
Your Membership of the LTDnetwork® Loyalty Program and entitlement
to accumulate and redeem Loyalty Token Dollars is subject to these
Terms & Conditions. If you do not accept, agree or wish to comply
with these Terms & Conditions then you should not install or
immediately uninstall / remove SurfAssist® from your computer.
Your continued use of SurfAssist® constitutes and evidences
your acceptance of these Terms & Conditions.
Introduction
The LTDnetwork® Loyalty Program enables you to accumulate Loyalty
Token Dollars for all manner of online activity, including viewing
LTDnetwork® Web Sites, purchasing Products online from affiliated
Merchants, referring new members to the LTDnetwork® Loyalty
Program and taking part in promotions.
Once you have accumulated enough available Loyalty Token Dollars
then you will be able to redeem them in exchange for an exciting
and ever changing range of rewards.
We trust you will enjoy your experience.
LTDnetwork® Loyalty Program
We own and operate the LTDnetwork® Loyalty Program and reserve
all rights in respect of Membership, the accumulation and redemption
of Loyalty Token Dollars, availability and cancellation/suspension
at any time of the LTDnetwork® Loyalty Program.
LTDnetwork® Web Sites
Your use of LTDnetwork® Web Sites is subject to its Terms of
Use. Membership is subject to your acceptance of the Terms of Use.
If you do not accept the Terms of Use then you do not accept these
Terms & Conditions and you should not install or immediately
uninstall/remove SurfAssist® from your computer.
Membership
We reserve the right to accept or reject any application for Membership.
Membership is currently restricted to individuals 18 years or older.
You are only entitled to maintain one account at any time.
Corporations, associations, partnerships or other entities are not
eligible to become Members.
Your personal details are accessible by logging into your profile
page via SurfAssist®. You agree to promptly notify us of any
change in your personal profile, including email and address, by
updating your personal information on SurfAssist®.
You agree to:
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provide only true and accurate information to us (including
to its advertisers and partners) at all times.
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comply with the Terms & Conditions and the rules of advertisers,
partner offers, promotions, and programs at all times.
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comply with all laws, rules, and regulations that are applicable
to Members. You acknowledge that you may only participate in
LTDnetwork® loyalty program if and to the extent that such
participation is permitted by such laws, rules, and regulations.
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not to abuse our privileges by conduct which is detrimental
to our interests, including without limitation attempting to
accumulate, redeem or otherwise deal with Loyalty Token Dollars
in a manner inconsistent with the Terms & Conditions or
its intent, having multiple accounts, attempting to earn Loyalty
Token Dollars through other than legitimate channels, participating
in purchasing or redemption fraud, or tampering with LTDnetwork®
links, etc.
Your discontinued participation in the LTDnetwork® Loyalty
Program or failure to notify us of any address (mail or email) or
profile changes may result in the termination of your membership
and forfeiture of your unredeemed Loyalty Token Dollars.
We shall be the sole and exclusive determiner in cases of suspected
abuse, fraud, or violation of the Terms & Conditions and any
decision we make relating to termination of Membership (including
cancellation of Loyalty Token Dollars) shall be final and binding.
Accumulation
SurfAssist® must be installed and enabled in order for you to
accumulate Loyalty Token Dollars.
You are permitted to install and login to SurfAssist® on multiple
computers with access to your single account on all, eg home computer
and work computer. However, SurfAssist® will only work on one
computer at any one time.
You will be entitled to accumulate Loyalty Token Dollars from Loyalty
Token Dollars Accumulation Activities. We reserve the right to
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determine, modify & calculate the quantity of Loyalty Token
Dollars, including zero, attributable to each Loyalty Token
Dollars Accumulation Activity
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determine & modify the types of activities that qualify
as Loyalty Token Dollars Accumulation Activities.
We are under no obligation to provide you with any Loyalty Token
Dollars Accumulation Activities at any or all times.
Initially, Loyalty Token Dollars will be credited to your Total
Account upon our satisfaction that you have properly completed the
relevant Loyalty Token Dollars Accumulation Activity.
For technical and commercial reasons we cannot always process your
Total Activities in real-time, accordingly Loyalty Token Dollars
attributable to Qualified Purchases will either be credited to your
Total Account:
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in near real-time in respect of certain Merchants, or once
we receive confirmation from them that you have made a Qualified
Purchase in respect of other Merchants.
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Once you Activate your account, Loyalty Token Dollars in your
Total Account will be transferred to your Available Account.
Despite the above, Loyalty Token Dollars in your Total Account
attributable to Qualified Purchases will only be transferred to
your Available Account after a stand down period of no less than
45 days after being credited to your Total Account, thus giving
us and Merchants time in which to verify and confirm that the particular
purchase is a Qualified Purchase.
Loyalty Token Dollars will be subtracted from your Total &/or
Available Account if:
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the accumulation was unlawful or not permitted (this might
differ across different Products and different jurisdictions),
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you redeem them for a reward,
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you return a Product to a Merchant,
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your Membership is terminated,
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you provide false information,
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you undertake a Loyalty Token Dollars Accumulation Activity
or accumulate Loyalty Token Dollars fraudulently or not within
the intent of these Terms & Conditions.
Loyalty Token Dollars have a lifecycle of three years from the
date they are credited to your account and available for redemption.
Any Loyalty Token Dollars not redeemed within three years of issue
will expire and be subtracted from your account. Loyalty Token Dollars
have no monetary value and cannot be exchanged for money.
You are not permitted to gift, receive, buy, sell, transfer, assign,
barter or otherwise deal with Loyalty Token Dollars, other than
in accordance with these Terms & Conditions. You are not entitled
to pool Loyalty Token Dollars with other Members, whether related
to you or otherwise.
Redemption
You are entitled to redeem your unexpired Loyalty Token Dollars
standing to your credit in your Available Account only.
Loyalty Token Dollars can be redeemed in exchange for specific rewards
as made available on our redemption
page at the time of redemption provided that you have enough
Loyalty Token Dollars to redeem for the specific reward you desire.
Rewards and the amount of Loyalty Token Dollars required to redeem
rewards are subject to change at any time without notice.
Redemption is undertaken in conjunction with participating Merchants
in respect of selected Products.
Participating Merchants will contact you shortly after redemption
to confirm the order of your reward, confirming your desired delivery
details.
Any queries you may have in respect of delivery should be made directly
to the participating Merchant.
Product returns or warranty claims should also be sent directly
to the participating Merchant and are subject to their normal terms
and conditions, with which you should make yourself familiar.
Participating Merchants will only deliver to you subject to their
normal terms covering delivery, including matters such as insurance,
method of delivery, timeframes, etc. You should enquire from the
participating Merchant as to their terms of delivery.
In respect of delayed deliveries, your inquiries regarding rewards
ordered and not received from a Merchant must be received by them
within 14 days after the initial redemption date. Thereafter, we
will have no obligation to re-order rewards on your behalf. LTDnetwork®
is not responsible for lost or stolen rewards once issued.
Loyalty Token Dollars will be subtracted from your Available Account,
on a first in first out basis, once the reward is selected - NOT
upon delivery. Once used to claim a reward, your redeemed Loyalty
Token Dollars will not be reinstated to either your Total or Available
account.
We reserve the right to limit the redemption of specific rewards
and limit the number of rewards available at any particular Loyalty
Token Dollars redemption level.
Communication
We reserve the right to send you messages from time to time for
which you may not be rewarded. Such messages may include system
updates; flash bulletins; order confirmations; administrative announcements;
special requests and other similar messages ("Administrative
Messages") and may be sent via email or regular mail.
You can elect to stop receiving email relating to the LTDnetwork®
Loyalty Program, but cannot unsubscribe from these Administrative
Messages whilst a Member.
Disclaimer of Warranties
You expressly agree that your Membership is at your sole risk.
The LTDnetwork® Loyalty Program, SurfAssist® and everything
offered therein is provided on a strictly "as is" and
"as available" basis. We make no warranty with regard
to any products, services, or rewards obtained by you through us
or through our advertisers, partners &/or Merchants; that we
will meet your requirements; or that we will be uninterrupted, timely,
error free; nor do we make any warranty as to the results that may
be obtained from the use of SurfAssist® or as to the accuracy
or reliability of any information obtained through us.
We expressly disclaim any and all express and implied warranties,
including, but not limited to, the implied warranties of merchantability,
fitness for a particular purpose, and non-infringement. We shall
not be liable or responsible for those guarantees, warranties, and
representations, if any, offered by our advertisers, partners, manufacturers
of merchandise, suppliers of services, and/or Merchants, including
any rewards received by you. No advice or information, whether oral
or written, obtained by you from us or through us shall create any
warranty not expressly made herein.
Limitation of Liability
We shall not be liable for any damages, whether direct, indirect,
incidental, special, or consequential, relating to the participation
or inability to participate in the LTDnetwork® Loyalty Program.
Some jurisdictions do not allow the limitation or exclusion of liability
for incidental or consequential damages; so the above limitation
or exclusion may not apply to you.
We are not responsible for damages or losses that result from participating
or inability to participate in the LTDnetwork® Loyalty Program,
or reliance on or use of information, services, or merchandise provided
on or through the LTDnetwork® Loyalty Program.
Member acknowledges and agrees that LTDnetwork® neither endorses
the contents of advertisements or Merchant's or third parties' web
sites, nor assumes responsibility or liability for the accuracy
of material contained therein, or any infringement of third party
intellectual property rights arising there from, or any fraud or
other crime facilitated thereby.
We are not responsible and assume no liability for changes or discontinuances
of service from providers which may affect offers or the accumulation
of Loyalty Token Dollars.
In no event shall our liability, either jointly or severally, exceed
US$100.
Participation in Promotions of Advertisers and Partners
Your correspondence with or participation in promotions of our advertisers,
partners &/or Merchants are solely between you and the corresponding
advertiser, partner&/or Merchants. We assume no liability, obligation,
or responsibility for any part of any such correspondence or promotion,
including without limitation withdrawal or modification of any offer
or promotion.
You understand that, in some cases, there may be delays in the
crediting of Loyalty Token Dollars for promotions of advertisers,
partners &/or Merchants due to advertiser's, partner's &/or
Merchants' failure to provide necessary information to us for such
crediting of Loyalty Token Dollars. We will not be responsible or
liable for the delay or failure to credit Loyalty Token Dollars
in such event.
Third Party Services
To enhance the value of our services to you, we may on occasion
share selected personal information with third parties for the limited
purposes of data verification and supplementation.
Such third parties shall be STRICTLY bound by the terms set forth
in the LTDnetwork® Privacy Policy.
Such third parties will agree to maintain the confidentiality and
protection of your personal information, at all times during and
after providing services.
Termination
At any time either you or we may terminate your membership with
or without cause. Your right to use your Membership immediately
ceases upon termination and your unredeemed Loyalty Token Dollars
shall be cancelled.
Termination of your Membership by yourself is effective upon you
submitting a termination request through the Personal Profile Page
on SurfAssist and you receiving
a message from us confirming termination. You understand that, in
some cases, you may still receive messages (which may have been
scheduled prior to your termination) after termination. You will
not earn Loyalty Token Dollars after termination.
Should you object to any of these Terms & Conditions or any
subsequent modifications thereto, or become dissatisfied with us,
your only recourse is to immediately discontinue participation in
the LTDnetwork® Loyalty Program and properly terminate your
Membership. (See paragraph above.)
Without liability or limiting the general nature of the above, we
reserve the right to terminate, suspend, disable or modify your
Membership if:
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You have been inactive for a period of 6 consecutive months.
"Inactive" includes any of the following, either exclusively
or in combination: uninstalling or disabling SurfAssist®;
not using LTDnetwork® Web Sites; not responding to our emails;
not completing our surveys; not updating your profile; not accumulating
any Loyalty Token Dollars. Much of the above is monitored by
SurfAssist®, accordingly if SurfAssist® is uninstalled
or disabled then we cannot determine your level of activity,
in which case, you will be deemed to be inactive during periods
of uninstallation or disablement.
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You violate any Terms & Conditions, law, rule, or regulation,
or if your Membership could violate any law, rule, or regulation
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You die. Any accumulated yet unused Loyalty Token Dollars will
be immediately revoked and not available for future accumulation
or redemption upon termination of your Membership.
You understand and agree that terminating, suspending or disabling
your Membership will result in your inability to accumulate and/or
redeem Loyalty Token Dollars. You understand and agree that termination
of membership will result in the immediate cancellation and invalidation
of all of your accumulated and unredeemed Loyalty Token Dollars.
Non-Transferability
Your Membership is non-transferable.
You are not permitted to gift, receive, buy, sell, transfer, assign,
barter or otherwise deal with Loyalty Token Dollars, other than
in accordance with these Terms & Conditions. You are not entitled
to pool Loyalty Token Dollars with other Members, whether related
to you or otherwise. All dealings of Loyalty Token Dollars and the
Loyalty Token Dollars dealt with in contravention of this paragraph
are invalid and shall immediately be cancelled. The Loyalty Token
Dollars will not be refunded added back to you or the person from
whom you transferred them from or to.
Proprietary Rights to Content
You acknowledge that our content (including but not limited to text,
sound, photographs, graphics, or other material contained in any
of our communication, advertisements, or messages, whether by us
or our advertisers, partners or Merchants), service and software
are protected by copyrights, trademarks, service marks, patents,
and/or other proprietary rights and laws; therefore, you are only
permitted to use content, service, or software as expressly authorized
by us, our advertisers, partners and Merchants, as the case may
be.
You agree not to forward any offers or promotions to others without
first obtaining our express written permission. Our offers are specific
to your Membership unless otherwise stated.
Modifications
We reserve the right to change these Terms & Conditions, and/or
any part thereof, at any time. You understand the most recent version
of these Terms & Conditions will be located online at www.ltdnetwork.com.
Your non-termination or continued Membership constitutes an affirmative
acknowledgment by you of any modification to these Terms & Conditions
and consent to abide and be bound by any terms thereof. At any time,
if you do not agree with these Terms & Conditions, you may terminate
your membership.
We reserve the right to modify or discontinue the LTDnetwork®
Loyalty Program with or without notice to you.
We shall not be liable to you or any third party should we exercise
our right to modify or discontinue the LTDnetwork® Loyalty Program.
Indemnification
You agree to indemnify and hold us, our affiliates, officers, and
employees harmless from any claim, demand, expense, or damage, including
reasonable attorneys' fees relating to your Membership or violation
of these Terms & Conditions.
General
This agreement is governed by the laws of the State of Victoria,
Australia. You hereby consent to the exclusive jurisdiction and
venue of courts in Melbourne, Victoria, Australia, in all disputes
arising out of or relating to the LTDnetwork® Loyalty Program.
Use and Membership is unauthorized in any jurisdiction that does
not give effect to all provisions of these Terms & Conditions,
including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and us as a result of these Terms
& Conditions or your Membership.
Our performance of these Terms & Conditions is subject to existing
laws and legal process, and nothing contained in these Terms &
Conditions is in derogation of our right to comply with law enforcement
requests or requirements relating to your Membership or information
provided to or gathered by us with respect to such membership.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to an applicable law including the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between you and
us with respect to your Membership and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral, or written, between you and us, with respect to the LTDnetwork®
Loyalty Program. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to these Terms
& Conditions to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form.
Fictitious names of companies, products, people, characters, and/or
data mentioned herein are not intended to represent any real individual,
company, product, or event.
Any rights not expressly granted herein are reserved.
Glossary of Terms
Definitions
In these Terms & Conditions the following words and phrases
have the following meanings:
"Total Account" means the account in which Loyalty Token
Dollars are initially accumulated on account of Loyalty Token Dollars
Accumulation Activities; however, the balance of the Total Account
is not available for redemption.
"Activate" means you making a genuine Qualified Purchase/s
in aggregate exceeding US$50 (net of taxes, delivery, discounts,
returns & excluding purchases made with gift certificates, coupons,
and the like). Once your aggregate Qualified Purchases exceed US$50
then your account is Activated.
"Available Account" means the account in which accumulated
Loyalty Token Dollars available for redemption are accumulated.
"You", "Your" means visitors to and users of
any LTDnetwork® Web Site, user of SurfAssist® and member
of the LTDnetwork® Loyalty Program.
"We", "Us" means LTDnetwork®.
"LTDnetwork® Web Site" means any web site developed,
maintained and/or operated by LTDnetwork, a non-exhaustive list
of sites can be found here www.ltdnetwork.com.
"Includes/ing" should be read as "includes/ing, but
not limited to"
"Loyalty Token Dollars" are the currency of the LTDnetwork®
Loyalty Program and can be accumulated and redeemed in accordance
with these Terms & Conditions.
"Loyalty Token Dollars Accumulation Activities" include
the following:
· Enrolling in the LTDnetwork® Loyalty Program,
· Using LTDnetwork® Web Sites,
· Referring new Members to the LTDnetwork® Loyalty Program,
· Making Qualified Purchases,
· Responding to emails, offers & surveys
· Taking part in promotions, offers
"Membership" means membership of the LTDnetwork® Loyalty
Program by way of installing and enabling SurfAssist®, accepting
these terms & conditions, using LTDnetwork® Web Sites (subject
to the Terms of Use, purchasing Products
from Merchants, accumulating and redeeming Loyalty Token Dollars.
"Merchant" means a retailer, distributor or wholesaler
of Products with which LTDnetwork® has entered an affiliation,
whereby (among other things) LTDnetwork® has developed an LTDnetwork®
Web Site/s promoting and advertising the Merchant and its Products,
either exclusively or in conjunction with the products of other
retailers, distributors or wholesalers of products.
"Products" mean the products and services made available
for sale by Merchants or parties associated with Merchants, and
sometimes these promoted and advertised on LTDnetwork® Web Sites.
"Qualified Purchase" means a purchase of a Product/s that
you make from a Merchant in consequence of you arriving at that
Merchant's web site via a direct hyperlink to that Merchant's web
site from an LTDnetwork® Web Site and upon which we are entitled
to a commission from that Merchant in consequence of the purchase.
"Terms & Conditions" means these terms & conditions
as varied from time to time.
"Terms of Use" means the 'LTDnetwork® Web Sites' Terms
of Use Agreement that can be found here.
"Use", "Using" means surfing, viewing, reading,
clicking on hyperlinks, or in any way dealing with.
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