eKarma Terms & Conditions
By registering and\or participating in the activities of the Website, you agree to these terms and conditions.
You acknowledge that these terms and conditions constitute a legally enforceable contract between eKarma and you. If you do not accept these terms and conditions, you must not register or participate in the activities of the Website.
- The following words and phrases have the meanings given to them in these terms and conditions:
- (a) eKarma means eKarma Ventures Pty Ltd (ACN 602 625 954) trading as eKarma.
- (b) Website means the website having the domain name www.ekarma.com.au or such other domain name used by eKarma.
- (c) you means the person who is registering under these terms and conditions and, if that person is acting on behalf of a company, partnership or other organisation or entity, includes that company, partnership or other organisation or entity and (where appropriate) its employees and representatives.
- (d) Charity means the charity nominated by you on registering or, if you change the nominated charity, the charity most recently nominated by you or, if you do not nominate a charity, the charity currently nominated by eKarma as the charity of the month (or such other period as eKarma may designate).
- (e) Copyright Act means the Australian Copyright Act 1968 (Cth).
- (f) Listings means the listings of products and services offered by Partners on or through the Website.
- (g) Material means any material posted on the Website including any listing, blog, comment, written material or other subject matter posted on the Website.
- (h) Partner means a business whose Listings can be accessed through the Website.
- Where appropriate, words and phrases used in these terms and conditions have the meanings given to them in the Copyright Act. For example, communicate means make available online or electronically transmit, etc as set out in section 10 of the Copyright Act.
- On registering to use the Website, you warrant and represent that:
- (a) The information you provide to eKarma is true, complete, accurate and up to date.
- (b) You are at least 18 years old.
- You must not:
- (a) Register if you are less than 18 years old.
- (b) Divulge your password or other registration information to any other person.
- You are responsible for ensuring that the information provided by you and held by eKarma is kept up to date and is at all times true and accurate.
- You must immediately notify eKarma of any breach of security or unauthorized use of your registration. You are responsible for all Material placed on the Website using your registration and will indemnify eKarma for any loss or damage suffered as a result of such Material.
- eKarma may at any time terminate or suspend your registration at its absolute discretion.
eKarma not party to agreements between Partner and you
- Any agreement entered into between you and any Partner is between you and the Partner only. eKarma is not a party to any such agreement. eKarma is not acting as:
- (a) your agent in connection with the sale or purchase of goods or services from a Partner; or
- (b) the agent of any Partner.
- eKarma takes no responsibility for enforcing any agreement entered into by you and any Partner. eKarma will not become involved in any dispute between you and any Partner.
Responsibility for Listings
- You acknowledge that the Listings on the Website or accessed through the Website are posted by Partners and not by eKarma and that:
- (a) eKarma is not responsible for the content of Listings.
- (b) eKarma is not responsible for the goods or services provided to you by any Partner.
- (c) eKarma gives no warranties as to the goods or services offered by Partners in Listings.
Payment to eKarma and Charity
- You acknowledge and agree that, where you purchase goods or services from a Partner through the Website and the purchase is tracked by eKarma, a commission will be payable by the Partner to eKarma which commission will be split:
- (a) 50% payable to eKarma; and
- (b) 50% payable to your Charity.
- eKarma will only pay to your Charity where eKarma has itself received payment from the Partner.
- You acknowledge that all content placed on the Website is subject to Australian and international copyright laws.
- You must not reproduce, communicate or do any other act in relation to any work or other subject matter on the Website which would result in an infringement of copyright.
- In relation to your Material, you acknowledge and agree that all Material contributed by you must not infringe the copyright or other intellectual property rights of any other person.
- You warrant and represent to eKarma that:
- (a) The posting of any Material on the Website by you will not infringe the copyright, moral rights or other intellectual property rights of any other person.
- (b) You have not granted any licence to or entered into any agreement with any other person in relation to your Material which is inconsistent with the inclusion of the Material on the Website by you.
- (c) You are entitled to contribute the Material to the Website and to have the Material published on the Website.
- By making Material available on the Website, you grant to eKarma a worldwide, perpetual, transferable, non-exclusive, royalty free licence to include the Material on the Website.
- You may at any time request eKarma to remove any Material contributed by you from the Website and eKarma will comply with such a request within a reasonable period.
- eKarma retains all intellectual property rights in relation to the Website including the content of the Website provided by eKarma and all trade marks, domain names and indicia used in relation to the Website. You must not use any trade mark, domain name or other name or indicia belonging to eKarma.
Restrictions on Material
- You must not post or attempt to post any Material on the Website which contains any content which:
- (a) is defamatory;
- (b) is abusive, threatening or offensive;
- (c) is obscene;
- (d) is discriminatory or offensive in terms of race, gender, sexual preference, religious views or otherwise;
- (e) is maliciously false or which falsely denigrates any person, product or services;
- (f) breaches any obligation of confidence owed to any person;
- (g) is misleading or deceptive;
- (h) amounts to harassment, stalking or similar conduct;
- (i) would result in a contempt of court, or breach of a suppression or other court order limiting the publication of information relating to court proceedings;
- (j) is otherwise unlawful or which may give rise to legal action against you;
- (k) is in breach of any law, regulation or standard regarding the supply of goods or services by you including any law, regulation or standard which provides for the licensing or certification of suppliers of goods or services or for the certification or approval of the work carried out by you;
- (l) misrepresents your qualifications, experience or ability to carry provide goods or services;
- (m) states or implies that you are licensed, certified or approved to provide certain goods and services when you are not appropriately licensed, certified or approved.
- In using the Website, you must not:
- (a) attempt to impersonate any person;
- (b) state or imply that you represent any person, company or other entity when this is not the case;
- (c) attempt to alter or edit any material or content posted by another person or other content of the Website;
- (d) engage in spamming or other conduct involving the sending of unsolicited emails;
- (e) do anything which affects the functioning of the Website or any other website, including the use of viruses, Trojan horses or other means of analyzing, interrupting or adversely affecting the functionality of the Website or any other website;
- (f) use any automated system (including those known as a site crawler, spider or robot) to access or analyze any information or content of the Website (except where permitted by eKarma);
- (g) engage in hacking or otherwise attempt to access restricted areas of the Website or other computer systems though the Website;
- (h) attempt to access any person’s personal information held by eKarma;
- (i) attempt to disable, circumvent or otherwise interfere with the security features of the Website;
- (j) place any link on the Website or other means by which users of the Website can access other websites;
- (k) unfairly denigrate the Website or any activities engaged in by any users of the Website;
- (l) place any unauthorised Material on the Website.
- You acknowledge that some of the Material placed on the Website is contributed by users and that the opinions, views, advice and statements made in such Material are not made or provided by eKarma. eKarma is not responsible for such Material or any reliance on such material by you.
- You acknowledge that the goods or services advertised on the Website are the goods or services of Partners and not eKarma. eKarma does not endorse or provide any warranty, guarantee or assurance in relation to any Partner or any goods or services offered for sale by any Partner.
Monitoring and removal of material
- You acknowledge and agree that eKarma may at any time and at its absolute discretion remove any Material from the Website and without giving any reason for its removal.
- You acknowledge that eKarma is entitled to monitor all Material and to disclose information, including personal information, to appropriate government and other agencies where required or where it is otherwise reasonable or appropriate for such information to be disclosed (subject to eKarma’s legal obligations under privacy and other laws).
- eKarma may at any time and at its absolute discretion discontinue the Website or any part of it.
- eKarma will take reasonable precautions to protect the security of personal information provided by you.
- From time to time the Website will not be available due to maintenance or other reasons. eKarma will notify users by placing a notice on the Website.
- You will indemnify eKarma and keep eKarma indemnified against any loss or damage suffered by eKarma (including any legal costs incurred) which arises out of circumstances where you are in breach of any of these terms and conditions, including (without limitation) where a claim is brought against eKarma by any other person as a result of any breach of these terms and conditions or Material placed by you on the Website or any use of the Website by you.
- Without limiting the above, you will indemnify eKarma and keep eKarma indemnified against any loss or damage suffered by eKarma (including any legal costs incurred) arising out of any claim alleging that:
(a) Any Material posted by you infringes the copyright or other intellectual property rights of any other person;
(b) Any Material posted by you contains material or content which is prohibited pursuant to these terms and conditions.
- Except to the extent that any law or statute prohibits the exclusion, restriction or modification of any warranty, guarantee, right or remedy imposed by law, eKarma gives no warranties or guarantees and makes no representations regarding the Website or the Listings on the Website or the contents or availability of the Website or any of the Material contributed to or other content contained on the Website. Except to the extent that any law or statute prohibits the exclusion, restriction or modification of any warranty, guarantee, right or remedy imposed by law, all other warranties or guarantees are excluded.
- eKarma’s liability and your sole remedy for breach of any express warranty, or any warranty guarantee right or remedy implied or conferred by law, is limited to, at eKarma’s option, one or more of: in the case of any goods: (a) replacement of the goods or the supply of equivalent goods; (b) repair of the goods; (c) payment of the cost of replacing the goods or of acquiring equivalent goods; (d) payment of the cost of having the goods repaired; or in the case of any services (a) supplying the services again; or (b) payment of the cost of having the services supplied again.
- Except as expressly provided elsewhere in this agreement or where liability cannot be excluded or limited by operation of law, eKarma will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to dealings between you and any Partner, the sale of any goods or services by any Partner, the inclusion of your Material on the Website, Material posted on the Website by third parties or your use of the Website.
- Without limiting the generality of the above, eKarma will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of revenue, business or profits, loss resulting from business interruption, loss of business information, loss resulting from any claim by any third party or any other pecuniary loss) arising out of the supply of any goods or services by any Partner, the inclusion of your Material on the Website, the Material posted on the Website by third parties or your use of the Website, even if eKarma has been advised of the possibility of such damages.
- You acknowledge that the websites of third parties may be accessed through the Website and that eKarma has no control over such third party websites. eKarma will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to any third party website accessed through the Website.
- You acknowledge that the content and Material posted by third parties on the Website are made pursuant to these terms and conditions but that eKarma is not responsible for such content or Material. eKarma will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of the supply of any goods or services, any Material posted by third parties on the Website or any criticism, comment or other content of any third party Material which are made in relation to your Material or which are otherwise posted on the Website.
- You acknowledge that eKarma has no control over any contact which may be made with you using the Website or for any contractual or other relationship which you may enter into as a result of any contact made using the Website. Any contract or other relationship entered into by you is at your own risk. eKarma will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any contractual or other relationship entered into with any third party using the Website.
- eKarma does not make any representation or provide any advice as to the tax deductibility or otherwise of payments made to your Charity through the Website.
- If any these terms and conditions are found to be invalid or unenforceable, the balance of this agreement shall remain in full force and effect as if such terms had not been included in this agreement
- These terms and conditions are governed by and construed in accordance with the laws of Western Australia. The parties consent to the exclusive jurisdiction of the courts of Western Australia.
- eKarma may amend these terms and conditions from time to time by notice on the Website and such amended terms and conditions will apply to any future use of the Website from the date of such notice.
- All dates and times are determined by the date and time specified on the Website.
- eKarma will not be liable and all liability is excluded in relation to any event which is beyond the reasonable control of eKarma including (without limitation) any Act of God, loss of power or internet connectivity, act of terrorism, criminal act or third party conduct.