How does the Erth Point Rewards System work?
1) The patented system enables part of every sale (PAY-per-SALE Marketing fee) from every Merchant to every Customer to go toward repairing the damage inflicted upon the planet from our everyday spending via the Rewards4Earth Foundation.
2) The Supporter (Customer) their nominated ECO and the planet (via the Rewards4Earth Foundation) each receive the same number and percentage of Erth Points, being 30% of the gifted Erth Points which are pre-purchased by the Merchant or via the Erth Points REACTS (Rewards4Earth Automated Card Transaction Service) marketing system. The system keeps customers coming back again and again.
3) We onboard Merchants and ECOs BDM who also receive a lesser value of Erth Points 10% of the gifted Erth Points.
4) Erth Point’s REACTS marketing system automatically ensures Merchants receive $33.33 in sales for every $1 spent in the REACTS system for a minimum fee of 3% PAY-per-SALE.
5) Merchants can use their own rewards or utilise the rewards of far larger organisations and attract the Supporters of ECO as their customers without any extra procedures or effort from the Merchant’s cashier when using our system.
a. The REACTS marketing system operates when a REACTS-registered debit/credit card is used with a REACTS-registered payment terminal.
b. It is important to note that no money is taken from the transaction, the funds needed to operate the system are taken from the REACTS marketing balance that is prepaid by the Merchant.
c. Registration of the card and the terminal is needed for us to match data to enable the REACTS system to be notified a transaction.
d. The REACTS Erth Marketing Credit must be purchased in advance. Once the balance falls below $50 the Merchant must top up their Marketing Balance and the minimum purchase amount is $50 worth of REACTS prepaid marketing services.
e. With cash, direct deposit, or other payment methods, the Erth™ Point BIZ App must be used to gift Erth Points to the Customer (Supporter) and all other parties.
6) It is recommended that the Merchant purchase enough REACTS and Erth Points to be aligned to their annual turnover in sales to ensure the continuity of Erth Point Marketing services.
7) Erth Points can be earned and spent internationally, and therefore may be traded internationally, their value will continually fluctuate according to supply and demand.
8) An ECO earns Erth Points when one of the ECO’s supporters who has nominated that ECO purchases from a Merchant where Erth Points are earned.
a. The ECO can sell their Erth Points as desired on exchanges to Merchants who need to purchase them to reward customers and ECOs for making a sale creating a financially viable ecosystem.
b. The system simultaneously benefits and thereby encourages the ECO’s Supporters (Customers) to shop at participating Merchants by –
i. gifting them Erth Rewards Points
ii. helping them to find great deals from participating Merchants.
iii. Gifting the Supporters nominated ECO Erth Points and from that a residual income.
iv. Gifting Erth points to the Rewards4Earth Foundation Ltd
9) Erth Points can be earned at any participating Merchant in the world and spent at any Merchant in the world that accepts them. The system is designed to benefit all Merchants that use the system rather than benefit any specific Merchant as normal Rewards points do.
10) It is important to note that neither the Merchant nor the supporter gifts or donates any Erth Points or money to the ECO and it is only a nomination by the Supporter.
11) The ECO understands and agrees that it can only be gifted points as per the terms and conditions set out in the ECO agreement.
12) Erth Marketing and Rewards4Earth reserve the right to alter the percentages at any time to preserve the integrity of the system and keep the system repairing the planet.
13) We operate under patents in accordance with the Patents Act 1990 (Cwlth) within the Commonwealth of Australia and the associated worldwide Patents.
SUPPORTER (CUSTOMER or CONSUMER) Membership
1) Supporters can earn Erth Points from their everyday shopping: –
a) Erth Points are electronically traded on digital exchanges
b) Erth Points can decrease in value at the holders’ expense like normal reward points
c) Erth Points can increase in value to the holder benefit unlike normal reward points
d) The planet via the Rewards4Earth Foundation Ltd earns the same number of points as the Supporter from the Supporters shopping and spending at participating businesses.
e) The Supporter can nominate a participating ECO and that ECO will earn the same number of points as the Supporter from the Supporters shopping and spending at participating businesses.
f) The Supporter can receive special offers from participating businesses.
g) Supporters can earn Erth Points from businesses that participate in the REACTS by using their registered credit/debit card
h) Supporters can earn Erth Points from businesses that are not yet using the REACTS by using one of the Erth Pay gift cards that are available for purchase via the Erth Point Supporter App.
i) Supporters can gift their Erth Points to another Supporter or to a ECO via the App anywhere in the world in seconds, enabling the recipient to spend them with any Merchant in the world that accepts them. There is no cost to do this.
j) The Supporter can use Erth Points to pay for goods and services at any business in the world that accepts them as payment
2) VIP Supporters (Customers) can be sent FREE push notifications or Special Offers.
a) To become a VIP Supporter of your business and/or ECO, the Supporter must purchase from a business or nominate that they want to become a VIP Supporter of that business. The Supporter can decide not to remain a VIP Customer of any business by “Opting Out” or can vary the frequency that they want to receive the push notifications at their total discretion.
b) The Supporter can be a VIP Supporter of as many businesses or ECOs as they desire and there is no exclusivity to any business based on location or business type.
c) A Supporter can only nominate one ECO to be their Beneficiary at a time, however, they can change that beneficiary as many times or as often as they desire.
d) A Supporter can also become a VIP Supporter of as many ECOs as they desire.
e) Erth Marketing reserves the right to stop any business or ECO from using the push notifications if this service is abused or not in the best interest of the customers or the planet or ECO.
3) Supporters understand and agree that they cannot purchase Erth Points via the Supporter App or the company’s website and the only way they can acquire points through
4) A business can purchase Erth Points so that they can use them to purchase goods and/or services from other businesses or gift them to Supporters as a special incentive, or for transactions that do not occur on the payment gateway system. The business can purchase them from the BIZ App using the “TRADE Erth” and the business can BUY Erth points for their purposes as they require them.
a) All transactions are conducted in Australian Dollars – $ AUD. Using any other currency will attract an exchange rate which will be added to the cost of the points. How this will be calculated from any other currency is beyond our control and subject to the variances of the free market, banks, and other methods of currency exchange.
b) We only work electronically and do not ship any products only via email or internet services.
c) GST will be added to all prices where applicable. If you are buying internationally you may need to pay local taxes in your jurisdiction.
5) Transaction Monitoring. By registering your Debit and/or Credit Payment Cards(s) in connection with our transaction monitoring, you authorise ERTHMARKETING PTY LTD and/or associated entities to share your transaction information with any other entities needed to track transactions between your payment account and any Erth Point Businesses. You authorize us to monitor transactions on your registered payment cards to identify qualifying purchases to determine whether you as a Supporter made transactions linked to any participating businesses. You further authorise Eftpos Australia, Mastercard, Visa or any other associated financial institution to share such transaction details with ERTHMARKETING PTY LTD and/or associated entities to enable us to gain the needed transaction information to gift Erth Points and to assist businesses to target offers that may be of interest to our Supporter Base to assist you to earn Erth Points and/or gain better deals or special offers from participating businesses. You may opt out of transaction monitoring by cancelling your Erth Point membership and deleting the App from your phone. If you have any trouble doing this, please contact ERTHMARKETING PTY LTD directly via email: firstname.lastname@example.org
a) We do not share personal information or specific information about you or your spending habits with any business and only provide general data to businesses to enable businesses to advertise special offers to people with your spending habits without giving them any of your personal information. They will never have access to your name, address, email, or phone numbers through our system.
7) You may, at your sole discretion, deactivate and delete your Erth Point supporter account at any time and free of charge.
a) Upon deactivation and deletion of your Erth Point account, all rights and licences granted to you as a member of the Erth Points loyalty program will cease immediately.
b) To the fullest extent permitted by law, we will not be held responsible or liable for any losses that may occur if you choose to deactivate and delete your Erth Point business account.
Gifting Erth Points
1) A Merchant can gift Erth Points from your own account to any BDM, Supporter, Merchant, or ECO that you join using the Erth Point BIZ App and you are free to gift any amount of Erth Points you wish.
2) You understand and accept that Erth Points are gifted to every customer who makes a purchase from a Merchant using the BIZ App or REACTS if that Supporter/Customer is registered with the Erth Points system.
a. Erth Points will be transferred to the Supporter/Customer at the time of the transaction only if they use the REACTS system for Debit/Credit cards and the card that is being used has been previously attached to their Erth Points account and the Merchant has more than $10 credit in their Erth Marketing account to enable REACTS to operate.
b. If the supporter pays in cash, by direct deposit or some other payment methodology, you understand that for the Merchant to gift Erth Points directly to the system and therefore the Supporter, the Merchant must use the BIZ App.
c. You understand that for a Merchant to gift Erth Points they must already have the Erth Points in their BIZ App as no credit is provided to Merchants.
d. You understand that Merchants can also use the BIZ App to gift extra points to Supporters over and above any points that were gifted through the payment gateway system derived from payments made using their registered terminals.
3) You understand that the Supporter can nominate any ECO as a Beneficiary that they desire, and the Merchant cannot influence or demand what ECO the Supporter nominates.
4) You understand and agree that it is ERTHMARKETING PTY LTD that donates the money to that ECO and that is at our total discretion which can change at any time based on information that ECO provides or does not provide to us.
5) You understand that a Merchant has the flexibility to set their desired percentage of the sale price that they will gift as part of the transaction using the BIZ App and our REACTS PAY-per-SALE Erth Point marketing system.
a) You are aware that the percentage gifted is total to all parties including the Erth Marketing administration and processing fees.
b) The minimum total percentage amount is three per cent (3%), but may vary from time to time, of the total purchase, amount payable to Erth Marketing via REACTS regardless of the ECO they support.
6) If the Erth Points BIZ App is used the same splits of fees will occur with the only difference being that Erth Marketing will receive its fees in Erth Points rather than in $AUD.
7) With cash or direct deposit transactions or any other payment methodology other than using REACTS, the Merchant understands that they will have to gift the points manually to their customer’s App’s using the Erth Point BIZ App.
8) You understand that the Merchant will have to Buy Erth Points through their BIZ App, via exchanges, or from any other entity that sells Erth Points.
9) You understand that the marketing fee is a PAY-per-SALE performance marketing system.
10) You understand that the Merchant can change the desired percentage that they will pay for REACTS marketing at any time above the Minimum 3% and may do so to attract more customers by notifying or not notifying their customers.
11) We will not be responsible or liable for the percentage amount you set for your customers or if you change that percentage amount.
12) You understand that a Merchant, when setting their percentage amount, should set an amount they can financially afford.
13) To the fullest extent permitted by law, we will not be responsible or liable for any promises or representations Merchants make to their customers or supporters.
14) We reserve the right to suspend or close any Merchant membership if they repeatedly make promises or representations about gifting Erth Points that they do not honour to their customers.
15) Merchants, BDM and/or ECOs can purchase Erth Points or prepurchase REACTS marketing from ERTHMARKETING PTY LTD through the BIZ App or through the website.
16) For a customer to receive their Erth Points where a REACTS registered payment terminal is not used, Merchants will need to –
a) put the transaction amount into the Erth Points BIZ App
b) scan the customer’s QR code on their phone or a copy of that QR code.
c) press “Share Erth” in their Erth Pints BIZ App, and a scanner will appear on their app screen.
d) Scan the Customer’s QR Code which comes up as they press “RECEIVE” in their Erth Points App for Supporters/Customers.
e) The Merchant will be prompted to type in the purchase amount and the amount of Erth Points to be gifted will be calculated automatically.
f) If the customer is not in your presence at the time, simply have them email, text or send you a screenshot of their QR Code that they can access through the Supporter App in the “Receive Erth” tab.
g) Please be aware that the selected percentage is shared amongst the parties such as the ECO and Planet Earth and will not entirely go to the Supporter, as specified in our terms and conditions.
17) Merchants understand and accept that all members must have WIFI, or data turned on, on the device they are using to gift or receive Erth Points. If you are unable to connect to the internet the transfer of Erth Points will not take place.
18) We will not be responsible or liable for any loss of transaction in the event any members are unable to connect to the internet to gift or receive Erth Points.
19) Members will only have their Erth Points delivered to their Erth Point App and their electronic wallet if they have Internet access.
20) Once an ECO has Erth points the ECO can sell them through the App or through any exchange that they desire to convert the Erth Points into their local or any other currency the parties agree upon.
21) Merchants have the sole discretion to offer alternative rewards programs in conjunction with Erth Points rewards Program. Merchants can operate any other rewards programs that are not breaching Erth Points Patents and remain independent from the Erth Points rewards Program.
22) Merchants are solely responsible and liable for any other rewards program that is offered in association with or separate from the Erth Points program.
23) Erth Points and ERTHMARKETING PTY LTD do not require exclusivity and happily work with any other rewards point system that does not breach our patent.
24) Merchants understand and accept that Merchants must replenish their Erth Points by purchasing them before they are able to gift them to their customers via the BIZ App.
25) The price of Erth Points will fluctuate due to the free market of supply and demand.
26) Merchants understand that the fluctuation in value will not affect the cost to Merchants, as they only purchase REACTS marketing based upon a percentage of the sale price of their goods and or services.
27) The only difference will be that the customer and all other parties will receive varying amounts of Erth™ Points based on the market value of Erth Points at the time of the transaction.
28) Regardless of the quantity of Erth Points delivered it was still $2.00 worth of REACTS marketing services and as such cost the Merchant the same amount.
29) Merchants understand that Merchants need to have a minimum of $10 in credit with their marketing account to have points gifted to their customers otherwise no gifting of Erth Points will occur.
30) Merchants understand that because of disclosure laws and common courtesy that if a Merchant or ECO chooses to no longer gift Erth Points or use the Erth Point system we will notify Erth Point Supporters and customers via their Supporter App at the time of the next transaction that the supporter makes at that Merchant so that the customer is fully informed.
31) To the fullest extent permitted by law, we do not make any warranties, guarantees, opinions, advice, forecast, speculate, or suggest how the value of Erth Points will behave in a free market determined by supply and demand. We will not be responsible or liable for how Erth Points behave in the free market (their fluctuation or market behaviour).
32) Merchants and or ECOs understand that if they stop gifting Erth Points we need to inform the Customer that they did not receive any Erth Points from that transaction.
33) Gifting points directly can be done via the Erth Points Supporter App and all Erth points gifted will go to the recipient less any administration charges.
34) Erth Point transfers may come under the scrutiny of AUSTRAC, the local taxation office, or any other regulatory body required by law.
35) Merchants understand and agree that they should not offer opinions or statements as to the future value of Erth Points, especially regarding any potential increases in value.
Receiving Erth Points as a Payment
1) Merchants understand Merchants or ECO’s can accept Erth Points for a part or full payment. That is a decision for the Merchant and/or ECO and the Supporter/Customer. Erth Marketing does not get involved in suggesting how this should operate as it is a matter for the Merchant and their customers.
2) To accept payment in Erth Points go to the Erth Points BIZ App and
a. Press the “Receive Erth” button.
b. Type in the amount of the Australian Dollars – $ AUD and the App will recalculate the amount it Erth Points based on the current price on exchanges.
c. Press Generate the QR code and show this QR code to the Supporter or Customer.
d. The Supporter then scans this QR code with his/her Erth Points App for Supporters/Customers and approves the transaction.
e. The Merchant and customer can agree to accept less or more Erth Points for any transaction as they agree.
Sponsorship with all ECOs and Sports Clubs in Particular.
1) ECOs understand that by promoting the Erth Point System to supporters, Merchants and ECOs through sponsorship, this will encourage more Merchants, ECO, and Supporters to use the system which will benefit all parties that use the system.
2) As it is Erth Marketing that is paying, donating, or gifting the Erth Points or money to the ECO as a donation to the ECO then Erth Marketing should be entitled to the same treatment as any sponsor paying similar amounts to the ECO.
3) The ECO understands that it will explain that ECOs agree that they will treat Erth Marketing the same as any sponsor and promote Erth Points in the same manner it would promote the brand of any other sponsor that pays a similar amount of money.
4) Erth Marketing may agree to have second-tier sponsorship benefits to assist ECO at Erth Marketing’s discretion.
5) ECOs understand that an ECO may elect to give Erth Points primary naming rights at any time to increase the number of supporters using the Erth Point system which can also increase the donations made to the club by Erth Marketing.
6) ECOs will need to give to Erth Marketing any fair and reasonable information needed to ascertain the ECO’s bona fides and need to continue receiving benefits from the Erth Point system.
Accessing or Retrieving Your Account
1) If you are having difficulties accessing your account or suspect your account/password has been lost or stolen, then please contact our friendly support team using the support system on the websites or the App or email@example.com immediately.
3) You understand and accept we will never ask you for your username, password, bank account details or any other personal or sensitive information over the telephone, text message, email, or through pop-up alerts. We have our own secured process when we are helping you access or retrieve your account, and we will help you via our secured process only.
4) You understand and accept that at our sole discretion, we may suspend or deactivate your Merchant account:
a) if we reasonably believe you are using or are likely to use our services in a dishonest manner or for illegal purposes.
b) if we are legally required to do so via court order.
c) if you are involved in or suspected to be involved in money laundering, terrorist financing or any other illegal activity.
e) if you provide us with misleading, false information or make misrepresentations when registering for the Erth Points Rewards Program.
f) if you are abusive, aggressive, or offensive towards any Erth Points Rewards Program staff member, Merchant, Supporter, Customer or ECO that uses the Erth Point System.
g) If you promote Erth Points will increase in value without the corresponding promotion they could decrease in value
5) If you are aware that another Erth Points rewards member is misusing the Erth Points rewards Program in such a way that is deemed illegal, then you are strongly encouraged to call your local police or authority or inform us of that activity.
6) If you are aware that another Erth Points rewards member is misusing the Erth Points rewards Program in such a way that is against our mission and overall vision, then you can make an anonymous complaint to our friendly staff by emailing us at firstname.lastname@example.org.
1) We are a member of AUSTRAC, and we comply with all requirements set down by AUSTRAC including the information we must collect from our members.
2) We comply with Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cwlth), Anti-Money Laundering and Counter-Terrorism Financing Rules 2007 (made under section 229 of the Anti-Money Laundering and Counter-Terrorism Act 2006 (Cwlth)) and Know-Your-Client (KYC) obligations. This is especially stringent in relation to our funding ECOs, and we require far more information than we do from Merchants to ensure compliance.
3) A person can be the responsible officer of a Merchant via a company or trust and must possess an ABN to be an Erth BDM.
6) You accept the degree of information required by us will differ as to whether you are registering for the Erth Point Rewards Program as a Supporter/Customer, BDM, Merchant, or ECO.
7) If you are registering as a Supporter, ECO, BDM, or Merchant, you accept you will be required to successfully complete a proof of identity check. To complete this check, we may use an independent third party. You accept that the Identity Check organisations have their own processes where they collect, use, and hold your personal information, we are not responsible or liable for their processes and procedures.
8) Once you have completed your identity check, we understand that the identity check organisations do not disclose any of the personal information you provided to them (other than your name) when they inform us of the outcome of your identity check. We are only advised whether the identity check is successful/unsuccessful and the name of the person that the identity check refers to. We will not outsource any personal information you have provided to us or any third party unless required to do so by law.
9) You accept third parties may require you to provide additional personal information to them to comply with their own identification obligations. Any third-party identification obligations are not associated with us, we are not responsible or liable for their processes and procedures.
10) Any personal information we collect and hold in our files will not be shared with any parties unless instructed to do so by AUSTRAC or by court Subpoena.
1) You understand and accept we will not be responsible or liable for resolving any dispute that may arise between yourself and any other party using the Erth Point System. Disputes may arise between Erth BDMs, Supporters (Customers), Merchants and ECO’s, if the dispute is about using our Erth Points Rewards program, the parties involved will be solely responsible for resolving the dispute between parties. We may agree to mediate between the parties to assist in the dispute, or we may cancel membership at our sole discretion.
2) If the dispute is between you as an Erth BDM, ECO or Merchant and any of our companies such as Rewards4Earth Pty Ltd or ERTHMARKETING PTY LTD you agree to go to mediation and if that is unsuccessful to arbitration and that decision is final and all parties will bear their own costs for any legal action.
3) The Merchant and/or ECO agree that they will enter mediation and if unsuccessful Arbitration with an authorised Mediator or Arbitrator as recognised by the Queensland Law Society before, they can commence any legal action in any jurisdiction.
1) We always comply with the Competition and Consumer Act 2010 (Cwlth) and the Australian Consumer Law requirements. Subject to your rights, we will assess your refund claim taking into account the level of seriousness and all other relevant factors. We are not obligated to comply with your remedy preference. Every claim will be assessed on a case-by-case basis as to whether we repair, replace or refund at our absolute discretion.
1) To the fullest extent permitted by law, your use of and involvement with our Erth Points Rewards Program as an BDM, Merchant, ECO, or Supporter will be solely at your own risk. We provide services on an “as is” and “as available” basis.
2) We and our affiliates expressly disclaim and exclude all expressed and implied warranties, conditions, guarantees, and representations of any kind whether they were expressed, implied, or statutory.
3) This includes, without limitation, implied warranties of how Erth Points will fluctuate or behave in the free market controlled by supply and demand.
4) We do not make any representations, undertakings or guarantees to BDMs as to how or whether Merchants, ECOs, Supporters or other BDMs will accept the Erth Point System.
5) Merchants, Supporters, and ECOs understand that they will experience bugs, errors and issues with our App’s, websites, and software and that although we do our best to rectify these errors they will most likely continue to occur, and we accept no liability for any loss or damage the member may incur due to any of these issues.
6) We and our affiliates expressly and impliedly make no guarantees or give any undertakings to the following:
a. our services will meet your requirements.
b. our services will not be interrupted, timely, secure, or error-free.
c. the quality of our services, products, materials, or information obtained by you.
d. the results/data that are obtained from the use of our services will be accurate and reliable.
e. the speed or accuracy of the Erth Points transfer.
f. whether or not the Erth Point system works on older or not mainstream devices.
Limitation of Liability
1) To the fullest extent permitted by law, we, our affiliates, BDMs, Merchants, and ECOs using the Erth Point System will not be held liable for any of the following:
a. indirect, incidental, special, consequential, punitive, or exemplary damages.
b. loss of profit to you.
c. loss of goodwill to you.
d. loss of use.
e. damage or alteration to any equipment (including, without limitation, handheld devices, tablets, and mobile phones) as a result of the installation and/or use of the Erth Points BIZ App or Supporter App or any of our software.
f. loss or corruption of data.
g. loss, destruction, or theft of Erth Points including loss of passwords.
h. any other intangible loss you may suffer (foreseeable or otherwise).
2) We understand and accept some jurisdictions do not allow the exclusions of certain limitations for incidental or consequential damages. Accordingly, in these circumstances limitations set out in these Terms and Conditions will not exclude our liability.
4) BDMs understand that we work within AUSTRAC rules and regulations, we also conduct our own investigation as to what members and particularly ECOs are mandated to accomplish, what goals they have, and how we can assist them to reach those goals. ECOs agree and understands that we accept no liability for the following: –
a. That the Supporters nominate an ECO as their preferred beneficiary and that the Supporter can change this at any time.
b. If the ECO has received the funding they require, we can pause the funding until it is required again.
c. That we can cancel the ECO’s funding if it is seen that funding is not going to the nominated cause as stated by the ECO.
d. That we may require further information and records from the ECO once certain funding levels have been reached and that failure to comply with such requests can cause all funding to cease or be paused until that information is received and investigated.
e. The ECO also understands that if the information requested is not to our satisfaction we can pause or cease funding to that ECO.
f. We can also agree to give ECOs more than we have collected for them if we feel that it is needed for any purpose, we deem necessary.
g. We can pause or cease funding to the ECO for any reason we deem appropriate.
h. An ECO cannot be an Erth BDM due to a conflict of interest.
1) All Intellectual Property (IP) rights in Erth Points BIZ App are either owned or controlled by Rewards4Earth Pty Ltd or its affiliates or has third-party licensing to use its content.
4) We will be solely responsible for ensuring there are enough Erth Points in the ecosystem to support all qualifying transactions worldwide. The supply of Erth Points will be available to meet the free-market demand to ensure the price of Erth Points does not reach an unsustainable level where the use of them in small transactions becomes unworkable.
5) Ensuring there are enough Erth Points in the ecosystem using the ratchet system also prevents Erth Points from being released into a decreasing free market.
6) You understand and accept we may, from time to time, and at our sole discretion, cause the Erth Points BIZ App to be temporarily unavailable to all members of the Erth Points Rewards Program for maintenance or other purposes.
7) You understand and accept we are not a financial services organisation and we do not provide financial services, financial advice, or products. Any content (including all advertising and marketing) provided to you is intended to provide general information only. We have not taken into account any specific circumstances, nor have we taken into account your particular situation. All our content is not intended to provide financial or professional advice, you must not rely on it as financial or professional advice. Always seek independent professional advice as to whether Erth Points Rewards Program is right for you.
8) You understand and accept you must not: copy, use or attempt to use a similar system worldwide that is or could be reasonably viewed as being competitive with us that breaches or could breach our patent or the intellectual property surrounding our patents.
9) We may, at our sole discretion, allow you to set up or conduct a Business similar to ours. We will only exercise our discretion through express and written consent. You understand and accept our express and written consent will be a legally binding agreement between you and the patent holder.
10) You understand and accept we reserve the right to take any and all necessary legal action against you if you set up a similar organisation that is deemed to be similar and competing with our organisation without our expressed and written consent.
11) Subject to these Terms and Conditions, and our Website Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited, revocable, sub- licence to use and access our App, Websites, software and utilise our patents for your own personal and/or commercial use within those Apps and websites.
12) Unless expressly permitted within these Terms and Conditions, you must not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, alter, modify, reverse engineer, disassemble, decompile, transfer, create any kind of derivative works or exchange Erth Points App for any commercial purpose which is not associated with the Erth Points Rewards Program.
14) You understand and accept additional laws and regulations that will apply to you if your residence is not within the State of Queensland, or your country of domicile is not the Commonwealth of Australia. You are solely responsible for ensuring you comply with any additional laws or regulations applicable to you.
15) You understand that Erth BDMs do not make decisions for the company and cannot alter any terms and conditions specified by the company and that BDMs will only promote products and/or services as outlined by the company.
16) Erth BDMs as an agent of the company have a fiduciary obligation to the company.
1) “App” means
The Erth Points™ App for Erth Points Supporter App for consumers, customers, supporters, or individuals.
2) “BIZ App” means
the Erth Points BIZ or Merchant App or Business App for organisations such as ECOs or Merchants.
3) ECO means
Any registered Club, Church, Charity, Foundation, Benevolent Society, Environmental and/or Community Organisations, or organisation that meets our criteria that we believe needs support. We reserve the right to reject any organisation from becoming an ECO and receiving funding for any reason we feel justifies this position.
4) Customer means
A purchaser of goods and or services from a business and/or merchant
5) Consumer means
A purchaser of goods and or services from a business and/or Merchant
6) Erth BDM means
a registered Business or holder of an ABN is an Australian Business Number, or similar in other countries, that promotes the Erth Point system to other parties upon the understanding that as an Erth BDM, they will be rewarded from transactions made by members within their network via a small percentage of Erth Points that are purchased as a result of financial transactions between a Supporter and a Merchant that are registered with the Erth Point System where one or both of those parties are in the BDMs 6-level network. An Erth BDM cannot be an ECO.
7) Erth Marketing means the company ERTHMARKETING PTY LTD
8) Erth Point means:
a Token (also known as a point) held on a blockchain as a distributed ledger called “Erth” and used in Erth Point Apps.
9) Erth Points Rewards Program or Erth Points System means:
the combined Business of Rewards4Earth Pty Ltd, ERTHMARKETING PTY LTD, and any of their subsidiary or group companies.
10) Intellectual Property means:
The systems, procedures, Apps, websites, and all other information that enables the Erth Point system to operate.
11) Marketing and Advertising means
The objective of gaining a customer and selling using promotion, benefit and or reward to attract customers or Supporters.
12) Merchant means
A business or Merchant that pays for marketing services to attract customers via either purchasing REACTS Marketing services or Erth Points as a reward for supporters purchasing from that business or Merchant.
13) Patent means
The Patent held by us in relation to using rewards on a blockchain token and other intellectual property used by us.
14) REACTS means
Rewards4Earth Automated Card Transaction Service and its associated marketing system.
15) Qualifying transaction means:
a. when a Merchant who is a member of the Erth Points Rewards Program buys marketing services and/or gives a percentage amount of Erth Points to their Customer at the time of purchase transactions.
b. when a customer who is a member of the Erth Points Rewards Program uses their Erth Points to purchase goods and services from a Merchant that is a member of the Erth Points Rewards Program.
16) Supporter means
A customer that uses the Supporter Erth Point App to collect Erth Points
17) Related Bodies Corporate means:
the same meaning it has in the Corporations Act 2001 (Cwlth).
18) Terms and Conditions means
19) “We”, “Us”, and “Our” means
The Erth Point System, Rewards4Earth Pty Ltd (ABN 79 637 454 310) and its affiliate or group companies, ERTHMARKETING PTY LTD (ABN 73 646 083 650).
20) “You” means
every organisation that is a member of the Erth Points Rewards Program (including ECOs, Supporters, Erth BDMs, and Merchants) and every organisation that is not a member of the Erth Points Rewards Program that is looking at anything to do with Erth Points or this website or any of the Erth Point Apps.