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TERMS AND CONDITIONS

1. GENERAL OVERVIEW

  • We, HackerEarth Inc. a Delaware corporation with a place of business at 550 Bryant Street, San Francisco, California-9410707 (“we”, “us”, “our”, the “Company”) is offering you (“you”, “your”, the “Participant”) the opportunity to participate in the HackerEarth Referral Program (“Referral Program”). 
  • These Terms and Conditions are applicable to all users who participate in the Referral Program. The Participant agrees to these Terms and Conditions along with the ‘Terms of Service’, ‘Privacy Policy’ and any other applicable policy (“Policies”), which may be updated from time to time, to participate in the Referral Program.  
  • Your participation in this Referral Program will be considered as your acceptance to these Terms and Conditions in their entirety.

2. ELIGIBILITY FOR REFERRALS 

  • A Participant may be eligible to participate in the Referral Program upon satisfying all the following conditions(as applicable):
    • Must be of the legal age in their state of residence to enter and execute this Terms of Conditions;
    • Must be currently employed with a existing customer of the Company;
  • A successful referral shall mean the acceptance of an offer not exceeding six (6) months from the date such offer is issued by the Company to the new customer whose details should necessarily be shared by the Participant under these Terms and Conditions. (Time frame)
  • This Referral Program is open to all, except if the Participant or the Referral Manager are a resident of Crimea, Cuba, Iran, Syria, North Korea, Sudan, or of a country otherwise designated by the United States Treasury’s Office of Foreign Assets Control or any other jurisdiction where this Referral Program is otherwise prohibited or restricted by applicable federal, state, territorial, provincial or local laws, rules or regulations (subject to change; see http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx for additional information)
  • We reserve the right to determine your continued participation in the Referral Program and may reject your application to be a part of the Referral Program including breach of Company Policies. Further, the Company may from time to time, without intimation, update the eligibility criteria to be a part of the Referral Program. In the event that you do not meet the conditions as per such updated criteria, you may be disqualified.

3. PAYMENT TERMS

  • At the end of each reference, the Participant shall share the details of the new customer with the Company. Upon review and verification of the details provided by the Participant, the Company shall provide a confirmation on the success of such referral.  
  • For each successful referral, the eligible Participant and the Referral Manager shall be eligible to receive a referral fee by way of a voucher having a value of USD 100 each respectively. This term shall be valid and applicable for all Participants and Referral Managers residing in any country subject to Section 2(iii).
  • Participants in the Referral Program shall be limited to a total of 5 vouchers.
  • All payments made under this Terms and Conditions shall be subject to applicable taxes.  

4. RESPONSIBILITIES OF THE PARTICIPANT

A Participant shall be responsible for the following:

  • Providing full and accurate details of the new referral in the format as required by the Company.
  • The Company reserves the right to block a Participant or Referral Manager and discontinue such participation in the Referral Program if the Participant or Referral Manager has breached or is suspected to breach any of the Policies.
  • The Company has various participants who are a part of the Referral Program. Therefore, if the information regarding a new customer has already been received by the Company via another Participant, then the new customer shall be credited to the first Participant who has shared such information with the Company.
  • The Participant agrees that details collected from the new customer shall constitute personal data including the name,Email ID, contact number, designation, company name, entire address of the new referral as defined under applicable laws (valid present and future laws, regulations, rules and orders of appropriate government authorities now or hereafter having jurisdiction over the participant or the obligations performed under this Terms and Conditions) and hereby undertakes to comply with all applicable laws relating to such data including without limitation obtaining consent for the processing of their personal data, storing their personal data etc.
  • The Participant represents and warrants to be fully compliant with all applicable laws while executing its obligations under these Terms and Conditions.
  • In the event of a successful referral, the Participant must designate only one (1) employee currently on the rolls of the successful referral as the referral manager (“Referral Manager”) and provide all details with respect to such Referral Manager to the Company. Such Referral Manager shall be deemed to be the authorised primary point of contact with respect to this Referral Program and shall reasonably coordinate with the Company as requested. The Participant shall be solely responsible for electing such Referral Manager.

5. DISCLAIMER OF WARRANTIES 

YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THIS REFERRAL PROGRAM IS AT YOUR OWN RISK. THE REFERRAL PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, THROUGH THIS TERMS AND CONDITIONS, MAKES ANY WARRANTY REGARDING THE REFERRAL PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6. LIMITATION OF LIABILITY

  • The Company will not be liable for any indirect, incidental, special, exemplary, punitive or/and consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with or arising from this Terms and Conditions or the Referral Program, even if the Participant has been advised of the possibility of such damages.  
  • In no event shall the Company’s total liability to you in connection with the Referral Program for all damages, losses and causes of action exceed the amount of USD 500.  

7. INDEMNITY

You agree to indemnify and hold harmless the Company, its officers, directors, employees from any and all claims (including third party claims), demands, losses, liabilities and expenses (including legal expenses) arising out of or in connection with (i) your participation in the Referral Program and (ii) your breach of the Terms and Conditions.  

8. GOVERNING LAW

These Terms and conditions shall be exclusively governed by the laws of the state of California. In case of any dispute, you agree to endeavor to settle such a dispute in an informal manner with the senior executive of the Company. In the event the same fails, then the courts of California shall have exclusive jurisdiction over such a dispute.

9. TERMINATION

  • The Company may terminate the Terms and Conditions immediately without notice in the event of any breach by the Participant of these Terms and Conditions or any of the Company’s policies.
  • In the event of termination, all obligations meant to survive the termination of these Terms and Conditions shall survive including without limitation indemnification, disclaimer of warranties, limitation of liabilities.
  • You may choose to terminate this Terms and Conditions by notifying the Company at: Email ID: social@hackerearth.com

10. MISCELLANEOUS 

  • Severability: If any part of these Terms and Conditions are determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to the applicable law, then the invalid or unenforceable provision under such territory will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect as is.
  • Entire agreement and waiver: Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between the Participant and the Company in respect of the Referral Program and supersedes all previous written and oral agreements between them. The Company’s failure to act with respect to a breach by the Participant or others does not waive its right to act with respect to subsequent or similar breaches.
  • Relationship between Parties: Notwithstanding anything contained hereinto to the contrary, the relationship between the parties shall be on a principal-to-principal basis and nothing in the Terms and Conditions will be construed as creating an agency, partnership, joint venture, association of persons or employment relationship between the parties.
  • Assignment: The Participant shall not be entitled to assign its account under the Referral Program, to any person without the consent of the Company.