Membership Terms & Conditions

1. Introduction

1.1. By using:

• a) this website (located at https://mkempirerewards.com.au/) (Website), any related websites or URLs and any social media platforms owned or operated by us (together the Sites);
• b) our services from time to time (Services); or
• c) by purchasing a membership package (Membership Package(s)) from us,

you agree to be legally bound by these terms and conditions (Terms).

1.2. By agreeing to these Terms, you are entering into an agreement with Carmelian Productions Pty Ltd (ACN 651 795 514) trading as MK Empire Rewards (ABN 99 651 795 514), including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (MK Empire Rewards or we or us).

1.3. By accessing or using our Website and Services, you warrant and represent to us that:

• a) you have read, understand and agree to be bound by these Terms;
• b) you are over the age of 18 years old; and
• c) you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

1.4. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy Policy, are incorporated into these Terms. You agree to comply with all such terms and conditions when accessing our Website or using our Services.

2. Membership Packages

2.1. We offer ongoing monthly Membership Packages on our Website for you to purchase. The Membership Packages currently comprise the following tiers: Silver, Gold and Diamond. Each Membership Package automatically renews monthly from the date of purchase and includes the benefits applicable to that tier, as detailed on the Membership Page located at https://mkempirerewards.com.au/home#packages. Your membership benefits will continue for so long as your Membership Package remains paid and active (Membership Duration), unless cancelled in accordance with these Terms.

2.2. Each Membership Package provides you with access to specific benefits and inclusions for the Membership Duration as set out on the Membership Page. Before purchasing a Membership Package, it is important for you to carefully read and understand the benefits of each Package or please contact us if you need any assistance. It is your responsibility to ensure that the Membership Package you purchase meets your requirements.

2.3. Subject to clause 2.4, purchase of a Membership Package gives you the following non-exhaustive list of benefits, depending on the Membership Package purchased by you:

• a) Access to MK Empire Rewards Partner Deals, discount and promotions;
• b) Exclusive content and clues related to the scavenger hunt;
• c) Exclusive discounts on MK Empire Rewards merchandise;
• d) Exclusive access to MK Empire Rewards merchandise;
• e) Early access to MK Empire Rewards merchandise; and
• f) Access to member-exclusive giveaways.

2.4. We have outlined the benefits which you may have access to in clause 2.3 above depending on the Membership Package you hold. However, please note that your access to these benefits is based on your compliance with these Terms and may be subject to change at our sole discretion in accordance with clause 2.7.

2.5. By purchasing any Membership Package, you will automatically receive one or more entries into the competition(s) run by MK Empire Rewards. The number of entries received is set out on the Website and will depend on the Membership Package purchased. In addition to the free entries received under the Membership Package, entrants may receive accumulating entries for their Membership Duration, as set out on our Website.

2.6. The Membership Package fees may be amended from time to time on our Membership Page in accordance with clause 4.1, and any changes will come into effect from the next billing cycle. If you do not agree to the updated details, you must notify us within seven (7) days of publication of the revised fees or before the end of your current billing cycle (whichever is earlier) and your Membership Package will be terminated. It is your responsibility to check the Membership Page before the end of your current billing cycle.

2.7. You agree that we may update the details, benefits and inclusions in our Membership Packages at any time by updating the Membership Page and that any changes will apply to all Membership Packages purchased, renewed or extended after the date of the publication of the new Membership Package details. If you do not agree to the updated details, you must notify us within seven (7) days of publication of the new Membership Package details on our Membership Page. It is your responsibility to check the Membership Page frequently. If you do not agree to the new details of the Membership Package, your Membership will terminate at the end of the current billing cycle.

2.8. By selecting a Membership Package and paying the purchase price at checkout, you will have access to all the benefits of your chosen Membership Package for the relevant Membership Duration which will be applicable to you.

2.9. To access and use your Membership Package you may need to register for an account on the Website (Account) by completing your details at checkout from the Membership Page.

2.10. For the avoidance of doubt, users may be permitted to create and maintain an Account without purchasing a Membership Package. Such users may have access to certain features of the Website as determined by us from time to time. However, Membership Package benefits, member-exclusive offers, member discounts, complimentary entries and other membership benefits are only available to holders of a paid and active Membership Package unless expressly stated otherwise. Referral rewards and referral program benefits may be available to Account holders without a paid and active Membership Package where stated on the Website or in the Referral Terms and Conditions

2.11. The fees for your Membership Package will be dependent on the Membership Package you choose at checkout, and once purchased, the fees will be as specified on your Account dashboard, plus any applicable taxes or duties (Fees).

2.12. Subject to you paying the Fees, your Membership Package will commence from the date you paid the Fees and will continue for the Membership Duration.

2.13. You agree that you are solely responsible for maintaining the confidentiality of your Account details and credentials, including your password.

Upgrades and Downgrades

2.14. Members may upgrade their Membership Package at any time through the Website, or any other method approved by us.

2.15. An upgrade will take effect immediately upon successful processing of the upgrade request and payment of any applicable additional fees.

2.16. Upon upgrading, the member will immediately receive access to the benefits, features, discounts, Deals and other inclusions applicable to the upgraded Membership Package.

2.17. If a member upgrades their Membership Package during a current billing cycle, the member will be charged the pro-rata difference between the fees for their existing Membership Package and the upgraded Membership Package for the remainder of that billing cycle, calculated from the date the upgrade takes effect.

2.18. If a Membership Package includes free entries into eligible Trade Promotions, a member who upgrades their Membership Package may receive additional entries equal to the difference between the entries allocated under their previous Membership Package and the entries allocated under the upgraded Membership Package for the relevant billing cycle, subject to the applicable draw cut-off time.

2.19. Any additional entries resulting from an upgrade will only be allocated on a future-only basis and only if the upgrade is completed before the applicable draw entry cut-off time. Upgrades completed after the applicable cut-off time will not affect entry allocations for the current draw and may instead apply to subsequent eligible draws. For example, if a draw entry period has closed before the upgrade is completed, the additional entries will not be applied to that draw.

2.20. Members may downgrade their Membership Package at any time through the Website or any other method approved by us.

2.21. A downgrade will take effect from the commencement of the next billing cycle following the downgrade request.

2.22. Until the downgrade takes effect, the member will continue to receive the benefits, features and inclusions of their existing Membership Package.

2.23. No refund, credit, pro-rata adjustment or reimbursement will be provided in connection with a downgrade unless required by law.

2.24. From the commencement of the next billing cycle, the member will be charged the fees applicable to the downgraded Membership Package and will receive the benefits and entry allocations applicable to that Membership Package.

Founding Member

2.25. We may designate a founding member pre-launch period as published on the Website (Founding Member Period). Individuals who complete the required registration process during the Founding Member Period, including providing valid payment details where required, will be granted founding member status (Founding Member Status).

2.26. Subject to these Terms and any applicable Trade Promotion terms, members with Founding Member Status are entitled to receive additional bonus entries into eligible draws while their Membership Package remains active, paid (where applicable), compliant with these Terms and any other terms and conditions as published on our Website, and the member’s Account has not been suspended, restricted or flagged for suspected fraudulent, automated, unauthorised or improper conduct, including, but not limited to, bot use, hacking, tampering or any other conduct that may compromise the integrity of our Website, Services or any Trade Promotion, and the member remains otherwise in good standing. The number of bonus entries allocated will depend on the member's current Membership Package and will be as published on the Website from time to time. Founding Member bonus entries are separate from, and are added to, any standard entries allocated under the applicable Membership Package.

2.27. Founding Member bonus entries will only accrue while the member maintains an active Membership Package. If a Membership Package is suspended, cancelled, terminated, expires, is subject to a failed payment, chargeback, refund or payment dispute, we may suspend, remove, reverse or forfeit any Founding Member bonus entries and associated Founding Member benefits.

2.28. If a member with Founding Member Status cancels their Membership Package, allows their Membership Package to lapse, or has their Membership Package terminated for any reason, their Founding Member Status and any associated Founding Member benefits will continue only until the end of the then-current paid Membership Duration, after which they will permanently cease.

2.29. Once Founding Member Status is lost, it cannot be reinstated. Rejoining after cancellation, termination or expiry of a Membership Package, whether during or after the Founding Member Period, will not restore Founding Member Status or any associated Founding Member benefits unless we expressly agree otherwise in writing.

2.30. Founding Member Status is personal to the member and is not transferable, assignable, redeemable for cash or capable of being reinstated except at our sole discretion.

Grand Opening Offer

2.31. We may offer a complimentary trial of our Silver Membership Package for a period of thirty (30) days during our grand opening period or other promotional period specified on the Website (Grand Opening Offer).

2.32. Eligibility for the Grand Opening Offer, including the commencement date of the complimentary trial period, will be determined by us and published on the Website from time to time.

2.33. For the avoidance of doubt, a user who registers during the Founding Member Period and activates the Grand Opening Offer may obtain Founding Member Status notwithstanding that they are participating in a complimentary trial period.

2.34. To activate the Grand Opening Offer, users must complete the registration process and provide valid payment details through our nominated payment processor, even though no membership fee will be charged during the applicable complimentary trial period.

2.35. Unless cancelled before the end of the complimentary trial period, the applicable Silver Membership Package will automatically convert to a paid monthly Membership Package upon expiry of the complimentary trial period and the applicable membership fee will be charged using the payment method provided during registration.

2.36. By activating the Grand Opening Offer, you expressly authorise us and our payment processors to store your payment details and to charge the applicable membership fee upon expiry of the complimentary trial period and on each subsequent Renewal Date in accordance with these Terms.

2.37. You may cancel the Grand Opening Offer at any time before the end of the complimentary trial period through your Account, the Stripe customer portal or any other method approved by us. If you cancel before the expiry of the complimentary trial period, your Membership Package, access to the Website features associated with the Membership Package, and access to any Membership Package benefits will terminate immediately upon cancellation, and no membership fee will be charged.

2.38. Unless otherwise stated on the Website, users participating in the Grand Opening Offer may receive access to the benefits associated with the applicable Membership Package during the complimentary trial period, subject to these Terms.

2.39. We reserve the right to modify, suspend, withdraw or terminate the Grand Opening Offer at any time, provided that such modification, suspension, withdrawal or termination does not affect any rights already accrued by eligible participants except where reasonably necessary to comply with applicable law or regulatory requirements.

Referral Bonus

2.40. We may operate a referral program from time to time under which eligible users may receive referral rewards, including referral bonus entries (Referral Bonus Entries), MK Empire merchandise store credit, merchandise rewards or other benefits, as published on the Website. Such Referral Bonus Entries are subject to our Referral Terms and Conditions.

3. Renewal and Payment

3.1. You authorise MK Empire Rewards and our relevant payment processors (such as Stripe) to obtain payment from you for the Fees on the date that you purchased your Membership Package. By submitting your payment through our Website, you acknowledge and agree to be bound by the applicable terms and conditions of our third-party payment processors, including Stripe. These terms govern your use of their payment processing services and are in addition to our own terms.

3.2. If you have purchased a Membership Package you authorise our relevant payment processors (such as Stripe) to charge you the applicable Fees on the monthly anniversary of the date on which you purchased the Membership Package (or such other recurring monthly billing date notified by us from time to time) (Renewal Date). Additionally, you authorise the storage of your payment information as outlined in our Privacy Policy.

3.3. From time to time, MK Empire Rewards may offer various payment methods, including without limitation, payment by credit card, by debit card, by mobile payment providers or by payment gateway websites. When you select to pay MK Empire Rewards for a Membership Package, you authorise MK Empire Rewards to automatically charge you for each renewal on the Renewal Date through the payment method you selected when making your initial purchase. You further agree to continue to make payments using that payment method for the duration of your Membership Package. The parties agree that this authority will remain in force until either party validly terminates these Terms.

3.4. You acknowledge that your Membership Package is subject to automatic renewals at the end of each Membership Duration for a further term of the same duration as the expiring Membership Package for our then-current Fee and/or in accordance with your Membership Package or membership details, unless terminated earlier in accordance with these Terms.

3.5. You consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature for Membership Packages without further authorisation from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable Fees and you do not subsequently cancel your Membership Package.

3.6. You warrant and represent to us that at all times during the term of your Membership Duration you will ensure that we have valid and up to date payment details, including credit card details. It is your responsibility to ensure that all charges processed are accurate. You agree that you will notify us within 30 days from the billing date if any charge is not accurate after which you will be deemed to have accepted all charges and to have waived any claim regarding a disputed charge.

3.7. You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or bank account numbers.

3.8. Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us. Your non-termination or continued use of the Membership Package reaffirms that we are authorised to charge your Payment Method.

3.9. If any payment due to us is not paid by the due date, we reserve the right to, in addition to the rights set out in clause 3.10, suspend or cancel your Account and use of the Services without notice, including the right to delete your Account and any content affiliated with the Account. You must pay us for any costs or expenses we incur due to or in connection with your non-payment or breach of these Terms, including but not limited to any legal, enforcement or collection costs. You further acknowledge and agree that we have a right to charge interest at the rate of 10% p.a. on any unpaid overdue amounts owed to us starting from the due date until the overdue amount is fully paid.

3.10. If a payment is declined, reversed, refunded, disputed, subject to chargeback, or otherwise remains unpaid, we may suspend, restrict or remove some or all Membership Package benefits until the relevant payment issue is resolved. This may include, but is not limited to, suspension or removal of access to:

• (a) the member dashboard;
• (b) partner Deals, discounts and promotions;
• (c) scavenger hunt clues and member-only content;
• (d) referral rewards and referral program benefits;
• (e) complimentary entries into eligible Trade Promotions, competitions, giveaways and Major Draws;
• (f) Founding Member benefits and Founding Member bonus entries; and
• (g) any other benefits associated with the Membership Package

We will first allow you a reasonable period of no more than 5 working days to resolve the payment issue.

3.11. We may also reverse, remove or cancel any entries, rewards, bonus entries, credits, discounts, Deals, Founding Member benefits, referral rewards or other benefits allocated or provided in connection with a payment that is subsequently declined, reversed, refunded, disputed or subject to chargeback.We will first allow you a reasonable period of no more than 5 working days to resolve the payment issue.

4. Pricing

4.1. MK Empire Rewards reserves the right, in its sole discretion, to offer free trials and other promotions of its Services. You agree that all Fees for a Membership Package are subject to change in our sole discretion, we will notify you of any increase to the applicable Fees in the next billing cycle no later than 10 days before the end of the current billing cycle.

4.2. If we do not notify you 10 days before the end of your current billing cycle of any Fee increase, to the maximum extent permitted by law, your sole remedy will be to continue your current Membership Package at the price prior to the Fee increase for a period of 10 days following which, you may terminate the Membership Package with immediate effect (provided that you give us notice of termination within 10 days of the notice of the Fee increase) or you may continue the Membership Package at the increased Fee.

4.3. Unless specified otherwise, Fees displayed on our Website are shown in Australian dollars (AUD) and are exclusive of GST.

4.4. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you from the Website. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the Fees.

5. Cancellation

5.1. You may cancel your Membership Package at any time, provided that cancellation is requested at least 2 business days prior to your next Renewal Date, on the Account Settings page.

5.2. If you cancel your Membership Package, your Membership Package benefits will continue until the end of your then-current Membership Duration, but your Membership Package will not be renewed after that term expires. Subject to clause 5.4 and your rights under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), you will not be entitled to a prorated refund of any portion of the Fees paid for the then-current Membership Duration.

5.3. MK Empire Rewards provides remedies (such as cancellation of your Membership Package, a renewal of your Membership Package or where necessary, a refund of amounts paid) if the Membership Package is not provided in accordance with the Australian Consumer Law.

5.4. For the avoidance of doubt, except as required by the Australian Consumer Law or any other applicable law, all Fees paid for a Membership Package are non-refundable. We do not provide refunds, credits or prorated reimbursements for:

• (a) change of mind;
• (b) failure to use the Membership Package;
• (c) failure to redeem any Membership Package benefit;
• (d) cancellation by you before the end of the applicable Membership Duration; or
• (e) any unused portion of a Membership Package.

5.5. If you cancel your Membership Package as a result of our failure to provide the service, or in accordance with your rights under the Australian Consumer Law then you may be entitled to a refund in accordance with the Australian Consumer Law.

6. Discounts and events

6.1. By purchasing a Membership Package, you may receive access to discounts, promotions, events and offers (Deals) from us or third party service providers (Service Providers). For the avoidance of doubt, we are merely a platform that provides you with access to the Deals. You acknowledge and agree that we do not manage or run the Deals ourselves, unless specified in writing.

6.2. You acknowledge and agree that the Deals are subject to their own terms and conditions as set out in the Deal or event or as provided by the Service Provider.

6.3. You agree that, to the maximum extent permitted by law:

• a) we are not liable for any information published or provided by any Service Provider;
• b) we do not endorse any of the Service Providers or their goods/services;
• c) the Service Provider is solely liable and responsible for the Deals, the redemption of Deals, the operation and running of any Deals and the provision of its goods/services;
• d) you will direct any issues relating to the Deals to the Service Provider directly;
• e) we are not liable for any act, omission or negligence by any party in connection with the security and privacy of any information provided by you to a third party, including the Service Provider;
• f) we are not in any way liable for any punitive, special, indirect or consequential loss, damage or injury, loss of claim, costs incurred or paid by you, pursuant to or arising out of or in connection to any act, omission or negligence of any Service Provider including as a result of obtaining their goods/services, redeeming an Deal or attending an event; and
• g) we are not an agent for the Service Provider and have no responsibility or liability for the communications or conduct of the Service Provider, including but not limited to any fulfilment of a Deal, or quality of the event or the goods or services provided by a Service Provider.

6.4. We reserve the right to deactivate, cancel or remove any Deal at any time and for any reason with written notice to you.

6.5. You agree that the Service Provider may, in its sole discretion, reject the redemption of a Deal if your redemption of such Deal breaches the Deal’s terms and conditions or other terms and conditions and policies set by the Service Provider.

6.6. Deals cannot be transferred or redeemed for cash and are not legal tenders.

7. Trade Promotions

7.1. If you make a purchase with us, including a purchase of a Membership Package, you may receive entries into a competition, contest, giveaway or trade promotion conducted by us (Trade Promotion(s)). You acknowledge and agree that each Trade Promotion is subject to its own terms and conditions (Trade Promotion Terms) as provided on the relevant Trade Promotion webpage, including eligibility requirements. You hereby further acknowledge and agree to comply with Trade Promotion Terms.

7.2. Upon cancellation of your Membership Package, your agreement to the Trade Promotion Terms, and entries into trade promotions which commenced before the end of your then-current Membership Duration, will still be valid until that Trade Promotion is no longer valid. You agree to abide by the Trade Promotion Terms and these Terms until that Trade Promotion is over.

7.3. Subject applicable laws and the relevant Trade Promotion Terms, we reserve the right to modify, suspend or terminate any Trade Promotions in our sole discretion.

7.4. You acknowledge and agree:

• a) that any and all disputes, claims and causes of action arising out of or in connection with your Membership Package, any Trade Promotion or any prizes, must be resolved individually without any form of class action;
• b) that in addition to the limitation of liability in clause 14, any claims, judgments and awards will be limited to actual out-of-pocket costs incurred in entering into any Trade Promotion, and under no circumstances will MK Empire Rewards be liable for any legal fees;
• c) to waive all potential rights to punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket expenses incurred in entering into or participating in any Trade Promotion; and
• d) in the event any Trade Promotions are compromised by non-authorised human intervention, tampering or other causes beyond the reasonable control of MK Empire Rewards, that corrupt or impair the administration, security, fairness or proper operation of any Trade Promotion associated with the Membership Package, MK Empire Rewards reserves the right to suspend, modify or terminate your Membership Package and/or your entry into such Trade Promotion.

7.5. If you choose to participate in any Trade Promotion and are selected as a winner, you agree that MK Empire Rewards may use your name (either in full or part), likeness, voice and image (including any photograph) in any marketing and you will not be entitled to any fee for such use. You acknowledge and agree to this as a condition of entry to any Trade Promotion.

7.6. This clause survives termination of these Terms.

8. Your information, errors and access

Current Information Required

8.1. You agree to ensure that any billing information provided to us is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).

8.2. Where your chosen payment method at the time of purchase of a Membership Package changes or is cancelled (for example, due to loss or theft) or if you are aware of a potential breach of security related to your chosen payment method, you agree to notify MK Empire Rewards immediately. Failure to do so may result in charges being made to your current payment method for the Membership Package, and you acknowledge that you remain responsible for these charges if payment is not successful.

Errors and Incorrect Payments

8.3. MK Empire Rewards reserves the right to correct any errors or mistakes that may result in incorrect payment for any Services, including your Membership Package and may, in its absolute discretion, return or refund all or some of the amount of the incorrect payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made.

9. Termination

9.1. You may terminate your Membership Package by cancelling via the Account Settings and your Membership Package will terminate at the end of your Membership Duration.

9.2. Without prejudice to any other remedies, MK Empire Rewards may immediately terminate these Terms or terminate or limit your access to, or suspend your access to or use of, the Services, Membership Package and Website, in its absolute discretion, at any time and without notice to you if:

• a) you are in breach of any obligation under these Terms which has not been remedied after seven (7) days’ written notice;
• b) you have breached these Terms and that breach is not capable of remedy;
• c) any money payable to MK Empire Rewards becomes overdue, or in MK Empire Rewards’ opinion, if you will be unable to make a payment when it falls due;
• d) you become or are suspected to be, insolvent, convene a meeting with your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of your creditors; or
• e) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any of your assets, and

any amounts owing to MK Empire Rewards at the time of the suspension or termination shall become immediately due and payable.

9.3. On termination of these Terms and your Membership in accordance with clause 9.2, MK Empire Rewards shall be released from its obligations to you under these Terms and shall not be liable to refund to you any pre-paid Fees or for any loss caused to you by such action. If your Membership has been terminated due to your breach, you agree that you will not create another account on our Website without the prior written consent of MK Empire Rewards.

9.4. MK Empire Rewards may terminate these Terms at any time and for any reason on five (5) days' notice without the requirement to provide you with reasons. If MK Empire Rewards terminates these Terms under this clause 9.4, then MK Empire Rewards may, at its election:

• a) continue to provide your Membership Package benefits until the end of your current Membership Duration and cease providing the Membership Package after that term expires; or
• b) immediately cease providing the Services or Membership Package benefits on the expiry of the notice period and provide a prorated refund of any portion of the Fees paid by you for the remaining Membership Duration of your existing Membership Package.

MK Empire Rewards will not be liable to you for any further loss or damage arising out of or in connection with MK Empire Rewards exercising its rights under this clause.

9.5. You acknowledge and agree that MK Empire Rewards may suspend the Services and suspend your access to the Website and Services or any part thereof until any relevant Fees have been paid in full or until any breach of these Terms is remedied.

9.6. Upon termination of these Terms, MK Empire Rewards may immediately remove any access to the Website, disable the Services and/or delete your Account and data.

10. Intellectual Property

10.1. All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Website and Services are owned by, or licensed to MK Empire Rewards, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.

10.2. You may access and use the information provided on our Website, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of MK Empire Rewards.

10.3. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of MK Empire Rewards’ intellectual property rights, whether by estoppel, implication or otherwise. MK Empire Rewards reserves all rights not expressly granted in the Services.

11. Privacy

11.1. You agree to allow MK Empire Rewards to send you emails regarding the Website and the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.

12. Unauthorised access and malicious materials

12.1. You must not attempt to, or actually gain, unauthorised access to our Website and Services, the server on which our Website is stored or any server, computer or database connected to our Website. You agree that you will not cause harm to our Website by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website or other users of our Website and Services.

12.2. To the maximum extent permitted by law, MK Empire Rewards will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Website and Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.

13. Third Parties

13.1. Our Website and Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links in the Website and Services to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.

13.2. MK Empire Rewards makes no representations or warranties regarding any third party goods, services and Deals and takes no responsibility and assumes no liability for any third-party goods, services or Deals. Third-party goods, services and Deals are subject to the applicable terms and policies of the third parties that offer them.

14. Limitation of Liability

14.1. To the maximum extent permitted by law, neither MK Empire Rewards, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

• a) any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained, obtained through or in our Services and Website;
• b) any use of the information on or access to the Website and Services including if for any reason the Services are unavailable at any time or for any period;
• c) any errors in, or omissions from, the information contained in the Website or Services;
• d) any goods or services supplied by MK Empire Rewards; or
• e) these Terms or any breach of these Terms.

14.2. You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Website and Services, that you will be responsible for those consequences.

14.3. To the maximum extent permitted by law, MK Empire Rewards’ liability under these Terms shall be limited to any one or more of the following:

• a) the replacement of the goods or re-supply of equivalent goods or services;
• b) the repair of such goods or services;
• c) the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or
• d) the payment of the cost of having the goods repaired or services re-supplied.

14.4. To the extent permitted by law, MK Empire Rewards expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under the Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.

14.5. This clause survives termination of these Terms.

15. Disclaimer of Warranty

15.1. MK Empire Rewards provides the Sites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Sites regularly, neither MK Empire Rewards, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Sites.

15.2. We reserve the right to restrict access to the Website and the Services or any part thereof, change or withdraw any goods, information or content featured in the Website or Services or provided through our Website or Services, without notice. You acknowledge and agree that we retain complete editorial control over the Website and Services and may alter, amend or cease the operation of the Website and Services or any part thereof, at any time, in our sole discretion.

16. Release and Indemnity

16.1. You agree to release, indemnify and hold MK Empire Rewards and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from MK Empire Rewards, your use of or access to the Website and Services, or any access to the Website and Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

16.2. This clause survives termination of these Terms.

17. Amendments and correction of errors

17.1. MK Empire Rewards reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published.

17.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on the Website or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.

17.3. MK Empire Rewards reserves the right to amend any errors in the Website and Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.

18. General

18.1. Waiver: Any failure or delay by MK Empire Rewards in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent MK Empire Rewards from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.

18.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that we are unable to perform the obligation. You agree that MK Empire Rewards will not be held liable for any delay or failure in performance of any part of the Services or delivery of goods.

18.3. Severability: If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.

18.4. Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between MK Empire Rewards and you or any other party unless expressly stated otherwise.

18.5. Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Website and Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.

18.6. Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Website and Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, the Website or the Services, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Website or Services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.