Tomplay Referral Program - Terms and Conditions

Terms and Conditions of Tombooks Sàrl for the “Refer a Friend Program” (“Tomplay Friend Referral T&Cs”)

(Version: 1.0., Date: 01.08.2021)

1. Eligibility

1.1 Participants of the “Refer a Friend Program” (the “Program”) include existing Tomplay customers (the “Existing Customer”) and their invited friend(s) (the “Invited Friend”).

1.2 For the avoidance of doubt, Existing Customers cannot refer themselves as new customers.

1.3 The Invited Friend has to be a natural person, at least 18 years old, and must reside in countries where Tomplay operates.

1.4 The referral bonus (as defined below) will only be due per Invited Friend in the event that the conditions set forth under Sections 2 and 3 are fulfilled and in the absence of a limitation as set forth under Section 4.

2. Referral bonus

2.1 A referral bonus shall be due subject to the following conditions:
(i) The Existing Customer shares its unique referral code (the “Referral Code”) or a unique referral link (the “Referral Link”) as provided on the Tomplay website or app with the Invited Friend. However, the Referral Link may not be used for any commercial activity, including but not limited to paid promotions, online advertisement, public distribution via messaging services or on websites or via video streaming services (such as Wikipedia, Reddit, coupon websites, blogs soliciting rewards/bonuses, YouTube, Vimeo, Twitch, dailymotion), spamming, using automated systems; and
(ii) The Invited Friend successfully signs up to a Tomplay account through the Tomplay app or website by clicking on the Referral Link or by using the Referral Code when signing up; and
(iii) The Invited Friend makes at least one Qualifying Purchase (as defined in sec. 3 below).

2.2 The amount of the referral bonus (the “Referral Bonus”) and the beneficiary (the Existing Customer) will be displayed on the Tomplay website as the number of invitations that have been redeemed. Further details on the amount of the referral bonus can be tracked via the “Rewards Page” of our software partner (ReferralCandy). The rewards page can be accessed via a link in the Tomplay user account (My Account > My Information > Refer a Friend)

2.3 The actual amount of the Referral Bonus shall be subject to the amount paid under the Program at the time of sign up of the Invited Friend.

2.4 The Referral Bonus will be paid in US Dollars. Payouts will be made to a PayPal account which the Existing Customer can specify on the Rewards Page’s settings.

3. Qualifying Purchase

3.1 A qualifying purchase means that the Invited Friend uses their Tomplay account for one single purchase which has a total value equal or higher as the amount indicated in the referral invitation, promotional materials, Tomplay website, and/or Tomplay mobile application (“Qualifying Purchase”).

3.2 The Qualifying Purchase must be paid in full by the Invited Friend before the beneficiary (the Existing Customer) may receive the Reward.

3.3 To qualify for a Referral Bonus, only one single purchase per Invited Friend shall meet the requirements as set forth in sec. 3.1 and 3.2.

3.4 Purchases made via services offered by Apple App Store and Google Play Store and its subsidiaries do not qualify as Qualifying Purchase. Qualifying purchases can only be made on the Tomplay website with credit card or PayPal as eligible payment options.

4. Limitation of the Program

4.1 Every Existing Customer shall only be able to claim several Referral Bonuses up to a maximum amount of in total 1,500.00 EUR.

4.2 The Invited Friend may use a Referral Code or a Referral Link received from an Existing Customer only once when creating a Tomplay account. The Invited Friend may only use one Referral Code and discounts are not cumulative. Any products or services purchased by the Invited Friend using a Referral Code or discount are non-refundable. The General Terms & Conditions of Tomplay apply for purchases made by the Invited Friend.

4.3 The Tomplay Friend Referral Program may only be used with personal contacts for private use and non-commercial purposes.

4.4 Each Referral Bonus is non-transferable, not valid for cash or cash equivalent, cannot be combined with other offers, and must be used in the currency in which it was received.

4.5 All amounts paid under the Program are pre-tax (if such tax is applicable), which will be invoiced additionally, if necessary. The Existing Customer is solely responsible for the payment of any tax, levy, social security or similar contribution that would result from any payment in his/her favor based on these terms and conditions.

5. Miscellaneous

5.1 The Program is a courtesy offered by Tomplay and does not create any legal obligations that may be enforced in front of court.

5.2 Tomplay may unilaterally, at its own and free discretion, suspend, terminate or change the terms and requirements of the Program and these T&Cs at any time. Any changes of these terms will be effective upon their publishing on the Tomplay websites, applications or services.

5.3 Tomplay reserves its right to credit the Referral Bonus within a 60-day window after the date of the Qualifying Purchase.

5.4 In case of violation of these terms and conditions by the Existing Customer, Tomplay may credit back any Referral Bonus that was already paid out to the Existing Customer’s or the Invited Friend’s account. Tomplay reserves the right to suspend accounts or reverse Referral Bonus if it notices any activity that it believes is abusive, fraudulent, or violates any Tomplay Terms & Conditions. Tomplay reserves its right to review and investigate all referral activities and to suspend accounts or modify referrals at its sole discretion as deemed fair and appropriate.

5.5 Any friend referral which has been initiated but is still pending will be deleted after one year.

5.6 The Program shall be governed by the laws of Switzerland to the exclusion of its conflict of law rules. Any dispute arising out of this Program shall be finally and exclusively settled by the courts of Lausanne, Switzerland.