S.T. Swimm Tech Ltd. (“Swimm” or “us”, “our”, “we”) offers you, an employee of a Swimm business customer (“Participant” 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.
Participants are bound by these Customer Referral Program Terms and Conditions (the “Terms and Conditions”) by participating in the Program. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register to or participate in the Program in any other manner. You 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 as well as to terminate the Program completely at any time at our sole discretion.
How it works
You must complete and submit the Referral Form available at [please insert the correct link] (“Referral”).
The purpose of the Program is to encourage Participants to introduce Swimm products and services to their colleagues, friends, business partners and customers (“Referred Customer”).
Any Participant who qualifies under the terms set forth below for a successful referral will be entitled to a “Referral Award” (as defined below).
Swimm will determine, at its the sole discretion, if any Participant in the Program meets the qualifications hereunder and reserves the right to disqualify any person or entity from participation in the Program at any time, including without limitation if he/she/it does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws. Any decision by Swimm as aforesaid shall be final and may not be appealed or be subject to court proceedings of any kind, as specified in Article 33 of the Israeli Contracts (General Part) Law, 5733 – 1973.
The company which employs you (the “Company”) must be a Swimm customer and an active Swimm user for at least 60 days up to the date of Referral.
The Referred Customer must not be (a) yourself or your Company; (b) a company where you own at least 50% of issued and outstanding capital or a company where you are a director, manager, or a current employee; and (c) must not have engaged with Swimm in any previous, ongoing or prospective business relationship.
The Referred Customer must log into a Swimm product and participate in at least one onboarding session within 2 months of the date of the referral (the “Transaction”).
To claim the Referral Award, you will be required to provide your name, company name and email. You may also be required to provide additional documents required for tax withholding purposes.
A Participant will be entitled to, at most: a single Referral Award per Referred customer.
In case of multiple Participants referring the same Referred Customer, only the first Participant will be entitled to the Referral Award.
Current Swimm employees are not eligible to participate in this Program.
Participants must be at least 18 years old.
For the avoidance of doubt, all issues of eligibility will be decided by Swimm in its sole discretion.
The Referral Award
A Participant eligible for a Referral Award will receive a gift card … [Please fill in the gift card benefits] Participants are not entitled to receive a cash prize or other substitution in lieu of the gift card.
The Referral Award will be awarded within 30 days [Is this an acceptable timeframe?] commencing on the date when the Referred Customer has undergone its first onboarding session with a Swimm product. Swimm will deliver the Referral Award to the email provided by you on the Referral Form. You are solely responsible for providing Swimm with your correct details and waive any claims against Swimm that the Referral Award has not been received or was not able to be delivered due to incorrect details. Participants are not entitled to receive a cash prize or other substitution in lieu of the gift card. However, if Swimm is unable to deliver the Referral Award to you for whatever reason, including but not limited to regulatory reasons, Swimm may at its sole discretion provide a different Referral Award of an equivalent value, with or without prior notice, or rescind the Referral Award altogether.
You may not: (a) assign or resell all or any part of the Referral Award; (b) use the Program for any purpose that is unlawful or prohibited by these Terms and Conditions; and (c) use the Program to send altered, deceptive or false source-identifying information or spam, including but not limited to sending out junk emails with the referral link.
Swimm may prohibit anyone from participating in the Program or receiving a Referral Award if they determine such Participant is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way, including by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass anyone. Use of any automated system to participate is strictly prohibited and, if discovered, will result in disqualification. Swimm reserves the right to disqualify anyone, disable or suspect an account, and contact legal authorities (including law enforcement), if it should discover a user is tampering with the entry or referral process or the operation of the Program, violating these Terms and Conditions or otherwise engaged in illegal activities. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, it may be changed, suspended or cancelled retroactively.
You hereby acknowledge and consent to Swimm personnel approaching the Referred Customer and noting your Referral.
You hereby represent and warrant that you have the full right to provide Swimm with any names and email addresses for the purpose set forth in these Terms and Conditions.
You are responsible for determining that participation in the Program and receipt of the Referral Award is in compliance with all policies and requirements of your company and jurisdiction. Your participation in the Program will be considered confirmation of your full compliance with any such policies and requirements.
THE PROGRAM AND THE REFERRAL AWARD IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE PROGRAM, ANY MATERIALS OR ANY SERVICES OR PRODUCTS AVAILABLE IN CONNECTION WITH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT.
IN NO EVENT SHALL SWIMM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE PARTICIPATION IN THE PROGRAM, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PROGRAM OR ANY REFERRAL AWARD, EVEN IF SWIMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By participating in the Program, you agree to indemnify, defend, and hold harmless Swimm and its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents, attorneys, insurers, independent contractors, providers, successors and assigns from and against any and all liabilities incurred in connection with (i) your use or inability to use the Program and/or Swimm products or services; (ii) your breach or violation of these Terms and Conditions; (iii) your violation of any law, or the rights of any user or third party, including with respect to the content of your Referral; (iv) statements or conduct of any third party on or through the Program. Swimm reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Swimm.
Payments and Taxes
Swimm is not responsible for any taxes, customs or other tax issues relating to the issuing of this Referral Award. Any additional tax payment is your sole responsibility.
If and to the extent Swimm is required by an authorized tax authority to withhold any taxes on the Referral Award, Swimm shall provide all required reporting and withhold any such amounts as required by law.
In order to receive your Referral Award, you may be subject to additional payment requirement such as, for example, customs payments, income tax, etc. You are solely responsible for payment for all such taxes as they are levied and as they apply to you. Swimm shall make no such payments and shall not be responsible for any payment of any amount required in order to allow the delivery and shipment to you.
These Terms and Conditions are exclusively governed by the laws of the State of Israel, without regard to conflict of laws. Without derogating from the aforesaid “How it Works” section, the courts of Tel-Aviv shall have exclusive jurisdiction over any dispute arising out of these Terms and Conditions.
In circumstances not addressed by the terms hereunder, the terms of Swimm’s General Terms of Service (https://swimm.io/terms-of-service), and/or any other terms of service to which you had agreed, shall apply. The terms hereunder shall prevail with respect to any inconsistency with Swimm’s General Terms of Service. The failure of Swimm to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, Swimm and Participants nevertheless agree that the court should endeavor 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.