Legacy Card Program term of use

For a detailed description of the Legacy Card program, please review the Terms of Use below.

Last Updated: September 6th, 2023

1. GENERAL TERMS

1. 1. ACCEPTANCE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE LAGACY CARD PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE LEGACY CARD PROGRAM.

By clicking “Register”, “Join Now”, “Confirm”, “Accept” or similar you are agreeing to enter into a legally binding contract with Sand Tech Holdings Limited (“we”, “us”, “SAND“, “The ROOM”) a private company incorporated in Mauritius (d.b.a. “The ROOM”, or any other afilliated brand).

You agree that we may provide updates, notices, disclosures, and amendments to these Terms of Use, and other information relating to the Legacy Card by electronic means, including posting such information and materials online or on the Fellowship Portal.

1. 2. APPLICATION

These Terms of Use apply to your access to, and participation in, the Legacy Card program (“Legacy Card”, “service”), which is owned and operated by The ROOM or its respective subsidiaries, licensees and affiliated companies. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with rewards for other products or services.

Our Privacy Policy is incorporated into these Terms of Use and also governs your participation in the Legacy Card. Please read the Privacy Policy carefully to understand how the Legacy Card collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

1. 3. CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to The Legacy Card, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted, so please check back from time to time and we will alert you of updates. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in the Legacy Card following any such changes or modifications confirms your acceptance of the changes. If you do not agree to these Terms of Use or any changes, you must stop accessing and participating in the Legacy Card.

1. 4. SERVICE AVAILABILITY

We may change, suspend or discontinue this service at any time. We may also modify our prices upon reasonable notice to the extent allowed under the law.

You agree that we have no obligation to store, maintain or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

We reserve the right to accept or reject your request to join or participate in the Legacy Card program based on misalignment with the organization’s community values or risk of any harm to the community, both online and in person. To this end, we reserve the right to keep records of the information related to your account in case of expulsion, which may jeopardize any future relations between you and The ROOM. 

We reserve the right to limit your use of this service and your ability to contact other Legacy Card holders.

2. YOUR USE OF THE LEGACY CARD SERVICE

2.1. ELIGIBILITY 

You are only eligible to use the Legacy Card if you meet all of the criteria described in section 3.2 below, which includes your payment of a monthly recurring $10 subscription fee to us (see below).

2.2. SUBSCRIPTION FEE

In order to participate in the Legacy Card program, you will be charged a recurring subscription fee of ten U.S Dollars ($10) per month.

You will be billed through one of our accepted methods of electronic payment (including Visa and Mastercard) in one of the following ways:

1.  on a monthly basis; 
2. 6 months in advance;
3. 12 months in advance.

We will notify you in the event that one of our accepted methods of payment changes. 

Should you miss a payment, we will notify you that your account is suspended. Your account will be reactivated upon our receipt of your payment. 

You may cancel your subscription at any time by sending us an email to [email protected]. 

Please refer to our Fraud Disclaimer for more information about how we make payment requests and to be vigilant about fraudulent payment requests. You agree that it is your sole responsibility to make sure that you pay the subscription fee to SAND and to the correct account. We will not be liable to you or any third party for your failure to make payment to the correct account.

2.3. PERSONAL USE

Your Legacy Card membership profile must be your personal profile, using your real name. Creating an account with false or misleading information is a violation of these terms. Your account may not be sold, transferred, assigned to, or shared with family, friends or any other third party. You may have only one (1) personal account.

The Legacy Card is intended for personal use only. Commercial use is prohibited. The Legacy Card is not targeted towards, nor intended for use by, anyone who is not eligible or part of the ALX or Fellowship community. 

2.4. RESTRICTED USE

You may not use the Legacy Card in any a way that will prevent other Legacy Card holders from using this service. 

You may not sell, assign or transfer your Legacy Card or Legacy Points to any Legacy Card holder or third party. 

You may not use the Legacy Card in any way that will violate:

•  these Terms of Use and any terms incorporated by reference, 
• any rights of a third party, or 
• any applicable laws. 

You further agree that you will not:

• Create a false identity, misrepresent your identity, create an account or profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
• Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the services or otherwise copy profiles and other data from this service;
• Override any security feature or bypass or circumvent any access controls or use limits of this service (such as caps on keyword searches or profile views);
• Copy, use, disclose or distribute any information obtained from this service, whether directly or through third parties (such as search engines), without our consent;
• Disclose information that you do not have the consent to disclose (such as confidential information of others);
• Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;

• Violate the intellectual property or other rights of ALI, including, without limitation, (i) copying or distributing our materials or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using the brand “The Room” or our logos in any business name, email, or URL except as provided in our Brand Policy;
• Post anything that contains software viruses, worms, or any other harmful code;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for this service or any related technology that is not open-source;
• Imply or state that you are affiliated with or endorsed by The Room or ALI without our express consent;
• Rent, lease, loan, trade, sell/resell or otherwise monetize this service or related data or access to the same, without our consent;
• Deep-link to our services for any purpose other than to promote your profile on our services, without our consent;
• Use bots or other automated methods to access this service, add or download contacts, send or redirect messages;
• Monitor the service’ availability, performance or functionality for any competitive purpose;
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of this service;
• Overlay or otherwise modify this service or its appearance.

You agree to indemnify and hold harmless The Room and any of its directors, employees, contractors, partners, service providers from and against any claims by a third party that may arise from your misuse of the Legacy Card or your violation of these Terms of Use. 

2.5. SUSPENSION/TERMINATION OF YOUR ACCOUNT
The ROOM reserves the right to suspend your account and/or terminate your account and/or your participation in the Legacy Card program if:

•  you fail to make payment of the monthly subscription fee; 
• your account remains suspended for more than two (2) consecutive months;
• The ROOM determines, in its sole discretion, that you have violated these Terms of Use or that the use of your Legacy Card is unauthorized, deceptive, fraudulent or otherwise unlawful. 

The ROOM may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. 

In the event that your participation in the Legacy Card is terminated, all accrued points in your account are void.

Without notice to you, The ROOM also reserves the right to “deregister” and make ineligible for the Legacy Card any account that has been inactive for two (2) consecutive years. Inactivity is defined as no points earned during such two (2) consecutive year period. In the event that your Legacy Card or account is unregistered or rendered inactive, all accrued points in your account are void.

The ROOM reserves the right to change, modify, discontinue or cancel the Legacy Card or any part or apsect of the Legacy Card program, at any time and in its sole discretion, without notice to you.

3. OUR LEGACY CARD SERVICE

3.1. ABOUT THE LEGACY CARD

The Legacy Card is one way in which The ROOM endeavors to reward and thank you for engaging in the community. By participating in the Legacy Card program, you may earn and accumulate “Legacy Points” that can be redeemed for rewards. The Legacy Card is a virtual card granting holders exclusive access to rewards and privileges. By becoming a valued member, you will gain access to a host of benefits, curated to enhance your experience with us. Please see below some of the benefits:

Fast Track your path to Legacy Points Rewards: 

Legacy Card holders unlock a world of accelerated rewards redemption, more opportunities to earn Legacy Points and climb up the rewards ladder.

Exclusive Content: 

Legacy Card holders enjoy exclusive content through exciting campaigns e.g the ‘Behind the Interview’ series. 

Exclusive Access to customised offerings through our partners: 

We are delighted to present you with unique and exclusive opportunities through our partnerships. These collaborations add an extra layer of value to your membership to the Legacy Card Program, elevating your rewards and experiences to new heights.

Premium Rewards: 

As a valued member, you’ll gain access to a selection of rewards. Examples of our rewards may include:

• A week in the shadow of Fred Swaniker; or
• Concert tickets; or
• 3 mentorship sessions with renowned professionals and more.

All rewards are determined at random and at the sole discretion of The ROOM and may be changed, amended, ceased without cause and without notice to you. 

Rewards are provided by either The ROOM or by our partners. Rewards are provided “as is” and “as available” and The ROOM makes no warranty in respect of any aspect of any rewards that we offer and we make no guarantee that the specific rewards mentioned above will be available at the time of your participation.  

Where your acceptance and/or use of the reward requires you to travel, you agree and warrant that you will be responsible for any and all costs (including incidental or consequential costs) that are not expressly included in the reward. You agree and warrant that you will comply with all applicable laws and you will ensure that you obtain any and all necessary documentation to lawfully accept and/or make use of the reward. 

The ROOM shall not be liable for any expenses that you may incur in accepting, claiming or using any of the rewards that we offer either through ourselves or through our partners. Any and all expenses that are not expressly included in the reward shall be solely your responsibility. 

Where the rewards are provided by our partners, The ROOM shall not be liable for any claims, loss or damage that may arise from your acceptance or from the use or misuse of the reward by you or any third party. 

You agree to indemnify and hold harmless The ROOM and its directors, officers, employees, contractors from and against any claims, loss, damages, expenses (including third-party claims, loss, damages, expenses) that may arise from your acceptance or from the use or misuse of the rewards by you or by any third party. 

All rewards are subject to eligibility criteria set out below.

This clause 3.1  is subject to paragraph 3 of clause 2.5.

3.2. ELIGIBILITY CRITERIA (BECOMING A LEGACY CARD HOLDER)

To become a Legacy Card holder, you can have only one (1) personal account. Additionally, you must meet all of the following criteria:

1. You must be affiliated with one of The Room’s Fellowship programs: Eligibility is limited to ALX Program learners, ALX Program Graduates and any candidates who have passed the Fellowship assessment;

2. You must be based in Nairobi, Kenya: Our paid membership is designed for all ALX Program Learners and Fellows as long as they currently permanently reside in Nairobi, Kenya;

3. Legacy Points: Our paid membership is exclusively available to Legacy Points programme subscribers. If you are not yet subscribed to Legacy Points but wish to become a Legacy Card holder, kindly reach out to us at [email protected] for further assistance.(Legacy Points terms and conditions are fully applicable.); 

4. Subscription Fee: Legacy Card holders are required to pay a monthly recurring subscription fee of $10, which grants them access to the Legacy Card program. (Different payment plans are available for bulk payments of multiple months at once); and

5. Your account has not previously been suspended or terminated as a result of your violation of these Terms of Use. 

3.3. EARNING LEGACY POINTS

The rewards that are available to you through the Legacy Card are based on the number of Legacy Points that you earn. You earn Legacy Points by engaging in our activities prescribed either on The Room Portal or elsewhere indicated by us, that promote your professional growth journey. By accessing The Room Portal, you agree to its Terms and Conditions available at______________________. 

You can earn points in some of the following ways:

1. Self-Reporting on your employment status 
2. Securing a job
3. Creating or Hosting a networking event
4. Membership Payments
5. Member Referrals
6. Getting a promotion 
7. The number of Jobs you apply for

See a variety of other ways that you can earn points on the Legacy Points page of The Portal.

3.4 .LEGACY POINTS EXPIRATION

Unless otherwise noted, points are automatically added to your account for your eligible action and expire eighteen (18) months after the calendar month in which such points were earned. For example, if you earn points on January 15, 2023, they will expire on August 1, 2024. The oldest accrued points will be used first for redemptions. You can view and track your points balance and available rewards, as well as any additional benefits for which you are eligible as a member, on the website.

3.5. REDEEMING LEGACY POINTS FOR REWARDS

Points may be redeemed for rewards prior to their expiry. The Legacy Card offers different rewards based on how many points have been accrued. Each reward is only redeemable once. 

The ROOM may change or adjust the rewards available at any time at its sole discretion. 

Points accrued in connection with the Legacy Card, have no cash value and cannot be sold to any third party or redeemed for cash. Your redemption of points accrued may be combined with other offers or discounts expressly indicated by The ROOM. The ROOM reserves the right to change or cease any offers or discounts at any time, without notice to you.

Points Redemption Availability May Vary:

The items available for redemption at each Legacy Card milestone may vary depending on redemption rate, availability and logistics. The ROOM reserves the right to determine what rewards will be available at its sole discretion.

Points may be redeemed for listed rewards only. Note that redemption exclusions may apply.

Depending on the location of where the rewards are redeemed, the availability and all other implications applicable to that country and the specific city will apply.

Voluntary Engagement in redemption:

We want to emphasize that your participation in any Partnership and reward offerings is entirely voluntary. While we are excited to bring you exclusive opportunities, you are not obligated to take advantage of these collaborations if they do not align with your interests or preferences. By choosing to participate in our rewards program and partner offerings, you acknowledge and agree that such participation is entirely at your own discretion. We shall not be held liable for any issues, claims, or consequences arising from your voluntary participation in the partner offerings and rewards.

3.6. CONTINUOUS EVALUATION AND IMPROVEMENT

We will continuously evaluate the success and relevance of our partnerships and rewards to ensure they continue to enhance your experience as a Legacy Card holder. If at any point we find a partnership or reward no longer meets our standards or member expectations, we may take necessary actions to make improvements or explore new collaborations that better cater to your needs.

4. THIRD PARTY CONTENT

By using the Legacy Card or participating in the Legacy Card program, you may encounter content or information from third parties that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by such third parties. You agree that we are not responsible for others’ (including our partners’) content or information. We cannot always prevent this misuse of our service, and you agree that we are not responsible for any such misuse.

5. RETURNS

For information about how the Legacy Card handles returns, please read our Return Policy.

DISCLAIMER AND LIMITATION OF LIABILITY

6.1. NO WARRANTY

THE ROOM AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALI AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6.2. EXCLUSION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS THE ROOM HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THESE TERMS), THE ROOM, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THESE TERMS FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

THE ROOM AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THESE TERMS FOR ANY AMOUNT THAT EXCEEDS THE TOTAL SUBSCRIPTION FEES PAID OR PAYABLE BY YOU TO THE ROOM FOR THE SERVICES DURING THE TERM OF THIS AGREEMENT.

6.3. EXCLUSIONS

The limitations of liability in this Section 6 are part of the basis of the bargain between you and The ROOM and will apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if you and The ROOM or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract. 

7. DISPUTE RESOLUTION

All disputes arising from these terms shall be resolved by the parties through good-faith negotiation. This provision applies to all claims and disputes arising from these Terms of Use, the Legacy Card and your relationship with us. In the event that a dispute remains unresolved  You and The ROOM agree that claims and disputes can be litigated only in Mauritius, and you and we each agree to personal jurisdiction in those courts.

8. GOVERNING LAW

These terms are construed and shall be interpreted in accordance with the laws of the Republic of Mauritius. Regardless of your country of residence, you and we agree that the laws of Mauritius, excluding conflict of laws rules, shall exclusively govern any dispute relating to these Terms of Use.

9. OTHER IMPORTANT TERMS

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent.

  If the court cannot do that, you and ALI agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

  This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between you and us regarding the Services and supersedes all prior agreements for the Services.

  If we do not act to enforce a breach of this Contract, that does not mean that we have waived our right to enforce this Contract.

  You may not assign or transfer this Contract (or use of Services) to anyone without our consent. However, you agree that we may assign this Contract to our affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

10. HOW TO CONTACT US

For general inquiries, you may contact us online or by email at [email protected]  

For legal notices or service of process, you may write to us at the following address:

Sand Tech Holdings Limited

Attn: Legal Department

Ref: Legacy Card Program Terms of Use

6th Floor, Tower A, 1 Exchange Square, Wall Street, 

Ebene 72201, Mauritius.

Email: [email protected] with copy to [email protected] 

You agree that the only way to provide us legal notice is at the above email and physical  address.