Merchant Terms and Conditions
Stamp Media Merchant Terms & Conditions
These terms and conditions (“the Agreement”) apply to any party (“the Business”) wishing to engage Stamp Media Pty Ltd (ABN 90 153 529 616) (“Stamp Media”) for the provision of loyalty reward programs services (“the Services”) through its Smartphone application Stamp Me (“the App”). Please read these Terms and Conditions carefully before accessing or using the information and services for the App through its marketing platforms (“platforms”) or any website portal (“portal”) it provides. By accessing or using the platforms or portal for the App, the Business agrees that it has read, understood and agrees to be bound by Stamp Media Merchant Terms & Conditions.
1.1 Stamp Media provides the Services to businesses or representatives of businesses seeking to establish a loyalty reward program for Registered Members of the App.
1.2 Business loyalty reward programs will become live on the App only when the Business has approved all information, its offer and logo/ icon/ picture through the portal or written communication.
1.3 Stamp Media reserves the right to individually charge for multiple offers through the same business listing.
1.4 Stamp Media shall make such modifications to any loyalty reward program as are reasonably requested by the Business.
1.5 Stamp Media shall be entitled at any time without notifying the Business, to make changes to Business loyalty reward programs which are necessary to comply with any applicable security or statutory requirements and shall determine, at its absolute discretion, the manner in which the changes are applied.
1.6 Stamp Media reserves the right to determine which Smartphone operating systems the app works on.
2. Setting up an account
2.1 The Business is required to create an account with Stamp Media if the Business wishes to engage the Services of Stamp Media.
2.2 The Business may be required to pay a nominal establishment fee per venue, and an ongoing subscription fee, which is agreed under a separate pricing schedule.
2.3 All rates are in Australian dollars unless stated otherwise.
3. Business offer
3.1 The Business structures the offer and reward for its customers. The offer and reward are placed on the Registered Members smartphone and must also be prominently displayed at the point of sale within the store.
3.2 The Registered Member is entitled to receive a stamp or points on the App for each purchase whether by value, quantity or visit. The registered member is entitled to receive a reward for achieving the required number of stamps or points.
3.3 Any dispute regarding the loyalty program will be between the business and its customer. You agree that Stamp Me is not responsible, and shall have no liability to you or your customers, with respect to the loyalty program.
4. Business Communication & Data
4.1 Any electronic communication with Registered Members must be done through the Platforms or Portal or with a method and process previously agreed with Stamp Media.
4.2 Stamp Media owns its Registered Members contact details and transactional data records.
4.3 For paying business customers, Stamp Media shall provide access to customer contact details and transactional data records relating only to customers and records pertaining to the offers and promotions that the business provides on the Stamp Media Platform.
4.4 Non-paying business customers shall receive no customer contact details or transactional data records unless otherwise agreed by Stamp Media.
4.6 For businesses that have customers located in the European Union and EEA area, they must comply with recent General Data Protection Regulations (GDPR). Businesses must ensure that if they use or extract any personally identifiable data, such as uploading email addresses to mailing lists or third-party mailing programs, that they keep these lists up to date and the remove any customer details that have been deactivated or deleted from the Stamp Me system.
5. Payment & Rights to Terminate a Service
5.1 Businesses may be required to pay a nominal set up fee to establish the Service. A monthly or annual subscription may be charged according to an agreed schedule of rates.
5.2 Stamp Media can provide the Business with an invoice stating Stamp Media’ fees in relation to the Services provided to the Business on request.
5.3 All monthly fees will be paid monthly in advance through a credit card. Credit cards may incur an additional surcharge. Unless otherwise agreed with Stamp Media.
5.4 The Business has 30-days from the date of registration to trial the program without charge. Once the free trial period ends, the Business will then be charged their first monthly subscription payment.
5.5 The Business may terminate the Service at any time.
5.6 Unless the business cancels within the 30-day trial period, a cancellation fee equivalent to 60 days subscription shall be applied upon cancellation request. Any outstanding subscription fees or other charges due must be paid in full prior to cancellation. The agreement shall then terminate at the next renewal date.
5.7 All requests to cancel must be made by submitting the Cancellation Request form on the Stamp Me website.
6. Stamp Media’s obligation
6.1 Stamp Media will use its reasonable endeavours to enable its Registered Members the facility for viewing the Business’s loyalty reward program on the App.
6.2 Stamp Media will use its reasonable endeavors to publish the Business’s loyalty reward program or provide other agreed loyalty reward programs Services to the Business by the agreed date.
7. Businesses obligations
7.1 The Business hereby undertakes and warrants to Stamp Media:
7.1.1 that the Business will use all reasonable precautions against access to the App through the portal by any unauthorised persons, including but not limited to the use of usernames and passwords and the securing of information relating to communications between the Business and the rest of the App;
7.1.2 that any information supplied by the Business is accurate, complete and true;
7.1.3 that the Business owns the copyright in or has authorisation from the copyright owner to upload, post, transmit, share, store or otherwise make available to Stamp Media for use on the App any advertisement which contains a name, pictorial representation or logo;
7.1.4 that material uploaded, posted, transmitted, shared or otherwise made available to the App through the portal is free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties;
7.1.5 that each Loyalty Reward program is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
7.1.6 that no Loyalty Reward Offer contains any data, image or other material which;
(a) is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
(b) is defamatory, threatening or racially, ethnically or otherwise objectionable;
(c) is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
(d) infringes the rights (including, without limitation, the intellectual property rights) of another person;
(e) is designed or likely to cause disruption to any computer system or to any network; or
(f) is illegal or designed or likely to induce an illegal act.
7.2 The Business agrees to provide Stamp Media, in such a format as Stamp Media may request, any information, design work, artwork and logos necessary to enable Stamp Media to provide the Services.
8. Error or delay
8.1 Stamp Media does not accept liability for any consequences, howsoever arising, due to error or delay in the Service and has the right at its absolute discretion to decline to publish or omit, suspend or change the position of any advertisement accepted by it.
9. Right of Refusal
9.1 Stamp Media reserves the absolute right, without giving any reasons, to decline, cancel or remove any advertisement or provision of the Services for any reason and at any time without prior notice.
10. Reporting Illegal Content
10.1 Stamp Media may, at its absolute discretion and without prior notice, report to the relevant authorities any advertisement or loyalty reward programs service used, which in its reasonable opinion is being used for an improper or illegal purpose by the Business.
11. Intellectual property
11.1 All intellectual property rights (including future copyright) in the formation and other material appearing on the App vests in and is the exclusive property of Stamp Media, its assigns and licensors. The Business may not and must not allow or permit other parties whether or not on the Business’s behalf, to copy Business loyalty reward programs or other similar activities unless the Business have obtained the prior, written permission of Stamp Media.
11.2 All intellectual property uploaded to the App constitutes an assignment of the intellectual property from the Business to Stamp Media.
12.1 Stamp Media retains all property rights in all information and all other knowledge relating to Stamp Media, the Services including the technology and design of the services, the way the Services are implemented, the personnel, policies and business strategies of Stamp Media and the terms of the agreement (including pricing) which come into the Business’s possession from any source, or information which is treated by Stamp Media as confidential regardless of its form, or which is designated by its nature as confidential, but excluding information in the public domain or which may be obtained from Stamp Media without restriction (“Confidential Information”).
12.2 The Business will not use Confidential Information which the Business acquires from Stamp Media for any purpose which may cause Stamp Media loss, whether by way of damage to Stamp Media’ reputation, financial loss, or otherwise.
12.3 The Business will keep confidential all information supplied by Stamp Media on is Registered Members.
13.1 While Stamp Media will attempt to verify a Registered Member’s details, it does not guarantee the truth or accuracy of such details. Stamp Media accepts no responsibility or liability as to the suitability of Registered Members who respond to Business loyalty reward programs.
13.2 Stamp Media disclaims all liability to the maximum extent permitted by law for liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Business’s use of (or inability to use) the App.
13.3 Stamp Media does not accept liability for:
13.4.1 any loss of copy, artwork, photographs, data or other materials that the Business supplies to Stamp Media; or
13.4.2 any mistakes or errors whatsoever that arise during the course of publication of any advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Business.
13.4.3 any breaches by the business in regards to any relevant national SPAM and Data Protection acts, including but not limited to; Australia, The SPAM Act 2003, Europe & UK, GDPR (EU) 2016 & Privacy and Electronic Communications (EC Directive) Regulations 2003 and US – CAN-SPAM Act of 2003.
13.5 To the maximum extent permitted by law, the Business agrees to limit the liability of Stamp Media for breach of these Terms and Conditions or any other law or legislation to having the Services supplied again.
14.1 All warranties, conditions and representations whether express or implied (other than express warranties stated by Stamp Media in writing) are excluded except in circumstances whereby Stamp Media is by law unable to exclude or limit liability.
14.2 Stamp Media makes no warranty that the App (or any Smartphone application that is, or may become linked to this Smartphone application) is free from computer viruses, “cookies”, or any other malicious or impairing computer programs and/or that the App shall operate uninterrupted and error-free.
14.3 Stamp Media does not warrant that any Loyalty Reward offer placed on the App will attract users from its Registered Members.
14.4 Without limiting the generality of the above, the Business warrants that nothing in the material lodged for publication on the App breaches any laws in any State or Territory of Australia and the Commonwealth of Australia.
15. Relevant law
15.1 These Terms and Conditions are governed by, and must be construed in accordance with the laws of the State of Victoria, Australia.
16.1 The Business agrees to indemnify Stamp Media and its partners, directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partly, directly or indirectly, for using the App.
16.2 The Business indemnifies Stamp Media in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered or incurred by Stamp Media (including, but not limited to, economic loss and all legal costs and disbursements on a full indemnity basis) caused by the Business and/or any willful, illegal or negligent act or omission by the Business.
17.1 Stamp Media may cancel any Loyalty Reward Program, terminate any agreement, or commence legal proceedings against the Business to recover any overdue amount including legal costs in relation to any action taken against the Business by Stamp Media, if:
17.1.1 the Business fails to pay for any loyalty reward programs Services provided by Stamp Media, in accordance with any agreement between the Business and Stamp Media and these Terms and Conditions;
17.1.2 the Business breaches the Terms and Condition of this Agreement;
17.1.3 the Business commits an act of bankruptcy;
17.1.4 the Business becomes insolvent;
17.1.5 the Business, in the opinion of Stamp Media, is in breach of any law or regulation;
17.1.6 a receiver, administrator, liquidator or manager is appointed over any of the Business’s assets; or
17.1.7 if the Business resolves to wind up the Business’s company.
18. Dispute resolution
18.1 Any dispute under or arising out of this agreement shall be referred to arbitration by a single arbitrator. The arbitration shall be conducted in accordance with the rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators and Mediators Australia (‘IAMA’) and subject to those rules, in accordance with the provisions of the Commercial Arbitration Act 1984 (Vic).
18.2 The parties agree and accept that the determination of the arbitration is final and binding.
19. Compliance with foreign law
19.1 Stamp Media makes no representation that the content of the App complies with the law of any country outside Australia. If the Business accesses this Site from outside Australia, the Business is responsible for ensuring that the Business complies with all laws in the place where the Business is located.
20.1 Stamp Media may vary these Terms and Conditions from time to time at its absolute discretion.
20.2 If a material change to the Terms and Conditions is made, Stamp Media will notify the Business by placing a prominent notice on the portal identifying the change, or by notifying the Business of the change via email.
22.1 Stamp Media reserves the right to suspend or close the Business’s account at its absolute discretion in the event of, but not limited to the events referred to in clause 16 or breaches of these Terms and Conditions.
23.1 If any provision of these Terms and Conditions is held unenforceable in whole or in part, these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision.