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Affiliate program terms & conditions

RHUBARB GROUP PTY LTD (“FlowFit Challenge”, “FlowFit” or “We”) offers brand supporters (“Affiliate”, “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 FlowFit.

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 authorised 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.

Children.

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.

1. How the Program Works

1a. Program participation

(i) To participate in the Program, Referrers should have received their invitation to become Referrer after signing up to participate in the FlowFit Challenge (refer to your onboarding email for more information).

(ii) All you need to do is share the referral link and/or the referral code with people who you will refer to FlowFit. When they complete their payment, and provided that they have used your unique code to access their discount, that will be recorded as a sale.

(iii) Individuals who receive a referral via a Referrer are “Friends” (or, singly, a “Friend”). 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).

1B. Eligible Referrer

To be “Eligible,” a Referrer must be at least 18 years old.

1C. Making a Referral

(i) A Referrer must register with FlowFit to make a referral and must have signed up to the FlowFit Challenge to be able to be eligible for a referral. Once a Referrer refers a Friend, he/she will be provided with a confirmation email that the friend has completed their purchase.

(ii) Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with FlowFit or participate in the Program using multiple or fake email addresses or identities.

1D. Qualified Referrals

A “Qualified Referral” means that all the following conditions are met:

(i) The Friend completed the upfront purchase of at least $499AUD of the FlowFit Challenge products in one order, and purchased through the Referrer’s unique referral link. If a Friend purchases from or registers with FlowFit using any other method, the registration will not count as a Qualified Referral and the Referrer will not earn Credit;

(ii) The Friend had not previously made a purchase with FlowFit under any email address or alias;

(iii) The Friend is at least 18 years old; and

(iv) Only one Qualified Referral can be earned for each Friend, but there is no limit on how many Friends can be signed up each calendar year, unless otherwise allowed by FlowFit. Any additional or subsequent purchases made by a Friend will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.

1E. Earning Rewards

(i) The Referrer shall receive one (1) reward (each, a “Reward”) in the form and value determined by FlowFit for each verified Qualified Referral generated by Referrer.

(ii) Rewards may be redeemed in various forms in FlowFit’s sole discretion, including, but not limited to, in the form of a $50AUD. Restrictions may apply. For example, if the Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions.

F. Verified Qualified Referrals

Rewards are subject to verification. FlowFit may delay a Reward for the purposes of investigation. FlowFit may also refuse to verify and process any transaction FlowFit deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on FlowFit, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of FlowFit’s decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.

1G. Transfer and Value of Credit and Rewards

(i) Rewards have a monetary value of $50AUD.

(ii) Rewards will be paid out monthly, within the first week of the new month, in arrears. For example, commissions made on Referrals made in January will be paid on or before the 7th of February.

(iii) Rewards are not transferable and may not be auctioned, traded, bartered or sold.

(iv) 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.

2. Privacy.

Referrers may participate in the Program made available by FlowFit in order to refer their Friends to FlowFit as potential new FlowFit customers. To do this, Referrers must necessarily submit personal information about themselves, such as name, email address and payment information, so that FlowFit can pay commissions to the Referrers. The personal information will be collected, processed and used in accordance with FlowFit’s Privacy Policy. The personal information may also be used by FlowFit to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from FlowFit.

3. Content Ownership and Use

3A. IP protection

(i) FlowFit’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between Referrer and FlowFit, all Content is the property of FlowFit or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on FlowFit’s online platform or the Program is the exclusive property of FlowFit and is protected by copyright, trademark, and other laws.

3b. License to You

(i) FlowFit authorises you, subject to these terms, to access and use FlowFit’s online platform, the Program, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorised use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

3C. Trademarks

(i) The registered or unregistered logos, product and service names contained in FlowFit’s online platform or the Program are or may be trademarks of FlowFit or its licensors (the “Marks”). Without FlowFit’s prior written permission, and except as solely enabled by any link as provided by FlowFit, you agree not to display or use in any manner the Marks.

3D. User-Submitted Content

(i) The registered or unregistered logos, product and service names contained in FlowFit’s online platform or the Program are or may be trademarks of FlowFit or its licensors (the “Marks”). Without FlowFit’s prior written permission, and except as solely enabled by any link as provided by FlowFit, you agree not to display or use in any manner the Marks.

4. Liability

4A. By participating in the Program, Referrers agree to:

(i) Be bound by these Terms and Conditions, the decisions of FlowFit and its designees, and the Privacy Policy of FlowFit;

(ii) Defend, indemnify, release and hold harmless FlowFit, its parent companies, affiliates and subsidiaries, 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

4B. FlowFit 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) Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;

(ii) Data corruption, theft, destruction, unauthorised 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 referral program;

(v) Claims, demands, and damages in disputes among Referrers or between Referrers and Friends; or

(vi) 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 FlowFit at the relevant time.

4C. Liability disclaimer

FlowFit 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, unauthorised intervention or other cause beyond FlowFit’s control corrupt the administration, security or proper operation of the Program.

4D. Reward disclaimer

FlowFit 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 quasigovernmental 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, labour dispute or strike (whether legal or illegal), labour 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.

4E. Right to refuse

FlowFit reserves the right to cancel or suspend the Program should FlowFit determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

4F. Disclaimer of Warranties

REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT:

(i) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK;

(ii) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FLOWFIT 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 NONINFRINGEMENT;

(iii) FLOWFIT MAKES AND GIVES NO WARRANTY THAT (

(a) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;

(b) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE;

(c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS; AND

(d) ANY ERRORS IN THE SERVICE WILL BE CORRECTED;

AND

(iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

4G. Limitation of Liability and Indemnification

REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT FLOWFIT (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 FLOWFIT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE PROGRAM;

(b) 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;

(c) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR

(e) 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, FLOWFIT’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 $100AUD. REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.

5. Conduct

5A. Prohibited conduct

Referrers agree not to use the Program to:

(i) Violate applicable law;

(ii) Infringe the intellectual property rights of FlowFit or any third parties;

(iii) Stalk, harass, or harm another individual;

(iv) Collect or store personal data about other Referrers;

(v) Impersonate any person or otherwise misrepresent Referrer’s identity;

(vi) 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;

(vii) Interfere with another Referrer’s use of the Program;

(viii) Attempt to gain unauthorised access to the Program, other accounts, computer systems, or networks connected to the Program;

(ix) Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;

(x) Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

(xi) Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

NOTE: If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), FlowFit reserves the right to cancel, change, or suspend the Program.

5b. Bulk Distribution (“Spam”)

(i) If a Referrer provides a Personal Link to FlowFit/Refer to a Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.

(ii) 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 FlowFit’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s participation in the Program. FlowFit has a no-tolerance spam policy.

(iii) FlowFit has no obligation to monitor the content provided by Referrers; however, FlowFit may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

(iv) Each Referrer must comply with applicable law. Referrers who do not comply with the law, including antispam laws, are obligated to indemnify FlowFit and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.

5C. Fraudulent and Suspicious Behaviour

(i) FlowFit may prohibit a Referrer from participating in the Program or receiving a Credit or Reward, in FlowFit’s sole discretion, if FlowFit 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 FlowFit.

(ii) 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.

(iii) FlowFit reserves the right to disqualify any Referrer and/or cancel any Reward(s) if FlowFit 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, FLOWFIT RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING LEGAL FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

6. Suggestions and Submissions.

6A. Feedback

(i) FlowFit appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that FlowFit does not accept or consider creative ideas, suggestions, inventions, or materials (“Creative Ideas”) other than those which we have specifically requested. While FlowFit values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send FlowFit Creative Ideas, FlowFit:

(a) Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;

(b) Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and

(c) 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.

7. Applicable Law and Class Waiver.

7A. Disputes & Claims

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 South Wales law (without reference to its conflicts of laws principles).

7B. Exclusive arbitration

(i) Referrers and FlowFit agree to submit to the personal and exclusive arbitration of any disputes relating to the use of FlowFit’s online platform or the Program. Any such arbitration, to the extent necessary, shall be conducted within New South Wales.

(ii) Referrers covenant not to sue or otherwise bring a claim against FlowFit in any other forum.

8, General Terms

8A. This Agreement

These terms constitute the entire agreement between Referrers and FlowFit concerning Referrers’ use of the Program. The failure of FlowFit 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, FlowFit and Referrers nevertheless agree that the court should endeavour 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.