Culture Kite User Terms and Conditions

  1. App Overview By downloading the app and accessing the discounts on the app or the website, you agree that you have read and understood these Terms and Conditions and are bound by them. You consent to Culture Kite collecting, using and disclosure of your personal information in accordance with the separate Culture Kite Privacy Policy. All Culture Kite products, customised products, as well as the partners who provide offers on this Site, are subject to availability. Culture Kite takes no responsibility for any products, services, or promotions that are discounted, sold out or temporarily unavailable. These Terms and Conditions are governed by and will be construed in accordance with the laws of Australia.
  2. Defined Terms Coupons : A special or discount provided by a partner that can be redeemed in store or online with an activation code. Activation Code: A code which is provided to a customer when they purchase a Culture Kite product. The code must be activated to commence the Users discount.
    Participating Merchants: A partner merchant that participates in the Culture Kite App and honours the associated Offers. Purchase Date: The date of purchase of a Culture Kite Product, where the customer is provided with an Activation Code. Offer: Those features of the App that provide users with access to discounts on dining, travel, shopping and other categories. Offers may change from time to time without notice. Other Offers: Other promotions and special Offers which may be offered to you from time to time.
  3. Joining Culture Kite Customers can join Culture Kite by downloading the app and registering your details. Coupons can be redeemed by activating it online on the Culture Kite App, Customers can view the full range of Culture Kite products online or on the app. Products and pricing are subject to change from time to time. Users must provide a valid email address and mobile number and create a unique password when joining or activating their Culture Kite app, which will be used to log into a user’s online account and the Culture Kite app. Users are responsible for maintaining the secrecy of their password and can change it at any time. Culture Kite takes no responsibility for any loss arising from unauthorised use of a user’s password or a user’s failure to comply with these provisions.
  4. Using the App Culture Kite Offers can be accessed via the Culture Kite App and redeemed at Participating Merchants. Culture Kite offers are not transferable, not redeemable for cash and are non-refundable. Culture Kite app are valid for ongoing and free to download. User access can be revoked by Culture Kite at any time, in its sole discretion and without compensation, for any reason including but not limited to: abuse or breach of any of the Terms and Conditions of the app, any actions deemed by Culture Kite to be contrary to Culture Kite, the interests of its users or partners or in the case of fraud or misuse. Culture Kite assumes no liability whatsoever, including without limitation, liability for any expense, loss, cost, injury, damage, accident or any other matter or thing whatsoever, however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to the app or by reason of the termination of or amendment to the app in whole or in part, the value or availability of Offers, or the addition or deletion of Offers, Participating Merchants or other features with or without notice. Neither Culture Kite nor its respective officers, agents, employees and related bodies corporate shall be responsible for any failure of the Culturekite.com.au website or Culture Kite app for any problems or technical malfunction of a telephone network or lines, computer online systems, servers, access providers, computer equipment, software, failure of any e-mail, online or Internet entry, technical problems, traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any computer or property related to or resulting from participating in or downloading any material relating to the app. Culture Kite reserves the right, at its sole discretion, to cancel or suspend this app should a virus, bug or any other cause beyond the reasonable control of Culture Kite corrupt the security or proper administration of the App. Any attempt to deliberately damage any website or app or to undermine the legitimate operation of the App is a violation of criminal and civil laws and should such an attempt be made, Culture Kite reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
  1. Marketing, Promotions and Personal Information By registering for the app, users will be automatically enrolled into and consent to, receiving marketing communications. It is the responsibility of the user to set their own communication preferences by logging into their account and selecting what they wish to receive and not receive or by selecting to opt-out of receiving email communications by selecting unsubscribe on the email footers. Users are responsible for keeping the information in their account up to date including by not limited to their name, e-mail address, mobile phone number and date of birth.
  2. Offers Offers are only available at Participating Merchants and vary between region. Offers are for personal use only, and cannot be assigned, traded or otherwise transferred in accordance with the Terms and Conditions of the App. Any assignment or transfer in violation of these rules will be void, and may, at the sole discretion of Culture Kite, result in the loss of access to the app.

  3. Competitions Culture Kite may also from time to time make available to users promotions and competitions (collectively, “Competitions”). Where applicable, Users may enter Competitions by meeting the entry criteria specified on each Competition. We may publish names of winners of Competition prizes. Each Competition will be subject to any individual terms and conditions specified on the Website. However, some of the standard terms and conditions are as follows: • Awards and prizes must be taken intact as offered and are not transferable, exchangeable or redeemable for cash; • If a person otherwise entitled to an award or prize is under the age 18, we reserve the right to instead give the award or prize to that person’s parent or guardian; • If an award or prize is unavailable for any reason, we reserve the right to substitute an award or prize of equal or greater value;

    Culture Kite’ decision on all matters relating to a Competition will be final and not subject to challenge or review. Offers may not be redeemed in conjunction with any other promotional offers including, but not limited to, promotional discounted ticket offers. Neither Culture Kite nor our officers, agents, employees and related bodies corporate make any representation or warranty as to the quality, suitability or merchantability of any goods or services offered or given as awards or prizes.

  1. Privacy Culture Kite and its respective officers, agents, employees and related bodies corporate (collectively, “we” or “our”) are committed to protecting your privacy. We collect your personal information for the following purposes to: • Process and issue offers; • Allow Users to participate in promotions and competitions; • communicate with Users , to deliver a e-newsletters, surveys and SMS communications; • Understand Member needs and preferences, and to provide Users with products and services that meet their needs or interests; • Recommend our products and services, or the products and services of third parties we select that may be of interest to Users ; • Provide Users with special offers and rewards from Culture Kite and our sponsors and reward partners; • Facilitate or enable any corporate or commercial transaction involving Culture Kite.

    Culture Kite will obtain consent before using personal information for a purpose that has not been specified, unless the new purpose is required by law. See the Culture Kite Privacy Policy at Culture Kite.com.au for further details. Culture Kite may share aggregated and anonymised user data with third parties so long as that aggregated and anonymised user data cannot be reasonably traced back to an individual. User information is considered a Culture Kite asset.

  2. Termination, Changes and Breach Culture Kite may change these Terms and Conditions, any aspect of the app including redemption procedures or any Offers in any respect, all without notice and even though changes may affect the value of Culture Kite Users.

  3. General These Terms and Conditions constitute the entire agreement between you and Culture Kite regarding your participation in the app, your entitlement to redeem Offers of the App and supersede all previous versions. Except as expressly contained in these Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory, or otherwise. When you deal with Culture Kite or its respective officers, agents, employees, and related bodies corporate over the Internet, you consent to the formation of contractual relations through electronic communications. Culture Kite has the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the App.

  4. Changes to these Terms and Conditions Culture Kite reserve the right to change, suspend or terminate these Terms and Conditions at any time. Where Culture Kite changes these Terms and Conditions, or any Offers under the App, an updated copy of these Terms and Conditions will be available on the Culture Kite website. Users should regularly check for updates to the Terms and Conditions.