Referro : Terms & Conditions

TERMS & CONDITIONS

Effective Date: This Terms of Use Agreement was last updated on June 27, 2019.

This Terms of Use Agreement sets forth the standards of use of Referro Online Services (the "Service"). By using the referro.in website & apps (the "Site") you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on Site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended..

1. Description of Service

Referro is providing Member with the Service via the Site and apps. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.

By using the Site, you agree to only use the Service that are publicly accessible or to which you are properly enrolled or subscribed. Additional Services may be made available from time to time, with respect to which additional terms and conditions may be imposed by Referro via a separate click through or signed agreement.

Your right to use the Site and Service is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that you comply at all times with these Terms of Use and any separate agreement between you and Referro and subject to the limitations set forth herein, you are authorized to access the Site and apps and, to the extent you are eligible or otherwise subscribe, the Service. You are responsible for obtaining any equipment and Internet service necessary to access the Site and Service.

Except as expressly set forth in these Terms of Use or other written agreement between you and Referro, no license or other right in or to the Site or apps or Service are granted to you, by implication, estoppel, or otherwise and all such licenses and rights are hereby reserved.

Referro is messaging technological platform which offers offers from client for promotion & act as an agent of messaging. The messaging service might be chargable. Referro provides users with unique links to bifurcate the performance. All valid payments are payable within 120 days from the date of promotion.

All listed applications above application also provides refer and earn programme. The programme is available to existing users who refer the application to new users through a referral id/link/code provided by the existing user. Both the new and existing users will enjoy a bonus on a successful refer and earn programme mode completion.

Referro, reserves the right to provide / revoke / block access of any user without prior notice. 

2. User Conduct

You may not use the Site or Service to:

1.    1. acquire any rewards or item of value through the use of bot nets or automated means or through deception or misrepresentation in any respect;

2.    2. post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which Referro considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;

3.    sell or promote any products or services;

4.    introduce viruses, worms, Trojan horses and/or harmful code on the Internet;

5.    display material that exploits children under 18 years of age;

6.    post any material or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;

7.    harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;

8.    impersonate any other person, including but not limited to, a customer, supplier, Referro, or any persons associated with Referro;

9.    publish or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 18 years of age);

10. publish or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;

11. intentionally or unintentionally violate any applicable local, state, national or foreign law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Service, in any manner; or

12. invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

13. Any form of self referral or attempts for self-referral is strictly prohibited. 

14. Use of certain android apps are strictly prohibited in conjuction with the use of all Referro’s apps . 

You shall not: (a) modify, adapt or create derivative works based on the Site, the Service available from Referro,. or the Site's content; (b) "frame" or "mirror" any content or create Internet "links" to or from the site; or (c) disassemble, reverse engineer, or decompile the Service provided via this Site or its content, or access the Site or its content in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.

Any special rules for the use of certain content accessible through Services available through this Site may be included elsewhere within the site and are incorporated into these Terms of Use by reference.

Referro, reserves the right, without prior notice and in its sole discretion, to decide whether any Member violates these terms and conditions for any of the above reasons or for any other reason, and if so, to remove offending content and/or terminate your access to the Site and/or the Service.

In case of violations or attempts for violations are suspected, Referro, reserves the rights to revoke and reclaim all the benefits / rewards / awards / bonus promised or rewarded to the user in any form. 

By accepting this agreement, you will be acting as Referro’s Affiliate & Partner to collect data i.e. through sharing your personal contacts list and to promote Referro’s client’s offers.

3. Disclaimer of Warranties

The site is provided by Referro,. on an "as is" and on an "as available" basis. All content and features of the site and Service are subject to change or termination without notice in the sole discretion of Referro

To the fullest extent permitted by applicable law, Referro makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, completeness or otherwise. Referro shall have no liability for any interruptions in the use of this Site, or for failing to correct defects, or for viruses or other harmful components spread by or through the site. Referro disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

4. Limitation of Liability

REFERRO SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR REFERRO SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATED TO, OR THE USE OF OR THE INABILITY TO USE, THE SERVICE, THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF REFERRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

5. Indemnification

Member agrees to indemnify and hold Referro, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

6. Modifications and Interruption to Service

Referro reserves the right to modify or discontinue the Service with or without notice to the Member. Referro shall not be liable to Member or any third party should Referro exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Referro does not guarantee continuous, uninterrupted or secure access to our Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

8. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by vendors or suppliers to Referro ("Vendors") or collected from publicly available sources. No reference to any third party or third party product or service shall be construed as an approval or endorsement by Referro of that third party or of any third party product or service. Referro makes no representations or warranties as to the accuracy or reliability of any information provided on this Site. Referro makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Law

Our Site is operated and provided in the Union of India. As such, we are subject to the laws of India, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of India.

10. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Botnets

Use of botnets or any other automated means of accessing or using the Service, or to deceptively obtain item of value through the Site or Service are expressly prohibited and any such use shall constitute a violation of these Terms of Use. Use of botnets or other automated means to acquire rewards through the Site or Service constitutes fraud which Referro may fight through any legal means. Referro retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Referro reserves the right to direct the involved hostnames to a honey pot, loopback address, logging facility, or any other destination at our discretion.

12. Notice and Takedown Procedure

If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Referro 's copyright agent and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
5. A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Referro contact for copyright issues relating to this Site is as follows:

 Katraj, Pune MH 411046 IN

In an effort to protect the rights of copyright owners, Referro maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this Site who are repeat infringers.

13. Indemnification

You agree to indemnify, defend and hold harmless Referro, its affiliates, officers, directors, employees, consultants, agents, representatives, licensors, and suppliers, from any and all claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising out of or relating to (1) your use of the Site or Service; (2) your violation of these Terms of Use, including without limitation any representations and warranties hereunder and any agreements incorporated by reference; and/or (3) your infringement, or infringement by any other user of your account(s), of any intellectual property or other right of any person or entity.

14. Disputes

All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Pune, India. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Referro shall be entitled to seek injunctive relief, security or other equitable remedies from the court of competent jurisdiction. If any part of these terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Referro may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

15. Copyright and Trademark Information

Trademark Information

All other trademarks are the property of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Referro

Copyright Information

All content included or available on this Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2019 Referro with all rights reserved, or is the property Referro and/or third party licensors protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer Referro. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Referro Any use of the content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

15. Other Terms

Referro, a company incorporated under Companies Act, 1956 and having its registered office at A-104, Samruddhi Swapnshilp, Swami Samarthnagar, Katraj-Kondhwa Rd, Pune-411046 here in after referred to as "the Advertising Agency" And

User using application here in after referred to as "Publisher or Client"

1. Appointment

Agency appoints publisher as Agency’s advertising partner for in connection with the services of agency described in RO/IO or mail or in Application, shared on campaign basis, for a term (“Term”) as hereinafter provided.

2. Scope of Advertising Services

Publisher will provide Agency with the advertising services provided in RO/IO or mail or in Application. Should Agency request Publisher to perform additional services beyond what is provided in RO/IO or mail or in Application, Agency and Publisher will negotiate in good faith with respect to the terms, conditions, and compensation for such additional services. Any agreement for additional services will be set forth in writing or mail or in Application and considered an addendum to this Agreement.

Agency shall either directly or through affiliates, solicit or sell marketing messages to be placed into the Publisher website from third parties in the form of some or all of the following as determined by Agency and Publisher ("Advertising"):

1. SMS Marketing only through approved lines

3. Ownership

All campaigns, trademarks, service marks, slogans, artwork, written materials, drawings, photographs, graphic materials, film, music, transcriptions, or other materials that are subject to copyright, trademark, patent, or similar protection (collectively, the “Work Product”) produced by Publisher are the property of the Agency provided: (1) such Work Product is accepted in writing by the Agency within twelve (12) months of being proposed by publisher; and (2) Agency pays all fees and costs associated with creating and, where applicable, producing such Work Product. Work Product that does not meet the two foregoing conditions shall remain Publisher’s property.

Notwithstanding the foregoing, it is understood that Publisher may, on occasion, license materials from third parties for inclusion in Work Product. In such circumstances, ownership of such licensed materials remains with the licensor at the conclusion of the term of the license. In such instances, Agency agrees that it remains bound by the terms of such licenses. Publisher will keep Agency informed of any such limitations.

4. Term

The term of this Agreement shall commence on the execution date and shall continue till terminated by either party or by mutual consent.

5. Payment

Fees payable under this Agreement (IO/RO) will not be inclusive of applicable Taxes and levies as per Government of India only, it excludes bank charges and other similar levies and expenses related to publisher in connection to the applicable agreement.

6. Confidentiality and Safeguard of Property

Agency and Publisher respectively agree to keep in confidence, and not to disclose or use for its own respective benefit or for the benefit of any third party (except as may be required for the performance of services under this Agreement or as may be required by law), any information, documents, or materials that are reasonably considered confidential regarding each other’s products, business, customers, publisher, suppliers, or methods of operation; provided, however, that such obligation of confidentiality will not extend to anything in the public domain or that was in the possession of either party prior to disclosure. Agency and Publisher will take reasonable precautions to safeguard property of the other entrusted to it, but in the absence of negligence or willful disregard, neither Agency nor Publisher will be responsible for any loss or damage.

7. Indemnities

Publisher agrees to indemnify and hold Agency harmless with respect to any claims or actions by third parties against Agency based upon material prepared by Publisher, involving any claim for libel, slander, piracy, plagiarism, invasion of privacy, or infringement of copyright, except where any such claim or action arises out of material supplied by Publisher to Agency.

Agency agrees to indemnify and hold Publisher harmless with respect to any claims or actions by third parties against Publisher based upon materials furnished by Agency or where material created by Publisher is substantially changed by Agency. Information or data obtained by Publisher from Agency to substantiate claims made in advertising shall be deemed to be “materials furnished by Agency.” Agency further agrees to indemnify and hold Publisher harmless with respect to any death or personal injury claims or actions arising from the use of Agency’s products or services.

8. Commitments to Third Parties

All purchases of media, production costs, and engagement of talent will be subject to Agency’s prior approval. Agency reserves the right to cancel any such authorization, whereupon Publisher will take all appropriate steps to effect such cancellation, provided that Agency will hold Publisher harmless with respect to any costs incurred by Publisher as a result.

If at any time Publisher obtains a discount or rebate from any supplier in connection with Publisher’s rendition of services to Agency, Publisher will credit Agency or remit to Agency such discount or rebate.

For all media purchased by Publisher on Agency’s behalf, Agency agrees that Publisher shall be held solely liable for payments only to the extent proceeds have cleared from Agency to Publisher for such media purchase; otherwise, Agency agrees to be solely liable to media (“Sequential Liability”). Publisher will use its best efforts to obtain agreement by media to Sequential Liability.

9. Fraud or Cheating traffic

Publisher will not, and shall not authorize any party to generate automated, fraudulent or otherwise invalid impressions, clicks or installs. If, in Agency reasonable business judgment, activity related to the Publisher website is suspected or determined to be so-called "click-fraud" , “install-fraud” or "impression fraud" (the illicit manipulation of advertising revenue), whether in any automated or human way, by the use of a person, an automated script or a computer program (for example, online robots or "bots") to click on Agency provided advertisements, or any other fraudulent means, to increase impressions, clicks or installs skew results or imitate a legitimate user of a web browser reloading or clicking on an ad for the purpose of generating an improper click, installs or impression value and generating revenue, Agency may suspend or otherwise disable Publisher's Account until such time as the matter is resolved to Agency satisfaction.

Publisher acknowledges that Agency, or a third-party designated by Agency, may use cookies to monitor visitor information in order to track suspicious clicks or in-app behavior through source and behavior of the click traffic.

Agency retains the right to not credit Publisher for those clicks, installs or impressions that it reasonably determines or suspects are fraudulent.

At any time that Agency discovers that publishers uses/used any of the above cheating methods, all the cheating promotion data shall be invalid. Agency has the right (1) to demand or directly deduct a penalty fee in payment of the invoice period, and the penalty fee is 2 times of the promotion fee created by the Partner during the day(s) of cheating and; (2) to reject the whole payment as generated in the current month settlement period or in the payment period mentioned in the invoice and; (3) to demand the refunding of the corresponding amount if pre-paid or if Agency had paid the cheating promotion fee during the previous period.

10. Termination

Both Parties can terminate this agreement by giving thirty (30) days written notice to the other Party, all the terms and conditions outlined in this agreement stand valid for all campaign launched previously.

11. Non Solicitation

Each party agrees and undertakes that from the Effective Date and during the Term or any time after the expiration of this Agreement, they shall not directly or indirectly, on their own behalf or on behalf of others, solicit, recruit, or induce or attempt to persuade any person now or at any time hereafter engaged by Agency as an employee, officer, director, independent contractor, advisor, consultant or otherwise, to terminate their employment with, or otherwise cease their relationship with the Agency.

12. Amendments

Any amendments to this Agreement must be in writing and signed by Agency and Publisher.

13. Governing Law

This Agreement shall be interpreted in accordance with the laws of the Government of India without regard to its principles of conflicts of laws. Jurisdiction and venue shall be solely within the State of Maharashtra only.

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Referro, in our sole discretion, to a third party in the event of a merger or acquisition, but that you may not assign or transfer these Terms of Use without prior written consent of Referro This Terms of Use are the entire agreement between the parties relating to the subject matter herein, supersedes all previous communications, understandings and agreements (whether oral or written) and shall not be modified except in writing signed by both parties, in your express acceptance of other terms in the course of your use of this Site or by posting by of new Terms of Use from time to time; provided that, if you have an existing click through agreement or written agreement with Referro, that existing click through agreement or written agreement shall continue in full force and effect without amendment by these Terms of Use. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. These Terms of Use do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party is authorized to assume or create any obligation or responsibility on behalf of, or in the name of, the other or to bind the other in any manner. If you have any questions about these Terms of Use, please contact Referro by email at contact@referro.in