RAMP Rewards Terms and Conditions

RAMP Rewards (RAMP) offers, amongst other things, RAMP Cash (RAMP Cash 1 = AUD 1) to account holders for purchases made at RAMPs partner retailers through RAMP's various platforms including, but not limited to, its website and mobile applications (RAMP Platforms). The use of the services (the "Services") offered on the RAMP Platforms and accounts maintained with RAMP shall be subject to these terms and conditions (the "Agreement"). This Agreement constitutes a legally binding agreement between each individual who uses the Services or who maintains an account with RAMP. By using any of the Services or maintaining an account with RAMP, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms. RAMP may modify this Agreement at any time, with or without notice, and your continued use of the Services or continued maintenance of an account with RAMP shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.

Service Licence

Subject to this Agreement, RAMP hereby grants you a revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and use the RAMP Platforms and the Services solely for your personal use. You agree that you obtain no rights other than the rights and licenses expressly granted under this Agreement. RAMP reserves the right to change, upgrade or discontinue any or all of the Services or the RAMP Platforms or any feature of the Services, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by RAMP and its licensors.

MY RAMP Account

Several of the Services require the user to maintain an account with RAMP. This account is created free of charge by providing the relevant details requested for. Use of the account and the Services (including the opportunity to earn RAMP Cash) are offered at the sole discretion of RAMP and subject to you complying with this Agreement.

An individual shall not create or maintain multiple RAMP accounts. In particular:

(a) A mobile number may only be linked to only one RAMP account;
(b) Each payment account (e.g. each bank account; each PayPal account) may only be linked to one RAMP account.

Failure to abide by the terms and conditions, any fraudulent use or abuse relating to RAMP cash may result in your RAMP account being flagged for suspicious activity and suspended or terminated and any RAMP Cash accumulated being forfeited. In the instance of any misrepresentation of any information furnished to RAMP or its affiliates the account would similarly be terminated.

The account holder is responsible for regularly checking the account to ensure RAMP Cash has been properly credited and that the balance is up to date. You must notify RAMP of any omissions, or discrepancies concerning any transaction within 30 days following a transaction. RAMP reserves the right not to correct any omissions, incorrect entries or discrepancies brought to its attention after the 30-day period.

Earning RAMP Cash

RAMP offers the opportunity to earn RAMP Cash on purchases made at our multiple partner retailers through various RAMP Platforms. Creating and maintaining an account with RAMP is necessary before a user can begin earning RAMP Cash. Crediting of RAMP Cash is also subject to the various terms, conditions and requirements, express or implied, associated with the crediting of RAMP Cash in general or terms, condition and requirements associated with the individual promotions that would be applicable. These terms, conditions and requirements include but are not limited to:-

(a) Requiring the user to have cookies enabled when accessing the RAMP Platforms and subsequently the partner retailer's website;
(b) Not opening a separate tab or browser while accessing the RAMP Platforms and subsequently the partner retailer's website;
(c) Ensuring that after being redirected to the partner retailer's website, the user completes the transaction before proceeding to any other websites;
(d) Completing the purchase on the retailer's website within the necessary period of time;
(e) Not engaging in any dishonest or fraudulent conduct and/or abiding by the terms of this Agreement or any other terms and conditions stipulated by RAMP or the applicable partner retailers;

Also noting, certain purchases may be excluded from RAMP Cash. In general, RAMP Cash is earned on net purchase amount which excludes shipping and handling. However, RAMP Cash amounts and exclusions will vary across our partner retailers and individual promotions may contain specific exclusions. These exclusions are subject to change without notice, and RAMP hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions. Examples of typical exclusions include (but are not limited to):

(a) RAMP Cash not being eligible when purchasing promotional items or using other discount codes, coupons or other promotions;
(b) RAMP Cash only being eligible when the transaction is completed using specified payment methods;
(c) Different tiers of eligible RAMP Cash for different users based on their Status with RAMP (e.g. RAMP Purple, Silver, Gold, Elite.)

Reimbursements, Bonuses and Deductions

RAMP reserves the right from time to make Reimbursements, Bonuses and deductions to and from the balance in a user's account where it is necessary, reasonable, or expedient to do so. This includes (but is not limited to) situations where RAMP Cash has been incorrectly credited into a user's account and/or where a user is found to have acted fraudulently, dishonestly, or in contravention of the terms of this Agreement.

Redeeming RAMP Cash

You may redeem your RAMP Cash at any time subject to the terms and conditions of this Agreement or the specific conditions that relate to individual entries in your account. You must have accumulated RAMP Cash relating to a dollar value more than or equal to the minimum redeemable amount indicated and communicated from time to time. In order to redeem your RAMP Back, you must maintain an active account and provide the minimum relevant information required to process the redemption (e.g. a valid bank account number or a Paypal account). For security purposes, redemption of RAMP Cash is limited to AUD500 per 24h period.

RAMP Cash Nature

You do not gain any proprietary right over any monies or assets held by RAMP when you earn RAMP Cash in your account. The RAMP Cash accrued in your account does not constitute monies held in trust by RAMP for your benefit. Your rights and entitlements are solely limited to the personal or contractual rights of repayment as arising from this Agreement.

Engagement Status Points (ESP)

RAMP provides ESP for performing certain actions throughout the platforms (Such as but not limited to, adding new friends, sharing retailers and promotions, donating to charities, completing surveys). These actions will ensure higher status achievements and will ensure higher RAMP Cash earned. The terms and conditions accompanying these actions will govern your status and therefore the RAMP Cash earned and paid. You are prohibited to deliberately complete bogus or fraudulent information to inflate your ESP and therefore your status and the associated RAMP Cash earned.

Partner Retailers Policies

Any products or services purchased from any partner retailers, whether through RAMP or otherwise, is governed by and subject to the applicable partner retailers' policies and terms and conditions, including but not limited to any returns, cancellations, exchanges, and shipping policies. You agree that we are not agents of any partner retailers and that the partner retailers operate independently and not under our control. Correspondingly, any involvement in offers or promotions or correspondence with, any partner retailers is solely between you and that partner retailers. We have no liability, obligation or responsibility for any correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. RAMP is not responsible for changes to, or removal of any partner retailers from any of RAMPs platforms or the termination of any promotion offered by any partner retailers on any of RAMPs platforms, or for any effect on accrual of RAMP Cash caused by such changes, discontinuance, or withdrawal. RAMP assumes no responsibility and is not liable for any content, product or services on the retailer's platforms (including but not limited to the quality, saleability or fitness of products or services or that such content, product and/or services does not contravene any laws or regulations).

Protection of Personal Data

Personal Data collected is subject to our Privacy Policy, which is hereby incorporated by reference, and copy of which is found on RAMP's website.

Account Termination

The RAMP Cash accumulated in your RAMP account will expire if your account remains inactive (i.e. no successful transactions are made through RAMP) for a period greater than a year. RAMP reserves the right to suspend or terminate your account if it becomes necessary or reasonable in order to comply or satisfy any regulations, laws or court orders.

Taxes

You are responsible for any and all taxes that may apply to amounts earned from cashback you have redeemed. RAMP makes no representation as to the tax treatment of such amounts.

Fraud

RAMP may suspend or terminate your account if there is any reason to believe involvement in any fraudulent or dishonest activities. Failure to comply with this Agreement or any fraud, dishonesty or abuse relating to the use of the services or your account, or any misrepresentation of any information furnished to RAMP or its partner retailerss by you or anyone acting on your behalf may result in the termination of your account and forfeiture of your accrued RAMP Cash.

Communication

By becoming a RAMP user, you agree to receive communications that are account and user related (e.g. that we've added RAMP Cash to your account, that we have paid out money to your bank account) as well as and not limited to requests, messages and shared offers from friends. Including emails related to special deals available to RAMP users. We may communicate with you regarding your account by electronic communications or direct mail using the information you provide during the registration process. Your consent to receive electronic communications including any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us appraised of your current e-mail address should that email change after the date you become a Member. We may also send you notifications and push notifications if you install the mobile application.

Ownership

All rights, title, and interest in the Services, the RAMP Platforms and the Content associated with or on the same belong to RAMP or its licensors. Additionally, RAMP shall maintain all rights, title, and interest in RAMP, the RAMP logo, and any other marks, service marks, trademarks, or logos of RAMP (the "RAMP Marks") that are registered in Australia and other countries. The RAMP Marks may not be used in connection with any non-RAMP product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RAMP. You shall not by any means bid on, apply for, register, own or control any keywords or marks containing "RAMP Rewards" or anything substantially similar to "RAMP Rewards" or any other RAMP Mark including, without limitation, ramprewards.com, ramprewrds.io and shopback.com.au with any search engine, domain service provider or any intellectual property office whatsoever. You shall not mention or use RAMP in any ad text, extension, or banner ad without express written consent of RAMP. All other trademarks not owned by RAMP Rewards that are used in providing the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RAMP Rewards.

RAMP Standards

By creating a RAMP account, you are becoming a member of a community that depends on the goodwill and responsible behaviour of all of our users. Users are required to refrain from communication or transmission of images or text constituting ethnic slurs, sexually explicit material, inflammatory or derogatory comments obscenities, or anything else that may be seen as harassing or offensive, which is targeted at the Services, the RAMP Platforms, our employees, contractors or agents, our partner retailers, or other users. This includes communication by means of social media or other internet posts which violate the above standards or promote or encourage fraudulent behaviour. Users who violate this provision, as determined by us at our discretion, may have their accounts suspended or terminated without notice.

Third Party Rights

A person who is not a party to this Agreement has no right to enforce any terms of this Agreement.

Indemnification

You agree to indemnify RAMP, any partner retailers, together with their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including legal fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defence and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defence and settlement of any matter subject to indemnification by you.

Warranty Disclaimer

The Services, content, and the RAMP Platforms are provided "as is" and without warranty of any kind, express or implied, including without limitation, warranties of title, saleability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, recentness, completeness, reliability or validity of the Services, content or the RAMP Platforms, including without limitation, any product search results, pricing information advice, opinion, statement, recommendations product descriptions, product availability, or other information displayed, distributed or uploaded in connection with the Services. RAMP does not warrant that the functionality of the RAMP Platforms will be continuously uninterrupted or error-free, that faults will be corrected, or that they will be free of viruses or other harmful content. Further, RAMP does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any products or services offered or provided by its affiliate stores in conjunction with the services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall RAMP be liable for any special, incidental, consequential, exemplary, punitive or other indirect damages or for any loss profits, loss data or loss of use damages, even if it has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, RAMP's maximum aggregate liability arising out of this agreement will not exceed AUD$100.

Arbitration and Law

This Agreement, including any amendments that RAMP may from time to time make at its discretion, are governed by and read in accordance with the laws of Australia. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Australian Centre for International Commercial Arbitration ("ACICA") in accordance with the Arbitration Rules of the Australian Centre for International Commercial Arbitration ("ACICA Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Australia. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. You agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation, and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.

Waivers / Severability

Any failure to enforce any provision of this Agreement on the part of RAMP will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by RAMP on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.

Assignment

You may not assign your rights and obligations under this Agreement, in whole or in part, without prior written consent, and any such assignment without such consent will be null and void.

Headings

Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

Entire Agreement

This Agreement (together with the additional terms and conditions referred to or generally) represents the entire agreement of the parties with respect to the subject matter, and supersedes all prior agreements and representations, written or oral (including without limitation, earlier version of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your continued use of any of the RAMP services or continued maintenance of an account with RAMP shall be deemed to be your acceptance of such modification and you consent to abide by any terms detailed.

Last Updated: 01/10/2020