The Referral Program (“Program”) is offered by Algorythma – Sole Proprietorship L.L.C., a limited liability company incorporated in the United Arab Emirates (“Algorythma”), regarding Your use of its proprietary software application ‘Swan’ (“We” or “Swan”). The Program has been created to reward our loyal customers (“You”) for doing what You would already do – recommending us to friends and family, who sign on to be Swan’s customers. The following Terms and Conditions are an extension of Swan’s End User License Agreement (which You have already agreed to) and are a binding agreement between You and Algorythma and will govern Your participation in any and all Program offers. By participating in the Program, You agree to these Terms and Conditions. You are not authorized to participate in the Program, if You do not agree to these Terms and Conditions in their entirety.
- Eligibility. To be eligible for participation in the Program, You must be a current user of Swan with a valid account, and You must be at least 18 years old.
- How the Program Works. Using Swan, You can follow the on-screen instructions refer to friends, family members or colleagues whom You personally know (“Friend”).You would be provided with a referral code (“Referral Code”) to share with the Friend. In the event the Friend uses the Referral Code to make his first order on Swan, You will get a cumulative AED 30 in your account (“Discount”). You will only be able to use AED 10 of the Discount at a time per purchase. The Discount is applied only to the total purchase amount of the order. You are notified that the Discount cannot be sold, transferred or exchanged for cash value.
- Restrictions. You cannot refer yourself or to the same Friend more than one time. The Friend shall be identified using their mobile number. You cannot create multiple, fictitious or fake accounts with Swan and / or in respect of the mobile number to be used for the Friend. You cannot 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 to be contrary to the spirit of the Program and / or to be harassing, harmful, illegal, hateful, obscene or outside the intent of the Program. This includes but is not limited to a general prohibition on posting of the Referral Code on any public platform or medium including websites, advertisements, sms notifications and the like. If it is inferred by Swan, in its sole discretion, that the Referral Code associated with your account has been used in any manner whatsoever restricted herein, We have the right, at our sole discretion and without any notice to You, to remove and /’ or block You from Swan. 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, SWAN RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Conduct. You are the actual sender of the Referral Code and must comply with the terms set out herein, and in accordance with applicable laws and regulations. The Referral Code must be created and distributed in a personal manner that is appropriate and customary for communications with the Friend only. By sharing the Referral Code, as part of the Program, You represent that You have the appropriate permission and consent. Algorythma has no obligation to monitor the Program or any communications for sharing the Referral Code. If You do not comply with any of the terms contained herein and / or with the applicable laws and regulations, You are obliged to indemnify Algorythma and / or any third party against any liabilities, costs, and expenses it may incur as a result of such conduct.
- Indemnification. You agree to indemnify, defend, and hold Algorythma and its parent company, subsidiaries, affiliates, representatives, directors, employees and agents harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by You of any of these Terms and Conditions and / or any applicable law.
- Disclaimer of Warranties: YOU 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 ALGORTYHMA EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY LAW, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) ALGORYTHMA MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED;(C) 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; AND (D) SWAN IS NOT A RETAILER OR SELLER OF THE PRODUCTS AVAILBALE ON SWAN AND SWAN MIGHT NOT BE AVAILABLE IN ALL AREAS.
- Right to Cancel, Modify or Terminate. Algorythma reserves the right to modify these Terms and Conditions at any time, at its sole discretion, and without notice to You. Participation in the Program is considered acceptance of these Terms and Conditions and any modifications which might be made at a later stage. Algorythma may also, in its sole discretion, change, cancel, suspend, or modify either the whole or any aspect of the Program without notice. Algorythma also reserves the right, at its sole discretion, to disqualify any user of Swan at any time from participation in the Program, and without any notice to such user.