Will these Terms ever change?
What about my privacy?
What are the basics of using a Karmified Card?
Are there restrictions in how I can use the Services?
What are my rights in the Services?
What about messaging and communications?
Will the Services ever change?
Do the Services cost anything?
What if I want to stop using the Services?
Contests, Sweepstakes, and Promotions
What else do I need to know?
Karmified Cashback Donation Program
General
Effective date: 19 June 2023
Please read on to learn the rules and restrictions that govern your use of the following online services: (i) the Karmify Card page located at getkarmacard.com, and all of our other websites to which these Terms are posted (the“Websites”), and (ii) any services, content, communications, and product features relating to the Website and Application ((i) through (ii) collectively, the “Services”).
These Terms of Service (the “Terms”) are a binding contract between you and Karma Corporation. (“Company”, “we”, “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
MEDIATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, MEDIATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS- WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may change along with our Services. We reserve the right to change the Terms at any time. If you disagree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
What about my privacy?
The Company takes the privacy of its members very seriously. For the latest Privacy Policy, please click here.
What are the basics of using a Karmified Card?
1. Karma User Account
When you sign up on Karma (getkarmacard.com), your Karma User Account will be created. This account can be used to apply for a Karma Card and activate your Karma Card Account. You can also use your Karma User Account to connect and link your other debit/credit cards and donate cashback (Karmified Cards). Your Karma Card is different from your Karmified Card. These terms govern the usage of your Karmified Card and Karma User Account.
2. Eligibility
You must be at least eighteen (18) years old to use the Services. You represent and warrant that (i) you are an individual of at least eighteen (18) years old (and the age of majority in the jurisdiction in which you reside to form a binding contract); (ii) you have not previously been suspended, removed or deactivated from the Services; (iii) you are a legal resident of the United States. A business cannot register for these Services.
3. Identity Verification
You hereby authorize the Company, directly or through third parties, Partner and Bank, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third-party databases or through other sources.
4. Personal and Non-commercial Use Only
You may not create more than one (1) Karma User account. You will only use the Services for your own personal and non-commercial use, not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services.We cannot and will not be responsible for your using the Services in a way that breaks the law.
How does the Karmified Card work?
When you connect your debit or credit card with your Karma User Account, you will be eligible to get up to 5% cashback on purchases done online or offline at participating merchant stores. This cashback is subject to terms and conditions of our service partners and participating stores. If your debit or credit card issuing bank has an existing relationship with our cashback service provider, transactions done using your Karmified Card will not qualify for cashback under these terms. The cashback you receive shall be donated to a charity of your choice from the list of charities available on the website.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not contribute any content or member submission or otherwise use the Services or interact with the Services in a manner that:
(a) infringes or violates the intellectual property rights or any other rights of anyone else including the Company;
(b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by the Company;
(c ) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) violates the security of any computer network, or cracks any passwords or security encryption codes;
(f) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(g) copies or stores any significant portion of the content of the website;
(h) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
(i) are intended for commercial use.
A violation of any of the aforementioned is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws from our current commercial use.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii)in a way that violates someone else’s including the Company’s rights.
Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that the Company owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this Section still apply.
What about messaging and communications?
We may provide all Communications (notices, disclosures, communication, agreements etc.) electronically by email, or to the mobile phone number you provided, or by making them accessible via a Servicer-powered website or mobile application. If you choose not to agree to this consent or you withdraw your consent, you may be restricted from using the Services.You can change your mobile phone number or email address by sending a message through help@getkarmacard.com. When you give us your mobile number, we have your consent to contact you at that number about your Karma User Account. Your consent allows us to use text messaging, artificial or prerecorded voice messages, and automatic dialing technology for informational and service calls, but not for telemarketing or sales calls. This Communication may include contact from companies working on our behalf to service your Karma User Account. Message and data rates may apply. You may change these texting and messaging preferences by sending a message to help@getkarmacard.com.
Will the Services ever change?
We are always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
There is no charge to Karmify your existing debit or credit card. You will be informed if and when any charges are levied on Karmifying Cards.
What if I want to stop using the Services?
You’re free to do that at any time by contacting our Customer Support; please refer to our Privacy Policy, to understand how we treat information you provide to us after you have stopped using our Services. The Company is also free to terminate (or suspend access to) your use of the Services or your account for any reason at our discretion, including your breach of these Terms. The Company has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Any termination by the Company of the Services provided on behalf of the cashback partner or the card connecting partner may result in the closure of your Karma User Account. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration and mediation agreement.
Contests, Sweepstakes, and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Services will be governed by rules that are separate from these Terms. If you participate in any of the Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
What else do I need to know?
Warranty Disclaimer. The Company and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns ( together, the “Karma Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Karma Card Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Karma Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY THE COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Liability for Failure to Complete Transactions. Our card connecting partner may decline to authorize a transaction for any reason, and we are not responsible for any losses you may incur if a transaction is not authorized. You understand that any person may deny acceptance of or refuse to accept your Karmified Card and we are not responsible for such denial or refusal. In no event the Company will be liable for indirect or consequential damages (including lost profits), extraordinary damages, special or punitive damages.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE KARMA PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE- HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO THE COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, THUS, THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Karma Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), Karma User Account, Karmified Card, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Karma Card’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
In the event of a controversy, dispute or claim arising out of, in connection with, or in relation to the interpretation, performance, nonperformance, validity or breach of these Terms and Conditions or otherwise arising out of, or in any way related to these Terms and Conditions, or the transactions contemplated hereby, including without limitation, any claim based on contract, tort, statute or constitution, You agree to negotiate in good faith to resolve such disputes prior to instituting any action or proceeding in courts. You shall give 30 days written notice to the Company with a brief description of the dispute and shall negotiate for a reasonable period of time to settle such dispute.
Any action or proceeding arising out of or under these Terms and Conditions will be instituted in the State of Delaware and each party submits to exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and the Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and the Company, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of the Company, and you do not have any authority of any kind to bind the Company in any respect whatsoever.
Karmified Cashback Donation Program
You will earn and accrue cashback based on purchase activity and usage of your Karmified Card (as defined in the Agreement), according to the active Donation Cashback earnings scale.
“Net Merchandise Purchases”means purchases of merchandise or services on the Karma User Account, less any returned merchandise credits or service credits posted to the Karma User Account. Net Merchandise Purchases does not include cash withdrawals or any associated fees, charges, traveler’s checks, money orders or associated fees, money transfers or other fees, gaming chips, or fees or premiums for coverage or insurance to protect the balances of a Karma User Account holder.
Merchants who accept the Karma Card are assigned a merchant code, which is determined by the merchant or its processor in accordance with card brand procedures based on the kinds of products and services they primarily sell.
As such, even though a merchant may sell retail items that may be similar to retail items sold by another merchant, the merchants may not have the same merchant code, and therefore the purchases at the merchants may not be included in the same category for the purposes of earning Donation Cashback.
Net Merchandise Purchases must be submitted by merchants using the identified merchant category codes to qualify for earning Donation Cashback. We are not responsible for incorrectly coded transactions. Additionally, purchases made through third parties, including resellers, or using a third-party payment account may not be eligible for accruing Donation Cashback.
Karma Corporation reserves the right to remove merchants from the Donation Cashback Program in its sole discretion including when required by local laws, rules, or regulations. Questions concerning eligible transactions and what constitutes Net Merchandise Purchases will be determined in the sole discretion of Karma Corporation.
The Donation Cashback you earn will be credited to Karma Card on a monthly basis when transactions post to your Karma Card. We encourage you to frequently review your Karma Card Account.
Once posted to Karma User Account, these Donation Cashback are available to you and shall be utilized to donate the same to your designated charities powered by Benevity.
There is no limit on the total Donation Cashback you can earn each year. Donation Cashback statements will be made available through the application. The frequency, timing, content or layout of the Donation Cashback statements are subject to change from time-to-time at the discretion of the Company.
General
The Company reserves the right, in its sole discretion, to suspend, cancel or modify the Donation Cashback Program at any time and for any reason and without prior notice. Administrative services may be provided by third party service providers.
The Company reserves the right, in its sole discretion, to add, delete, change or revise the Terms and Conditions of the Donation Cashback Program including, but not limited to, qualifications for participation in the Program, Program features or procedures, the imposition or discontinuance of special promotions or offers, additions, deletions or revisions of Donation Cashback offered, revisions of the amount of Donation Cashback required for Redemption, revisions of cashback caps, limitations or expiration periods, revisions to disqualifying events or the imposition of new, revised or additional Program terms.
You will be responsible for both determining and paying any federal, state or local taxes, fees or other charges, if any, that may be imposed by any governmental or regulatory authority on Rewards obtained through the redemption of Donation Cashback, whether or not such taxes, fees or other charges are imposed at the time of Donation Cashback redemption or subsequently. Should the Company be required to report taxes, tax reporting, if any, will be made to the tax ID number of the account holder, based on our records.
The Program is owned and administered by the Company, and is subject to all applicable laws and regulations. You must be an individual and use the Karma User Account only for lawful personal, family or household purposes, and not for any business, commercial or investment purpose.
You agree to indemnify and hold the Company, our third-party service providers and their respective affiliates, directors, officers, employees, agents and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from Your or an authorized user’s: (i) use of the Program; (ii) any fraud or misuse of the Program; (iii) violation of these Terms and Conditions; and/or (iv) violation of any applicable law or the rights of any third party.
While Donation Cashbacks do not expire, they may automatically be donated, canceled, or forfeited. We may temporarily or permanently suspend your ability to earn Donation Cashback at any time, with or without cause. The Company reserves the right, in its sole discretion, to disqualify you or any authorized user on Karma User Account from participation in the Program and to cancel or invalidate any Donation Cashback in the following events: (i) Your Karma User Account balance is negative for a period of time exceeding 30 days or any other time, as determined by the Company in its sole discretion; (ii) Your Karma User Account is in default under the Agreement; (iii) You or we close your Karma User Account for any reason; (iv) in cases of actual or suspected abuse, fraud, violations of the Terms and Conditions or any actual or suspected abuse or fraud with respect to the Karma User Account or the Donation Cashback accumulated, or we otherwise suspect or believe You or anybody else from your Karma User account have engaged in activity that we deem to be abusive or “gaming” conduct under the Program, as determined in our sole discretion.
Neither the Company nor its third party service providers, their respective employees, officers, affiliates or agents will be liable to you for any action or inaction any of them take or fail to take with respect to the Donation Cashback Program or any changes in the Terms and Conditions of the Program. Neither the Company nor its third party service providers, their respective employees, officers, affiliates or agents assumes any responsibility for, and will not be liable for, any financial loss, personal injury, property loss or damage, other loss, accident, delay, inconvenience, or irregularity which You may suffer by reason of any act, default, non performance or wrongful, careless, negligent, or unauthorized act or omission of any Program supplier, its employees, or any third party.
Neither the Company nor its third party service providers, their respective employees, officers, affiliates or agents will be responsible for any errors or omissions, or for any bodily injury or property damage that may result from participation in the Program nor for any damage, loss or expense of any nature resulting from the usage of any Donation Cashback, defects in any Donation Cashback or from any cancellation irregularity or mishap affecting the Donation Cashback received through the Program.
In no event shall we or any of our affiliates or agents be responsible or liable to you, or anyone claiming through you or on Your behalf, for any direct, indirect, special, exemplary, punitive or consequential damages, including without limitation lost revenue, lost profits, or lost opportunity, arising out of or relating to any of the acts or omissions of the Company or any of our respective affiliates or agents, or otherwise in connection with or relating to the Program or its administration, or that result from the use of or inability to use the Program, even if we have been made aware of the possibility of such damages.
In addition, we make no warranty or representation either expressed or implied, and expressly disclaim any and all liability and damages with respect to type, quality or fitness for use of goods or services provided through this Program or otherwise obtained by you in connection with the Program or through the use of redeemed Donation Cashback.
You agree to notify the Company promptly upon the receipt of your Donation Cashback statement of any errors relating to the addition or deletion of cashback accumulated but in no event later than sixty (60) days after the error appeared on your Donation Cashback summary. We reserve the right (but are not required) to correct inaccurate cashback values represented in your Donation Cashback summary, and to adjust cashback values at our sole discretion.
All trademarks, service marks and trade names used in this Program are with the permission of the respective Program suppliers. Program suppliers are in no way affiliated with the Company, nor are they considered sponsors or co-sponsors of this Program. All trademarks, service marks and trade names used by the Company in this Program, including the Karma Card Donation Cashback Program design are property of the Company. No use of these may be made without the prior written authorization of the Company.
These Terms and Conditions constitute the entire agreement between you and the Company with respect to the subject matter described herein, and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Agreement.
You may not assign any of your rights or obligations under these Terms and Conditions, in whole or in part, without our prior written consent. We may assign our rights and/or obligations under these Terms and Conditions, in whole or in part, without your consent. We may waive or delay enforcing any of our rights herein without losing them. Neither we nor our service providers are responsible for any disputes between you and a merchant relating to a transaction or goods or services. Any claim or dispute arising from or relating to these Terms and Conditions or to the Program will be governed by and construed in accordance with Delaware law (without regard to its conflicts of law principles) and as applicable, federal law. To the extent permitted by applicable law, these Terms and Conditions disclaim any implied contractual terms or obligations.
In the event of a controversy, dispute or claim arising out of, in connection with, or in relation to the interpretation, performance, nonperformance, validity or breach of these Terms and Conditions or otherwise arising out of, or in any way related to these Terms and Conditions, or the transactions contemplated hereby, including without limitation, any claim based on contract, tort, statute or constitution, You agree to negotiate in good faith to resolve such disputes prior to instituting any action or proceeding in courts. You shall give 30 days written notice to the Company with a brief description of the dispute and shall negotiate for a reasonable period of time to settle such dispute.
Any action or proceeding arising out of or under these Terms and Conditions will be instituted in the State of Delaware and each party submits to exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
By accumulating Karma Card Donation Cashback and redeeming the said Donation Cashback under the Program, you agree to all of the Program features, limitations and restrictions contained in these Terms and Conditions as well as any additional terms and conditions contained in any additional Programs, promotions or transactions that may be offered to you from time-to-time and any terms and conditions contained in any certificate, coupon or document issued to you.