Peachy Pay, Inc. (“Peachy”) offers you the opportunity to earn rewards by referring providers to try Peachy Pay (the “Product”). Your participation in the Peachy Patient Referral Program (the “Program”) can earn you assorted rewards. Peachy reserves the right to terminate or change the Program at any time for any reason. The Program is administered by Peachy, which may outsource certain elements of administration to third parties (“Administrators”).
These terms (“Terms”) apply to your participation in the Program. By participating in the Program, you agree to use the Program as outlined herein, and consistent with any other terms Peachy may apply to the Program. If you do not agree to these Terms in their entirety, or if registering and participating in the Program would violate any applicable laws or regulations, then you cannot register and participate in the Program. This Program is void where such referral programs are prohibited.
To participate, visit the www.peachypay.com/refer (the “Sign-Up Page”) and follow the on-screen instructions to start referring. Those who refer others to the Product are “Referrers”; those who are referred are “Referred Providers.” Referrers may be eligible to receive Rewards (as defined below) for every Qualified Referral (as defined below).
On the Sign-Up Page, you will be prompted to submit providers’ names and addresses. Peachy will then contact the Referred Providers on your behalf. By submitting the Referred Providers’ names, you agree that Peachy may use your name and your status as a patient in its communication with the Referred Providers. If a Referred Provider becomes a Qualified Referral as a result of your referral, you will receive a Reward, subject to the certain conditions.
On the Sign-Up Page, you will also be prompted to submit information about yourself, including your name, email address, and mailing address. This information will allow Peachy to deliver Rewards when necessary.
Upon registering for the Program, you will be directed to your account. Within your account, you will be provided a link (the “Personal Link”) which you can then share with providers. If a Referred Provider uses your Personal Link to sign up and then becomes a Qualified Referral, you will receive a Reward, subject to the certain conditions.
Each Referrer will have the ability to check his/her/their status on referrals by logging in to his/her/their account. No purchase is required.
A Referred Provider becomes a “Qualified Referral” when the following conditions are met:
1. The Referred Provider registers after the Referrer submits their name and address, or the Referred Provider uses the Personal Link to register.
2. The Referred Customer is a healthcare provider, health coach, health company, or other similar business eligible to create a Peachy account.
3. The Referred Provider registers for the Product using a valid and current email address that has not previously been used to register for the Product, and the Referred Provider has not previously been in contact with Peachy or been registered with the Product under any email address or alias.
4. The Referred Customer successfully onboards their business to the Product, sends a bill, and processes a payment.
To be eligible to participate in the program, Referrers must:
1. Be able to speak and read English;
2. Be legally able to participate in the Program; and
3. Be at least the age of majority where they reside.
Peachy reserves the right to determine a Referrer’s eligibility. Employees of Peachy, including their household members, are not eligible. Companies are not eligible to participate in the Program.
Rewards are always subject to change, and Peachy may change the active reward at its discretion. The active reward for a Qualified Referral will be displayed on each Referrer’s account page (the “Reward”). Referrers will receive the Reward that is active at the time that the Referred Provider registers for the Product. If a Referred Provider receives more than one Personal Link, Peachy will provide the Reward to the person whose Personal Link is used to complete the Peachy registration process regardless of when the Personal Links were sent. If a Referred Provider is referred by more than one Referrer, Peachy will provide the Reward to the Referrer who first referred the Referred Provider. If a Referred Provider registers for the Product using any other method, the registration will not count as a Qualified Referral and Referrer will not earn a Reward.
Rewards will be delivered to the email address or mailing address the Referrer submitted when their account was created. Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to the Referrer. Referrers are solely responsible for reporting such items on their tax returns and paying any associated tax liability.
At times, and at Peachy’s sole discretion, Peachy may offer a reward to the Referred Provider (“Provider Reward”). Provider Rewards are always subject to change. The active Provider Reward will be displayed on the Referrer’s account page. Referred Providers are only eligible to receive the Provider Reward that is active at the time that the Referred Provider registers for the Product.
When applicable, Provider Rewards will be delivered to the email the Referred Provider uses to register for the Product. Provider Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to the Referred Provider. Referred Providers are solely responsible for reporting such items on their tax returns and paying any associated tax liability.
The Referred Provider may not combine the Personal Link and associated Provider Reward, if any, with any other monetary offer. Rewards and Provider Rewards are subject to verification and will generally be awarded within 30 days of verification. Peachy may withhold a Reward or Provider Reward if it reasonably believes additional verification is required. Peachy may also withhold or invalidate any potential referral it deems fraudulent, suspect, or in violation of these Terms. If Peachy in its sole discretion believes awarding a Reward or Provider Reward, or verifying and approving a transaction will impose liability on Peachy, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents, Peachy may elect not to award the Reward or Provider Reward or verify and approve the transaction.
All of Peachy’s decisions are final and binding, except where prohibited, including decisions as to whether a Qualified Referral, Reward, or Provider Reward is valid, when and if to terminate the Program, and whether, if at all, to change the Program. Any changes to the Program will be sent via email to registered Referrers and, except where prohibited, will become effective as of the date the email is sent. If a Referrer has referrals pending qualification at the time that updates are sent, those pending referrals shall be validated and Rewards given under the terms that were valid at the time the Referred Provider registered for the Product.
Referrers agree that they will not violate any of these Terms, or otherwise engage in activity that could be considered harassment toward others. Referrers agree not to use the Program to:
- Violate the intellectual property rights of Peachy
- Spam or otherwise create inappropriate bulk distributions of the Personal Link
- Spam or otherwise create inappropriate bulk provider submissions
- Collect or attempt to collect personal data about users or potential Referred Providers
- Engage in any actions that are designed to disrupt or undermine the Program
- Make attempts to gain unauthorized access to the Product or the Program for any reason
- Transmit files that contain bots, viruses, works, Trojan horses, or any other file that could contaminate or otherwise damage Peachy’s intellectual property or stop the function of the Product
- Engage in illegal, unsportsmanlike, or unethical activities
- Engage in behavior designed to annoy or harass others
- Engage in actions that disparage, malign, or call into question the reputation of Peachy, in Peachy’s sole discretion
Peachy may prohibit anyone from participating in the Program or receiving a Reward if they determine such user 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 existing or future Peachy users, or representatives of Peachy. Use of any automated system to participate is strictly prohibited, and if discovered, and will result in disqualification. Peachy reserves the right to disqualify anyone, cancel Rewards, disable or inspect an account, and contact legal authorities, including law enforcement, if it should discover a user is tampering with the entry or referral process or the operation of the Program or violating these Terms. Referrals generated by a script, macro, or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.
Except where prohibited, by participating in the Program, you agree:
1. To be bound by these Terms, the decisions of Peachy and its Administrators, and Peachy’s privacy policies;
2. To release and hold harmless the Peachy and its Administrators and their respective affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents including, without limitation, their respective advertising and promotional entities and any person or entity associated with the production, operation, or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs, or expenses caused by, arising out of, in connection with, or related to their participation in the Program, including, without limitation, any property loss, damage, personal injury, or death caused to any person, and the awarding, receipt, and use or misuse of the Program or any Reward; and
3. To be contacted by the Peachy and its Administrators via e-mail.
Except where prohibited by law, the Released Parties shall not be liable for:
1. Late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled, or unintelligible entries, communications, or affidavits, regardless of the method of transmission;
2. Telephone system, telephone or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors;
3. Data corruption, theft, destruction, unauthorized access to or alteration of entry, or other materials;
4. Any injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a Reward, or from participation in the Program; or
5. Any printing, typographical, administrative, or technological errors in any websites or materials associated with the Program.
Peachy disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserves the right, in their sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other causes beyond Peachy’s control, corrupt the administration, security, or proper play of the Program.
Except where prohibited, the Released Parties shall not be liable to any Referrers for failure to supply any Reward or any part thereof, by reason of acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, government orders responding to any of the foregoing, or other causes beyond any of the Released Parties’ control.
AS A CONDITION OF ENTERING THE PROGRAM, AND UNLESS PROHIBITED BY LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY AWARDS FOR ANY LOSSES OR DAMAGES, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, AND ANY OTHER DAMAGES, AND WAIVE ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
We reserve the right to modify or amend at any time these Terms and the methods through which Rewards and Provider Rewards are earned. We reserve the right to disqualify you at any time from participation in the Program if you do not comply with any of these Terms. Peachy’s failure to enforce any of these Terms does not constitute a waiver of that provision.
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, PEACHY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION
THE CONTENT, INFORMATION, LINKS, AND FUNCTIONALITY OF THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. WITHOUT IN ANY WAY LIMITING THE PRIOR SENTENCE, PEACHY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE CONTENT AND INFORMATION OF THIS WEBSITE IS ACCURATE, SECURE, COMPLETE, OR OTHERWISE FREE FROM ERRORS AND OMISSIONS, OR THAT THE LINKS AND OTHER ASPECTS OF THE WEBSITE ARE FUNCTIONAL.
These Terms constitute the entire agreement between you and Peachy concerning your use of the Program. The failure of Peachy to exercise or enforce any right or provision of these shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.
Except where prohibited, these Terms and any disputes, claims, and causes of action arising out of or related to this Program or any Reward or Provider Reward shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Washington. Any legal suit, action, or proceeding arising out of or related to these Terms or the Program must be instituted in the federal courts of the United States or the courts of the State of Washington in each case located in King County, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect their original intent as closely as possible in a mutually acceptable manner.
If you have any questions about the Program or these Terms, email us at firstname.lastname@example.org.