Reward for purposes of investigation. All of SIMFORT’s decisions are final and binding, including decisions as to whether a Qualified Referral or Referral Reward is verified.d. Qualifying Purchases. A Qualifying Purchase is a purchase made by a Referred Customer of a SIMFORT subscription on our Website. A one-time purchase of a SIMFORT product from our Website (as opposed to a subscription) does not meet the requirements of a Qualifying Purchase.
3. Limitation of Liability; Indemnification
SIMFORT shall not be liable for (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to, or alteration of entry or other materials; (iv) any printing, typographical, administrative, or technological errors in any websites or materials associated with the Program; (v) claims, demands, and damages in disputes among Referrers or between Referrers and Referred Customers; or (vi) any other injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a Referral Reward or a Referred Customer Reward, or from participation in the Program, that were not reasonably foreseeable to SIMFORT at the relevant time.
AS A CONDITION OF ENTERING THE PROGRAM, AND UNLESS PROHIBITED BY LAW, REFERRERS AND REFERRED CUSTOMERS AGREE THAT UNDER NO CIRCUMSTANCES WILL THEY BE ENTITLED TO ANY AWARDS FOR ANY LOSSES OR DAMAGES, AND REFERRERS AND REFERRED CUSTOMERS HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, AND ANY OTHER DAMAGES, AND WAIVE ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. A WAIVER OF RIGHTS MAY NOT APPLY TO YOU IN YOUR JURISDICTION OF RESIDENCE. ADDITIONAL RIGHTS MAY BE AVAILABLE TO YOU.
4. Applicable Law
Except where prohibited, disputes, claims, and causes of action arising out of or related to this Program or any Referral Reward or Referred Customer Reward shall be resolved under the laws of the United States, and except where prohibited, California law (without reference to its conflicts of laws principles). Referrers and Referred Customers agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.
If any provision in these Terms and Conditions are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
6. Termination and Changes
SIMFORT may suspend or terminate the Program, or a user’s ability to participate in it, at any time for any reason. 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 or 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 SIMFORT).
7. Updates to Terms and Conditions
SIMFORT reserves the right to modify, limit, terminate, discontinue, or cancel the Program or to change these Terms and Conditions at any time, in its sole discretion, without prior notice. If we modify these terms, we will post the modification on our website or applications, which are effective upon posting. Continued participation in the Program after any modification shall constitute consent to such modification. We will also revise the “Last Updated” date found at the beginning of these Terms and Conditions when we post changes to it. You agree to review these Terms and Conditions periodically to be aware of any revisions. You agree that, by continuing to participate in the Program following notice of any revision, you shall abide by any such revision. These Terms and Conditions were last modified as of the date “Last Updated”, above.