Website Use Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS FOR OUR WEBSITE BEFORE USING IT
WHO WE ARE & HOW TO CONTACT US
Erth Points, Rewards4Earth Pty Ltd (ABN 79 637 454 310) and Associated companies including ErthMarketing Pty Ltd (ABN 73 646 083 650) of 8 Jakes Way, Worongary QLD 4213, Australia.
If you wish to contact us, we can be reached in any of the following ways:
Phone: 07 5530 4492
Mail: Rewards4Earth, 8 Jakes Way, Worongary QLD 4213 Australia.
BY USING OUR WEBSITE YOU ACCEPT OUR TERMS AND CONDITIONS
By using the Erth Points website (“the Site”), you confirm you accept these terms and conditions and that you agree to comply with them at all times. If you do not agree to these terms and conditions, please do not use our Site.
We may, at our absolute discretion, amend these terms and conditions from time to time. Every time you wish to use our Site, please check to ensure you understand any and all amended terms and conditions that apply at that time.
WE MAY MAKE CHANGES TO OUR WEBSITE
We may, at our absolute discretion, update and change our Site from time to time to reflect changes to our services, products, our business and customer needs or any other reason we deem appropriate. We will try to give you reasonable notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OR RESTRICT OUR WEBSITE
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or uninterrupted. We may, at our absolute discretion, suspend or withdraw or restrict the availability of all or part of our Site for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for ensuring that all persons who access our Site via your internet connection are aware of these Terms and Conditions, other applicable Terms and Conditions and Policies and that they comply with them.
ELIGIBILITY TO USE OUR WEBSITE
We do not represent that the content available on or through our Site is appropriate for use or available in other locations and countries. If you access our Site outside of Australia, then you are responsible for compliance with the laws applicable to your accessing the Site from your location and country of domicile.
HOW YOU MAY USE MATERIAL ON OUR WEBSITE
We are the owner of all intellectual property rights on our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
DO NOT RELY ON INFORMATION ON OUR WEBSITE
This Site is provided on an “as is” and “as available” basis. Material and contents on the Site are intended to provide general information only and does not take into account any specific circumstances or factual scenarios. The material and contents on this Site are not intended to provide financial, professional or legal advice or information you should rely on. You must not rely upon them as financial, professional or legal advice. Always seek independent professional advice based on your specific circumstances as to whether the Erth Point Loyalty Program and Rewards4Earth offer are right for you.
We make no representations or warranties, express or implied, regarding the operation or availability of the Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
If our Site contains links to other sites (including advertisements and sponsored links) and/or resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us for those linked websites or information you may obtain from them. We will have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
LIMITATION OF LIABILITY
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including, without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these Terms and Conditions affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your technology to access our Site. You should use your own virus protection software.
AUSTRALIAN LAW APPLIES TO DISPUTES
These Terms and Conditions, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts in Australia will have exclusive jurisdiction.
OUR TRADEMARK IS REGISTERED
Rewards4Earth, Erth Points and all related names, logos, product and service names, designs and slogans are our trademarks or the trademarks of our affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners and are used by us under licence.
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:
in any way that violates any applicable federal state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries)
for the purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise
to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms and Conditions
to transmit, or produce the sending of, any advertising or promotional material (without our prior written consent) including “junk mail”, “chain letter” or “spam” or any other similar solicitation to impersonate or attempt to impersonate us, any of our employees, another use or any other person or entity including, without limitation, by using email addresses or screen names associated with any of the foregoing
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or our users of the Site or expose them to liability.
Additionally, you agree not to:
use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site
use any robot, spider or other automatic devices, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site
use any material process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent
use any device, software or routine that interferes with the proper working of the Site
introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful
attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site
attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise, attempt to interfere with the proper working of the Site.
We may report any of the activities above to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
OTHER TERMS AND CONDITIONS
Additional Terms and Conditions may also apply to specific portions, services or features of the Site. All additional Terms and Conditions are incorporated by this reference to these Terms and Conditions.