TERMS AND CONDITIONS

The Ultrahuman Cyborg Referral Program (“Program”) offered by Ultrahuman Healthcare Private Limited (”Ultrahuman”, “us”, “our”) has been created to reward you, our loyal customers (“you”, “Member”, “Referrer”, “Participant”) for doing what you already do – recommending us to friends and family who sign on to be Ultrahuman Cyborgs (“Participants” or “Referred”). It is also created to reward your friends and family for listening to your great advice in referring us, by offering them a reward for signing up at your referral and help them skip the waitlist to experience Ultrahuman Cyborg! The following Ultrahuman Cyborg Program Terms and Conditions (“Program Terms and Conditions”) contain important information about our Program, so please read them carefully. These Program Terms and Conditions are a binding agreement between you and Ultrahuman and will govern your participation in any and all Program offers. By participating in the Program, you agree to the Terms and Conditions and the Privacy Policy as available on our website. You are not authorized to participate in the Program, if you do not agree to these Program Terms and Conditions in their entirety. Ultrahuman reserves the right to modify these Program Terms and Conditions at any time, at its sole discretion, and without notice to you. Participation in the Program is considered acceptance of Program Terms and Conditions and any modifications which might be made. Ultrahuman may also, in its sole discretion, change, cancel, suspend, or modify any aspect of the Program without notice. Ultrahuman also reserves the right to disqualify any Participants or Referred at any time from participation in the Program.

HOW THE PROGRAM WORKS

a. Mechanism
You can refer your friends and family who are not Ultrahuman Cyborgs, through the Ultrahuman app. Go to Metabolism tab > Scroll down to find ‘Refer and Win> Swipe up to send an invite > Enter the email address of those you want to refer and we’ll email them an accelerated invite on your behalf. For the avoidance of doubt, if any Referred was already an Ultrahuman Cyborg user, such a referral shall not be valid.

b. Duration
Program starts on 20th May (12:00 AM IST) and goes on until 31st May (11:59 PM IST) (“Program Duration”).

c. Reward
1. When you complete five successful referrals within the Program Duration, you win 1 (one) Marshall Speaker (“Reward 1”). When you complete fifteen successful referrals within the Program Duration, you win 1 (one) Dyson Air Purifier (“Reward 2”). Reward 1 and Reward 2 shall collectively be called as Rewards. A winner can win both Reward 1 and Reward 2. Referrals are considered successful when your Referred completes a purchase of any of the Ultrahuman Cyborg plans using your invitation within the Program Duration.

2. Every time your Referred purchase any of the Ultrahuman Cyborg plans within the Program Duration through your invitation, we'll ship them complimentary sensor(s) along with their purchase in the manner set out below:

2 weeks subscription: 1 complimentary sensor
12 weeks subscription: 2 complimentary sensors
52 weeks subscription: 4 complimentary sensors

d. Invites:
(i) Every time you renew your Cyborg purchaseEvery time you renew your Cyborg purchase, we’ll automatically add one invite to your profile. This is applicable for all plan durations.
(ii) Every time you successfully refer a friendWhen your Referred makes a purchase through the invite that you shared, we’ll email you about it and automatically add five invites to your profile. This is applicable for all plan durations.

The Rewards are awarded as soon as you complete five or fifteen successful referrals, as applicable, and just once. However, your Referred shall continue to get complimentary sensor(s) throughout the Program Duration as per subscription plan purchased by them.


d. Invites:
(i) Every time you renew your Cyborg purchaseEvery time you renew your Cyborg purchase, we’ll automatically add one invite to your profile. This is applicable for all plan durations.
(ii) Every time you successfully refer a friendWhen your Referred makes a purchase through the invite that you shared, we’ll email you about it and automatically add five invites to your profile. This is applicable for all plan durations.

ELIGIBILITY

To be eligible for participation in the Program, the Referrer must be a current or past customer of Ultrahuman. Both the Referrer and the Referred must be at least 18 years of age. Ultrahuman reserves the right to find ineligible any Participant in the Program at its sole discretion.

CONDUCT

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

b. Referrers agree not to use the Program to (”Prohibited Conduct”):

(i). Violate applicable law;
(ii). Infringe the intellectual property rights of Ultrahuman or any third parties;
(iii). Stalk, harass, or harm another individual;
(iv). Collect or store personal data about other Referrers;
(v). Impersonate any person or otherwise misrepresent Referrer's identity;
(vi). 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;
(vii) Interfere with another Referrer's use of the Program;
(viii). Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
(ix). Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
(x). Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
(xi). Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

Fraudulent and Suspicious Behavior

a) Ultrahuman may prohibit a Referrer from participating in the Program or receiving an Invite or Reward, in Ultrahuman’s sole discretion, if Ultrahuman determines that such Referrer 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 of intending to annoy, abuse, threaten or harass any other Referrers or any representatives of Ultrahuman.

(b) Referrers 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.

(c) Ultrahuman reserves the right to disqualify any Referrer and/or cancel any Invite(s) or Reward(s) if Ultrahuman finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.

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, ULTRAHUMAN RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION

Binding Effects

By participating in the Program, you agree to and are bound by the Program Terms and Conditions. If you do not wish to agree to and abide by the Program Terms and Conditions in their entirety, you are not authorized to participate in the Program.

Termination

Ultrahuman may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program or Program Terms and Conditions at any time, without notice. Ultrahuman may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Program Terms and Conditions or taking any actions that are inconsistent with the intent of these Program Terms and Conditions.

Release

By participating in the Program, Participants release Ultrahuman, its parent company, subsidiaries, affiliates, suppliers, advertising, and promotions agencies and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Program rewards.

General Terms

1.Ultrahuman and/or their directors, employees, officers, affiliates or subsidiaries shall not be responsible for system outages, delays, equipment malfunctions, errors or data loss of any kind, lost or unavailable connections, or failed, incomplete, garbled or deleted transmissions or other technological difficulties or any other force majeure event that may prevent a Participant from participating in the Program. Further, Ultrahuman will not be responsible or liable for: (a) any failure to receive recommendation due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or recommendations; (c) any computer or communications-related malfunctions or failures including but not limited to damages resulting from downloading any materials in connection with the Program; or (d) any printing or typographical errors in any materials associated with the Program; or (e) any disruptions, losses, damages (indirect, special, consequential, incidental or punitive), liabilities, injury or disappointment incurred or suffered as a result of entering/ participating in the Program; or (f) any delay, damage, non-receipt, lost, misrouted Invites or Rewards.

2.Ultrahuman shall not be liable for delay in delivery of Rewards due to non-availability of stocks or for any other reason beyond its control.

3.Ultrahuman shall not be liable for any loss or damage due to Act of God, Governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.

4.Ultrahuman does not make any commitment, express or implied, to respond to any feedback, suggestion and/or queries of the Participants or furnish any reason or explanation for inclusion and/or exclusion of any particular recommendation of any participant at any stage of the Program.

5.Ultrahuman reserves the absolute right to amend the Program Terms and Conditions or extend the Program duration or cancel or discontinue the Program or any part thereof without giving any reasons or prior notice.

6.Program is applicable only for Indian users and shall be void in any state where prohibited by law.

7.Ultrahuman shall not be liable to provide any free cash-back, gift(s) or compensation to the participant on any account where such participant is prohibited to participate in the Program due to applicable laws.

8.In no event shall Ultrahuman be liable for losses or any incidental or consequential damages arising out of or in connection with the Program, its services or any errors or omissions in these terms and conditions (however arising, including negligence). Ultrahuman shall not be responsible for any product or service liability of any kind for the Rewards.

9.In the event of any conflict or inconsistency regarding any instructions, rules and conditions on any advertising or promotional material relating to the Program, these Terms and Conditions shall prevail over all such other instructions, rules and conditions.

10.All rights, title and interest including but not limited to the Intellectual Property Rights in the promotional material(s) and any/all registrations received shall vest solely and exclusively with Ultrahuman at all times and Ultrahuman shall be entitled to use the database of the entries/registrations received or any information in any media for future promotional, marketing and publicity purpose without any further reference or payment or compensation to the participant. Participant shall be solely responsible for any consequences which may arise due to any kind of infringement of copyrights or any kind of intellectual property rights belonging to any other person/ entity and also undertake to indemnify Ultrahuman and its officers, directors, employees etc. on the happening of such an event (including without limitation cost of an attorney, legal charges etc.) on a full indemnity basis.

11.The decision of Ultrahuman in relation to the Program and matters incidental thereto shall be final and binding on the All disputes shall be governed by the laws of India. These terms and conditions shall be governed by exclusive laws of India and the courts located at Bengaluru, Karnataka shall have exclusive jurisdiction in respect of all the subject matter with relation to the Program.

ALL PARTICIPANTS ACCEPT THE TERMS AND CONDITIONS STATED HEREIN AND AGREE TO BE BOUND BY THE DECISION OF ULTRAHUMAN AND WARRANT THAT THEY ARE VOLUNTARILY PARTICIPATING IN THIS PROGRAM AND RELEASE ULTRAHUMAN FROM AND AGAINST ALL CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THEIR PARTICIPATION IN THE PROGRAM.