Official Rules: Stackunfold Referral Program

Effective Date of Current Policy: August 22, 2022

Stackunfold Education LLP ("Stackunfold" or "We") offers users (“Users" 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. The Program is administered by Stackunfold.

Terms and Conditions

Users are bound by these Terms and Conditions by participating in the Program. By participating in the Program, users agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as an user or to participate in the Program in any other manner. Users 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. We reserve the right to disqualify any users from participation in the Program at any time at our sole discretion, including without limitation if they do not comply with any of these Terms and Conditions or otherwise fail to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by Stackunfold).

Children

No part of the program is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

I. How the Program Works

A. Program Participation, Generally

  1. To participate in the Program, users should visit stackunfold.com/referral and follow the on-screen instructions to refer friends, family members, or colleagues to the Program by entering their names and email addresses in the relevant fields.
  2. Individuals who receive a referral via an user are "Friends" (or, singly, a "Friend"). An "Eligible" user who is fully compliant with these Terms and Conditions may receive "Reward(s)" for every "Qualified Referral" (all terms in quotes to be understood as defined below).
  3. By participating in the Program, an user represents that they have their Friend's prior consent to provide their email addresses.

B. Eligible user

To be "Eligible," an user must:

  1. Be a legal resident of the United States of America or Canada.
  2. Be at least 18 years old.

C. Making a Referral

  1. An user must register at stackunfold.com/referral to make a referral. No previous purchase is required (purchasers and non-purchasers alike are eligible). Once an user refers a Friend, they will be provided with a unique referral link ("Personal Link") that allows the user to receive credit for Qualified Referrals ("Credit"). Personal Links will be issued only to individuals.
  2. Users must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Users cannot refer themselves. For example, an user may not create multiple or fake accounts with Stackunfold or participate in the Program using multiple or fake email addresses or identities.

D. Qualified Referrals

A "Qualified Referral" means that all the following conditions are met:

  1. The Friend completed the signup process on Stackunfold using the user’s Personal Link.
  2. The Friend was not previously registered with Stackunfold under any email address or alias.
  3. The Friend is a legal resident of the United States of America or Canada and at least 18 years old.
  4. The Friend makes a purchase of practice tests using the user’s Personal Link.
  5. An user may earn one Reward for each Friend’s purchase, up to a maximum of $599 in Rewards value per calendar year, unless otherwise allowed by Stackunfold. Any additional or subsequent purchases made by a Friend for any item will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals. No partial rewards will be given.

E. Earning Rewards

  1. Users shall receive in their Stackunfold account one (1) reward (each, a "Reward") in the form and value determined by Stackunfold for each verified Qualified Referral generated by user. An user may earn a maximum of $599 in Rewards value per calendar year for Qualified Referrals. Any additional or subsequent referrals made by an user will not be considered Qualified Referrals and thus not be entitled to the Reward. No partial rewards will be given.
  2. Rewards may be redeemed in various forms at Stackunfold’s sole discretion, including, but not limited to, discounts on practice tests or other benefits offered through the Stackunfold platform.

F. Verified Qualified Referrals

Rewards are subject to verification. Stackunfold may delay a Reward for the purposes of investigation. Stackunfold may also refuse to verify and process any transaction Stackunfold deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Stackunfold, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents. All of Stackunfold's decisions are final and binding, including decisions as to whether a Qualified Referral, or Reward is verified.

G. Transfer and Value of Credit and Rewards

Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Upon termination of the referral program or any portion thereof for any reason, or upon cancellation of a Referrer's Stackunfold account for any reason, any unredeemed Rewards that have not yet been delivered to the Referrer are forfeited.

II. Privacy

Users may participate in the Program made available by Stackunfold in order to refer their Friends to Stackunfold as potential customers. To do this, users must necessarily submit personal information about themselves and their Friends, such as name and email address information, so that Stackunfold can send communications to the Friends on the users' behalf. The personal information will be collected, processed, and used in accordance with Stackunfold's Privacy Statement, which can be found at stackunfold.com/privacy. Users understand that, in addition to the initial communications to Friends, Stackunfold may also use the personal information to send to Friends additional follow-up communications on behalf of the users in order to encourage or remind the Friends to complete a purchase. However, Stackunfold will not contact Friends unless and until Stackunfold receives explicit permission from the user to do so. The personal information may also be used by Stackunfold to contact users with regards to their participation in the Program and to send to users additional communications from Stackunfold.

III. Content Ownership and Use

A.

Stackunfold’s online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between user and Stackunfold, all Content is the property of Stackunfold or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Stackunfold’s online platform or the Program is the exclusive property of Stackunfold and is protected by copyright, trademark, and other laws.

B. License to You

  1. Stackunfold authorizes you, subject to these terms, to access and use Stackunfold’s online platform, the Program, and the Content solely for your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

C. Trademarks

  1. The registered or unregistered logos, product, and service names contained in Stackunfold’s online platform or the Program are or may be trademarks of Stackunfold or its licensors (the "Marks"). Without Stackunfold’s prior written permission, and except as solely enabled by any link as provided by Stackunfold, you agree not to display or use in any manner the Marks.

IV. Liability

A. By participating in the Program, users agree to:

  1. Be bound by these Terms and Conditions, the decisions of Stackunfold and its designees, and the Privacy Policy of Stackunfold.
  2. Defend, indemnify, release, and hold harmless Stackunfold, its parent companies, affiliates, and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation, or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs, or expenses caused by, arising out of, in connection with, or related to users' participation in the Program (including, without limitation, any property loss, damage, personal injury, or death caused to any person(s) and/or the awarding, receipt, and/or use or misuse of the Program or any Reward).

B. Stackunfold shall not be liable for:

  1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled, or unintelligible entries, communications, or affidavits, regardless of the method of transmission.
  2. Telephone system, telephone or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors.
  3. Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials.
  4. Any printing, typographical, administrative, or technological errors in any websites or materials associated with the referral program.
  5. Claims, demands, and damages in disputes among users or between users and Friends.
  6. Any other injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a reward, or from participation in the Program, that were not reasonably foreseeable to Stackunfold at the relevant time.

C.

Stackunfold disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other cause beyond Stackunfold’s control corrupt the administration, security, or proper operation of the Program.



D.

Stackunfold shall not be liable to any user for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.



E.

Stackunfold reserves the right to cancel or suspend the Program should Stackunfold determine, in its sole discretion, that the administration, security, or fairness of the Program has been compromised in any way.

F. Disclaimer of Warranties

  1. Users EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND STACKUNFOLD EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) STACKUNFOLD MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

G. Limitation of Liability and Indemnification

  1. Users EXPRESSLY UNDERSTAND AND AGREE THAT STACKUNFOLD (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STACKUNFOLD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
  2. TO THE FULLEST EXTENT POSSIBLE BY LAW, STACKUNFOLD'S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD. Users SHOULD USE THE PROGRAM AT THEIR OWN RISK.

V. Publicity

Participation in the Program or acceptance of a Reward constitutes permission to Stackunfold to use any user's first and last name, company name, Stackunfold profile information, statements, biographical information, city and state address, social media activity, and/or public online content for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission, or further compensation of any amount or kind whatsoever, where and to the greatest extent permitted by applicable law.

VI. Conduct

A.

If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Stackunfold reserves the right to cancel, change, or suspend the Program.

B. Prohibited Conduct, Generally

Users agree not to use the Program to:

  1. Violate applicable law;
  2. Infringe the intellectual property rights of Stackunfold or any third parties;
  3. Stalk, harass, or harm another individual;
  4. Collect or store personal data about other users;
  5. Impersonate any person or otherwise misrepresent user's identity;
  6. Interfere with, disrupt, or violate the Terms and Conditions or servers or networks connected to the Program, or disobey any requirements, procedures, policies, or regulations of such networks;
  7. Interfere with another user's use of the Program;
  8. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
  9. Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
  10. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  11. Resell, barter, trade, auction, or otherwise generate income by providing access to the Program to others.

C. Bulk Distribution ("Spam")

  1. If an user provides a Personal Link to a Friend by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members.
  2. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in Stackunfold’s sole discretion is expressly prohibited and may be grounds for immediate termination of the user's account and deactivation of the personal link. Stackunfold has a no-tolerance spam policy.
  3. Stackunfold has no obligation to monitor the content provided by users; however, Stackunfold may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
  4. While Stackunfold is the actual sender of the referral email, each user must nonetheless comply with applicable law. users who do not comply with the law, including antispam laws, are obligated to indemnify Stackunfold and all of the Released Parties against any liabilities, costs, and expenses incurred as a result of such violation.

D. Fraudulent and Suspicious Behavior

  1. Stackunfold may prohibit an user from participating in the Program or receiving a Credit or Reward, in Stackunfold’s sole discretion, if Stackunfold determines that such user is attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten, or harass any other users or any representatives of Stackunfold.
  2. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
  3. Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities, or use any system, bot, or other device or artifice to participate in the Program or receive a Reward.
  4. Stackunfold reserves the right to disqualify any user and/or cancel any Reward(s) if Stackunfold finds an user to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
  5. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, STACKUNFOLD RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

VII. Suggestions and Submissions

Stackunfold appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that Stackunfold does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While Stackunfold values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send Stackunfold Creative Ideas, Stackunfold:

  1. Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
  2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
  3. Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

VIII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial

  1. Any and all disputes, claims, and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under Indian law (without reference to its conflicts of laws principles).
  2. Users and Stackunfold agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Stackunfold’s online platform or the Program under the rules of the Arbitration and Conciliation Act, 1996, as amended from time to time. Any such arbitration, to the extent necessary, shall be conducted in English in Delhi, India. Users covenant not to sue or otherwise bring a claim against StackUnfold in any other forum.
  3. Users also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to users' use of the Program or this agreement:
    1. Users ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
    2. Users ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

IX. General Terms

These terms constitute the entire agreement between users and Stackunfold concerning users' use of the Program. The failure of Stackunfold to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Stackunfold and users 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. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.