Terms & Conditions
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Feb 13, 2023
1. Introduction
Welcome to RewardSplash, a service provided by Splash Tech Pty Ltd (ABN 85 665 693 069). RewardSplash offers its account holders the unique opportunity to earn Splash Coins as a bonus for purchases made at our partnered merchants through the RewardSplash Platform. Additionally, account holders can access exclusive discounts and special offers from various businesses, enhancing their shopping experience.
By creating an account and accessing our platform, users signify their acceptance of these terms. It's essential to be aware that these terms are subject to change. We encourage users to periodically review this page for the latest information on our practices.
Splash Coins are provided as part of a loyalty scheme under the ASIC Corporations (Non-cash Payment Facilities) Instrument 2016/211. This scheme primarily promotes the purchase of goods or services from RewardSplash or its associated merchant partners. Users are allocated Splash Coins due to their purchases, which can be used for payments, part payments, or to obtain other benefits. Please note that this loyalty scheme is not considered a financial product as per Chapter 7 of the Act.
2. Definitions
In this Agreement, unless the context otherwise requires:
Splash Coins refers to the unique reward system offered by RewardSplash, which can be earned by users through various activities and transactions on the RewardSplash Platform. Splash Coins can be used for subsequent purchases or redeemed as per the terms set out in this Agreement.
Splash Credits are pre-purchased credits by users or given to users from time to time for promotional purposes. Splash Credits are issued for a set amount of value and each Splash Credit card issued can only be used once during a transaction with a merchant. Any remaining value on a Splash Credit used during a transaction is forfeited.
Merchant Credits are credits provided by our merchant partners, which can be used for purchases only at specific merchants. Merchant Credits cannot be converted into Splash Credits or Splash Coins as per the terms set out in this Agreement.
RewardSplash Platform denotes the mobile application, website, merchant portal and other related application operated by RewardSplash where users can make purchases, earn Splash Coins, and interact with our merchant partners and merchants can view and administrate their business listing.
Merchant Partners refers to third-party businesses that have partnered with RewardSplash to offer products, services, and rewards to users of the RewardSplash Platform.
3. Eligibility and Registration
Eligibility
To use the RewardSplash Platform, there are no specific age or location-based requirements. However, users must be able to legally enter into contracts under applicable laws to accept these terms and use our services.
Registration Process
To register for an account with RewardSplash, users must provide a valid Australian mobile number, which will undergo verification through an SMS process. Additionally, during the sign-up phase, users are required to furnish basic details, including their name and email address.
Account Restrictions
Each mobile number can only be linked to one RewardSplash account and can be used for verification once.
Users are limited to one account with RewardSplash.
Each payment account (e.g., bank account) can only be associated with one RewardSplash account.
Account Integrity
We take the integrity of our platform seriously. Any indications of false information provided, fraud, abuse, or any other violations of these terms may result in the suspension or termination of the user's account. In such cases, any accumulated Splash Coins may be forfeited. We reserve the right to monitor accounts for suspicious activity and take necessary actions to maintain the platform's integrity.
By creating an account, users agree to these terms and any other conditions that might be imposed during the registration process or thereafter.
4. Service License
Grant of License
Subject to this Agreement, RewardSplash hereby grants users a revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and use the RewardSplash Platform and the Services solely for personal use. Users acknowledge that they obtain no rights other than the rights and licenses expressly granted in this Agreement.
RewardSplash reserves the right to change, upgrade, or discontinue any or all of the Services or the RewardSplash Platform, or any feature of the Services or the RewardSplash Platform, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by RewardSplash and its licensors.
Prohibited Actions
Users are strictly prohibited from engaging in any financially fraudulent activities on the RewardSplash Platform.
Once a user has created an account with RewardSplash, they are bound to that account and are not permitted to create another. Any issues or concerns with an existing account must be addressed and resolved directly with RewardSplash. Attempts to circumvent this rule by creating additional accounts will be considered a violation of our terms and may result in account suspension or termination.
Users are not allowed to reproduce, distribute, or otherwise use any content from the RewardSplash Platform without express written permission from RewardSplash.
By accessing and using the RewardSplash Platform, users agree to abide by these terms and any other conditions that might be imposed during their engagement with our services.
5. RewardSplash Account
Account Creation
To create an account with RewardSplash, users are required to provide their mobile number, first name, last name, and email address. Additional optional information such as birthdate and gender can also be supplied, though it is not mandatory for account creation.
Account Security
Users are solely responsible for the security of their RewardSplash account. While there is no password requirement, access to the RewardSplash application is strictly tied to the registered mobile number on the mobile device where the application is installed. If a user no longer possesses the mobile number or the device on which the application is installed, it is their responsibility to log out of the application and delete it from the device. For any changes to the mobile number associated with their account, users can contact the RewardSplash support team at support@rewardsplash.com.
Account Inactivity
RewardSplash values the engagement of its users. However, in cases where an account remains dormant or inactive for a period of 12 months or more, RewardSplash reserves the right to close such accounts. Closure of an account due to inactivity will result in the forfeiture of all accumulated Splash Coins and Credits associated with that account.
6. Earning and Using Splash Coins
Earning Splash Coins
Users can earn Splash Coins by making purchases with our affiliated merchant partners. The rate at which Splash Coins are earned varies from one merchant to another, as determined by the respective merchant. It's essential for users to be aware that some merchants may set specific terms and conditions, such as a minimum spend requirement, certain exclusions, or caps on the maximum amount of Splash Coins that can be earned during a single transaction.
Release of Splash Coins
The time frame for the release of earned Splash Coins is not uniform across all merchants. On average, Splash Coins are released within 24 hours of a purchase. However, for larger purchases or those where the merchant's refund policy needs to be taken into account, the release of Splash Coins can take up to 30 days.
Redeeming and Using Splash Coins
Once released, users can utilize their Splash Coins during the checkout process in subsequent transactions. Occasionally, RewardSplash may offer users the opportunity to purchase Splash Credits using their Splash Coins. It's important to note that Splash Coins cannot be directly purchased; they can only be earned through transactions or via specific promotions run by RewardSplash. When users wish to use their Splash Coins during checkout, they can activate the "use Splash Coins" toggle. This action will automatically deduct the available Splash Coins from the total amount due, without the option to specify the exact amount of Splash Coins to use.
Splash Coins Exclusivity
Splash Coins are exclusive to the RewardSplash platform. They cannot be transferred, redeemed, or utilized outside of it. Additionally, Splash Coins cannot be transferred between users. They are strictly tied to the user and the account that earned them, ensuring that only the rightful owner can redeem them. They hold no intrinsic value outside of the RewardSplash ecosystem and are considered loyalty tokens solely meant to enhance the user experience within the platform.
Splash Coins Expiration
Splash Coins accrued in your RewardSplash account are subject to expiration under certain conditions. If your account remains inactive for a continuous period of 12 months, any accumulated Splash Coins will automatically expire and be removed from your account balance. Additionally, should your account be terminated, closed, or deleted for any reason, either by you or by RewardSplash, all remaining Splash Coins in the account will be immediately forfeited and cannot be reclaimed or redeemed. We encourage users to regularly engage with the RewardSplash platform to ensure the validity of their Splash Coins and to periodically check their account balance and expiration dates.
7. Splash Credits, Merchant Credits, and Discounts
Splash Credits
Splash Credits can either be pre-purchased by users or awarded for promotional purposes. Each Splash Credit card issued has a set value and can only be used once during a transaction with a merchant. If a Splash Credit card is used during a transaction and its full value isn't exhausted, any remaining value on that card is forfeited. Splash Credits are subject to expiry, cancellation
Merchant Credits
Merchant Credits are provided by our merchant partners and are specifically designed for purchases at the respective merchant's outlets or platforms. Unlike Splash Credits or Splash Coins, Merchant Credits cannot be converted or interchanged. They are strictly for use with the issuing merchant and are bound by the terms set out in this Agreement.
Restrictions
Both Splash Credits and Merchant Credits come with specific restrictions to ensure fair usage and maintain the platform's integrity. These credits:
Cannot be transferred between users.
Are tied to the user account that received or purchased them.
Cannot be exchanged for cash or any other form of credit outside of the RewardSplash platform.
Must be used in accordance with the specific terms and conditions set by RewardSplash or the issuing merchant partner.
Expiration, Cancellation, and Voiding of Credits and Discounts
All Splash Credits, Merchant Credits, and Discounts issued to users on the RewardSplash platform are subject to specific terms of validity. They may expire after a predetermined period, which will be communicated at the time of issuance or promotion. RewardSplash reserves the right to cancel or void any Splash Credits, Merchant Credits, or Discounts if they are found to have been issued incorrectly, fraudulently, or in error. Furthermore, at the sole discretion of RewardSplash, any credits or discounts may be revoked or adjusted if deemed necessary for the platform's integrity or to correct any discrepancies. Users are advised to regularly check the validity and terms associated with their credits and discounts to ensure proper utilization.
By using these credits, users agree to abide by the stipulated terms and any other conditions that might be imposed during their usage.
8. Merchant Partner Policies
Selection and Vetting of Merchant Partners
RewardSplash is committed to ensuring a high-quality experience for our users. All our merchant partners are required to be registered with an Australian Business Number (ABN), which we verify before they are allowed to go live on our platform.
Interactions with Merchant PartnersAny products or services purchased from any merchant partner, whether through RewardSplash or otherwise, are governed by and subject to the applicable merchant partner’s policies and terms and conditions. This includes, but is not limited to, return, cancellation, exchange, and shipping policies. Users should be aware that we are not agents of any merchant partner and that these merchant partners operate independently and are not under our control.
Your interactions, correspondence, or business dealings with merchant partners found on or through our platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the respective merchant partner. RewardSplash is not responsible for any changes to, or discontinuance of any merchant partner from our platform, or for the termination of any promotion offered by any merchant partner on our platform. We also do not assume any responsibility for the quality, merchantability, fitness, or any other aspect of the products or services provided by the merchant.
RewardSplash is solely a facilitator of payments and rewards earned from transactions. We do not have any involvement or influence over the products or services provided by our merchant partners. As such, users are encouraged to carefully review the policies of merchant partners before making a purchase.
Refunds and Impact on Splash Coins
In the event of a refund or return of any transaction with our merchant partners, any Splash Coins that were earned as a result of that transaction will be voided or retrieved from the user's account. It's essential for users to understand that the refund process for any transaction is to be initiated and managed directly with the merchant from whom the purchase was made. RewardSplash does not handle or process refunds on behalf of our merchant partners. Users should reach out directly to the respective merchant for any refund requests or issues related to their purchase.
9. Personal Data Protection
Collection and Storage of User Data
RewardSplash is committed to protecting the privacy of our users. We collect and store user data in accordance with our Privacy Policy, which outlines the types of personal information we collect, how we use it, and the choices users have regarding our use of their information. The data we collect is essential for providing our services and enhancing user experience.
Third-Party Data Processing
While we handle most of the user data internally, we do partner with third-party service providers for specific functionalities. Stripe, a global leader in online payment processing, manages our payment processes. Additionally, we use Amazon Web Services (AWS) for secure data storage and cloud services. Both Stripe and AWS are renowned for their stringent security measures and compliance standards.
User Data Access and Deletion
Users have the right to access their data and request its deletion. If you wish to access your data, you can do so through your account on the RewardSplash platform. For data deletion, users must opt for the "Delete Account" feature available under the Account Profile section in the Application. Upon confirming the deletion, all personal data associated with the account will either be permanently deleted or undergo a de-identification process within 30 days. It's crucial to understand that once this action is initiated, it is permanent and irreversible.
More detailed information can be found in our Privacy Policy.
10. Bonuses and Promotions
Frequency of Bonuses and Promotions
RewardSplash offers bonuses and promotions to its users from time to time. One of our consistent offerings is the Splash Coin bonuses, which are provided on every transaction. The rate at which these Splash Coins are given is determined individually by each merchant.
Conditions and Restrictions
While we strive to provide a variety of promotions to benefit our users, it's essential to note that each promotion or bonus may come with its own set of terms and conditions. Users are encouraged to read and understand these terms before participating in any promotional activity. This ensures clarity and prevents any misunderstandings regarding the rewards or benefits associated with the promotion.
11. Taxes
Withholding Taxes
RewardSplash does not withhold any taxes from user earnings or rewards. It is the responsibility of the user to understand and manage their tax obligations related to any earnings or rewards received from RewardSplash.
Tax Documentation
RewardSplash does not provide users with any tax documentation. Again, users are responsible for understanding and managing their tax obligations and should consult with a tax professional or the Australian Taxation Office for guidance.
12. Fraud and Misuse
Detection and Handling
RewardSplash employs a combination of tools, systems, and processes to monitor and detect fraudulent activities on our platform. Any detected or suspected fraudulent activity will be thoroughly investigated. Users found to be engaging in fraudulent or dishonest activities may face consequences including, but not limited to, suspension or termination of their RewardSplash account, forfeiture of accumulated Splash Coins, and legal action where necessary.
Fraudulent Behaviours
For the purposes of these terms, fraudulent behaviours include, but are not limited to:
Using the RewardSplash account for purposes other than those explicitly outlined in these terms and conditions.
Using payment methods that do not belong to the user or cannot be verified as being in good standing.
Creating multiple accounts or attempting to exploit the system to gain undue Splash Coins.
Any other actions that are deemed deceptive, dishonest, or in violation of these terms.
Users are expected to use the RewardSplash platform in good faith and in accordance with all the stipulated terms and conditions. Any deviation from these terms may result in penalties as outlined above.
13. Communications
Communication Channels
RewardSplash primarily communicates with its users through various channels including SMS, email, in-app notifications, and phone in special circumstances. These communications may pertain to account-related updates, promotional offers, news, and other relevant information.
Opting Out
Users have the right to opt-out of any of the aforementioned communication channels. If a user wishes to stop receiving communications through a specific channel, they can adjust their preferences in their account settings or follow the opt-out instructions provided in the communication itself. However, please note that certain essential communications related to account security and transactions may still be sent regardless of opt-out preferences to ensure the smooth functioning of the user's account.
14. Ownership and Intellectual Property
Rights and Ownership
All rights, title, and interest in the Services, the RewardSplash Platform, and the Content associated with or on the same belong to Splash Tech Pty Ltd or its licensors. This includes, but is not limited to, all graphics, user interface, scripts, software, design elements, graphics, interactive features, artwork, logos, and the trademarks, service marks, and logos contained therein ("Marks"). The Marks are owned by or licensed to Splash Tech Pty Ltd, subject to copyright and other intellectual property rights under Australian laws, foreign laws, and international conventions.
Restrictions
Users are strictly prohibited from copying, reproducing, modifying, republishing, uploading, posting, transmitting, or distributing any materials from the RewardSplash Platform, including any Marks, in any form or by any means, without explicit written permission from Splash Tech Pty Ltd. Unauthorized use of the Marks or other materials is a violation of intellectual property rights and is strictly prohibited.
Protection of Intellectual Property
Splash Tech Pty Ltd actively and aggressively enforces its intellectual property rights to the fullest extent of the law. Any unauthorized reproduction or use of the Platform or the Marks is strictly prohibited and may result in civil and criminal penalties.
15. Community Standards
Responsible Behaviour
By creating a RewardSplash account, users are becoming a member of a community that thrives on goodwill and responsible behaviour. We expect all users to treat each other with respect and courtesy.
Prohibited Content and Behaviour
Users are strictly prohibited from transmitting or communicating any content that:
Constitutes ethnic slurs, obscenities, or sexually explicit material.
Contains inflammatory, derogatory, or offensive comments.
Promotes or encourages gaming, fraudulent behaviour, or any form of dishonesty.
Violates the rights of others, including copyright, trademark, privacy, or any other proprietary right.
Is targeted at the Services, the RewardSplash Platform, our employees, contractors, agents, our merchant partners, or other users.
This also includes communications via social media or other internet posts which violate the above community standards.
Handling Violations
RewardSplash takes violations of community standards seriously. Any breach may result in actions ranging from warnings to account suspension or termination, depending on the severity of the violation. In cases of severe or repeated violations, RewardSplash reserves the right to close the user's account and void any accumulated Splash Coins.
Reporting Violations
Users are encouraged to report any content or behaviour that they believe violates these community standards. RewardSplash will review all reports and take appropriate action.
16. Indemnification
User Responsibilities
You agree to indemnify, defend, and hold harmless RewardSplash, its merchant partners, and their respective officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of the RewardSplash Platform, your conduct, content, communications, alleged infringement of third-party intellectual property or privacy rights, or breach of these Terms of Use.
Cooperation
You agree to cooperate as fully as reasonably required in the defense of any claim. RewardSplash reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
17. Warranty and Liability
Warranty Disclaimer
The RewardSplash Platform and its services are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. RewardSplash does not warrant that the functions contained in the services will be uninterrupted or error-free, that defects will be corrected, or that the RewardSplash Platform or the server that makes it available are free of viruses or other harmful components.
Limitation of Liability
To the fullest extent permitted by applicable law, RewardSplash shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the RewardSplash Platform; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; or (c) any other matter relating to the RewardSplash service.
Acknowledgment
The above specified limitations and exclusions may not apply to you to the extent that applicable law does not allow the exclusion of or the limitation of liability for consequential or incidental damages.
18. Notice regarding Apple
If you are using or accessing our App on an iOS device, you acknowledge and agree to the terms of this clause. You understand that these Terms are solely between you and RewardSplash, not with Apple Inc. (Apple), and Apple is not responsible for the App and its content.
Apple has no obligation to provide any maintenance or support services for our App.
Should our App fail to conform to any applicable warranty, you may notify Apple. Apple may then refund the purchase price of the App to you. Beyond this, Apple has no warranty obligation regarding the App. Any other claims, losses, liabilities, damages, costs, or expenses due to a warranty failure will be RewardSplash's responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our App or your use of it. This includes:
Product liability claims;
Claims that our App doesn't meet legal or regulatory requirements;
Claims under consumer protection or similar laws.
Apple isn't responsible for investigating, defending, settling, or discharging any third-party claim that our App infringes on that third party's intellectual property rights.
You must comply with any third-party terms when using our App.
Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon accepting these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
You represent and warrant that:
You aren't located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country.
You aren't on any U.S. Government list of prohibited or restricted parties.
19. Governing Law and Dispute Resolution
Governing Law
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Dispute Resolution
In the event of any dispute arising out of or in relation to the RewardSplash Platform, both parties shall first attempt to resolve the dispute through mutual discussions. If the dispute is not resolved within thirty (30) days from the date of the commencement of such discussions, either party may refer the dispute to a court of competent jurisdiction in New South Wales.
Venue
The courts of New South Wales, Australia, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).
20. Assignment
Users may not assign, transfer, or delegate their rights and obligations under this Agreement, in whole or in part, without the prior written consent of RewardSplash. Any unauthorized assignment or transfer shall be null and void.
21. General Provisions
Headings
The headings in these Terms of Use are for convenience only and shall not affect their interpretation.
Waiver
No failure or delay by RewardSplash in exercising any right, power, or remedy under these Terms of Use shall operate as a waiver of such right, power, or remedy. A waiver by RewardSplash of any breach or default by the user shall not be deemed a waiver of any subsequent breach or default.
Severability
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
Entire Agreement
These Terms of Use, together with any other policies or guidelines referenced herein, represent the entire agreement between the user and RewardSplash concerning the subject matter herein and supersede any prior or contemporaneous communications, agreements, or representations, whether written or oral.
Amendments
RewardSplash reserves the right to modify or amend these Terms of Use at any time. Users are deemed to be aware of and bound by any changes to these Terms upon their publication on the RewardSplash Platform.
Force Majeure
RewardSplash shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.