Terms & Conditions
Last updated May 12, 2021
Opencare Inc. (“Opencare”, “we” or ”us”) operates the Opencare Referral Program (the “Program”), which allows both registered Opencare members (a “Member”) to reward friends, and affiliated health care providers (a “Provider”) to reward other providers, for using Opencare’s services, as well as earn rewards for themselves by making the referral.
- Eligibility. You must be a legal resident of the United States of America or Canada and at least 18 years old to participate in the Program. You agree not to send the invitation email to anyone unless they are at least 18 years old. You may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
- Participation. To participate in the Program, visit https://www.opencare.com and follow the on-screen instructions to refer friends, family members or colleagues (“Friends”). The on-screen instructions will provide information regarding the specific amount that will be offered to you and your Friends in the form of a pre-paid gift card (the “Gift Card”), which may be subject to the issuer’s terms and conditions, potentially including expiration dates. By providing an email address or by providing a Program link to your Friend, you represent that you know the Friend to whom you are sending the communication, you genuinely believe they would be interested in the Gift Card, and that, to the extent any consent is necessary, you have consent to send the communication.
Earning Gift Cards. In order to receive the Gift Card, you must make a referral by sending an invitation message.
- For Providers: Once the practice you are referring onboards with Opencare and is active for 3 months, the referring practice (“Provider”) will receive an invoice credit reflective of the promotion running when they referred.
- Friends. A referred Friend can only use one referral link and can earn a maximum of one Gift Card, as described herein. If a referred Friend receives referral links from multiple Members or Providers, only the corresponding Member or Provider of the unique referral link used by the referred Friend will receive the Gift Card.
- Restrictions. You must only send legitimate invitation communications to Friends who are real people whom you know. You cannot refer yourself or create multiple, fictitious or fake accounts with us or participate in the Program by pretending to be your own “Friends”. You may not use the Program in a manner that violates any law, infringes or violates 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 Program. In addition, you may not (i) tamper with the Program, (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 Program.
- Spam. You are the actual sender of the invitation message 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. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner outside the intent of the Program is expressly prohibited and may be grounds for immediate termination and further legal action. We have no obligation to monitor the Program or any communications; however, we may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. If you do not comply with the law, including anti-spam laws, you are obligated to indemnify us against any liabilities, costs and expenses we incur as a result of such spam.
- Severability. If any provision in these terms is 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 not affect the validity of and enforceability of the remaining provisions. This Program is valid only where permitted by law.
- Right to Terminate or Cancel. Opencare may suspend or terminate the Program or your ability to participate in the Program at any time for any reason. We reserve the right to suspend accounts, revoke any Gift Cards accrued and any Gift Cards that have been paid, and/or deactivate of your personal referral link if we notice any activity that we believe is abusive or fraudulent at our sole discretion absolutely. We may delay the provision of a Gift Card for the purposes of investigation. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals as deemed fair and appropriate, at our sole discretion absolutely. We reserve the right to suspend accounts that use unique referral links on any platform that directs to the Opencare domain or use the Opencare trademark, at our sole discretion absolutely.
- Limited Rights. This Program is not intended to confer any rights to either you or your Friend. This Program does not establish a right in contract, tort or equity at law as between Opencare, you, your Friend, or any other party. You and your Friend shall have no right to bring an action, application, complaint or other procedure before any court, tribunal or other official body stemming from his or her voluntary participation in this program. All Gift Cards and other benefits conferred by Opencare are unearned benefits, i.e. gifts given by Opencare, at its sole discretion absolutely, without contractual consideration at law.
- Updates to the Terms. We reserve the right to update these Terms at any time without prior notice to you. It is your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.