Refer a Friend Terms & Conditions

TERMS AND CONDITIONS FOR THE MOBIWORKX REFER A FRIEND PROGRAMME
(LAST UPDATED ON 29 August 2023)

These Terms and Conditions for Lightspeed’s MobiworkX Refer a Friend Programme (Terms and Conditions) are a contract between you (the Referrer) and MobiworkX and apply when you access the MobiworkX portal (the Site) on your mobile device or on any other electronic device to participate in the MobiworkX Refer a Friend Programme (the Referral Programme). These Terms and Conditions regulate how Lightspeed operates and manages the Referral Programme.
Please read these Terms and Conditions carefully when using the Site on your mobile device or on your electronic device and before participating in the Referral Programme on the Site. By participating in the Referral Programme, you confirm that you accept these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not participate in the Referral Programme.
Please note that the MobiWorkX Panels Membership Terms & Conditions, found here, and the MobiworkX Rewards Program Terms, found here, apply alongside these specific Terms and Conditions.
Please note further that you are liable for any personal tax consequences of the Referral Programme and Lightspeed accepts no liability in relation thereto.

APPLICATION
Your participation in the Referral Programme must at all times be in compliance with these Terms and Conditions. These Terms and Conditions are subject to change at any time with or without notice. You accept that any changes to the Terms and Conditions will be binding on you, and that your participation in the Referral Programme will at all times be subject to the Terms and Conditions that are in force at the time that you participate in the Referral Programme. Your continued participation in the Referral Programme after the effective date of a change will amount to acceptance by you of the changed Terms and Conditions. It is your responsibility to check these Terms and Conditions from time to time to learn of any changes hereto.

WHO MAY PARTICIPATE IN THE REFERRAL PROGRAMME?
In order to refer someone in terms of the Referral Programme (i.e., to make a Referral), you must be a current and active MobiworkX member, and must be over the age of 18. Juristic entities may not participate in the Referral Programme.
All individuals who are referred in respect of the Referral Programme must be natural persons and meet the criteria established by Lightspeed, which includes being over 18 years of age and possessing certain standards as determined by Lightspeed.

HOW DOES ONE PARTICIPATE IN THE REFERRAL PROGRAMME?
To express your interest in participating in the Referral Programme, select the "Refer a Friend" button available under the “rewards” tab on the Site. Upon doing so, a prompt will be sent to you, requiring you to verify your contact details, which includes your cell phone number, email address, valid banking details and/or proof of identification. Once verified, a link will be generated and made available to you either through a link displayed on the face of your App, or through an SMS or email message sent to the contact details you provided (a Referral Link). You can then proceed to share this Referral Link with your contacts.

If you are an active member on the Site, you are already verified and will merely be required to copy a Referral Link from the Site, which you can then share with your contacts.
Once your contact clicks on your Referral Link as shared with them, they will be transferred to the MobiworkX sign-up page, where they will be required to provide certain information necessary to sign up on the Site.

In order for one of your contacts to be considered a successful Referral, they must have (i) signed up to MobiWorkX using you Referral Link; (ii) completed all Level 1 Profiling Questions; and (iii) completed a number of Digital Surveys, which number will be determined by Lightspeed.
INCENTIVE FOR PARTICIPATING IN THE REFERRAL PROGRAMME
For each successful Referral made through your Referral Link, you will be rewarded with the advertised number of points, which can be converted into a cash value of USD0.50 per referral, using our online catalogue.

Kindly take note that the maximum number of successful Referrals that can earn you points per month is limited to 5 (five). Any extra referrals beyond this limit will either be carried over to the next month or be subject to a review by Lightspeed. In the latter case, Lightspeed reserves the right to either approve or decline any additional Referrals.

Please note that you may have only one active account at any time i.e., only one account per mailing address / mobile number is allowed. Multiple accounts for any person or mailing address / mobile number are subject to termination and forfeiture of all points, incentives and rewards.
Please note that all pending Referrals will expire after three months.
Points for the Referral Programme expire upon twelve (12) months of no account activity.
You receive points for participating in the Referral Programme at the sole and absolute discretion of Lightspeed. You will only be eligible for this incentive provided that you are not disqualified from participating in the Referral Programme for any reason.

In order to redeem your rewards, you may be required to have a valid bank account or potential access to a valid cash-receiving facility. Cash rewards will be transferred into a successful Referrer’s nominated bank account within 7 (seven) days from the date on which Lightspeed receives the correct banking details and proof of identification. Lightspeed will not be held responsible for any delays in payments.
Please note further that you are responsible for informing Lightspeed within 14 (fourteen) days after a successful Referral if you have not received confirmation that you have been awarded points, or if you experience any difficulties converting your points to cash.

If you do not notify Lightspeed that you have not received a notification confirming your reward, or if you do not notify Lightspeed that you are experiencing difficulties with redeeming your reward, within the stipulated time period, then Lightspeed and its clients will have no responsibility or liability for any claim, loss, injury or damage arising out of or in connection with you not receiving or redeeming your reward within the stipulated time period.

Lightspeed may require successful Referrers be identified, photographed and published in any form of media, whether printed or digital, or to appear on radio and television, when accepting their prize and/or after having received their prize. The successful Referrers will be given the opportunity to decline the publication of their images and to decline participation in Lightspeed’s marketing material in so far as it relates to the prize draw.

Lightspeed and their delivery agent do not accept responsibility or liability for any losses, damages, costs or claims in connection with any rewards or resulting from acceptance, possession or use of any prize, and will not be responsible or liable for any further expenses or fees required for purpose of using, applying or enjoying a reward.

LIGHTSPEED’S RIGHTS
Lightspeed reserves the right at any time and from time to time to suspend, modify or discontinue (temporarily or permanently) the Referral Programme any part thereof for any reason.
Lightspeed reserves the right, in its sole and absolute discretion, to disqualify any Lightspeed member from participating in, or referring any person for, the Referral Programme, for any reason whatsoever.
Lightspeed has the right to reject or cancel a Referral for any reason, particularly if they suspect that the Referral Programme has been misused. Misuse of the Referral Programme could include, but is not limited to: (i) referring people in the same household as the Referrer; (ii) not complying with applicable laws or regulations; (iii) creating multiple or non-genuine accounts; or (iv) knowingly referring existing members for the program. If a Referral is rejected, the member who made the Referral will not receive payment for that Referral.

Lightspeed may modify, pause, delay or cease awarding points to its customers without prior notice, for any reason it deems fit. As a Referrer, you acknowledge and agree that in such an event, you waive any rights or expectations you may have had regarding the awarding of points, and you will not have any recourse or claim against Lightspeed for any reason. In other words, if Lightspeed decides to stop awarding points or changes the terms and conditions of their loyalty program, you cannot take any legal action against Lightspeed.

YOUR USE OF THE REFERRAL PROGRAMME
You are responsible for any content that you submit in respect of the Referral Programme. You agree that this content, and our use of this content, will not infringe upon any copyright, your right to privacy, proprietary rights, intellectual property rights, or any other right of a third party.

You further acknowledge and agree that –
• you will not submit or distribute content which is or which Lightspeed, in its sole discretion, considers is unlawful, harmful, threatening, abusive, harassing, wrongful, defamatory, vulgar, obscene, offensive, indecent, invasive of another person’s privacy, hateful, or otherwise objectionable;
• you will not use any harmful or malicious code including viruses, Trojan horses, worms or spiders to interfere with or access any data, communications, content or software associated with the Referral Programme;
• you will not take any steps to interfere with the Referral Programme, or any other Referrer’s use of the Site including, for example, by means of overloading or crashing the Site; and
you will not frame portions of the Site within another website or alter the appearance of the Site.

You agree that you are responsible for ensuring the security of the mobile device or electronic device that you use to access the Referral Programme. Any activity on the Site or in respect of the Referral Programme authenticated with your cell phone number or email address will be deemed binding on and attributable to you personally. You agree to notify Lightspeed immediately, in writing, at [e-mail], if you become aware of any unauthorised use of your mobile device or one of your electronic devices or of any other breach of security or attempted breach of security.

You confirm that you are over the age of 18 years when participating in the Referral Programme. If you have indicated that you are under the age of 18 years, you will not be able to continue with the Referral Programme. Lightspeed does not knowingly collect any information from persons under the age of 18 years who do not have the consent of their parents or guardians. You are hereby notified that if you have provided Lightspeed with any incorrect or fraudulent information regarding your age or date of birth, Lightspeed will collect your personal information on the basis that you are over the age of 18 years. You agree to accept full responsibility for your actions in this regard and indemnify Lightspeed against any claims and/or damages that Lightspeed may incur as a result of any incorrect or fraudulent information regarding your age.

In the event that you no longer wish to participate in any aspect of the Referral Programme you may request Lightspeed to cease sending you any further SMSs or emails in respect of the Referral Programme. Should you wish to exercise this option to “opt-out” of any of our communications, you can do so at any time by either:
• using the “opt-out” facility in any SMS or other electronic communication from MobiworkX;
• sending an e-mail to: [e-mail]; or
• selecting the option to close your account on the Site.

YOUR PRIVACY
We process information about you in accordance with the Protection of Personal Information Act 4 of 2013. Specific details as to how your personal information is processed are set out in our Privacy Policy which can be accessed [here]. By using the Site and/or by providing your personal information for the Referral Programme, you consent to Lightspeed processing your personal information in accordance with our Privacy Policy. You further confirm that all information submitted by you is complete, truthful, accurate and up-to-date.

INTELLECTUAL PROPERTY
The Referral Programme consists of software and content, which may include, but is not limited to, images, text, questionnaires, surveys, animation, photographs, videos, graphics, music, sound and voice (Content).

The software and Content contained on the Referral Programme and on the Site is the Intellectual Property of Lightspeed and Lightspeed’s clients.

Lightspeed shall own and retain all right, title and Intellectual Property rights and interest in and to all software and Content on the Site and in respect of the Referral Programme including, but not limited to any data provided by you or on your behalf.

All Intellectual Property and Content that is not owned by Lightspeed and that appears on the Site and/or in respect of the Referral Programme, is the property of Lightspeed’s clients. All Intellectual Property rights specifically related to and owned by Lightspeed’s clients, except for source codes and/or any proven copyright that may vest with Lightspeed, shall vest with the relevant Lightspeed client or its successors-in-title for the life of the intellectual property, as well as for any extensions or renewals. The copyright in any Content that has been developed by Lightspeed’s clients at their own cost for exploitation through the Site, shall vest with those clients.

You acknowledge and agree that the software and Content available on the Site and in respect of the Referral Programme may not be used in violation of the intellectual property rights of Lightspeed and/or Lightspeed’s clients.

AVAILABILITY OF THE REFERRAL PROGRAMME
You acknowledge and agree that the Referral Programme is available “as is” and that, except as otherwise contained in these Terms and Conditions, Lightspeed and its clients will have no responsibility or liability for any claim, loss, injury or damage arising out of or in connection with the loss or deletion of, or failure to receive, process or store, any information submitted by you including any survey or poll results or responses, or in respect of any loss of use of the Referral Programme. While Lightspeed will endeavour to ensure that the information provided by it on the Site is accurate and complete, Lightspeed makes no warranty about the accuracy, reliability, completeness or timeliness of such information provided to you.
Lightspeed may suspend or discontinue your access to the Referral Programme pending any investigation into a possible breach by you of these Terms and Conditions or of the Privacy Policy. Lightspeed may recover from you any losses, damages, costs or expenses incurred by Lightspeed resulting from or arising out of your non-compliance with any provision of these Terms and Conditions or the Privacy Policy, or your wilful misuse of the Referral Programme. Lightspeed may also, in its sole discretion, declare any accumulated or offered incentives or rewards due to you as null and void. Lightspeed will cooperate with any law enforcement authorities or court order, within the limits of applicable law, requesting or directing us to disclose your identity.

JURISDICTION AND ENFORCEABILITY
The Terms and Conditions shall be governed by and interpreted in accordance with the law of the Republic of South Africa. In the event of any legal dispute or action being brought in connection with these Terms and Conditions, the parties agree that the High Court of South Africa, Gauteng Local Division, Johannesburg, shall have jurisdiction to hear any such disputes and each party hereby consents to such jurisdiction of the courts.

Each provision of these Terms and Conditions shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms and Conditions shall nevertheless remain valid and enforceable.
You agree that for the purpose of giving any notice, the serving of any process and for any other purposes arising from these Terms and Conditions, that Lightspeed may send such communications or notices to your cell phone number or email address, as provided to Lightspeed during your participation in the Referral Programme. Lightspeed will accept legal service of documents at https://mobiworkx.zendesk.com/hc/en-us/ or at [e-mail].

GENERAL
You may not cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of these Terms and Conditions without the prior written approval of Lightspeed. Lightspeed shall be entitled to cede, assign or otherwise transfer this agreement or its rights in terms of the agreement without your prior consent and without giving notice to you.
These Terms and Conditions, including the MobiWorkX Panels Membership Terms & Conditions, read together with the Privacy Policy, constitute the whole agreement between you and Lightspeed and, except to the extent otherwise provided in these Terms and Conditions and the Privacy Policy, no undertaking, representation, term or condition relating to any subject matter covered in these Terms and Conditions and the Privacy Policy, which is not expressly incorporated in these Terms and Conditions and the Privacy Policy, shall be binding on any of the parties.