ESET Policy Hub

Your attention is drawn, in particular, to clauses 7, 8, 9, 10 and 11 below.

1. Binding Agreement.

   These Terms and Conditions (“Terms”), together with the documents referred to in them, set out the terms that govern the Programme. By using the Site or participating in the Programme, you confirm that you agree to these Terms and will comply with them. If you do not agree to these Terms in their entirety you are not authorised to participate in the Programme. All of the Company's Terms are final and binding.

2. Privacy.

   The personal information collected, processed and used as part of the Programme will be used in accordance with Company’s Privacy Policy, which is available by link on the Site https://www.eset.com/uk/policy-hub/privacy/. Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of the credentials. Users agree to notify the Company immediately if they suspect unauthorised access to their account. Users agree that the Company will not be liable for any loss or damage arising from the unauthorised use of their credentials except where due to the Company’s negligence.

3. How the Programme Works.

   To participate in the Programme, visit the Site and select “Refer a Friend.” Users who invite friends to participate in the Programme are called “Referrers.” Individuals who receive an invitation to participate in the Programme are called “Referees.” To fulfil the requirements of the Programme as a Referrer, you must be a legal resident of the United Kingdom and eighteen (18) years of age , (i) follow the on-screen instructions on the Site and refer friend(s) (“Referee(s)”) who are eighteen (18) years of age or older (ii) share the unique referral link (“Personal Link”) with a Referee as long as the Programme is live; (iii) the Referee you shared the Personal Link uses the link and mentions you as the Referrer (iv) the Referee agrees to the Terms and fully completes the referral as described in the referral message, (v) and the Referee purchases an ESET product without returning the product (“Valid Referral”) within thirty (30) days before the Programme Period ends, in order for the Referrer and Referee to receive Reward(s).

4. How many referrals can be made.

   A Referrer may refer a maximum of twenty-five (25) friends during each session and a maximum of five hundred (500) times throughout the entirety of the Programme Period.

5. Advocate Rewards; Friend Rewards.

   Rewards have no monetary value and may not be redeemed for cash. A Referrer making a Valid Referral, will receive a Tango Card® gift card (“Advocate Reward”). The value of an Advocate Reward is determined as follows: Ten Pounds (£10.00) gift card for each Valid Referral purchase of a consumer solution (HOME); Twenty Five Pounds (£25) gift card for each Valid Referral purchase of a business solution.
6. Advocate Rewards will be delivered to Referrer via email within thirty (30) days of a Valid Referral. Rewards are subject to verification. The Company may also refuse to verify and process any transaction where it is necessary to do so. The Company may delay a reward for the purposes of investigation. Advocate Rewards may be redeemed in various forms in the Company's sole discretion. The redemption of an Advocate Reward is governed by Tango Card’s Terms and Conditions found here at https://redeem.tangocard.com/card/use for more information. An Advocate Reward does not have an expiration date, and it remains valid until redeemed by the Referrer.
   The corresponding Referee to the Valid Referral will receive discount (“Friend Reward”). The value of a Friend Reward is a thirty percent (30) discount from Company’s regular selling priced product only (Company “services” not included) and only applies to the following products: ESET HOME Security Essential, ESET HOME Security Premium and ESET HOME Security Ultimate

7. Restrictions

   You may only use the Programme in good faith and in compliance with applicable laws. The following uses are prohibited; and the Company may prohibit you from participating in the Programme and refuse to provide you with any Reward if it suspects or determines you have done or attempted to do any of the following: Referrers are prohibited in referring themselves, create multiple, or fictitious and or fake accounts with the Company or participate in the Programme as “Friends”. You are prohibited from using the Programme to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Programme. In addition, you may not (i) tamper with the Programme, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Programme. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAMME MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING LEGAL FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
   Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate.

8. Liability

   (“Released Parties”) means the Company, Extole, Inc., as the provider of the referral service, and their respective 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 Programme. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES 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 THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) EXCEPT WHERE CAUSED BY THEIR NEGLIGENCE. By participating in the Programme, you agree to defend, indemnify, release and hold harmless 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 the Programme (including, without limitation, any property loss, damage and/or the awarding, receipt and/or use or misuse of any benefit in the Programme. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in or accessing or downloading information in connection with the Programme. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAMME, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED [£12,500]. Your statutory rights are not affected.

9. Disclaimer of Warranties

   YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAMME AND ITS RELATED SYSTEM(S) AND PLATFORM(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OFFERED THROUGH THE USE OF THE PROGRAMME, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAMME WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAMME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAMME WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAMME 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 EXCEPT WHERE DUE TO THE COMPANY’S NEGLIGENCE.

10. Bulk Distribution (“Spam”).

    Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Programme, the Referrer represents that he/she has the appropriate permission and consent of the Referee. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination from the Programme and further legal action. The Company has no obligation to monitor the Programme or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Programme. If you have received a Personal Link from a website, on social media from a person you do not know, via email from a person you do not know, or in any other fashion from a person you do not know, please be aware that the Personal Link may be invalid and may not work. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Company against any liabilities, costs and expenses the Company incurs as a result of such spam.

11. Sign-In Credentials.

    Users are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through their use. Users agree to notify the Company immediately if they suspect unauthorised access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorised use of their credentials except where due to the Company’s negligence.

12. Right to Cancel, Modify or Terminate.

    We reserve the right to change or amend these Terms at any time by revising these Terms which are located at https://www.eset.com/uk/policy-hub/refer-a-friend. We reserve the right to change, modify, alter, amend or terminate the Programme (including the amount of the Reward) at any time where it is necessary to do so. Following any change or amendment to these Terms, your continued use of the Site and participation in the Programme constitutes your acceptance of the changed or amended Terms and the Programme as in force at that time. We reserve the right to disqualify any User at any time from participation in the Programme if he/she/they do(es) not comply with any of these Terms.

13. Applicable Law and Jurisdiction for Disputes.

    These Terms and the Programme are governed by English law. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Programme, these Terms or their subject matter or formation.

14. Severance.

    If a court invalidates some of these Terms, the rest of it will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
15. If you have any questions regarding these Terms or your use of the Site, please contact the Company at: customerservices@eset.co.uk.