Hachiko Rewards Portal Terms and Conditions

Please review these terms (the “Agreement”) carefully. By accessing or using the Hachiko Rewards Portal offered by Hachiko Pty Ltd ACN 159 809 257 (“Hachiko”, “we”, “us” or “our”), you are confirming that you have read, understand and accept this Agreement. This Agreement can be updated by Hachiko from time to time. You are responsible for regularly reviewing the most current version of this Agreement, which is published at: https://hachikorewards.com.au/terms , though we will notify you of any changes that, in our sole discretion, materially impact this Agreement. Continued use of the Hachiko Rewards Portal (including receipt of any rewards or any benefit from the Hachiko Rewards Portal) after any such changes have been made will constitute your consent to such changes. When we change this Agreement, we will update the “Last Modified” date above.

This Agreement applies to the “Hachiko Rewards Portal”, which are rewards that you access or procure through https://[clientname].hachikorewards.com.au (this does not include any orders submitted outside this Portal), as further defined below. Other terms may also apply to your use of the Hachiko Rewards Portal, as outlined here https://hachiko.com.au/terms-and-conditions/.

By using our Hachiko Rewards Portal, you confirm that:
(A) You will only use our Hachiko Rewards Portal for business and professional reasons;

(B) You are an Australian resident who is at least 18 years old or otherwise able to enter into a legally binding agreement;

(C) You accept and will comply with this Agreement as well with other terms, conditions, notices and disclaimers contained elsewhere on our website that apply to any aspect of the Hachiko Rewards Portal that you choose to use;

(D) If you are using our Hachiko Rewards Portal as an authorised representative of your organisation, you have the power to enter into legally binding agreements for the organisation; and

(E) You are responsible for anyone that uses the Hachiko Rewards Portal using your account or login credentials, such as your employees, consultants or contractors (“Authorised Users”).

Hachiko Terminology

  1. We use capitalisation for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.
    “Rewards” is a generic term that means all gift cards that appears on our Hachiko Rewards Portal.
    “Submitted Order” is purchases that you or your Authorised Users place on our Hachiko Rewards Portal.
    “Hachiko Rewards Portal” means Hachiko’s Self-Serve rewards ordering website.
    “you”, “your”, and similar terms mean the person or legal entity accessing or using the Self-Serve Portal. For the avoidance of doubt, if you are accessing and using the Hachiko Rewards Portal on behalf of a company (such as your employer) or other legal entity, “you”, “your” means the company or other legal entity that you are using the Hachiko Rewards Portal on behalf of.
    “Third Party” are in other words, someone other than you who creates and submits an order via the Hachiko Rewards Portal. For example, someone you share your login credentials to submit an order on your behalf.

Hachiko Rewards Portal

  1. Subject to the rest of this Agreement, we will allow you and your Authorised Users to access and use our Hachiko Rewards Portal in the way set out as approved by your employer, to procure rewards for your authorised distribution. You may not use the Hachiko Rewards Portal to distribute rewards in any unauthorised way.
  2. Our Hachiko Rewards Portal evolves constantly. We may change our Hachiko Rewards Portal, such as by changing, adding, or removing features at any time, for any reason at our discretion. We may or may not provide notice of those changes to you.
  3. Our Hachiko Rewards Portal allows for you to interact and make immediate procurement of rewards, which we do not control nor take responsibility for. If at any time a reward is processed by you in error, you may ask Hachiko for assistance however we cannot guarantee remedy nor refund.

Acceptable Use

  1. If we reasonably believe that you have breached any applicable law or the terms of this Agreement, we may, at any time and without notice, suspend, restrict, or terminate your account, your employer’s account and/or your access to the Hachiko Rewards Portal.

Rewards Ordered

  1. You are solely responsible for Orders Submitted and rewards ordered. We may, but do not have to, cancel, or refund any rewards purchased.

Submitted Orders

  1. If you use the Hachiko Rewards Portal for ordering rewards or otherwise ask people to submit orders through the Hachiko Rewards Portal (“Submitted Order”), you acknowledge and agree that:

(A) the Hachiko Rewards Portal does not help you comply with any employer rules, or regulations that may apply to your responsibility to place orders with suppliers, which is solely your responsibility; and

(B) all Submitted Orders made through the Hachiko Rewards Portal using your login credentials are payable under Hachiko’s payment terms.

Account Information

  1. You are responsible for the completeness, security, confidentiality and accuracy of the account and login credentials provided. You will promptly notify us of any unauthorised access to or use of your log-in credentials or account.

Sharing Passwords to a Third-Party

  1. We are not responsible for Orders Submitted by unauthorised Third Parties. You and anyone else who accesses our Hachiko Rewards Portal using your login credentials may access rewards ordering. We will not be liable to you, or any Third Party for unauthorised Submitted Orders placed.
  2. If you share the Hachiko Rewards Portal login credentials with a Third Party, you do so at your own risk. Your relationship with the Third-Party is an agreement between you and them. You specifically understand that we are not responsible for Third-Parties and will not be liable to you or your employer for any losses or damages resulting from their use of the Hachiko Rewards Portal.
  3. We may, but do not have to, verify, flag, filter, block or remove Third-Party users.

Payment Terms

  1. Fees. You must pay all fees for the Hachiko Rewards Portal you purchase. If you sign up for Hachiko Rewards Portal we will charge you automatically for each Submitted Order.
  2. Terms. The Hachiko Standard Payment Terms apply to your purchases through the Rewards Self-Service Portal.
  3. Taxes. You are responsible for paying all taxes as outlined on your Hachiko invoice. https://hachiko.com.au/terms-and-conditions/

Cancellation and Termination of Hachiko Rewards Portal

  1. You may cancel your Hachiko Rewards Portal account at any time. You must pay for all outstanding invoices, and you are not entitled to a refund. We reserve the right to cancel your membership and your account, and terminate your use of the Hachiko Rewards Portal at any time, without cause or reason by giving you 30 days’ notice. In addition, we may cancel your membership and your account, and terminate your use of the Hachiko Rewards Portal, immediately without notice, if we have evidence or reason to believe that you:

(A) have breached the Agreement , and failed to remedy that breach within 7 days of receiving notice of the breach;

(B) have materially breached the Agreement;

(C) have engaged in illegal, fraudulent, deceptive or dishonest conduct;

(D) die or become unsound of mind or become bankrupt.

Disclaimer of Warranties and Limitation of Liability

  1. To the maximum extent permitted by law, we offer our Hachiko Rewards Portal “as is” and are not making any warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that our Hachiko Rewards Portal will meet your requirements or that our Hachiko Rewards Portal will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. Use our Hachiko Rewards Portal at your own risk. You hereby release us and our affiliates and the directors, officers, employees, agents, licensors and service providers of Hachiko Pty Ltd and our affiliates (the “Hachiko Parties”) from any claims, known or unknown, you have against them.
  2. We will not be liable for indirect, punitive, incidental, special, consequential or exemplary damages, or for loss of profits, goodwill or data or other intangible losses, that result from the use of, or inability to use, our Hachiko Rewards Portal or any other aspect of this Agreement. Under no circumstances will we be liable for any activities of third parties, any connection to or transmission from the Internet, or for any damage, loss or injury resulting from hacking, tampering, theft or other unauthorised access to or use of our Hachiko Rewards Portal or your account or the information contained in your account, including rewards disbursed. To the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to the Agreement, the Hachiko Rewards Portal which is not excluded in accordance with clause 17, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to $100.
  3. No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.
  4. If you are dissatisfied with our Hachiko Rewards Portal or believe that you’ve been harmed by your use of our Hachiko Rewards Portal or this Agreement, you may terminate your use of our Hachiko Rewards Portal. That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement.

Privacy

  1. We collect, hold and disclose your personal information in accordance with our Privacy Policy available at https://hachiko.com.au/privacy-policy.

Anti-money laundering and counter-terrorism financing

  1. You acknowledge that:

(A) we are subject to various Anti- Money Laundering and Counter-Terrorism Financing laws (AML/CTF) which include prohibitions against any person dealing with the proceeds of, or assets used in, criminal activity (wherever committed) and from dealing with any funds or assets of, or the provision of finance to, any person or entity involved (or suspected of involvement) in terrorism or any terrorist act; and

(B) the AML/CTF laws may prohibit us from offering services to you, or entering into or conducting transactions with you.

  1. You agree that we:

(A) are not required to accept or execute any instruction, or take any other action under, or in connection with, this Agreement if we are not satisfied as to your identity, or where we suspect on reasonable grounds that by doing so we may breach the AML/CTF laws;

(B) may delay, block or refuse to release any monies on your instructions, if we believe on reasonable grounds that to do so may breach any law in Australia or of any other country, including the AML/CTF laws; and

(C) will incur no liability to you for any loss you suffer (including consequential loss) however caused by reason of any action taken or not taken by us contemplated in this clause 22.

(D) You agree to provide all information and documents to us which we reasonably require to comply with any law in Australia or any other country, including the AML/CTF laws and agree that we may disclose information which you provide to us, or about transactions you conduct, or seek to conduct, with us where we required are to do so by any such laws.
You undertake that the payment of monies in accordance with these Agreement or any instructions given by you will not breach the AML/CTF laws.

Governing Law

  1. The Agreement is governed by the laws of New South Wales, Australia. We and you submit to the non-exclusive jurisdiction of the courts of New South Wales and any court that may hear appeals from any of those courts.