Ōura Refer-a-Friend Referral Program Terms & Conditions
Oura Refer-a-Friend Referral Program Terms & Conditions Oura Health Oy, and its affiliates and subsidiaries, including as Ouraring Inc. (collectively “Ōura,” “Oura,” or “We”), offers current Oura Ring users (“Customers” or “You”) the opportunity to participate in our Refer-a-Friend Referral Program (the “Program”), subject to these Oura Refer-a-Friend Referral Program Terms & Conditions (“Terms and Conditions”), and any other conditions or restrictions set forth in the promotional offer (“Offer”). We reserve the right to modify, amend, or terminate the Program at any time, for any reason. The Program is administered by Oura, in collaboration with the partner entity identified in the promotional offer (“Partner”).
You agree to be bound by these Terms and Conditions by participating in the Program. By participating in the Program, you agree to use the Program in the manner specified in these Terms and Conditions. The Program is subject to Oura’s Terms of Use and Privacy Policy which are incorporated herein by reference. You may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right to modify or amend at any time these Terms and Conditions, the Program, and/or the methods through which rewards are earned. We reserve the right to disqualify you from participation in the Program at any time at our sole discretion, including without limitation if you do not comply with any of these Terms and Conditions or otherwise fail to comply with any applicable laws.
How the Program Works
To participate in the Program, please visit Refer a Friend and follow the instructions to refer friends, family members, or colleagues to the Program.
Individuals who receive a referral via a Customer are referred to as a "Friend." An "Eligible" Customer who is fully compliant with these Terms and Conditions may receive a "Reward" for referring the number of Friends as identified in the Offer, and who are Qualified Referrals (as defined below). A “Reward” shall mean the item(s) of merchandise described in the Offer and made available from the Partner. The Reward is subject to change at any time and without notice. Oura does not guarantee availability of any particular item of merchandise, including size, color, or style, at any time, and any Reward will be allocated subject to availability.
Eligibility
To be "Eligible" you must:
- Be an active Customer of Oura; and
- Be at least 18 years old.
Making a Referral
Once you refer a Friend, they will be provided with a unique referral link ("Referral Link") that allows you to receive credit for Qualified Referrals ("Credit"). Referral Links will be issued only to individual Customers, not organizations or business entities.
Customers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. For example, a Customer may not create multiple or fake accounts with Oura or participate in the Program using multiple or fake email addresses or identities. Customers must directly refer a Friend, and are expressly prohibited from publicly posting their referral link in forums such as message boards, coupon sites, social media platforms, etc.
Qualified Referrals
A “Qualified Referral” means that all of the following conditions are met:
- The Friend completed the purchase of at least one Oura Ring using the Referral Link you provided. If a Friend purchases from or registers with Oura using any other link or method, the registration will not count as a Qualified Referral and you will not earn Credit; and
- The Friend is at least 18 years old.
You may only earn one Qualified Referral for referring a Friend, unless otherwise allowed by Oura. Any additional or subsequent purchases made by a Friend for any item will not be considered Qualified Referrals and thus will not be eligible for the benefits of Qualified Referrals. No partial Reward will be given.
Earning Rewards
You may receive a Reward for referring the requisite number of verified Qualified Referrals. Any additional or subsequent referrals made by a Customer will not result in additional Rewards. Rewards will ship when available and there is no guaranteed shipping date for Rewards. Redeeming Rewards shall be considered a final sale, and Oura does not accept returns or exchanges.
Verified Qualified Referrals
Rewards are subject to verification. Oura may delay a Reward for the purposes of investigation. Oura may also refuse to verify and process any transaction Oura deems, in our sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or which we believe will impose potential liability on Oura, our subsidiaries, affiliates, or any of our respective officers, directors, employees, representatives, and agents. All of Oura's decisions are final and binding, including decisions as to whether a Qualified Referral or Reward is verified.
Transfer and Value of Credit and Rewards
Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer's Oura account for any reason, an unredeemed Reward that has not yet been delivered to Referrer is forfeited.
Privacy
Customers may participate in the Program made available by Oura in order to refer their Friends to Oura as potential Oura customers. To do this, Customers must necessarily submit personal information about themselves and their Friends, such as name and email address information, so that Oura can send communications to the Friends on the Customers’ behalf. The personal information will be collected, processed, and used in accordance with Oura's Privacy Policy, which can be found at https://ouraring.com/privacy-policy. Customers understand that, in addition to the initial communications to Friends, Oura may also use the personal information to send to Friends additional follow-up communications on behalf of the Customers in order to encourage or remind the Friends to complete a purchase. However, Oura will not contact Friends unless and until Oura receives explicit permission from you or the Friend to do so. The personal information may also be used by Oura to contact Customers with regards to their participation in the Program and to send Customers additional communications from Oura.
Liability
By participating in the Program, Customers agree to:
Defend, indemnify, release, and hold harmless Oura, our affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents including, without limitation, their respective advertising and promotion 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, actions, demands, damages, losses, liabilities, costs, or expenses caused by, arising out of, in connection with, or related to Customers’ participation in the Program (including, without limitation, any property loss, damage, personal injury, or death caused to any person(s) and/or the awarding, receipt, and/or use or misuse of the Program or any Reward); and
Oura shall not be liable for:
- Claims, demands, and damages in disputes among Customers or between Customers and Friends;
- Any other injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to Oura at the relevant time; or
- Failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, supply chain disturbance, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties' control.
Oura reserves the right to cancel or suspend the Program should Oura determine, in our sole discretion, that the administration, security, or fairness of the Program has been compromised in any way.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND OURA EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) OURA MAKES AND GIVES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Limitation of Liability and Indemnification
CUSTOMERS EXPRESSLY UNDERSTAND AND AGREE THAT OURA (INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF OURA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OURA'S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD.
CUSTOMERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
Governing Law; Forum; Mandatory Binding Arbitration; Class Action Waiver
Any action related to these Terms and Conditions shall be governed by, construed, and interpreted in accordance with the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. You agree to resolve any disputes or claims arising out of or related to these Terms and Conditions or the Program through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provision” section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Program, or violation of any intellectual property. Subject to the Mandatory Arbitration Provision, the parties irrevocably consent to bring any action to resolve or enforce claims arising under or relating to this Agreement in the federal or state courts in San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to the Program or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union. If you are a user based in the European Union, then Finnish law shall apply to these Terms and Conditions and the Finnish courts shall have exclusive jurisdiction to hear disputes arising in relation hereto. This provision shall not apply to consumers in countries that require agreements to be governed by the local laws of the consumer's country. The English language shall govern all documents, notices, and interpretations of these Terms and Conditions. You also agree to waive any right to assert any claims against Oura as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.
General Terms
These Terms and Conditions constitute the entire agreement between Customers and Oura concerning Customers' use of the Program. The failure of Oura to exercise or enforce any right or provision hereof shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, Oura and Customers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions hereof shall 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 and Conditions.