Your access to and use of the Platform requires your compliance with and agreement of these Terms. By downloading the Application or accessing and/or using any part of the Platform, you agree to be bound by this Agreement. If there is anything in this Agreement which you don’t understand, please contact us at email@example.com so we may be able to help you.
We operate the platform in accordance with these Terms which allows you to easily join Carma as a member and collect cashback and carbon reduction. Using Carma enables you to reduce your future carbon footprint and earn cashback (Carma), whether you shop, share promotions, or subscribe to the application. You are able to collect (Carma) in accordance with these Terms simply by
(1) clicking through our offers and spending in participating merchant stores (Merchants),
(2) sharing Carma to your friends
(3) Subscribing to a paid membership plan.
In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive, personal licence to use the Application and Services on the supported devices (Devices and each a Device). We reserve all other rights. You may download one copy of the Application onto your Device and access, view, use and display the Platform on the Device for your personal, non-commercial purposes only. Except as expressly set out in these Terms or as permitted by any local law, you agree:
(i) not to copy the Application or Services except where such copying is incidental to normal use of the Application, or where it is necessary for the purpose of back-up or operational security;
(ii) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application or Services;
(iii) not to make alterations to, or modifications of, the whole or any part of the Application, or permit the Application or any part of it to be combined with, or become incorporated in, any other programs;
(iv) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Application with another software program, and provided that the information obtained by you during such activities: (iv)(a) is used only for the purpose of achieving inter-operability of the Application with another software program; (iv)(b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iv)(c) is not used to create any software that is substantially similar to the Application;
(v) to keep all copies of the Application secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Applications;
(vi) to include our copyright notice on all entire and partial copies you make of the Application on any medium;
(vii) not to provide or otherwise make available the Application in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(viii) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Application or any Services (“Technology”).
By accepting these Terms you agree that all confidential information, copyright and other intellectual property rights in our Technology belong to us or the people who have licensed us to us such intellectual property rights. You acknowledge that you have no right to have access to the Application in source-code form.
Once you use the Services through the Application, you will have the ability to earn Carma in a variety of ways (as indicated in the Application). You are responsible for ensuring that Carma is properly credited, and you should check your Account regularly.You may not combine or transfer Carma with other persons and any trading of Carma (including but not limited to selling for money and/or other goods and/or other services) via any method will result in your (and any other User included) disqualification from the Platform and forfeiture of all Carma in your (and their) account. We reserve the right to change, add or remove the methods by which users can earn Carma and redeem Cashback, for any reason and without notice to you, at our sole discretion and at any time. If you believe that any Carma was not properly accrued to your Account, please notify us by using the “firstname.lastname@example.org” within 30 days of when you think the error occurred. Please allow 30 days for any claims to be researched and corrected as needed. Our determination will be final. Unfortunately, we cannot guarantee that Carma you believe should have been accrued can be credited to you later, if we cannot determine the action you took on the Application or at a participating Merchant’s store or website (including social media sites). Among other reasons, technical problems with a scanning system or verification of transaction information may result in your action not being detected or verified accurately by the Application. While we try to prevent that from happening, neither we nor our affiliates and/or business partners can be held liable for your inability to accrue Carma in such an event. We do not accept any responsibility or liability for any loss or damage you may incur:for any loss of revenue, business, anticipated savings or profits;any indirect, special or consequential loss, damage or other claims, howsoever caused or arising;resulting from any transaction via the site with any retailer;in connection with the accuracy or content of any reviews of products or services displayed on our Site or on any other website that you may access via our Site;arising from an inability to access our site, from any use of the site or from reliance on the data transmitted using the Site where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet;Where we are found to be liable to you, our total liability (regardless of how many claims are brought) shall be the total value of any Cashback you received during the previous 12 month period from when a claim is brought. In the event we do not receive the expected commission for a transaction for whatever reason, we will not be liable to pay the relevant Cashback to you.
Our Carma When You Shop program lets you associate one bank account with your Account using the Application, so you can be eligible to withdraw cashback when qualifying for purchases (“Cashback”). If you choose to associate a Bank with your Account, we will direct you to a secure site operated by Carma, where you will be required to provide your Bank information. When You Shop by enabling redemption of offers from participating Merchants, sharing return information with participating Merchants to enable us to validate offer eligibility, award Points and/or Rewards and provide aggregated and anonymised reporting to the applicable participating Merchants, and for no other purpose. Once you have associated a Bank with Carma When You Shop, you may remove the association at any time through the Application. You may only associate a Bank with your Account if you are a registered user of the Application. Cashback may not be used until a certain time period (for example, for statutory and other return policies associated with that participating Merchant) has expired. Typically this is between 30 and 45 days (or other statutory or other limits or expiries placed on the specific goods or services from time to time). If you make a return, the transaction is invalidated, disputed, or does not settle for any reason, then some or all pending cashback will be removed from your Account, as determined and at our sole discretion. If you make a return for cash, store credit or credit to a different credit card, we may still need to take away some or all of your pending cashback accordingly.Carma is provided “as is” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement.
The use of the Services and the Application is currently made available to users free of charge; however, while it is not currently intended, we reserve the right to charge a fee for using the Application and associated Services at any time. If we begin charging a fee for your continued access to the Application and associated Services, we will aim to give you at least 14 days prior notice so you can opt out of the Services and uninstall the Application. If you choose to opt out of the Services, we may forfeit any or all Points and/or Rewards in your Account after the prior notice period.
In addition to the other requirements within these Terms, this section describes specific rules that apply to your use of the Application and the associated Services (“ Rules of Acceptable Use”). When using the Application and associated services you must not:circumvent, disable or otherwise interfere with any security related features of the Application or Services that prevent or restrict use or copying of the content accessible via the Platform;use the Application or any Services if we have suspended or banned you from using it;create more than one Account on the Application (however, you may connect all your social networks’ accounts, that we support, to your Account on the Application), give any false or misleading information in your Account details, impersonate any other person, misrepresent your identity, or falsely give the impression that your User Content comes from someone else;modify, interfere, intercept, disrupt or hack the Application or Services, misuse the Application or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which would harm the Application or any of the Services or any user of the Application or Service’s own equipment, send any junk, spam or repetitive messages, collect any data from the Application and Services other than in accordance with these Terms, or engage in any illegal or unlawful conduct;misuse the Application or Services to increase the number of Carma you have (or any other user has) obtained or otherwise seek to alter your (or any other user’s) eligibility for any such Carma or unfairly or unlawfully interfere with, distort, undermine or manipulate the figures, ultimately leading to the collection and application of the Carma (Cashback When You Shop, CO2 reduction when You Share or other) or Carma system;submit or contribute any User Content (including comments and descriptions) that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties or submit or contribute any information or commentary about another person without that person’s permission.Failure to comply with these Rules of Acceptable Use constitutes a serious breach of this Agreement/these Terms, and may result in us, the Merchant’s and/or the Network Provider’s taking all or any of the following actions (with or without notice):the forfeiting of any Carma awarded to you;immediate, temporary or permanent withdrawal of your right to use the Application;immediate, temporary or permanent removal of any User Content;issuing of a warning to you;legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;disclosure of such information to law enforcement authorities as we reasonably feel is necessary.These responses detailed above are not limited, and we and such other parties may take any other action we reasonably deem appropriate.
WE MAY DEEM YOUR ACCOUNT INACTIVE IF YOU HAVE NOT ACTIVELY USED THE APPLICATION FOR 365 DAYS OR MORE. ONCE YOUR ACCOUNT IS DEEMED INACTIVE, ANY OR ALL REWARDS AND/OR PENDING REWARDS WITHIN YOUR ACCOUNT MAY BE FORFEITED AT ANY TIME, WITHOUT NOTICE AND AT OUR SOLE DISCRETION, AND WE MAY TERMINATE THE ACCOUNT.
You may terminate your Account at any time and for any reason by deleting your Account or by sending us an email notice with the subject line “please cancel my Carma membership” to email@example.com and requesting to be removed from the Platform. By cancelling your membership, the account registered to you will be terminated and may no longer be accessible, and all Carma will immediately be forfeited. Any termination request will be handled within 30 days of receipt of such a request by us. Any suspension, termination or cancellation will not affect your obligations to us under this Agreement and these Terms (including but not limited to ownership, indemnification and limitation of liability), which are intended to survive such suspension, termination or cancellation. We may immediately terminate your Account or suspend your access to the Application and associated Services and remove any material (including any User Content provided by you) from the Services or our servers, in the event that you breach these Terms or for any other improper conduct, at our sole discretion and without prior notice to you. As a result of any such termination, we may disqualify you from future participation in our programs and services (whether at present available or in the future). We also reserve the right to terminate your Account or suspend your access to the Application and associated Services at any time and for any reason, including but not limited to the need to conduct maintenance or if we discontinue any part of the Services. Upon termination, all licences and other rights granted to you under these Terms will immediately cease, and you will forfeit all Rewards accrued. We will not be liable to you or any other person for termination of your Account or suspension of your access to the Services. Upon any termination or suspension, any information (including User Content) that you have submitted to the Services may no longer be accessed by you to the extent permitted by applicable law. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person unless it is required to be provided in accordance with all and any applicable laws or regulations.
The Application and associated Services may contain content or services provided by third parties and/or links to third party services, websites or resources. We are not responsible or liable for the availability, accuracy, functionality, adherence to third party policies or our policies, or the legality of, and we do not endorse, such websites, services or resources or the content, products, or services on or available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites, services or resources.
Commentary and other materials posted on our application are not intended to amount to advice on which reliance should be placed. We therefore DISCLAIM all liability and responsibility arising from any reliance placed on such materials by any visitor to our application, or by anyone who may be informed of any of its contents. We will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other users of our application.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our application and associated Services, you accept that communication will be mainly electronic. We will contact you by e-mail, text message (SMS) or provide you with information by posting notices on our application. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Your use of the Platform is at your sole discretion and risk. We will not be responsible (to the extent we are able to do so by law), for any harm to your computer or Device, loss of data, personal injury, property damage, or other harm that results from your use of the Services and/or Application. Due to the nature of the Internet and technology, the Services are provided on an “as available” and “as is” basis, and as such we do not make any warranties or promises: (i) regarding the security, accuracy, reliability, timeliness, and performance of the Services; or (ii) that the Services and/or Application will be error-free or that any errors will be corrected. We will not be liable, and you are solely responsible, for any access or usage charges charged by your wireless carrier/Network Provider related to any Device that you use to access or use the Application or Services. We are not responsible for (i) incorrect or inaccurate transcription of information, (ii) problems related to any of the equipment or software associated with the Services or Application or used by you, (iii) human error outside our reasonable control, (iv) any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission, or (v) problems relating to inability to access an Application or the Services. We DISCLAIM (to the maximum extent permitted by applicable law) all liability for any technical failures or errors of, on, or connected to the Services and/or Application, including but not limited to Push Messages and Notifications sent erroneously due to technical failures or errors. We will use reasonable efforts to correct any such failures within a reasonable period upon discovering them or being informed about them. If you think you have received Push Messages or Notifications in error or experienced other technical failures, please contact us immediately.
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable), fraud or fraudulent misrepresentation. any other matter in respect of which it would be unlawful pursuant to English Law for us to exclude or restrict liability. In addition, we will never be responsible for any loss and/or damage which is not reasonably foreseeable. If you would like information about your legal rights, you should contact your local trading standards or citizens advice bureau.
You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation all reasonable legal fees and costs, arising out of or in any way connected with (i) your access to or use of the Application or Services; (ii) your breach of this Agreement and/or your breach/violation of these Terms, including without limitation any representations made herein; or (iii) your breach/violation of any third party right, including without limitation any intellectual property right, or publicity, confidentiality, property or privacy right.
We may revise these Terms from time to time, but the most current version will always be at:https://www.carma.earth/terms
If you have a dispute with us relating to this Agreement, the Application and/or associated Services, then, in the first instance, please contact us at firstname.lastname@example.org and we will attempt to resolve the dispute informally and within a reasonable timeframe. In the unlikely event that we are not been able to resolve a dispute informally within a reasonable timeframe, we will discuss and agree with you the most effective way of resolving the dispute, and further, before any legal action is taken, we urge you to comply with any and all Pre-Action Protocols to save time, effort and ultimate cost/loss.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (iv) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (v) impossibility of the use of public or private telecommunications networks; (vi) the acts, decrees, legislation, regulations or restrictions of any government; and (vii) pandemic or epidemic. Our performance of obligations is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail to insist upon strict performance of any of your obligations under this Agreement or these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions of this Agreement or these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
This Agreement and these Terms and any dispute or claim arising out of or in connection with this Agreement and these Terms or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Agreement or Terms or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.Contact, Feedback and Complaints In all instances please use the details and contact information available at https://www.carma.earth
You should print a copy of these Terms for future reference. You will be deemed to accept these Terms on completion of the creation of an Account. Please understand that if, at any time, you refuse to accept these Terms, you will not be able to use the Application or any associated Services.