Terms of Service

Karta Connect Terms of Service

Section 1: General Acceptance

1.1 Karta Connect and its related systems including QR Codes(collectively known as “Connect”) is operated by 545490 Ops Pty Ltd, ABN 48 659 671 315 (“Karta Ops”, “we”or “us”) and its related entities (including 545490 Pty Ltd). Set outbelow are the Connect Term of Service (collectively known as “Terms”).

1.2 By using Connect, you acknowledge that you:
     a.    live in Australia;
     b.    be at least 18 years old;
     c.    do not have a nationality from a country subject to Australian Government’s embargo or
designated by the Australian Government as “terrorist supporting” country; and
     d.   are not listed on any Australian government list of prohibited orrestricted parties.

1.3 In using Connect, you acknowledge and agreeto be bound by the Terms. You must only use the Connect for the purposes for which it was designed and offered and not for any other purpose. You will use Connect in a responsible manner, considering the effects your use of Connect may have on other users.

1.4 Your use of Connect is subject to these Terms, includingany timeyour use any features of Connect.

1.5 These Terms constitute a binding legal agreement between youand Karta Ops, and your continued use of Connect constitutes your acceptance and acknowledgement of these Terms and Related Documents, all ofwhich (when taken together) constitute a part of these Terms. If you do not agree to these Terms, you must cease use of Connect. We may amend or modify Connect, the Terms & Conditions and/or the Privacy Policy at as required from time to time and may provide prior notice to you where it is reasonable to do so. Any amendments are effective immediately after publication on Website unless the amendments are not favourable to you. Where the amendments are not favourable to you, we will provide 14 days prior notice where it is reasonable to do so. Your continued use Connect indicates your continued acceptance of the Terms, as modified.

Section 2: Definitions

'GST' means tax on goods and services under A New Tax System (Goods and Service Tax) Act 1999.

‘Mastercard Digital Gift Card App’ means the mobile app used by a cardholder to view Mastercard Digital Gift Card, obtain card balances, and add Mastercard Digital Gift Cards to Apple Wallet or Google Wallet.

‘Mastercard Digital Gift Card’ means the Mastercard Digital Gift Card & Pays-enabled Card, issued by Karta, under Programs which are managed by Karta Ops and are distributed by MPMS.

'Karta’ means 545490 Pty Ltd ABN 83 648605 225, the Issuer of Mastercard Digital Gift Card

‍‘Notice’ means all notices given underthese Terms which shall be in writing and may be notified by one party to theother personally, by certified mail or email address which is provided by other party. Any party may from time to time change its address for receiving notices or other communications by providing notice to the other party in writing.

‘Related Documents’ means any other documents issued by Karta Ops and its related entities (including 545490 Pty Ltd) such as (without limitation) anyother Terms & Conditions, Privacy Policy, and any policies displayed on Website.

‘Services’ means theservices to be provided by Karta Ops and its related entities including 545490 Pty Ltd through the use of Connect.

'Tax Invoice' means invoice with GST being charged for goods and services, if applicable, as defined under Good and Service Tax Ruling GSTR 2013/1.

‘User’ or ‘you’ or ‘your’ means any legal person visiting, creating an account, logging into an account,or making general use of Connect.

‘Website’ means websitesthat display various terms including but not limited to:
     ·       Privacy Policy: https://www.karta.com.au/digital/mastercardgift/privacy-policy
     ·       This Term of Service
     ·       Cardholder Terms & Conditions: https://www.karta.com.au/digital/mastercardgift/terms-and-conditions

Section 3: Use of Connect

3.1 In using Connect, you must:
     a.    always act courteously and politely;
     b.    comply with any Related Documents displayed on Website;
     c.     obey all laws (including international law), and any company policy or code of conduct or related contract which may apply inrespect of your use of the Connect;
     d.    not take any action that is likely to impose upon Connect (or our servers, or the servers of our third-party suppliers) adisproportionately large load;
     e.    not interfere with the proper working of Connect orany activities conducted via Connect, including by using any automated ormanual software or process to "crawl", "spider"; or engage in similar conduct in relation to Connect; and
     f.      except to the extent the Applicable Law andregulations allow you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of Connect.

3.2 All Services provided by Connect is governed by this Term.

3.3 Recipient of Mastercard Digital Gift Card will be required to createan account via Mastercard Digital Gift Card App. The use of Mastercard Digital Gift Card App is bound by this Term and relevant terms and conditions of theMastercard Digital Gift Card, as applicable from time to time.

Section 4: Fees

4.1 The purchase of Mastercard Digital Gift Card is subject to a fee plus GST shown during checkout and on Tax Invoice.

4.2 By proceeding to the checkout, you acknowledge and agree to the purchase price, where applicable.

4.2 We reserve the right to change fees as shown inclause 4.1 above. Fee change notification shall be made in Website 30 days prior to fee change becoming effective.

4.3 All fees shown in Website are exclusive of GST.

Section 5: PIN Management

5.1 Users of Mastercard Digital Gift Card App will be required to create an app PIN to access Mastercard Digital Gift Card App.

5.2 When choosing a PIN, avoid obvious number combinations, sequences, or your birthday. Never share your PIN, memorise it and do not write it down. Otherwise, you may be liable for unauthorised transactions.

5.3 You should check your statements and advise us by contacting our Support team at mastercardgift@karta.com.au promptly if you think there has been unauthorised charges.

Section 6: Account Selection

6.1 Mastercard Digital Gift Card App users may request for account deletion. Once you confirm the deletion of your account, the account will be scheduled for deletion and immediately deactivated, preventing you from logging in to the account and accessing Services. After you delete your account, you will have a 5 days cooling period, during which time you can cancel the deletion and reactivate your account.

6.2 Where you reactivate your account in this 5 days cooling period, your account will be fully restored and active. Once this period is over, your account will be permanently deleted and cannot be recovered. If you wish to continue using our services after your account has been deleted, you will be required to create a new account with us. Please note, we will keep a record of your deletion request and any other relevant account information required under relevant laws and regulations.

6.3 If you have any questions or issues relating to deleting your account, you can contact our Support team at mastercardgift@karta.com.au

Section 7: Disclaimer and Liability

7.1 The content available on Connect provides a summary and general overview only. It is not intended to be comprehensive, nor does it constitute financial or legal advice.

7.2 You should seek legal or other professional advice before acting or relying on any of Connect content. Subject to Applicable Law, Karta Ops does not warrant or represent that the information in Connect is free from errors or omissions or is suitable for your intended use

7.3 Subject to Applicable Law and regulations, you agree to use Connect at your own risk and that Karta Ops and its related entities (including 545490 Pty Ltd) do not warrant and disclaim any and all express or implied warranties and representation, including without limitation any warranty of non-infringement, any implied warranties of merchantability or fitness for a particular purposes and implied warranties arising from your use of Connect.

Section 8: Idemnificiation

8.1 Subject to Applicable Law and regulations, you agree at your own expense to hold harmless, defend and indemnify Karta Ops and its related entities (including 545490 Pty Ltd), third party service providers and external consultants from any actual orpotential legal action(s), proceedings, claims, damages, payments, deficiencies, fines, judgements, settlements liabilities, losses, cost and expenses arising from your use of the Connect.

8.2 You agree that if you materially breach any of these Terms, Karta Ops may not be held responsible for you ractions. Karta Ops, at its reasonable discretion, remove or cancel your orders via Connect and provide you with refund for this breach.

Section 9: Maintenance and Disputes

9.1 While we willalways strive to ensure Connect is operational, there are times when there could be unexpected temporary maintenance, including by way of example, dealing with technical issues, testing, and the addition of updates to reflect changes to the law or regulatory requirements. Karta Ops reserves the right, at anytime to modify or discontinue, either temporarily or permanently, any functions and features of Connect, without prior notification to you where it is reasonable and/or necessary to do so.

9.2 You also agree that neither Apple nor Google has any obligation to provide support for Connector the Mastercard Digital Gift Card App.

9.3 If you have any technical issues with the Connector the Services, please contact mastercardgift@karta.com.au. Karta Ops shall review all technical issue complaints. If Karta Ops, at its sole discretion, deem that the issue requires rectification, we will perform the necessary work to resolve the technical issues.

9.4 If you have anyqueries regarding Terms, including matters relating to this Term and your orders, please contact customer service at mastercardgift@karta.com.au.

9.5 Karta Ops may request more information and you agree to reasonably cooperate to resolve any issues raised by you.

Section 10: Cookies and Privacy Policy

10.1 Connect system and Mastercard Digital Gift Card App terms of use incorporate, and should be read together with, our Privacy Policy. Karta Ops will use only the personal data which you submit to us via the website in accordance with the Privacy Policy. The Karta Privacy Policy also describes how this website may collect, store and use cookies. We will not disclose any private information provided by you through our website excepting where required by law. For more informationon this please refer to our Privacy Policy.

Section 11: Intellectual Property and Trademarks

11.1 All rights in Connect and the content on this system and website including copyright, design rights, patents, inventions, knowhow, database rights, trademarks, source codes and any other intellectual property rights inany of the foregoing are reserved to Karta Ops and/or their content and technology providers.

11.2 All trade names, trademarks, service marks and other product and service names and logos (the “Marks”) displayed on Connect or websiteare proprietary to their respective owners and are protected by applicable trademark and copyright laws. These Marks may be registered or unregisteredmarks of Karta Ops. Apple Pay is a trademark of Apple Inc., registered in the U.S. and other countries and regions. Google Pay is a trademark of Google LLC or its related entities. Mastercard and the circles design are registered trademark of Mastercard International Incorporated.

11.3 Unless otherwise stated, all content, materials and trademarks are the property of Karta Ops, its related entities or our licensor and are protected by Australia intellectual property legislation and common law.

11.4 Copyright in the information contained in Connect subsists under the Copyright Act 1968 (Cth) and, through international treaties, the laws of many other countries. Except as permitted under the Copyright Act 1968 (Cth) or other Applicable Law, no part of Connect may be otherwisere produced, adapted, performed in public or transmitted in any form by anyprocess (graphic, electronic, or mechanical, including photocopying, recording, taping or by storage in an information retrieval system) without the specific written consent of Karta Ops.

11.5. You are not permitted to:
     a.     Copy or duplicate any portion of Connect or related systems;
     b.     Decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceived the object code, source code or underlying ideas or algorithms of Connect or any systems;
     c.     Modify, alter, tamper with or repair any of Connect and related systems, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing;
     d.     Interfere or attempt to interfere in any manner with the functionality or proper working of any of Connect or related systems;
     e.     Remove, obscure, or alter any notice of any intellectual property or proprietary right appear on or contained within Connect and its related systems;
     f.       Assign, sublicense, sell, resell, lease rent, or otherwise transfer or convey, or make commercial use of Connect or its related system;
     g.     Use any API for timesharing purpose orotherwise for the benefit of any person or entity;
     h.     Use Connect for purpose other than intended purpose;
     i.       Interfere with or disrupt the integrity or performance of Connect; or
     j.       Attempt to gain unauthorised access to Connector the related systems or networks

11.6 Nothing contained in Connect should be construed as granting any licence or right of use of any other person’s or entity’s trademark which is displayed on this website without their express permission.

11.7 You may not remove, change, or obscure the Karta Connect’s or Mastercard Digital Gift Card’s logo or any notices of proprietary rights on any content ofthis website.

Section 12: Links and Subscriptions

12.1 Any information provided by third party data suppliers has not been verified by Karta Ops. Karta Ops does not make any representation or warranty as to the timeliness, reliability, accuracy or completeness of the material, nor does it accept any responsibility arising in any way for errors in, or omissions from that material.

12.2 Your use of any link to a linked website is entirely at your own risk. This website may contain links to other websites solely for your convenience only and may not remain current or be maintained.

12.3 We do not endorse, recommend or approve of any information, products or services referred to on such linked sites and assumes no responsibility for the contents of any other website to which this website offers links.

12.4 Where you have received a message via email, the message is intended only for the addressee and contains information which may be confidential. Where you download or print copies of any information contained in this email, you acknowledge that it is for your personal and private use, and that it may not be reproduced, republished, broadcast or otherwise distributed without Karta Ops’ prior written consent.

Section 13: Applicable Law

13.1 This Term is governed by and the laws of State of New South Wales and Commonwealth of Australia. (‘Applicable Law’)

13.2 If you use Connect from jurisdictionoutside Australia, you agree, at your own risk and cost, to ensure your compliance with any relevant Applicable Law.

13.3 You agree that any legal action arising fromor relating to the use of Connect is subject to the courts of the State of New South Wales, Australia.

Section 14: Contact Us

Should you have any questions or concerns regarding these Terms, our Services or require assistance please contact us at:

Attn: Help Centre
33 Foster Street, Surry Hills, 2010 NSW
Australia
545490 Ops Pty Ltd

Website: www.karta.com.au
Email: mastercardgift@karta.com.au