Welcome, and thanks for using Referron!
When you use our products and services, you're agreeing to our terms, so please
take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
1. Introduction
We are a social referral network for business.
A. Purpose
The mission of Referron is to enable people to refer to businesses or people who they know like and trust, with ease, and have those referrals tracked and rewarded. To achieve our mission, we make services available through our website, mobile applications, and developer platform, to help you, your connections, and millions of other businesses connect and refer to people you know like and trust.
B. Scope and Intent
When you use Referron, you are entering into a legal agreement and you agree to all of these terms.
You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.
You agree that by registering on Referron, or by using our website, including our mobile applications, developer platform, premium services, or other information provided as part of the Referron services (collectively “Referron” or the “Services”), you are entering into a legally binding agreement with Mobifiiliate Pty Ltd, ABN: 90 158 355 607, of Level 7, 14 Martin Place, Sydney NSW 2000 (“Referron, if you reside outside the United States (“we,” “us,” “our,” and “Referron”) based on the terms of this Referron User Agreement and the Referron Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Referron member (“Member”). If you are using Referron on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Referron Member, do not enter into this Agreement, do NOT click “register” and do not access, view, download or otherwise use any Referron webpage, information or services. By clicking “register” (or “Join Referron” or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “register,” you also consent to use electronic signatures and acknowledge your click of the “register” button as one. Please note that the Referron User Agreement and Privacy Policy are also collectively referred to as Referron’s “Terms of Service.”
2. Your Obligations
A. Applicable laws and this Agreement
Some promises you make to us in this Agreement:
You will follow the law and Referron’s rules.
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
B. License and warranty for your submissions to Referron
You grant us a license to the information you provide us.
You own the information you provide Referron under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Referron a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Referron, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Referron, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Referron profile information accurate and updated.
C. Service Eligibility
You are eligible to enter into this contract and you are at least our “Minimum Age.”
The information you provide is truthful.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Referron account, (3) are not a competitor of Referron or are not using the Services for reasons that are in competition with Referron; (4) will only maintain one Referron account at any given time; (5) will use your real name and only provide accurate information to Referron; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Referron or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
“Minimum Age” means 18 years old.
D. Your Membership
You will keep your password a secret.
You will not share an account with anyone else.
You will not copy or transfer any part of the Service.
The profile you create on Referron will become part of Referron and except for the information that you license to us is owned by Referron. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Referron account to another party; and (5) not charge anyone for access to any portion of Referron, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit Referron’s Help Center.
E. Indemnification
You will pay us for any losses that you cause.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Referron.
F. Payment
You will honour your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
We don't guarantee refunds.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Referron storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Referron does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services here. Referron’s refund policy is explained here. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Referron’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, you may access it through your Referron account settings under “Purchase History.” request one by contacting our Customer Support.
G. Notify us of acts contrary to the Agreement
If you think you have to breach this Agreement, you will let us know beforehand.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
H. Notifications and Service Messages
You are okay with us providing you with important notices on the website, mobile apps, or email.
The contact information you provide must be accurate or you may not receive important notices.
For purposes of service messages and notices about the Services, Referron may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Referron to an email address associated with your account, even if we have other contact information. You also agree that Referron may communicate with you through your Referron account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Referron account or services associated with Referron. Please review your Settings to control what kind of messages you receive from Referron. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
I. Referron Applications
This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
Referron may offer the Services through applications built using Referron’s platform (“Referron Applications”). Examples of Referron Applications include its smart phone applications (Referron for Android, Referron for Blackberry or Referron for iPhone), and Referron’s “Share” buttons and other interactive plugins distributed on websites across the web. Referron Applications are distinct from third party Platform Applications. If you use a Referron Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Referron plugins that load in your browser may be communicated to us. Further, by importing any of your Referron data through the Referron Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Referron account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Referron through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
J. User-to-User Communication and Sharing (Referron Groups, Answers, Updates, Company Pages, etc.)
When you share information, others can see, copy and use that information.
Referron offers various forums such as Referron Groups, Answers, and Network Updates, where you can post your observations and comments on designated topics. Referron also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site, such as Referron Groups and Referron Company Pages. Referron members can create Referron Groups and Company Pages for free, however, Referron, in its sole discretion, may close or transfer Referron Groups or Company Pages, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and Referron cannot guarantee that other Members will not use the ideas and information that you share on Referron. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Referron Group, into your Network Updates, or elsewhere on Referron. REFERRON IS NOT RESPONSIBLE FOR A ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON REFERRON.
K. Privacy
You are okay with us collecting, using, storing, and disclosing information about you in keeping with our Privacy Policy.
You should carefully read our full Privacy Policy before using Referron as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Referron, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Referron may process such information, within the terms of the Privacy Policy.
L. Export Control
You won’t break export laws.
Your use of Referron services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
M. Contributions to Referron
If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.
By submitting ideas, suggestions, documents, or proposals ("Contributions") to Referron through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Referron is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Referron shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Referron may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Referron rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Referron under any circumstances.
3. Your Rights
If you follow this agreement, we grant you a limited right to use Referron.
You will only access and use Referron in the way this agreement allows you.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Referron authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Referron or its Members), view information and use the Services that we provide on Referron webpages and in accordance with this Agreement. Any other use of Referron contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Referron commercially unless expressly authorized by Referron) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Referron and all related items, including any and all copies made of the Referron website.
4. Our Rights & Obligations
A. Services Availability
We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.
For as long as Referron continues to offer the Services, Referron shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Referron as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Referron, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Referron or by direct communication to you unless otherwise noted. Referron further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Referron to be contrary to this Agreement. For avoidance of doubt, Referron has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
B. Third Party Sites and Developers
Third parties may offer their own products and services through Referron, and we are not responsible for these third-party activities.
Referron may include links to third party web sites (“Third Party Sites”) on www.Referron.com, developer.Referron.com, and elsewhere. Referron also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Referron through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Referron is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Referron also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to use Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow an Platform Application or Third Party Site to authenticate you or connect with your Referron account, that application or website can access information on Referron related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to Referron’s Privacy Policy.
C. Disclosure of User Information
You agree that we can use, store, and share information about you as permitted in our Privacy Policy.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Referron, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.
D. Connections and Interactions with other Members
We have the right to limit the connections and interactions on the Service.
You are solely responsible for your interactions with other Members. Referron may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Referron reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Referron determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
E. Intellectual Property Notices
We are providing you notice about our intellectual property rights.
The Service includes the copyrights and Intellectual property rights of Referron and except for the limited license granted to you in Section 3, Referron reserves all of its intellectual property rights in the Service. Referron, the Referron and “in” logos and other Referron trademarks, service marks, graphics, and logos used in connection with Referron are trademarks or registered trademarks of Referron in the U.S. and/or other countries. Other trademarks and logos used in connection with Referron may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
5. Disclaimer
We disclaim any legal liability for the quality, safety, or reliability of Referron.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON REFERRON OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR REFERRON AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. REFERRON DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REFERRON AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY REFERRON OR ANYTHING RELATED TO REFERRON, YOU MAY CLOSE YOUR REFERRON ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. REFERRON IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH REFERRON TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. REFERRON DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, REFERRON DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. REFERRON DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. REFERRON DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, REFERRON DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE REFERRON SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. Limitation of Liability
We are trying to limit any legal liability we may have to you.
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Referron nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Referron Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Referron. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
Not apply to any damage that Referron may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
7. Termination
We can each end this Agreement anytime we want.
A. Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Referron pursuant to Section 9.C. This notice will be effective upon Referron processing your notice. Referron may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Referron or the party paying for the services may terminate your access to any Premium Services. Termination of your Referron account includes disabling your access to Referron and may also bar you from any future use of Referron.
B. Misuse of the Services
Referron may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Referron messaging services; creating multiple or false profiles; using the Services commercially without Referron’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Referron, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Referron has adopted a policy of terminating accounts of Members who, in Referron’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
C. Effect of Termination
Upon termination of your Referron account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4(a) (b) and (d) (“Our Rights and Obligations”).
8. Dispute Resolution
A. Law and Forum for Legal Disputes
In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Referron, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Referron agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Referron agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Referron shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
B. Arbitration Option
Each of us will have the right to choose arbitration.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. General Terms
Here are some important details about how to read the Agreement.
A. Severability
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
B. Language
Where Referron has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Referron.
C. Notices and Service of Process
In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.Referron.com. You may contact us here. Or via mail or courier at: Referron Corporation ATTN: Legal Department Referron Boston Address) Additionally, Referron accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
D. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Referron regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Referron services, third-party content or third party software.
E. Amendments to This Agreement
We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.Referron.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
F. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Referron Affiliate shall be deemed legally binding on any Referron Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Referron.
You waive your rights to try to stop Referron, but we don’t waive our rights to ask a court to stop your actions.
G. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
H. Beneficiaries
Entities other than Mobifiliate Pty Ltd owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
I. Assignment and Delegation
You can’t assign your rights under this Agreement, but we can.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Referron Corporation for any third party that assumes our rights and obligations under this Agreement.
J. Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
10. Referron “DOs” and “DON’Ts.”
As a condition to access Referron, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
Here’s a list of some of the specific things we ask you to do and not do on Referron. If you want a high-level summary of these, please check out our Professional Community Guidelines.
A. Do undertake the following:
B. Don’t undertake the following:
11. Complaints Regarding Content Posted on the Referron Website
If you think someone has stolen or misused your intellectual property on Referron, please check out our Copyright Policy.
We built Referron to help you be a more successful business, and to help business succeed. To achieving this purpose, we encourage our Members to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Referron provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures can be found here: Referron Copyright Policy. Claims regarding Copyright Infringement. Claims regarding content (other than copyright).
The
Information we collect
Mobifiiliate Pty Ltd, ABN: 90 158 355 607, of Level 7, 14 Martin Place, Sydney NSW 2000 ("Referron") licenses its product. Referron only collects the information necessary for us to do business with you. All the information we hold has been either knowingly offered to us by you or can be found on the public record (e.g.: telephone directories, the ASX etc).
When you visit our website some information is automatically collected relating to the electronic addresses of devices used in accessing the website (e.g. IP addresses of servers), domain name, date and time of visit, pages viewed and information downloaded. We also utilise "cookies" which allow us to serve you better when you revisit the website. By using this website, you authorise us to use such information for purposes connected with REFERRON's business and in our performance of the services offered by REFERRON.
Further, by using this website and any services provided through it, you acknowledge and agree that any personal information we hold about you may be electronically hosted in, the country where you are accessing this Website or transferred to, such overseas countries include, without limitation,
Singapore, Malaysia, Hong Kong, Europe, UK, USA, South America, South Africa and Australia.
We have implemented appropriate security safeguards designed to protect your information in accordance with industry standards.
We may modify this Privacy Policy from time to time, and if we make material changes to it, we will provide notice through our website, apps, or other services ("Referron" or "Service") or by other means so that you may review the changes before you continue to use Referron. If you object to any changes, you may close your account. Continuing to use Referron after we publish or communicate a notice about any changes to this Privacy Policy means that you are consenting to the changes.
Sharing Your Content and Information
You own all of the content and information you post on Referron, For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Referron (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Referron, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Referron, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Use and disclosure
REFERRON and its licensees use the information you supply in a variety of ways. From time to time we may disclose personal information to related entities, advisers and service providers who we may engage to assist us to deliver REFERRON and its licensee services such as auditing, security and technology services. We may disclose your information as required or authorised by law. We may also, in certain circumstances disclose your information to other clients of the business, but always for the purposes of doing business together.
Some examples include:
Product Enhancements
REFERRON and its licensees need to be able to contact you about new products, special offers and services that may be relevant to your business. You may at any time notify us if you wish not to receive any marketing communications from us.
Rights to Access, Correct, or Delete Your Information, and Closing Your Account
You can change your Referron information at any time by editing your profile, deleting content that you have posted, or by closing your account. You can also ask us for additional information we may have about your account.
You have a right to (1) access, modify, correct, or delete your personal information controlled by Referron regarding your profile, (2) change or remove your content, and (3) close your account. You can also contact us for any account information which is not on your profile or readily accessible to you. If you close your account, your information will generally be removed from the Service within 24 hours. We generally delete closed account information and will de-identify any logs or other backup information within 30 days of account closure, except as noted below.
Please note: Information you have shared with others (through referrals and Referron Groups) or that others have copied may also remain visible after you have closed your account or deleted the information from your own profile. Referron Groups content associated with closed accounts will show an unknown user as the source. In addition, you may not be able to access, correct, or eliminate any information about you that other Members copied or exported out of Referron, because this information may not be in our control. Your public profile may be displayed in search engine results until the search engine refreshes its cache.
Product licensing
REFERRON and its licensees asks clients to login to Referron. The collection of this and other information enables us to ensure that only those clients who are eligible for certain services such as website access, product upgrades and customer support, receive it.
Provision of customer support
During the process of providing support, our Customer Support Team need to record the details of client issues in order to resolve them and this information is retained so that we can serve you even better the next time you ring. In exceptional circumstances we may require access to your system or database, this information is strictly controlled and is returned or deleted immediately once the issue is resolved.
Access to secure areas of our website
Clients are able to access many useful services through secure areas of our website and many more are being planned. We take all reasonable steps to keep your password and user name details confidential to ensure that your privacy rights are protected.
Security
REFERRON and its licensees takes reasonable steps to ensure the security of your information. We have differing levels of access for staff depending on the nature of the information stored, all soft and hard copies of data are kept in secure locations and our staff are trained in the proper use and protection of data.
Disposal
Information that is no longer needed is either deleted or permanently de-identified if electronic or shredded if in paper form.
Variations to this policy
The information contained here is current at the time of publication and is therefore subject to revision based on any legislation or regulations subsequently issued. Any subsequent revisions will be posted to our website. We suggest therefore that you review this policy regularly for changes.
REFERRON and its licensees aims to ensure that your personal information is accurate, complete and up to date. To assist us, please ensure that your details on your profile are updated when information changes
If you withdraw your consent at any time for your information to be used in accordance with this privacy policy, please be aware that REFERRON and its licensees may not be able to provide you with certain services. Should you have any questions or complaints about privacy issues please contact us through the contacts section on the home page.