Stampshark Reward$ – Terms and Conditions
These Terms and Conditions (this “Agreement”), which is a legal agreement between you (“You”) and Contractor Taxation Limited (Hong Kong) (“We” or “Us”), shall govern Your and Our rights and obligations related to the Reward$ Programme (as described below) operated by Us and accessible through the application called “Stampshark” (the “Application”). For the avoidance of doubt, Stampshark is owned by Loyalty Solutions GmbH and You shall enter into separate terms and conditions to be entitled to use Stampshark. Loyalty Solutions GmbH is not a party to this Agreement and We are solely responsible for the Reward$ Programme. By checking any acceptance boxes and/or clicking any acceptance buttons when registering for Reward$, You (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to us that (i) You have the authority to enter into this Agreement (either on Your own behalf or by having a parent or legal guardian agree to the terms set forth herein on Your behalf), (ii) this Agreement is binding and enforceable against You, and (iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity.
1. Reward$ Programme; Rewards; Payments of Rewards
- Reward$ is a programme rewarding You for referring new businesses, retailers, restaurants, personal trainers and other service providers (the “Businesses”) to use Stampshark (the “Reward$ Programme”). The registration for the Reward$ Programme is for free.
- After You have signed up for Reward$ Programme in the Application and agreed to this Agreement You are entitled to refer new Businesses to Stampshark by entering the Business’s details in the Reward$ section of the Application. Referrals are only accepted through the Application. Referrals are not accepted for any Business which is or has been a Stampshark customer in the preceding 12 months. No retrospective Referrals are accepted. Upon referral, Businesses are sent a link where they can register for the Application. In the event that the Business You referred registers for the Application through the link generated by Your introduction and enters into a subscription (the “Subscription”), You shall receive a reward (the “Reward”). The Reward is equal to the Business´s first monthly Subscription fee, or two months´ Subscription fee if the Business takes an annual tariff.
- The Reward shall be transferred to a Paypal account designated by You. Payments made only be made to a valid Paypal account and cannot be made to bank accounts or paid in cash. Payments are processed on the 14th calendar day of each month, for fees received from Businesses in the preceding month. If You do not wish to receive a cash reward, You may choose to donate the amounts earned by You from the Reward$ Programme to the charitable institution determined by Stampshark and listed on the Stampshark website, as updated from time to time. . In such case the payment will be made to the charity on the same day it would otherwise have been paid to You. You are not eligible for any tax relief based on your donation. You are responsible for declaring your earnings to any tax authority and payment of taxes thereon.
- We are entitled to change at any time the way how Rewards are calculated with the outcome of increasing or decreasing the Rewards payable to You, provided that such change shall not be applicable to Rewards related to Businesses referred to before notifying You about the change.
2. Term and termination
This Agreement shall continue in full force until You or Us electing to terminate Your Reward$ account by notice to the other party (the “Termination”). Each party may terminate this Agreement anytime for any reason. Upon Termination, You shall no longer be entitled to access or use the Reward$ account. You shall receive Rewards in the month following termination for Subscriptions from Businesses already entered into. You shall not be entitled to receive any reward based on Subscriptions paid by Businesses referred by You if such Subscription payments are received after the Termination.
3. Marketing and other information materials
We are the sole owner of marketing materials and other information provided to You by Us. You agree that You shall use such marketing material and other information solely in connection with the Reward$ Programme and not otherwise. You are not entitled to make any changes to the marketing information presented to Businesses. You may not modify the content of the marketing materials provided to You by Us in a way to include information that:
- is false;
- contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals;
- includes any inside information and/or proprietary or confidential information learned or disclosed under nondisclosure agreements;
- You are restricted from using under any law;
- infringes upon the intellectual property rights of any third party; and
- has not been agreed to by Us in writing.
- You agree to treat as confidential all Our confidential information, not to use such confidential information for any purpose and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. You agree to take reasonable measures to ensure that all confidential information is kept securely.
- We shall not gather, store, resell or utilise in any way any information that would enable Your true identity to be revealed. We do however have the right to collect anonymous user data and use it to create marketing intelligence for our own and for the use of third parties. Your contact information is strictly confidential and shall never be revealed in any form to third parties.
Except as explicitly set forth herein, neither We, our affiliates or any of any such party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, make any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, and (b) as to the results that may be obtained by You by entering into this Agreement.
6. Limitation of liability
WE SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, ARISING OUT OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may not, without Our prior written consent, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
8. No third party beneficiaries
This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
This Agreement may be changed by Us upon posting an updated version of this Agreement in the Application, any such change to become effective immediately after posting such updated version of this Agreement as described above.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision shall be enforced to the maximum extent permissible under applicable law and the other provisions of this Agreement shall remain in full force and effect.
11. Force majeure
Neither party shall be liable to the other if such party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control including, without limitation, an act of God, fire, flood, explosion, terrorism, war, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, or acts of vandals, or hackers. The time for that party’s performance shall be extended for the period of the delay or failure to perform due to such occurrence.
12. Independent contractor
This Agreement shall not be construed as creating or constituting a partnership, joint venture, employment or agency relationship between the parties. Neither party shall have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. You use the Reward$ Programme entirely at Your own risk.
Each party shall pay its own costs and expenses in connection with this Agreement and its activities hereunder.
14. Entire agreement
This Agreement constitutes the entire agreement between Us and You with respect to the subject matter hereof and all prior oral or written agreements, representations or statements with respect to such subject matter are superseded hereby.
15. Governing law
To the extent any disputes arise under this Agreement or otherwise between the parties, the parties shall first attempt in good faith to resolve their dispute informally. This Agreement is governed by the laws of Hong Kong.
Contractor Taxation Limited
Unit 1010, Miramar Tower
132 Nathan Road
Tsumshatsui, Hong Kong