General Terms and Conditions for the Referral Program ("T&C")
Urban Sports GmbH, Michaelkirchstr. 20, 10179 Berlin or its respective subsidiaries, licensees or affiliates ("Urban Sports") allows participants to refer Urban Sports' services to businesses and to purchase and collect sports vouchers ("Referral Program").
These T&Cs apply to all participants who wish to use Urban Sports' Referral Program and by participating in the Referral Program, the participant agrees to use the Referral Program in accordance with this Agreement and agrees to be legally bound by these T&Cs.
- Conditions of Participation
1.1 A Sports Voucher is only awarded for the qualified recommendation of a Participant, during the period of the Referral Program.
1.2 Participant is a (i) natural person, (ii) who has his residence in Germany and (iii) is at least eighteen (18) years old.
1.3 A qualified recommendation exists if the participant transmits the referral code received by e-mail to (i) a decision-maker within a company and (ii) the company enters into a cooperation agreement with Urban Sports within six (6) months after the referral code is transmitted, stating the referral code from the Urban Sports website.
1.4 A decision maker or a person with a similarly relevant function in the department, is a person within a company who is responsible for the procurement of corporate benefits or employee benefit programs within the company.
1.5 The decision maker and the participant cannot be the same person.
1.6 A company within the meaning of these T&C is (i) a legal entity, (ii) which has its registered office in Germany and (iii) which employs at least five (5) employees. Natural people are not included in the definition of a company.
- Referral Process
2.1 The participant requests an individual referral code via an online form in order to pass it on to companies. The online form contains four (4) fields that must be completed in order to receive the referral code:
- First Name
- Last Name
- Phone Number
- E-Mail Address
2.2 If the participant has provided all the information required to order the referral code, the participant will receive the referral code via email.
2.3 Urban Sports maintains a list of referral codes requested by a participant, per participant, which is used to calculate whether the recommended company has entered into a cooperation agreement within the deadline for the qualified recommendation.
2.4 Companies that have received a qualified recommendation from a participant register on the Urban Sports website within 6 months of the referral code being sent by e-mail in order to enter into a paid cooperation agreement with Urban Sports. For this purpose, the company selects on the Urban Sports website the amount in which the Urban Sports membership for employees is to be sponsored.
2.6 After the company enters into a cooperation agreement with Urban Sports Club by entering the referral code on the Urban Sports website, Urban Sports will contact the participant within 30 days of the conclusion of the agreement so that the Participant can register for the Sports Voucher.
- Sports Vouchers
3.1 The participant may use the sports voucher to unlock a free three-month Urban Sports M membership upon successful qualified recommendation.
3.2 In the special case that the company decides to promote the full contribution of an M membership, the participant can use the sports voucher to unlock a free three-month Urban Sports L-Membership, instead of a free three-month M-Membership.
3.3 The sports voucher can only be used for sports offers on the Urban Sports platform over the period of the respective free membership.
3.4 The Sports Voucher cannot be exchanged for cash or other privileges, such as (but not limited to) gift certificates and cannot be transferred to another person.
3.5 A sports voucher cannot be combined with any other voucher code.
3.6 A sports voucher can only be redeemed for new qualified recommendations and not for past (prior to the conclusion of these T&Cs) referrals.
3.7 Sports vouchers are subject to availability and are not an indication of availability.
3.8 If the sports voucher is cancelled or not used, the participant is not entitled to a refund for the value of the sports voucher or a reinstatement of the sports voucher.
3.9 The activated sports voucher is valid only for a limited period of time.
3.11 The expiry date for non-released sports vouchers shall be specified separately for each sports voucher. If no period is specified, non-unlocked sports vouchers are valid indefinitely. However, Urban Sports reserves the right to let sports vouchers expire at a time to be determined by announcing this on the Urban Sports website in good time beforehand.
3.12 Urban Sports reserves the right to change or invalidate the sports voucher at any time. Urban Sports reserves the right to withdraw the offer and/or refuse to redeem a sports voucher if the total value of the sports vouchers already redeemed exceeds a certain value or a limited number.
4.1 If a company has previously received information from Urban Sports in a way other than through the participant by way of the Referral program and the company enters into a cooperation agreement with Urban Sports, then a qualified recommendation is excluded in any case. The aforementioned regulation also applies if the company has received information from Urban Sports under other names or under a pseudonym.
4.2 The Referral Program applies exclusively to companies with a registered office in the Federal Republic of Germany.
4.3 The participant who does not fully agree to these terms and conditions is excluded from the Referral Program.
- Term, Termination
5.1 These T&C are concluded for an indefinite period.
5.2 The participant and Urban Sports can terminate this agreement at any time, without notice and without giving reasons in text form. The termination becomes effective on the following day after receipt of the notice to the other person. The sports vouchers received before the effective termination, but not activated, are available to the participant for activation even after the end of these T&C.
5.3 From the time the termination becomes effective, the participant has no claim to Sports Vouchers that originate from a qualified recommendation where a cooperation agreement between the Company and Urban Sports was concluded after the termination became effective.
- Right to Exclude Use
Urban Sports reserves the right to close participant user accounts and require appropriate payment if the participant attempts to use the Referral program in an exploitative manner, violates any of these T&C, or violates any laws, regulations, or governmental requirements.
To the extent permitted by applicable law, participant releases Urban Sports from any and all liability for any loss, damage, cost or expense, including but not limited to property damage, personal injury and/or death, arising out of or in any way connected with the Referral program.
Participant agrees to indemnify, hold harmless, defend and hold Urban Sports harmless from any and all third party claims, demands, liabilities, costs or expenses, including attorneys' fees and costs, arising out of or in connection with any violation by Participant of these TOS or any violation by Participant of applicable law.
9.1 Urban Sports reserves the right to delete, replace, suspend or modify these T&Cs at any time and for any reason. Urban Sports will inform the participant about changes of the T&C by e-mail. If Participant does not agree with the changes, participant may terminate the T&C by notifying Urban Sports in text form within two (2) weeks of receiving notice of the change to the T&C. However, if the participant continues to participate in the Referral program, all changes to the T&C shall be deemed accepted by the participant after the expiration of the aforementioned two-week First.
9.2 Amendments and supplements to this contract must be made in text form. This shall also apply to the amendment of this text form clause.
9.3 Should individual provisions of these T&C be invalid in whole or in part or be in contradiction, this shall not affect the validity of the rest of the T&C. The invalid provision shall be replaced by a provision that most closely reflects the purpose and intent of both contracting parties at the time the T&C were concluded. The same shall apply in the event of unintentional loopholes.
9.4 The law of the Federal Republic of Germany shall apply.
9.5 The exclusive place of jurisdiction for disputes arising from and in connection with these T&C is Berlin.
Last update: January 2023