Section 1: General Acceptance
1.1 The Portal is operated by 545490 Ops Pty Ltd, ABN 48 659 671 315 (“Karta Ops”), 545490 Rewards (Australia) Pty Ltd, ABN 35 702 330 667 (“Karta Rewards”), and their Related Entities. Set out below are the Karta Rewards Portal Terms of Use (collectively known as “Terms”).
1.2 By creating an account on the Portal, you acknowledge that you:
• live in Australia;
• are at least 18 years old;
• do not have a nationality from a country subject to the Australian Government’s embargo or designated by the Australian Government as a “terrorist-supporting” country;
• are not listed on any Australian government list of prohibited or restricted parties;
• are authorised to represent and bind the legal entity on whose behalf you are creating an account on the Portal; and
• your company or the legal entity you work for has signed a Service Agreement with a Karta Entity, and that all the terms of the Service Agreement shall be read in conjunction with these Terms.
1.3 By clicking 'Create Account' or similar, you confirm your acceptance of these Terms. You must only use the Portal for the purposes for which it was designed and offered and not for any other purpose. You will use the Portal in a responsible manner, considering the effects your use of the Portal may have on other users.
1.4 Your use of the Portal is subject to these Terms, including any time you visit the Portal or use any features of the Portal.
1.5 These Terms constitute a binding legal agreement between you and the Karta Entity that is party to your Service Agreement, and your continued use of the Portal constitutes your acceptance and acknowledgement of these Terms and Related Documents, all of which (when taken together) constitute a part of these Terms. If you do not agree to these Terms, you must cease use of the Portal. Each Karta Entity’s obligations under these Terms are several, and no Karta Entity is liable for the acts or omissions of another. We may amend or modify the Portal, these Terms and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective immediately after publication on the Portal. Your continued use of the Portal indicates your continued acceptance of the Terms, as modified.
Section 2: Definitions
Definitions in the Service Agreement shall be read in conjunction with these Terms. Any definition used in the Service Agreement shall apply to these Terms. If there are any conflicts between the Service Agreement and these Terms, the Service Agreement shall prevail.
‘Account’ means the account that the User registered on behalf of a legal entity you are authorised to bind and represent.
‘Karta Entities’, ‘we’, ‘our’ or ‘us’ mean Karta Ops and Karta Rewards together, and a reference to the Karta Entities is a reference to each of them.
‘Karta Ops’ means 545490 Ops Pty Ltd, ABN 48 659 671 315.
‘Karta Rewards’ means 545490 Rewards (Australia) Pty Ltd, ABN 35 702 330 667.
‘Karta Rewards Portal’ or ‘Portal’ means the website at https://beta-rewards.karta.com.au/ or any successor website.
‘Karta App’ means the mobile app used by a cardholder to view gift cards, obtain card balances, and add gift cards to Apple Wallet or Google Wallet.
‘Notice’ means all notices given under these Terms which shall be in writing and may be notified by one party to the other personally, by certified mail or by overnight courier to the address or email address which is provided by the 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. A Notice given to the address or email address published on the Portal for Karta Entities is effective notice to the relevant Karta Entity.
‘Privacy Policy’ means the Karta group privacy policy outlined in https://www.karta.com.au/privacy
‘Related Documents’ means any other documents issued by Karta Entities and their Related Entities such as (without limitation) any other Terms & Conditions, Privacy Policy, and any policies displayed on the Portal.
‘Related Entities’ means, in respect of a Karta Entity, each of its related entities, affiliates, holding companies and subsidiaries, and includes 545490 Pty Ltd.
‘Services’ means the services to be provided by Karta Entities and their Related Entities under the Service Agreement and/or through the Portal.
‘Service Agreement’ means any contractual agreement which is made between the legal entity which the User is authorised to represent and a Karta Entity or a Related Entity. The Service Agreement includes a Summary Sheet and Client Terms and Conditions located at https://karta.com.au
‘User’ or ‘you’ or ‘your’ means any legal person visiting, creating an account, logging into an account, or making general use of the Portal.
‘Uploaded Content’ means any logo, document in electronic format, photos, words or phrases for slogans or trademark uploaded via the Portal for use by Karta Entities for the provision of any services under the Service Agreement.
Section 3: Your Account
3.1 In order to use the Portal, you are required to create an Account with a valid email address and password. Karta Entities reserve the right to decline an Account at any stage. User access will be revoked automatically when an Account is declined.
3.2 When you register your Account, you will provide us with personal information such as your name, email address and other personal or business details. You must ensure that this information is true, accurate, current, and not misleading. Karta Entities will handle all personal information collected in accordance with our Privacy Policy.
3.3 You are responsible for keeping your Account secure and are responsible for all use and activity carried out under your Account, whether you authorise the use or not. You must not share your Account credentials or give access to your Account to any third party outside people approved by your company or the legal entity you work for.
3.4 Karta Entities do not authorise third parties to use the Portal on your behalf, and Karta Entities will not be liable for any loss or damage arising from and in relation to any kind of unauthorised activity that takes place in your Account.
3.5 You must notify Karta Entities immediately if you discover or suspect that your Account has been subject to an illegal activity or unauthorised use by sending notice to rewards@karta.com.au
Section 4: Use of the Portal
4.1 In using the Portal, you must:
• always act courteously and politely;
• strictly comply with any Related Documents displayed on the Portal or any other website operated by Karta Entities;
• obey all laws (including international law), and any company policy or code of conduct or related contract which may apply in respect of your use of the Portal;
• not take any action that is likely to impose upon the Portal (or our servers, or the servers of our third-party suppliers) a disproportionately large load;
• not interfere with the proper working of the Portal or any activities conducted via the Portal, including by using any automated or manual software or process to “crawl” or “spider”, or engage in similar conduct in relation to the Portal; and
• except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Portal.
4.2 All Services provided by the Portal are governed by the Service Agreement between the legal entity you are authorised to represent and a Karta Entity or a Related Entity.
4.3 Any fees shown on the Portal are subject to the Service Agreement. If there are any fees shown on the Portal prior to a Service Agreement being entered into between a Karta Entity or a Related Entity and the legal entity you are authorised to represent, such fees are examples only and are not binding.
Section 5: Uploaded Content
5.1 Where the Portal allows you to upload any Uploaded Content, you:
• represent and warrant to us that you have all right, title, interest, and authority in the Uploaded Content;
• represent and warrant to us that you have the permission to use the name and likeness of each person, image, or logo whose image appears in any Uploaded Content;
• represent and warrant to us that the use or exploitation of Uploaded Content will not infringe the rights of any third party (including, but not limited to, intellectual property rights and privacy rights);
• agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Uploaded Content to or via the Portal;
• accept responsibility to back up any of the Uploaded Content. Karta Entities are not responsible for any failed uploads due to poor connections or any other acts that will inhibit or block uploads into the Portal; and
• agree that Karta Entities can store Uploaded Content in our servers. If you require that any Uploaded Content is removed, you must provide Karta Entities with at least 30 days’ Notice to remove such Uploaded Content.
5.2 The User must not do anything or add any Uploaded Content or any Uploaded Content belonging to the User:
• that may result in the User, Karta Entities or any other person breaching any law, regulation, rule, code, or other legal obligation;
• that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
• that would bring Karta Entities, their Related Entities or the Portal into disrepute;
• that infringes the rights of any person;
• that the User knows (or ought reasonably to suspect) is false, misleading, untruthful, or inaccurate; or
• that contains or constitutes unsolicited or unauthorised advertising (including junk mail or spam).
Section 6: Disclaimer and Liability
6.1 The content available on the Portal provides a summary and general overview only. It is not intended to be comprehensive, nor does it constitute financial or legal advice.
6.2 You should seek legal or other professional advice before acting or relying on any of the Portal content. Subject to applicable law, Karta Entities do not warrant or represent that the information in the Portal is free from errors or omissions or is suitable for your intended use.
6.3 Subject to applicable law, you agree to use the Portal at your own risk and that Karta Entities and their Related Entities 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 purpose and implied warranties arising from your use of the Portal.
Section 7: Indemnification
7.1 Subject to applicable law, you agree at your own expense to hold harmless, defend and indemnify Karta Entities and their Related Entities, third-party service providers and external consultants from any actual or potential legal action(s), proceedings, claims, damages, payments, deficiencies, fines, judgements, settlements, liabilities, losses, costs and expenses arising from your use of the Portal.
7.2 You agree that if you breach any of these Terms, Karta Entities will not be held responsible for your actions. The Karta Entity party to your Service Agreement may, at its sole discretion, terminate your Account or that Service Agreement in accordance with Section 10 and (if applicable) the termination provisions in the Service Agreement if you are in breach of any of these Terms.
Section 8: Maintenance and Disputes
8.1 While we will always strive to ensure our Portal 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 Entities reserve the right, at any time to modify or discontinue, either temporarily or permanently, any functions and features of the Portal, without prior notification to you.
8.2 You also agree that neither Apple nor Google has any obligation to provide support for the Portal or the Karta App.
8.3 If you have any technical issues with the Portal or the Services, please contact rewards@karta.com.au. Karta Entities shall review all technical issue complaints. If Karta Entities, at their sole discretion, deem that the issue requires rectification, we will perform the necessary work to resolve the technical issues.
8.4 If you have any queries regarding fees or these Terms, including matters relating to the Service Agreement, please contact your Karta representative.
8.5 Karta Entities may request more information and you agree to fully cooperate to resolve any issues raised by you.
Section 9: Intellectual Property and Trademarks
9.1 All rights in the Portal and its content (other than any Uploaded Content) including copyright, design rights, patents, inventions, knowhow, database rights, trademarks, source codes and any other intellectual property rights in any of the foregoing are reserved to Karta Entities, their Related Entities and/or their content and technology providers.
9.2 All trade names, trademarks, service marks and other product and service names and logos (the “Marks”) displayed on the Portal are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These Marks may be registered or unregistered marks of Karta Entities or their Related Entities. 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.
9.3 Other than any Uploaded Content, unless otherwise stated, all content, materials and trademarks are the property of Karta Entities, their Related Entities or our licensor and are protected by Australian intellectual property legislation and common law.
9.4 Copyright in the information contained in the Portal 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 laws, no part of the Portal may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic, or mechanical, including photocopying, recording, taping or by storage in an information retrieval system) without the specific written consent of the relevant Karta Entity or Related Entity.
9.5 Karta Entities and their Related Entities grant you a limited, non-transferable, non-exclusive licence within Australia to use the Portal for its intended use and in the use of the Services outlined in the Service Agreement. You are not permitted to:
• Copy or duplicate any portion of the Portal or related systems;
• Decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the object code, source code or underlying ideas or algorithms of the Portal or any systems provided under the Service Agreement;
• Modify, alter, tamper with or repair any of the Portal and related systems, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing;
• Interfere or attempt to interfere in any manner with the functionality or proper working of any of the Portal or related systems;
• Remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Portal and its related systems;
• Assign, sublicense, sell, resell, lease, rent, or otherwise transfer or convey, or make commercial use of the Portal or its related system;
• Use any API for timesharing purpose or otherwise for the benefit of any person or entity;
• Use the Portal for a purpose other than its intended purpose;
• Interfere with or disrupt the integrity or performance of the Portal; or
• Attempt to gain unauthorised access to the Portal or the related systems or networks.
9.6 With the exception of the limited licence granted under clause 9.5, nothing contained in the Portal should be construed as granting any licence or right of use of any other person’s or entity’s trademark which is displayed on the Portal without their express permission.
9.7 You may not remove, change, or obscure the Karta logo or any notices of proprietary rights on any content of the Portal.
Section 10: Termination
10.1 You acknowledge and agree that:
• we may terminate your access to the Portal at any time upon 30 days’ Notice;
• we may terminate your access to the Portal, at our sole discretion, immediately by notice to you in writing if you breach these Terms or any Related Documents in any way; and
• we may limit or terminate your access if your Service Agreement is terminated.
Section 11: Applicable Law
11.1 These Terms are governed by, and construed in accordance with, the laws of the State of New South Wales and Commonwealth of Australia.
11.2 If you use the Portal from a jurisdiction outside Australia, you agree, at your own risk and cost, to ensure your compliance with any relevant applicable law.
11.3 You agree that any legal action arising from or relating to the use of the Portal is subject to the courts of the State of New South Wales, Australia.
Section 12: Contact Us
Should you have any questions or concerns regarding these Terms or our Services, or require assistance, please contact us at:
545490 Ops Pty Ltd, ABN 48 659 671 315
Attn: Support Centre – Karta Ops
Website: www.karta.com.au
Email: rewards@karta.com.au
545490 Rewards (Australia) Pty Ltd, ABN 35 702 330 667
Attn: Support Centre – Karta Rewards
Website: www.karta.com.au
Email: rewards@karta.com.au