Welcome and thank you for accessing our website (the "Website"). Use of the
Website and any services offered on the Website is governed by these terms and
conditions. Please read these terms and conditions before using the Website.
The
Website is operated by karma currency Foundation Limited ACN 124 219 129 as
trustee for the karma currency Foundation ("karma currency"), whose registered
office is at Level 1, 115 Thistethwaite Street, South Melbourne, Victoria, Australia. By
using the Website, you signify your acceptance of the terms and conditions in
consideration of which karma currency provides you with access.
karma currency
reserves the right to amend these terms and conditions at any time. Accordingly,
please continue to review the terms and conditions whenever accessing or using
the Website. Your continued access to the Website will constitute your
acceptance of any changes or revisions to the terms and conditions.
If you do
not accept the terms and conditions, you may not use the Website.
By making a
donation to karma currency, you will have the option of:
* making a direct
donation to a charity (“Direct Donation”);
* receiving a karma currency charity
gift (“Charity Gift”); or
* being issued a karma currency charity gift voucher
("Charity Gift Voucher"), which can be provided to another person (“Recipient”).
A Charity Gift allows you to choose the charitable gift that is “sent” to the
Recipient, whereas a Charity Gift Voucher allows the Recipient to choose their
own charitable gift.
You also have the option of:
* establishing a charitable gift
registry (“Charitable Gift Registry”) to which another person (“Guest”) can
contribute by making donations towards charities and projects selected by you
(“Registry Gift”); or
* using the Website’s fundraising services (“Fundraising
Services”) by becoming an authorised fundraiser (“Authorised Fundraiser”) of
karma currency and establishing a fundraising page (“Fundraising Page”).
By
making a donation to karma currency, registering a Charitable Gift Registry or
using the Fundraising Services, you agree to be bound by these Website terms and
conditions, and in the case of a Charity Gift Voucher, the
terms and conditions
of the Charity Gift Voucher.
To use the Website and make donations, create a
Charitable Gift Registry or use the Fundraising Services, you must register for
a user account by providing your name, company name (if donating on behalf of a
company), email address, and contact details and then creating a password. You
only need to register once to make a donation, and subsequent online donations
can be made by entering your registered email address and password.
DIRECT
DONATIONS
To make a Direct Donation to a charity you must complete the online
donation and ordering process, which requires you to:
* log into the Website using
a registered email address and password, either directly through the Website or
through the website of a karma currency partner;
* select the charity to which you
wish to direct your donation. As required by current tax law, while the trustee
of the karma currency Foundation will have regard to your nomination of a
charity in making donations and normally will allocate the monies donated
accordingly, it cannot be and is not bound to do so;
* select the amount of the
donation; and
* pay the total of the amount as indicated in the online order form
using a credit card.
CHARITY GIFTS
To make a donation and be provided with a
Charity Gift to be “sent” to a Recipient you must complete the online Charity
Gift donation and ordering process, which requires you to:
* log into the Website
using a registered email address and password;
* select the charity and the gift
to constitute the Charity Gift;
* provide the name and address of the Recipient to
whom the Charity Gift is to be “sent”;
* nominate whether the Charity Gift is to
be:
* delivered via email to the Recipient (in which case the email address of the
Recipient will need to be specified);
* printed out and provided to the Recipient
by you;
* pay the total of the amount (including any fees associated with the
chosen delivery method) as indicated in the online order form using a credit
card.
CHARITY GIFT VOUCHERS
To make a donation and be issued with a Charity Gift
Voucher you must complete the online Charity Gift Voucher donation and ordering
process, which requires you to:
* log into the Website using a registered email
address and password;
* select the amount of the donation which will also appear
on the Charity Gift Voucher;
* provide the name and address of the Recipient to
whom the Charity Gift Voucher is to be sent;
* nominate a default charity to which
karma currency should direct 50% of your donation in the event that the
Recipient does not select a charity within 12 months of the date of issue of the
Charity Gift Voucher. As required by current tax law, while the trustee of the
karma currency Foundation will have regard to the Recipient's nomination of a
charity or your preferred default charity (as appropriate) in making donations
and normally will allocate the monies donated accordingly, it cannot be and is
not bound to do so;
* nominate whether the Charity Gift Voucher is to be:
* delivered via email to the Recipient (in which case the email address of the
Recipient will need to be specified);
* delivered via post to the Recipient; or
* printed out and provided to the Recipient by you; pay the total of the amount
(including any fees associated with the chosen delivery method) as indicated in
the online order form using a credit card.
CHARITABLE GIFT REGISTRY
To create a
Charitable Gift Registry you must complete the Charitable Gift Registry online
registration process which requires you to:
* log into the Website using a
registered email address and password;
* enter the date of your event;
* include a
message to Guests; and
* select the charity and the projects to which you would
like Guests to donate.
After completing the registration process for your
Charitable Gift Registry, you will be issued with your own unique Gift Registry
Karma Key (“Karma Key”) and URL to provide to Guests. You will be given the
option of being able to send your Guests a customised karma currency Charitable
Gift Registry email inviting them to contribute towards your Charitable Gift
Registry (you must only send this to Guests who have consented to receive this
email), or printing out a customised sheet of karma currency Charitable Gift
Registry invitations to provide to Guests.
Guests can contribute towards your
Charitable Gift Registry by:
* accessing the Website or telephoning (03) 9686
6100;
* providing the Karma Key that corresponds to your Charitable Gift Registry;
* selecting the charity and the projects to which they would like to donate (from
those charities and projects identified by you); and
* paying the total of the
amount (including any associated fees) as indicated in the online order form, or
over the telephone, using a credit card.
FUNDRAISING SERVICES
To become an
Authorised Fundraiser and use the Fundraising Services you must:
* register for an
Authorised Fundraiser user account by providing your name, company name (if you
wish to register the company as an Authorised Fundraiser), email address and
contact details and then creating a password;
* provide details of your proposed
fundraising activity (for example a specific fun run);
* nominate a charity to
which you request karma currency to direct donations made in relation to your
fundraising activity; and
* create your own Fundraising Page within the Website.
You will only become an Authorised Fundraiser if karma currency accepts your
registration and provides you with written authorisation allowing you to
fundraise on karma currency’s behalf. Your authorisation may be subject to
conditions. karma currency may accept or reject your registration at its
discretion.
karma currency does not support anonymous fundraising activities and
your registration details will be forwarded to your nominated charity once you
have been accepted as an Authorised Fundraiser. karma currency reserves the
right to revoke your authorisation as an Authorised Fundraiser at any time, at
its discretion.
To make a donation to karma currency in relation to an
Authorised Fundraiser’s fundraising activity you must complete the online
donation and ordering process, which requires you to:
* register for a user
account by providing your name, company name (if donating on behalf of a
company), email address, contact details and then creating a password. You only
need to register once to make a donation and subsequent online donations can be
made by entering your registered email address and password;
* select the
Authorised Fundraiser you wish to support;
* select the amount of the donation;
and
* pay the total of the amount as indicated in the online order form using a
credit card.
A donation made through the Fundraising Service is not refundable,
and cannot be redeemed for cash or be exchanged for a Charity Gift Voucher.
As
required by current tax law, while the trustee of karma currency will have
regard to an Authorised Fundraiser’s preferred nomination in making donations to
participating charities and normally will allocate accordingly, it cannot be and
is not bound to do so.
Children under the age of 18 years may only use the
Fundraising Services with the consent and direct supervision of their parent or
guardian.
SUCCESSFUL DONATIONS
Your Direct Donation will only be successful when
you are provided with an online tax invoice/receipt at the last stage of the
online donation and ordering process which (i) notifies you that we have
processed your order, and (ii) provides you with an order reference number.
Your
donation will only be successful and you will only be issued with a Charity Gift
/ Charity Gift Voucher when you are provided with an online tax invoice/receipt
at the last stage of the online donation and ordering process which (i) notifies
you that we have processed your order, and (ii) provides you with an order
reference number. If you have selected email or post as the delivery method of
the Charity Gift / Charity Gift Voucher to a Recipient, karma currency will,
upon processing your order, dispatch the Charity Gift / Charity Gift Voucher to
the nominated delivery address within 14 days of the order being processed.
karma currency will not be responsible for any loss, delay or other
complications associated with the delivery of the Charity Gift / Charity Gift
Voucher to a Recipient.
A Guest’s Registry Gift will only be successful when
they are provided with an online tax invoice/receipt at the last stage of the
online donation and ordering process which (i) notifies them that we have
processed their order, and (ii) provides them with an order reference number.
Your Fundraising Service donation will only be successful when you are provided
with an online tax invoice/receipt at the last stage of the online donation and
ordering process which (i) notifies you that we have processed your order, and
(ii) provides you with an order reference number.
karma currency is an
Australian business and all donations made as part of the online donation and
ordering process will be processed in Australian dollars.
karma currency is
endorsed as a Deductible Gift Recipient (DGR). Donations of $2 or more to karma
currency (ie. by making a Direct Donation or giving a Charity Gift / Registry
Gift / Charity Gift Voucher) are tax deductible.
No person other than a person
making a donation to karma currency (ie. by making a Direct Donation, a
Fundraising Service donation, or giving a Charity Gift / Registry Gift / Charity
Gift Voucher) (“Donor”) will be entitled to a tax deduction for the donation
(including the Recipient or person who creates a Charitable Gift Registry).
As
required by current tax law, while the trustee of karma currency will have
regard to your, a Recipient's or a Guest’s (as relevant) preferred allocation in
making donations to participating charities and normally will allocate
accordingly, it cannot be and is not bound to do so.
REDEMPTION OF CHARITY GIFTS
A Recipient is not required to redeem a Charity Gift.
The Recipient will not be
entitled to claim a tax deduction for the receipt of their Charity Gift.
A
Charity Gift is not refundable, and cannot be redeemed for cash or be exchanged
for another Charity Gift.
REDEMPTION OF CHARITY GIFT VOUCHERS
A Recipient may
only redeem their Charity Gift Voucher on the Website in accordance with the
Website terms and conditions, and the
terms and conditions of the Charity Gift
Voucher.
In order to redeem a Charity Gift Voucher that has been provided to
them, a Recipient must:
* register for a user account by providing their name,
email address, contact details and then creating a password;
* input the details
of their Charity Gift Voucher into the online voucher redemption system; and
* select the charity or charities listed on the Website to which they would like
to make a donation, and the amount of the donation for each charity (if they
have selected more than one charity).
A Recipient's redemption of a Charity Gift
Voucher will only be successful when the Recipient is notified that their
redemption of the Charity Gift Voucher has been successful, A Charity Gift
Voucher is only valid for 12 months from the date of issue which is displayed
below the Unique ID number. If all or part of the amount recorded on the Charity
Gift Voucher has not been redeemed within 12 months of the date of issue, then
the amount that has not been redeemed will be given 50% to the default charity
selected by the Donor and 50% to the karma currency foundation or otherwise at
the discretion of karma currency.
The Recipient will not be entitled to claim a
tax deduction by redeeming their Charity Gift Voucher.
If the Recipient wishes
to make a donation to participating charities that exceeds the amount of the
Charity Gift Voucher, then the Recipient must pay the balance with a credit
card. In this case, the Recipient will be entitled to a tax deduction for that
additional amount (provided the additional amount is $2 or more) and karma
currency will provide a receipt to the Recipient.
A Charity Gift Voucher is not
refundable, and cannot be redeemed for cash or be exchanged for another Charity
Gift Voucher.
karma currency will not replace a Charity Gift Voucher if it is
lost or stolen.
karma currency reserves the right to cancel a Charity Gift
Voucher and/or place a stop on the Charity Gift Voucher if:
* the Charity Gift
Voucher is not accepted at the nominated delivery address;
* karma currency
believes (or reasonably suspects) that the Charity Gift Voucher is fraudulent or
that the Donor or Recipient has breached these terms and conditions;
* karma
currency believes (or reasonably suspects) that the Donor or Recipient will use
the Charity Gift Voucher for a fraudulent or unlawful purpose; or
* the Donor
reports that the Charity Gift Voucher has not been delivered, or has been stolen
or damaged.
WEBSITE USER CONDUCT
By using the Website and any services offered
on the Website you agree to be bound by the following Website user conduct
requirements:
* You must not upload to the Website any material that is offensive,
defamatory or racist, or material that breaches any law or regulation or
infringes any third party rights (including intellectual property rights);
* You
must not use the Website to misrepresent your identity or affiliation with any
organisation or person;
* You must not use the Website for any unlawful or
criminal purpose;
* You must not use the Website in any way that causes
disruption, impairment or damage to the Website;
* You must not use the Website to
send junk or spam messages or forward information to a person who has not
provided consent to receiving such information; and
* You must not use or access
any part of the Website that you are not authorised to use or access and you
must not modify, translate, sell, decompile or disassemble any part of the
Website.
karma currency reserves the right to remove any material in breach of
these user conduct requirements.
LINKS TO THE WEBSITE
The Website may contain
links to websites and may on occasion display content or information from third
party websites within frames on the Website. Websites or pages to which the
Website is linked are for information only and have not been reviewed by karma
currency. Linked third party sites are not under the control of karma currency
and karma currency has no responsibility for the content of the websites or
pages linked or linking to the Website. Existence of links to any third party
site is not an endorsement by karma currency in favour of such site or the
products or services contained in any linked site. karma currency accepts no
responsibility or liability for any losses or penalties whatsoever that may be
incurred as a result of any linking to any location on any linked websites.
EDITING AND DELETIONS
karma currency reserves the right to review, edit, alter,
move or delete any material provided for display or placed on the Website
(including material placed on a Fundraising Page), without notice.
INTELLECTUAL
PROPERTY
The Website is owned by karma currency. The Website, including (but not
limited to) text, content, software, video, music, sound, graphics, photographs,
illustrations, artwork, photographs, names, logos, trade marks, service marks
and other material ("Content") is protected by copyright, trade marks and/or
other proprietary rights. The Content may include both content owned or
controlled by karma currency and content owned or controlled by third parties
and licensed to karma currency. All individual articles, reports, and other
elements making up or included on the Website may be copyright works. You agree
to abide by all applicable copyright laws and by all additional copyright
notices or restrictions contained in the Website. Except for the purposes of
viewing the Website, you must not copy, adapt or distribute any Content unless
you have first obtained our written consent to do so.
You may not use any of
karma currency's trade marks without karma currency's prior express written
consent and you acknowledge that you have no ownership rights in and to any of
those marks.
LICENCE AND DOWNLOAD RIGHTS
You acquire no rights or licences in or
to the Website and/or the Content other than the limited right to use the
Website in accordance with these terms and conditions and to download on the
terms set out in this section. Other than as set out in these terms and
conditions you may not copy, reproduce, recompile, decompile, disassemble,
reverse engineer, distribute, publish, display, perform, modify, upload to
create derivative works from, transmit, or in any other way exploit any part of
the Website.
Download is permitted by karma currency provided only as follows:
* you make no more than one printed copy of such download and no further copies of
such printed copy are made;
* you make only personal, non-commercial use of such
download and/or printed copy; and
* you retain on such download and/or printed
copy all copyright notices and shall remain bound by the terms of such wording
and notices.
Additionally, you may not offer for sale or sell or distribute over
any other medium the Content or any part thereof. The Website and the
information contained therein may not be used to construct a database of any
kind, nor may the Website be stored (in its entirety or in any part) in
databases for access by you or any third party or to distribute any database
websites containing all or part of the Website.
PERMISSIONS
If you would like
information about obtaining karma currency's permission to use any of the
Content, please email karma currency at
info@karmacurrency.com.au.
PRIVACY AND
TRANSMISSION STATEMENT
karma currency Foundation Limited is highly sensitive to
the transmission and privacy interests of consumers and believes that the
protection of those interests is one of its most significant responsibilities.
In acknowledgment of its obligations, karma currency Foundation Limited has
adopted the following Transmission Statement and privacy Policy applicable to
information about consumers that it acquires in the course of its business:
ACQUISITION OF INFORMATION
We do not acquire any more information about consumers
than is required by law or is otherwise necessary to provide a high level of
service efficiently and securely. No record of your complete Credit Card Number
is made available to karma currency Foundation Limited.
TRANSMISSION OF DATA
All
data is acquired under 128-Bit SSL Security and customers whose internet
browsers support global 128-Bit encryption can only use our system.
RESTRICTION
OF DATA
karma currency Foundation Limited restricts its systems to those deemed
to be in low risk countries. No person or computer located within our high risk
country range has access to any karma currency Foundation Limited systems.
CUSTOMER SESSIONS
All customer sessions with the secure karma currency
Foundation Limited Merchant Servers have a 15 minute timeout feature. After this
time, the customer is required to reconnect to our system to re-gain access.
OUR
EMPLOYEES AND PRIVACY
We train all of our employees about the importance of
security and privacy. We give access to information about consumers only to
those employees who require it to perform their jobs.
SECURITY MEASURES
We make
access to privacy-sensitive information subject to rigorous procedural and
technological controls, consistent with legal requirements and the demands of
customer service.
DISCLOSURE TO THIRD PARTIES
We will provide individually
identifiable information about consumers to third parties only if we are
compelled to do so by order of a duly empowered governmental authority, we have
the express permission of the consumer, or it is necessary to process
transactions and provide our services.
PRIVACY AND OUR BUSINESS PARTNERS
When we make our technology or services available to business partners, we will
not share with them any more consumer information than is necessary, and we will
make every reasonable effort to assure, by contract or otherwise, that they use
our technology and services in a manner that is consistent with this Privacy
Policy.
For more information about the karma currency
Privacy Policy, or, if you have
questions about this policy, please send an email to
privacy@karmacurrency.com.au.
SECURITY POLICY
karma currency Foundation Limited utilises the eMatters Payment Gateway for
online credit card transactions. eMatters processes online credit card
transactions for companies in almost all industries in Australia and New
Zealand.
All online credit card transactions performed on this site using the eMatters
gateway are secured payments.
* It is fully automated with an immediate response.
* No human intervention is required to complete this credit card
transaction.
* This is far safer than providing your credit card to a waiter or a
retail sales person.
* No record of your complete Credit Card Number is made available to karma
currency Foundation Limited.
* All transactions are performed under 128 Bit Thawte SSL Certificate.
* eMatters has been certified by their processing bank.
* eMatters has been approved by many global banks.
* eMatters does not receive these funds; they are deposited directly with
karma currency Foundation Limited.
* Verified by Visa and MasterCard SecureCode enabled.
* IP Global Positioning Fraud Management Software.
* BIN checking, ensuring the cardholder is linked to the correct bank.
* eMatters is authorised to connect to 7 Australian Banks, 4 New Zealand
Bank, 1 Singapore Bank, 1 Malaysian Bank and 4 South African Banks. 17 Global
banks in total.
For more information about eMatters and secure credit card payments, please
visit
www.ematters.com.au
YOUR WARRANTY
By registering with karma currency as an Authorised Fundraiser, making a
donation to karma currency or redeeming a Charity Gift Voucher on the Website,
you represent and warrant that:
* you are 18 years of age or over, or, if you are under 18 years of age, you
have your parent's or guardian's consent to enter into these terms and
conditions and to use the credit card that is being used to make the donation
(if applicable);
* you are properly authorised to use the credit card that is being used to make
the donation (if applicable);
* all of the information you provide is accurate and complete;
* all information provided by you to karma currency generally and for the
specific purpose of being included on a personal Fundraising Page:
* is true and correct;
* is not misleading or
deceptive, defamatory or offensive;
* does not infringe a third
party’s rights (including intellectual property rights); and
* can otherwise be lawfully
published by karma currency.
You indemnify karma currency for all losses, costs, expenses or damages that
karma currency may suffer if:
* Any of the information you provide to karma currency is not correct;
* any representation or warranty proves to be untrue; or
* you breach any provision of these terms and conditions.
NO WARRANTY BY karma currency
karma currency makes no warranties or representation about any Content or
information on this Website, either express or implied, and to the fullest
extent permitted by law, excludes (and where law does not permit an exclusion,
limits to the extent permitted by law) all:
* warranties and representations about the currency, accuracy, suitability or
reliability of any content or information on the Website; and
* liability for any direct, indirect and consequential costs, losses, damages or
expenses incurred in any way (including but not limited to those arising from
negligence), connected with any use or access to the Website, or any reliance on
information contained on the Website.
The information contained on the Website is not intended to be comprehensive and
should not be relied upon.
karma currency further accepts no responsibility or liability for functions
contained on the Website and makes no warranties that the Website will operate
uninterrupted or error-free or that defects will be corrected.
karma currency does not warrant that the Website is compatible with your
computer equipment or that the Website or its server is free of errors or
viruses, worms or "Trojan horses" and karma currency is not liable for any
damage you may suffer as a result of such destructive features.
karma currency shall not be held responsible for Content provided by third
parties. karma currency is also not responsible for the reliability or continued
availability of the telephone lines and equipment you use to access the website.
Any attempt to deliberately damage the Website, or the information on the
Website, or to otherwise undermine the legitimate operation of the Website, may
be a violation of criminal and civil laws and should such an attempt be made,
whether successful or not, karma currency reserves the right to seek damages to
the fullest extent permitted by law.
LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content, is at your
own risk. If you are dissatisfied with the Website, the terms and conditions or
any or the Content, your sole remedy is to discontinue use of the Website.
If, due to technical malfunctions, a Charity Gift or Registry Gift is not
received, or a Charity Gift Voucher is not able to be redeemed, your sole
remedy, and karma currency's sole liability, will be the replacement of the
Charity Gift / Registry Gift / Charity Gift Voucher with another Charity Gift /
Registry Gift / Charity Gift Voucher (as applicable) for the same amount.
karma currency is not liable to you for any loss or damage (whether direct or
indirect) either in negligence, other tort, breach of contract, breach of
warranty or for any other reason or cause whatsoever, arising out of or in
connection with a Charity Gift, Charitable Gift Registry or Charity Gift
Voucher, these terms and conditions or your use of the Website, including any
loss or corruption of data, interference with or damage to your computer or any
interruption, delay or failure in the Website. Our liability to you (if any) in
contract, tort (including negligence), under statute or otherwise, will be
reduced by the extent (if any) to which you caused or contributed to the loss or
damage. To the extent that any liability cannot be excluded by law under this
paragraph, that liability is limited to the minimum permitted by law.
BREACH OF THESE WEBSITE TERMS AND CONDITIONS
If you breach any of these Website terms and conditions karma currency may
immediately, and without notice to you, suspend or cancel your user account
and/or your access to the Website and any services offered on the Website.
LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any
reason the publication or availability of the Website is prohibited. Persons in
any jurisdiction where such prohibitions apply must not access the Website.
karma currency does not represent that either the Website or the Content are
appropriate for use or permitted by local laws in all jurisdictions. Those who
access the Website do so on their own initiative and are responsible for
compliance with applicable local laws or regulations; legal advice should be
sought if in doubt.
This Website and its use are governed by the laws of the State of Victoria,
Australia and you irrevocably submit to the exclusive jurisdiction of the courts
in that State, in relation to any dispute relating to the Content
TERMINATION OF ACCESS TO THE SERVICE
karma currency has the right to terminate or suspend operation of the Website,
for any or no reason, without notice and without liability.
CHANGES TO THE WEBSITE
You accept that karma currency has the right to change the content or technical
specifications of any aspect of the Website at any time at karma currency's sole
discretion. You further accept that such changes may result in your being unable
to access the Website.
SEVERANCE AND WAIVER
No waiver by karma currency of any breach of any obligation arising under these
terms and conditions shall constitute a waiver of any other breach and no
failure to exercise or partial exercise by karma currency of any remedy shall
constitute a waiver of the right subsequently to exercise that or any other
remedy.