Referral Program Terms & Conditions
Kitchen Automatique INC. , a Delaware Corporation, (“Kitchen Automatique”) may at times offer you the opportunity to refer friends and acquaintances through a referral program (the “Referral Program”) offered on our website located at www.kitchenautomatique.com.
By participating in the Referral Program, you accept the following terms and conditions (the “Referral Terms”). We may update the Referral Terms at any time without prior notice. Any modifications of the Referral Terms will be posted on our website, and continued participation in the Referral Program shall constitute consent to the modified Referral Terms.
1. How the Referral Program works
a. A current customer of Kitchen Automatique (the “Referrer”) signs up for the Referral Program on Kitchen Automatique website and shares a unique referral link with a family member, friend or colleague (the “Referee”).
b. The Referee buys a Vision Infinity Cooktop when they arrive at Kitchen Automatique’s website by clicking on the unique referral link shared by the Referrer (the “Referral Purchase”).
c. A referral reward will be offered to the Referrer if the Referee completes the purchase and the product return period without returning the Vision Infinity Cooktop for a refund.
To receive the referral discount, the Referee must use the unique referral link when purchasing a Vision Infinity Cooktop. The discount cannot be applied after a purchase has been completed.
To participate in the Referral Program, you must:
• be the age of majority in your jurisdiction (e.g. 18 years old)
• reside in a country that Kitchen Automatique's product & service is available.(See "country" under shipping address at checkout page)
• have purchased a Vision Infinity Cooktop through kitchenautomatique.com and completed any applicable trial product return period without returning the order for a refund (a “Qualifying Purchase”)
• have previously purchased no more than two Vision Infinity Cooktops in one order.
• comply with the term and conditions governing your purchase(s) from Kitchen Automatique, especially with regards to the prohibition on purchases made for resale
*Referrals may only be used for personal and non-commercial purposes. You may not refer yourself, the Referrer and the Referee must be two different natural persons.
*Kitchen Automatique may restrict your participation without notice if the Referral Program is in violation of applicable laws or decisions from public authorities in your jurisdiction.
3. Conduct (including anti spam requirements)
When you pass on the unique referral links to your friends, you are the actual sender of the messages and must comply with applicable law. You are prohibited from “spamming” anyone with referral invitations. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with family members, friends or colleagues. Any distribution of the unique referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited. In particular, you must not: distribute unique referrals link to strangersdistribute unique referral links to individuals under the age of majority in the recipient’s jurisdictionpublish or distribute unique referral links on commercial websites such as coupon websites, Facebook groups with more than 10 members, Reddit or on blogsuse bots or automated programs to distribute unique referral linkspay to advertise the unique referral link, or attempt to market, reproduce, sell or resell referral rewards to any third party whatsoever. Referrers who do not comply with applicable law, including anti-spam laws, are obligated to indemnify the Kitchen Automatique against any liabilities, costs and expenses we incur as a result of such spam. In addition, you must not: violate the intellectual property rights of Kitchen Automatiqueact with intent to annoy, harass or abuse any other person participate in any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent or unusual activity act in a manner that in the sole discretion of Kitchen Automatique is deemed to be generally inconsistent with the intended purpose of the Referral Program. Kitchen Automatique reserves the right, at its sole discretion, to exclude any individual from participating in any aspect of the Referral Program and to void any pending rewards with immediate effect and without prior warning if Kitchen Automatique deems or suspects that an individual has violated the Referral Terms.
4. Restrictions on rewards and offers
The following rules and restrictions apply to rewards and offers under the Referral Program. For the Referrer: Kitchen Automatique may from time to time update the rewards on offer under the Referral Program. The Referrer will receive the award as indicated here at the time when the Referee completes his or her Referral PurchaseThe total rewards to the Referrer for successful referrals are limited to the amount of the Referrer’s Qualifying Purchase(s)The total number of unique rewards issued to a Referrer may not exceed 20 per calendar year or the equivalent of $ 1000 USD (whichever is lower)Rewards for Referrer are redeemed in the currency of their original purchase, and according to the amounts per referral as indicated here. Rewards are non-transferable and only redeemable to the original payment method used by the Customer. Rewards are void if we are unable to credit the payment method used by the Referrer for the Qualifying Purchase, for instance due to restrictions placed by the payment service provider or card issuer. Rewards will under no circumstances be paid out in cashRewards are subject to verification. Kitchen Automatique may delay a reward for the purposes of investigation. Rewards will be redeemed at the earliest convenience after Referee completes the eligible product return period and the verification process is completed. If the satisfaction guarantee for the purchase is 30 days, rewards may be redeemed at approximately 35 days after the Referee’s confirmed delivery. Any rewards will be revoked if a refund is requested on the order for which the reward was issued. Rewards may be taxable, depending on the value of the item and tax laws applicable to the recipient. The recipient is solely responsible for reporting such items on their tax returns and paying any associated tax liability. Any rewards may be revoked without prior notice if the Referrer breaches the Referral Terms or if the Referee breaches Kitchen Automatique general terms and conditions. For the Referee: Rewards may only be used to purchase a new Vision Infinity Cooktop.The Referee may only use one referral link. If a person receives referral links from multiple Referrers, only the Referrer associated with the unique referral link actually used by the Referee will receive the referral reward.The Referral Program offers may not be combined with other Vision Infinity Cooktop promotions or incentives. In the event that we have other offers that are clearly more attractive to the Referee, we will use reasonable commercial efforts to ensure that the Referee receives this alternative offer. Such alternative offers will not affect rewards offered to the Referrer Kitchen Automatique reserves the right to vary any and all elements of this offer at any time without notice.
6. Limitation of liability
Kitchen Automatique is not liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss of reputation, lost bargain, lost profit, loss of anticipated savings or loss of opportunity arising as a result of any services Kitchen Automatique provide to you in relation to the Referral Program (whether suffered or incurred as a result of our negligence or otherwise), except in the case of fraud, willful concealment or theft. Kitchen Automatique’s liability to you for all losses associated with your participation in the Referral Program is limited to the greater of i (i) the equivalent monetary value of rewards received under the Referral Program and (ii) USD 100. No claim may be brought against Kitchen Automatique in relation to your participation in the Referral Program more than 12 months following the date on which you last received a reward. Nothing in the Referral Terms limits or excludes Kitchen Automatique’s liability caused by gross negligence or willful misconduct.
Participants in the Referral Program agree to indemnify, defend, and hold Kitchen Automatique and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the participant of any of the Referral Terms or any violation by the participant of applicable law.
8. Disclaimer of Warranties
PARTICIPANTS AND PROSPECTIVE PARTICIPANTS IN THE REFERRAL PROGRAM EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE REFERRAL PROGRAM IS AT YOUR SOLE RISK, THE REFERRAL PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND KITCHEN AUTOMATIQUE 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, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE REFERRAL PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) KITCHEN AUTOMATIQUE MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE REFERRAL PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE REFERRAL 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.
9. Right to cancel, modify, exclude or terminate
Kitchen Automatique reserves the right to cancel, modify or terminate the Program at any time for any reason. Kitchen Automatique reserves the right to disqualify any participant at any time from participation in the Referral Program if we have a good faith belief that he/she has violated any of the Referral Terms.
10. Other terms
If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void, or unenforceable) will be struck and will not affect the validity of and enforceability of the remaining provisions. The Referral Terms constitute the entire agreement between participants and Kitchen Automatique concerning participants’ use of the Referral Program. The failure of Kitchen Automatique to exercise or enforce any right or provision of the Referral Terms shall not constitute a waiver of such right or provision. If any provision of the Referral Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Referral Terms remain in full force and effect.
11. Applicable law
Except where prohibited, disputes, claims and causes of action arising out of or related to this Referral Program or any reward shall be resolved under the laws of United States, and participants agree to submit any dispute to the exclusive jurisdiction to the courts of United States.