OurCrowd Management Limited (“OurCrowd”, or “We”) offers users (“Referrer”, or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by OurCrowd.
Referrers are bound by these Terms and Conditions by participating in the Program. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to participate in the Program in any manner.
Users who refer others to the program are "Referrers"; those who are referred are "Referred Investors." Referrers may be eligible to receive "Credits" for every qualified referral. Referrers must be (I) of legal age in their country of residence and (ii) existing, valid, verified OurCrowd registered users. When registering for the Program, Referrers must use the same email address that is registered with their existing OurCrowd user account. We reserve the right to determine if a Referrer's OurCrowd user account is valid based on criteria that includes, but is not limited to, the accreditation and verification status. Participation in the Program represents an ongoing relationship with you, for privacy purposes.
By participating in the Program, a Referrer represents that he or she has her Referred Investors’ prior consent to provide their contact information.
Companies and employees of OurCrowd or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible to participate in the Program.
I. How the Program Works
A. Program Participation, Generally
To participate in the Program, Referrers should visit the Refer a friend page and follow the on-screen instructions, you will be provided a link which you can share with your friends, colleagues and acquaintances. If a user uses your personal link and signs up, following the completion of the onboarding and accreditation process by the Referred Investor, to the satisfaction of OurCrowd, and the creation and funding of a Portfolio Reserve account by the Referred Investor, each of the Referrer and the Referred Investor will receive one credit ("Credit") worth US$1,000, to use as management fees discount for future investment in OurCrowd deals (excluding third-party deals or funds). There is a limit of 1 Credit that each Referrer and Referred Investor may use per investment, and Credits may never be redeemed for cash.
B. Making a Referral
A Referrer must register to make a referral. No previous investments by the Referrer is required. Once a Referrer refers a Referred Investors, he/she will be provided with a confirmation email, and will be contacted if the referral is deemed a Qualified Referral (as defined below).
Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with OurCrowd or participate in the Program using multiple or fake email addresses or identities.
C. Qualified Referrals
A “Qualified Referral” means that all the following conditions are met:
The Referred Investor successfully completed the onboarding and accreditation process, to OurCrowd’s full satisfaction. If a Referred Investor subscribes to OurCrowd through any method, other than the Referrer’s link, the registration will not count as a Qualified Referral and the Referrer will not earn Credit;
The Referred Investor successfully creates and funds a Portfolio Reserve account on the OurCrowd Platform.
The Referred Investor was not previously registered with OurCrowd under any email address or alias;
The Referred Investor is at least 18 years old and only one Qualified Referral can be earned for each Referred Investor. Qualified Referrals, unless otherwise allowed by OurCrowd, in writing. Any additional or subsequent purchases made by a Referred Investor will not be considered Qualified Referrals and thus not be entitled to the benefits of Qualified Referrals.
D. Earning Credits
Each a Referrer and a Referred Investor shall receive one (1) Credit in the form and value set forth in these Terms and Conditions, as may be amended from time to time, for each verified Qualified Referral generated by Referrer.
E. Verified Qualified Referrals
Credits are subject to verification. OurCrowd may delay a Credit for the purposes of investigation. OurCrowd may also refuse to verify and process any transaction OurCrowd deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on OurCrowd, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of OurCrowd’s decisions are final and binding, including decisions as to whether a Qualified Referral, or Credit is verified.
F. Transfer and Value of Credit
Credits may not be redeemed for cash. Credits are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed Credits that have not yet been delivered to Referrer are forfeited and shall be deemed void.
A Credit may be applied only to gain management fee- discounts, up to a total of $1,000. For investments subject to management fees of less than $1,000, a Credit may be redeemed such that no management fees shall be payable for such investment (100% discount); For investments with management fees with an aggregate amount exceeding $1,000, a Credit may be redeemed such that a $1,000 discount shall be applied to the management fees payable for such investment; OurCrowd may change the value of the Credit from time to time in its sole discretion.
Discounts are applied such that the Credit will be used to gain management fees discount such that more (or all, as applicable) of the investment amount shall be deemed Actively Deployed Capital (as such term is defined in the LPAs), for example, to invest US$14,000 in a deal, the Referrer or Referred Investor who wants to use the Credit will still have to invest the entire US$14,000 amount, however, all such amount shall be deemed Actively Deployed Capital and no amount shall be allocated to pay management fees and the Referrer or Referred Investor will be receiving an additional $1,000 worth of net investment into the chosen investment.
II. Privacy.
Referrers may participate in the Program made available by OurCrowd in order to refer Referred Investor to OurCrowd as potential new investors. To do this, Referrers must necessarily submit personal information about themselves and the Referred Investor, such as name and e-mail address information, so that OurCrowd may communicate with the Referred Investor on the Referrers’ behalf. The personal information will be collected, processed and used in accordance with OurCrowd’s privacy policy, which can be found at Privacy policy. Referrers understand that, in addition to the initial communications to Referred Investor, OurCrowd may also use the personal information to send Referred Investor additional follow-up communications on behalf of the Referrers in order to encourage or remind Referred Investor to complete the onboarding and accreditation process. The personal information may also be used by OurCrowd to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from OurCrowd.
III. Content Ownership and Use.
A. OurCrowd’s platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between Referrer and OurCrowd, all Content is the property of OurCrowd or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on OurCrowd’s platform or the Program is the exclusive property of OurCrowd and is protected by copyright, trademark, and other laws.
B. Trademarks
The registered or unregistered logos, product and service names contained in OurCrowd’s online platform or the Program are or may be trademarks of OurCrowd or its licensors (the "Marks"). Without OurCrowd’s prior written permission, and except as solely enabled by any link as provided by OurCrowd, you agree not to display or use in any manner the Marks.
IV. Liability.
A. By participating in the Program, Referrers agree to:
Be bound by these Terms and Conditions, the decisions of OurCrowd and its designees, and the privacy policy of OurCrowd and defend, indemnify, release and hold harmless OurCrowd, its parent companies, 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 Referrers’ 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 Credit).
B. OurCrowd shall not be liable for:
Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
Claims, demands, and damages in disputes among Referrers or between Referrers and Referred Investor; or
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 OurCrowd at the relevant time.
C. OurCrowd disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond OurCrowd’s control corrupt the administration, security or proper operation of the Program.
D. OurCrowd shall not be liable to any Referrer for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental 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, 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.
E. OurCrowd reserves the right to cancel or suspend the Program should OurCrowd determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
F. Disclaimer of Warranties
REFERRERS 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 OURCROWD 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) OURCROWD MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; 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.
G. Limitation of Liability and Indemnification
REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT OURCROWD (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 OURCROWD 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, OURCROWD'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.
REFERRERS SHOULD USE THE PROGRAM AT THEIR OWN RISK.
V. Conduct.
A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), OurCrowd reserves the right to cancel, change, or suspend the Program.
B. Prohibited Conduct, Generally
Referrers agree not to use the Program to:
Violate applicable law;
Infringe the intellectual property rights of OurCrowd or any third parties;
Stalk, harass, or harm another individual;
Collect or store personal data about other Referrers;
Impersonate any person or otherwise misrepresent Referrer's identity;
Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
Interfere with another Referrer's use of the Program;
Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
C. Bulk Distribution ("Spam")
If a Referrer provides a Personal Link to a Referred Investor by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members.
Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or "spam", in OurCrowd’s sole discretion, is expressly prohibited and may be grounds for immediate termination of the Referrer's participation in the Program. OurCrowd has a no-tolerance spam policy.
OurCrowd has no obligation to monitor the content provided by Referrers; however, OurCrowd may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
While OurCrowd is the actual sender of the referral email, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including antispam laws, are obligated to indemnify OurCrowd and all of the Released Parties against any liabilities, costs and expenses incurred as a results of such violation.
D. Fraudulent and Suspicious Behaviour
OurCrowd may prohibit a Referrer from participating in the Program or receiving a Credit, in OurCrowd’s sole discretion, if OurCrowd determines that such Referrer 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 other Referrers or any representatives of OurCrowd.
Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
Referrers may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Credit.
OurCrowd reserves the right to disqualify any Referrer and/or cancel any Credit if OurCrowd finds a Referrer to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
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, OURCROWD RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
VI. Suggestions and Submissions.
OurCrowd appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that OurCrowd does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While OurCrowd values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send OurCrowd Creative Ideas, OurCrowd:
Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas and shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VII. Applicable Law; Jurisdiction.
Any and all disputes, claims and causes of action arising out of or related to the Program or any Credit or other prize awarded pursuant to the Program or to these Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of Israel, notwithstanding any principles of conflicts of law. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site. You hereby consent to the jurisdiction of the qualified courts operating in the State of Israel.
VIII. General Terms.
These terms constitute the entire agreement between Referrers and OurCrowd concerning Referrers' use of the Program. The failure of OurCrowd to exercise or enforce any right or provision of these terms 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, OurCrowd and Referrers nevertheless agree that the court should endeavour to give effect to the intentions reflected in the provision, and that the other provisions of these terms 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.