Cashrewards® - Terms of Use
These Terms of Use govern the conduct of the Cashrewards service (“Service”) which enables members of Cashrewards to earn Rewards on the terms and conditions set out in the Terms of Use and elsewhere on the Website or App. When you join Cashrewards, you are bound by the Terms of Use.
Certain defined terms used in the Terms of Use have the meanings set out in clause 20B.
Please read the Terms of Use carefully. Please contact us
via https://help.cashrewards.com.au/support/home if you have any questions.
KEY TERMS SUMMARY
Key terms that you should be aware of being a member of the Service are:
- Merchants pay us a commission: we make Offers available to you on the basis that Participating Merchants pay us a commission for referring you to them.
- Review the Special Offer Terms: There may be particular conditions or exclusions that apply only to an Offer. You should ensure that you fully understand any Special Offer Terms before proceeding with a transaction.
- Your ability to use an Offer: Your ability to use an Offer may be affected by human or technical error (including your own conduct, and bugs or glitches on the Website, App, Notifier, Activation Link or the systems of Participating Merchants).
- You may not be credited with Rewards: You may not be credited with Rewards if we are not paid our commission for your transaction or where we are unable to confirm your transaction with the relevant Participating Merchant.
- Failure with tracking: Your use of ad blocking software and/or disabling cookies may mean that we cannot confirm and approve your relevant transaction. We also may not be able to credit you with Rewards to the extent of any failure with any system or Tracking Monitoring Solution.
- Approval of Rewards: Due to approval times set by a Participating Merchant or an Affiliate Network, it may take 3 months or more before Rewards are approved in your account.
- Contact us to claim missing cashback: Most transactions should show as pending within seven days of the transaction being made. Due to limitations imposed by Participating Merchants and Affiliate Networks, you must make a claim with us for missing cashback within 60 days of making the transaction.
- Our liability to you: To the maximum extent permitted by law: (a) we will not be liable to you for any indirect, special or consequential loss, if the Service is unavailable, for any unauthorised use of your Account, or for goods or services purchased by you from third parties referred to from the Service; and (b) we limit our liability to $1,000. Our liability for a breach of any term or condition implied or imposed by law that cannot be excluded, is limited (at our option) to re-supply of the services or paying the cost of having the services supplied again.
- Disclosure of your personal information: We may disclose your personal information to other third parties, including to Participating Merchants, strategic partners, and other third party service providers necessary to deliver a feature of the Service that relies on that party or to process a transaction with that party. These Terms should be read alongside our Privacy Policy, which contains more detailed information about how a Member’s personal information is processed.
General
Owner of the Service and Website
Cashrewards Operations Pty Limited (ABN 72 150 888 136) (“we”, “us” or “our”) owns and operates the Service, and the Website or App through which the Service is made available.
Cashrewards™ is a trade mark of Cashrewards IP Pty Limited (ABN 32 616 807 204).
Acceptance of the Terms of Use
Your membership to the Service is conditional upon your agreement to, acceptance of and compliance with these terms of use, as well as your agreement to and compliance with other terms, conditions, notices and disclaimers contained elsewhere on the Service or the Website, a Notifier or App that apply to any aspect of the Service, Website, a Notifier or App that you choose to use (“Additional Terms”).
The submission of your Cashrewards membership application (and each time you use or participate in the Service or receive any Reward or benefit from the Service) constitutes your acceptance of the Terms of Use, and your consent to be bound by any other terms or policies referred to in the Terms of Use, including our Privacy Policy.
Changes to the Terms of Use
We may change the Terms of Use at any time in our discretion and any such changes become effective when published on our Website or App. If we make any substantial changes to the Terms of Use, we will display a notice on our Website and App. Where we believe that any such change materially diminishes the benefits of the Service available to members, that notice will be provided to you in accordance with clause 18.B at least 30 days in advance. If the change materially diminishes the benefits of the Service and you do not wish to be bound by the variation, you may immediately cease using your Cashrewards account. Upon the approval or decline of all pending transactions, you are free to close your Cashrewards account without penalty. For the avoidance of doubt, if you close your account while you have pending transactions, the cashback associated with those pending transactions will be forfeited.
Your continued use of or participation in the Service (or receipt or use of any Reward or benefit provided through the Service) will be deemed to be acceptance of these Terms of Use. Alternatively, you may terminate your membership of the Service at any time in accordance with clause 16C.
Changes to the Service
The Service we offer may change from time to time. We are not required to notify you of any such changes, as the latest Service will be made available on the Website or App from time to time. Changes to Offers are described in clause 4A(d).
Content of the Website, a Notifier or App (including errors)
While we make every effort to ensure Offers, information and content published on the Website, a Notifier or App by us is accurate and complete, to the maximum extent permitted by law we make no guarantee that it is free of errors or omissions. Where we make an error in relation to an Offer that we believe ought to be obvious (having regard to the quantum and nature of the other Offers we provide), we may honour the Offer we intended to publish and decline to let you take advantage of that obvious error.
Age restricted content, goods or services
The Website, a Notifier or App (including the directory of Offers) may contain links to:
age restricted websites, including third party websites containing adult material of a sexual nature. You are not entitled to, and you must not click on these links or visit these websites if you are not over 18 years of age or if you are offended by material that is sexual in nature; or
third party sites offering age-restricted goods or services, such as alcohol and financial products or services. You must not purchase these goods or services if you do not meet the relevant age requirements under applicable law or as communicated by the third party.
Eligibility and Conditions of Membership
Eligibility to join the Service
Membership of the Service is open to natural persons who are Australian residents. To be eligible to join or use the Service, you must be 15 years of age or older, and if you are between 15 and 17 years of age, you must have your parent's or guardian's permission to join or use the Service. Individuals 14 years of age or below are not eligible to join or use the Service.
Membership is also open to Australian businesses with a registered ABN. To be eligible to join you must nominate a natural person who meets the criteria set out in clause 2A(a) and who is responsible and liable for the business’ Account.
Joining and using the Service and Account
You may only apply for and use one membership account with the Service (“Account”).
You must not join or use the Service on behalf of any other individual, including a family member, or allow any other individual to use the Service and/or your Account on your behalf.
A maximum of 6 Accounts per postal address applies.
Membership and Accounts are not transferable between members under any circumstances.
You may specify an Account username. We reserve the right to cancel any Account created with a username that in our opinion is offensive, obscene, profane or indecent.
You must use and maintain a password for your Account that is unique and not a password used by you for any other website, app or service. You must keep your Account password confidential at all times. We are entitled to assume that anyone using your Account credentials is you, and you are responsible for all transactions made on the Website, a Notifier or App using your Account or otherwise on your Account.
Registered email address and registered phone number
To enhance security on your Account, you are required to set up two-factor authentication. You may not be able to create an Account or use your Account, if you don’t have access or haven’t registered for two-factor authentication.
To set up two-factor authentication, you must provide a valid email address (“Registered Email Address”) and mobile phone number (“Registered Phone Number”) when you register to become a member and create an Account or when prompted. You will also be required to set up two-factor authentication before processing a Withdrawal or purchasing a Gift Card.
For your membership to be considered active and valid, you must:
validate your Registered Email Address by clicking on a link within an email we send to you after registration; and
validate your mobile number, by inputting an OTP code which will be sent to your Registered Phone Number after registration.
The Registered Email Address must be an active email address in regular use by you. If you ever discontinue use of the Registered Email Address, for your membership to remain active you must advise us of a new, active email address that you regularly use. You can advise us of a new email address via the Website or App. You may be required to do one or more of the following: re-validate your new Registered Email Address; verify your identify and/or use a second form of validation in order to change your email address.
Your Registered Email Address cannot be the same registered email address used for another Account.
Your Registered Phone Number must be active and in regular use by you. If you cease using this phone number, you must notify us and provide another active mobile phone number. You may advise us of your new mobile phone number via the Website or App. You may be required to do one or more of the following: validate your new Registered Phone Number; verify your identify and/or use a second form of validation in order to change your registered phone number.
Your Registered Phone Number cannot be the same registered phone number used for another account.
Personal and profile information
You must provide us with certain information about yourself to allow us to provide you with the Service, including as part of our legal obligations in connection with “know your customer” (KYC) information. You may also be required to provide personal information in the “My Settings” section on the Website or App, and we may also request from you via the “My Settings” section information about you including but not limited to information that does not personally identify you.
You agree to us keeping a record of all the information you provide us during your use of the Service.
How we collect, hold and otherwise use and disclosure your personal information is set out in our Privacy Policy.
Accuracy, honesty and integrity
At all times in your dealings with us and our partners, merchants and suppliers you must:
act with integrity and honesty;
not act in a manner that is illegal, fraudulent, deceptive or dishonest;
ensure any information provided is accurate and not misleading; and
not endeavour to exploit any error in the Website, a Notifier, App or the Service.
When filling in and responding to any online market research surveys that you have been invited to participate in by us, you must answer questions accurately and truthfully. You must not use inappropriate or profane language in your responses.
Unlawful use, hacking, tampering and using automated scripts
You must not:
use the Service for any purpose that is unlawful;
use the Website or App to send commercial messages to another person without their consent;
use the Service to engage in any kind of hacking, tampering, spoofing or abuse of any system or computer service, the Website, a Notifier, App or any aspects of the Service;
insert into the Website, a Notifier, App or the Service any computer virus or other harmful code; or
use a script, robot, software program, or other system that operates the Service on your behalf and outside of the intended use of the Service, whether it be to earn Rewards automatically, post or transmit bulk messages, or otherwise interfere with the normal operation and security of the Website, a Notifier, App or the Service.
Monitoring usage of Service
We reserve the right to monitor the Service and retain and disclose information as allowed by law and requested by any law enforcement authority in any jurisdiction.
COMMUNICATIONS FROM US
General Correspondence and Administrative emails
By joining and participating in the Service you give consent to us communicating with you as is necessary for us to provide the Service to you. These communications (referred to as “Service Notices”) may include:
verification or validation emails, text messages or phone calls;
account statements;
important information or notices about the Service and your use of the Service;
responses to a customer service enquiry you have made;
notification or confirmation of any transaction you initiate; and
requests for additional information from you.
Because Service Notices are required and necessary for us to provide the Service to you, the only way to unsubscribe from receiving Service Notices from us is to terminate your use of the Service by closing your Account and thereby cancelling your membership and access to the Service in accordance with clause 16C.
Direct Marketing
When you join the Service you give us consent to send you information on ways to earn Rewards, specific Offers, and commercial advertising and marketing messages in relation to our products and services and those of third parties that we believe you may be interested in.
This is an optional part of the Service, which you may opt-out of. See our Privacy Policy for more information, including for details on how to opt-out.
Method of communication
We may send our communications to you by any form of direct communication for which we have recorded details for you including by mail, email, SMS or App push notification.
You may adjust your details and the types of communication we can make at any time in the “Communications Preferences” sub-section of the “My Settings” section of the Website or App.
Offers
Offers generally
We make Online Offers and Gift Card Offers available on our Website, Notifiers and App in connection with which you can earn Rewards for Qualifying Transactions. The Offers are made on the basis that the Participating Merchant pays us a commission for referring you to them.
The Qualifying Transactions offered, promoted or referenced in the Offers are made by third parties. You acknowledge that we act as a referral agent only and are not responsible for: (i) any act or omission of any third party; or (ii) the price, quality, availability or delivery of goods or services offered by any third party.
The Offers may be valid for a limited time only (that is, the validity period may be limited) and there may be particular terms, conditions, exclusions or requirements that apply only to an Offer, including as to the use of coupon codes and voucher codes (“Special Offer Terms”). The Participating Merchant is responsible for any conditions designated in the Special Offer Terms for any Offers. You should ensure that you fully understand any Special Offer Terms as displayed on the Website, App, Notifier or in an email we send before proceeding with a transaction.
The Offers may be varied at any time (including the amount of any Reward, eligible/ineligible products or categories, or any validity period) due to changes in our arrangements with Participating Merchants. We will show the current Offer at the place where the Offer is advertised on the Offer page of the Website, a Notifier and App. You should always confirm the continued availability of an Offer, and its details including any associated Reward, before entering into any transaction in connection with that Offer. Any changes to an Offer will not, however, apply to any Qualifying Transactions you have made prior to that change being made (however, any such Offer remains subject to the rest of these Terms of Use).
Your ability to use an Offer may be affected by human or technical error (including your own conduct, and bugs or glitches on the Website, App, Notifier, Activation Link or the systems of Participating Merchants). To the maximum extent permitted by law, we are not liable for any errors which occur in the processing of an Offer or Reward.
Online Offers
To be eligible to receive Rewards in connection with an Online Offer, you must:
initiate the Eligible Online Transaction by using an Activation Link to the Participating Merchant;
use that Activation Link before making the Eligible Online Transaction;
use that Activation Link in the same session when you make the Eligible Online Transaction (a session includes web browsing, App, mobile website or Notifier activation);
not use any other referral or tracking link for that Participating Merchant between the time when you use the Activation Link and when you make the Eligible Online Transaction;
not use any gift card, coupon or voucher code when you make the Eligible Online Transaction (other than any gift card, coupon or voucher code that is listed or advertised in the Offer terms, on the Website, Notifier or App or otherwise provided as part of the Service);
make the Eligible Online Transaction during the applicable Offer validity period as stated on the Website, Notifier or App;
where stated, complete any other required actions including answering any questions asked; and
where applicable, comply with any Additional Terms.
Gift Card Offers
To be eligible to receive Rewards in connection with a Gift Card Offer, you must purchase a Gift Card via the Gift Card Platform in accordance with the Gift Card Terms.
Bonus Offer
We may, from time to time, offer bonus Rewards to you (“Bonus Offer”). The Bonus Offer will entitle you to a single-use Bonus in the amount outlined in the Bonus Offer, subject to satisfaction of applicable terms and conditions. The Bonus Offer is for the original recipient only and cannot be shared or forwarded.
The Bonus Offer is valid from the date you receive notification of the Bonus Offer or other start date outlined in the Bonus Offer, until the end date outlined in the Bonus Offer ("Bonus Offer Period").
To receive the Bonus, you must make a Qualifying Transaction within the Bonus Offer Period that complies with the terms and conditions outlined in the Bonus Offer. If the terms and conditions specify a minimum spend: (i) this spend must occur in a single transaction; and (ii) the Qualifying Transaction amount is calculated inclusive of GST after any discounts are applied, excluding shipping. Qualifying Transactions do not include transactions made in 0% cashback categories or excluded items. Please check individual store terms for details.
There may be particular terms, exclusions, conditions or requirements that apply only to a Bonus Offer including minimum spend; minimum number of shops; or requirement to spend at selected stores (“Bonus Offer Terms”). You should ensure that you fully understand any Bonus Offer Terms before proceeding with a transaction.
The Bonus Offers may be varied at any time (including the bonus amount, validity period or Bonus Offer Terms). We will provide notice to you of such varied terms and conditions.
The Bonus is over and above the advertised store cashback rates which still apply to the Qualifying Transaction.
Any Bonus will show as approved in your account once the associated Qualifying Transaction has been approved.
Rewards
Rewards in Your Account
We will maintain against your Account a balance of Rewards accumulated through your use of the Service.
Any Rewards held in your Account will remain in credit against your Account until you redeem them via a Withdrawal in accordance with clause 6, as long as:
your Account does not become Inactive as described in clause 16B (in which case your Rewards will expire in accordance with clause 16B(b)); and
your membership and your Account are not cancelled or terminated in accordance with these Terms of Use (in which case your Rewards may be forfeited in accordance with clause 16D).
Rewards are not transferable between members or Accounts under any circumstances.
If your available Account balance is equal to or greater than $4,500.00, or if we suspect illegal, fraudulent, deceptive or dishonest conduct in connection with your Account, you must provide us with “know your customer” (KYC) information as requested by us. We will request the KYC information and certified supporting documentation. Where the required information is not provided to us, your Account will be inaccessible until such time as the requested KYC information is provided.
Earning Rewards
You can earn Rewards through Qualifying Transactions in connection with Offers that we make available from time to time as set out in clause 4.
You are only entitled to one Reward for each Qualifying Transaction.
We may provide special Offers that offer benefits for sign-ups and referrals to the Service, for referring other new members, for certain Qualifying Transactions or for other specific actions (“Additional Rewards”). The specific terms accompanying such Offers will govern how the Additional Rewards are earned and redeemed.
Certain goods and services are excluded from earning Rewards, including:
betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at race tracks;
political donations; and
other goods and services as restricted by applicable laws or as determined by us or any strategic partner from time to time.
No guarantee of earning potential
You acknowledge and agree that we do not make any guarantee or representation, whether express or implied, as to the amount of Rewards you can earn as a member of the Service.
Processing Rewards
Your pending claim for Rewards in connection with an Offer will usually be made on your behalf automatically by the Tracking Monitoring Solution, and where applicable upon receipt of the required Qualifying Transaction details from the Participating Merchant or Affiliate Network.
Subject to clause 5E pending Rewards in your Account will be confirmed and approved when:
the Participating Merchant or Affiliate Network confirms it has approved your transaction as a Qualifying Transaction; and
we have received payment of our commission for the transaction from the relevant Participating Merchant or Affiliate Network.
We make no guarantees for crediting of any Reward to your Account until the above steps have occurred. You acknowledge that we may elect not to credit you with Rewards:
if the Participating Merchant or Affiliate Network provider does not pay us commission for your Qualifying Transaction; or
when failure of any system such as any Affiliate Network’s Tracking Monitoring Solution results in us not being paid by the third party for referring you.
If the Participating Merchant or Affiliate Network does not approve your transaction, your transaction may still be confirmed and approved as a Qualifying Transaction for Rewards by us if the relevant Participating Merchant or Affiliate Network pays the Service commission for the transaction.
For some aspects of the Service, Rewards may not be credited to your Account immediately. Depending on Participating Merchant or Affiliate Network approval times, it may take 3 months or more before Rewards that you have earned are credited to your Account.
You acknowledge that other than where our Tracking Monitoring Solution is used, the notification of Qualifying Transactions to the Service is solely the responsibility of the Participating Merchants and Affiliate Networks (as applicable).
We may at our discretion, approve or credit Rewards if the requirements in paragraphs 5D(b) and 5D(c) are not met, but may subsequently reverse the approval or crediting of Rewards, or apply a freeze to the Rewards, including on any Withdrawal until such time as these requirements have been satisfied.
If for some reason your Qualifying Transaction does not appear in your Account (either as a pending or approved Transaction), you may make a claim with us to have your transaction manually assessed. In order to be able to manually assess your claim:
you must claim within 60 days of making the transaction;
there must be a valid Activation Link click recorded prior to making the purchase transaction;
you must provide all documents, information and evidence (including order/invoice) which it is reasonably necessary to confirm that the transaction the subject of the claim has been made and not reversed; and
we must be able to confirm from the information you provide that the transaction is a Qualifying Transaction (including based on information from the Participating Merchant or Affiliate Network), and confirm the applicable payment details with the Participating Merchant. Please note:
your use of ad blocking software and/or disabling cookies may mean that we cannot confirm and approve your relevant transaction, in which case we may reject your claim;
some Participating Merchants will not accept any manual claims whatsoever and in such cases we will reject your claim; and
all other requirements for a Reward must still be satisfied, including as described in clauses 5D(b) and 5D(c) above.
In the event a Qualifying Transaction is tracked in a currency other than AUD, the pending Reward will be displayed as an approximate only. The Reward will be converted to AUD at time of approval and therefore, the exact Reward will vary depending on the currency conversion rate at this time. The Reward you receive may therefore be higher or lower than the approximate pending Reward displayed.
Ineligibility for Rewards
We may elect not to credit you with Rewards where it would be unlawful to provide you with any incentive in relation to that transaction.
We will not credit you with Rewards, and we may without notice to you at any time withhold Rewards, and adjust, reverse, deduct or cancel Rewards already credited and decline or reverse any Withdrawal request if any of the below has occurred, or we have reason to believe any of the below has occurred:
the relevant transaction is not a Qualifying Transaction;
you subsequently cancel or vary the relevant transaction, return the goods or services the subject of the relevant transaction for refund or credit, or fail to pay for the order in full;
the relevant transaction is not processed on the Participating Merchant’s payments system for any reason;
Rewards were credited to your Account incorrectly (whether due to human error or computer error); or
your use of the Service in connection with any Rewards is not in accordance with, or in breach of, the Terms of Use, including due to your illegal, fraudulent, deceptive or dishonest conduct.
REDEMPTION OF REWARDS
Withdrawal General conditions
In the Terms of Use, “redemption” and “payment” of Rewards (referred to as a “Withdrawal”) means any type of request for us to pay you an amount in exchange for redemption of an amount of your accumulated Rewards. This includes any payment by bank transfer or PayPal transfer into a qualifying linked account or any other method set out on our Website or App.
To be eligible for and request a Withdrawal, the total Rewards accrued from approved Qualifying Transactions and remaining in your Account must:
equate to a value greater than or equal to $10.01 (“Minimum Value”) (excluding Withdrawals for the purchase of Gift Cards in accordance with the Gift Card Terms); and
include at least one Qualifying Transaction. Accounts with only Bonus Rewards available cannot be cashed out until a Qualifying Transaction has been made and approved.
Each Withdrawal request submitted by you is final and not reversible.
At the time you request a Withdrawal, we may:
request from you a copy of a proof of identification document and KYC information in accordance with clause 5A(d), for Account verification and security purposes, before approving your Withdrawal requests. If you are unable or elect not to provide a copy of a proof of identification document, we may deny your request for Withdrawal of Rewards; and
review the details and transaction history of your Account, and the details of any related membership Accounts (being any Accounts held by members that were referred to the Service by you, or any Account that has the same recorded residential address and/or postal address, phone number or payment details as your Account).
You expressly acknowledge that your eligibility to redeem your Rewards for a Withdrawal is conditional upon your ongoing compliance with the Terms of Use.
We reserve the right to decline any Withdrawal request and adjust, reverse or cancel any outstanding redemption or payment of a Withdrawal, where we have evidence or reason to believe Rewards were credited to your Account incorrectly (whether due to human error or computer error), or not in accordance with, or in breach of, the Terms of Use, including due to your illegal, fraudulent, deceptive or dishonest conduct, or as otherwise set out in these Terms of Use.
Withdrawal payment
You are solely responsible for ensuring the accuracy of the information provided for the purposes of a Withdrawal. If a Withdrawal that you request is processed as per the account details supplied by you (whether bank account, PayPal transfer or other method), and there is an error in those account details, we will use our reasonable endeavours to request the transaction to be reversed and, if we are successful in obtaining the reversal and we recover the amount transferred, we will endeavour to make the transfer to the correct account, less any applicable administration fee. We will have no other obligation to take any action to reverse the transaction, reprocess the transaction, or refund Rewards to you (and accordingly the redeemed Rewards and Withdrawal payment may be lost).
If a Withdrawal is rejected by the receiving institution for any reason (other than an error on our part), we may charge to you an administration fee of $30 (by redeeming any Rewards in your Account to that value or by asking you to pay us that amount). Otherwise, you will not be charged any fees for processing the Withdrawal, these fees will be borne by us.
For the purposes of a Withdrawal, we may, at our discretion, enforce a limit of one Account per receiving account.
Limits on your right to receive payment
We will not hold any amounts representing Withdrawal payments we may be required to make to you in respect of your redemption of Rewards in a separate bank account or otherwise segregate those amounts from our own funds, and we do not hold any such amounts in trust.
Until you validly request a Withdrawal, we are not liable to you for payment of any Rewards and you have no entitlement to receive any funds from us and cannot make any claim against our assets.
In the event that we become insolvent, you will not be able to recover any outstanding amount that we owe, but have not paid, to you in priority to any of our other creditors. There may be other creditors whose debts will take priority over yours. You may not recover the full amount we owe to you and there is a risk that you will not be able to recover any of the unpaid amount.
ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING
You acknowledge that:
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
the AML/CTF laws may prohibit us from offering services to you, or entering into or conducting transactions with you.
You agree that we:
are not required to accept or execute any instruction, or take any other action under, or in connection with, these Terms of Use 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; and
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;
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 Terms of Use or any instructions given by you will not breach the AML/CTF laws.
OTHER TERMS
From time to time we run competitions and promotions. The terms and conditions applicable to any such competition and promotion will be provided in conjunction with the promotion.
The purchase of Gift Cards and use of the Gift Card Platform is governed by the Gift Card Terms available here.
Communication Facilities
Communication Facilities
The Service includes Participating Merchant reviews, forums, chat rooms, electronic messaging and feedback systems, and other communication facilities which may allow you to communicate with us, with third parties, strategic partners and with other members of the Service (collectively, “Communication Facilities”).
Conditions of use
You are responsible for any information, content or materials posted by you using a Communications Facility.
It is a condition of your use of any Communication Facility and your access to the Service that you do not do any of the following:
restrict or inhibit any other member from using or enjoying any aspect of the Service or any Communication Facility;
post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from the owner or relevant right holder;
post, transmit or in any way exploit any material of any kind for commercial or marketing purposes, or which contains any promotional material or advertising without our consent;
impersonate any other person or entity; or
solicit donations for any person or any organisation other than a registered charity or not for profit organisation.
You acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
No obligation to monitor
We may from time to time monitor or review the contents of the Communication Facilities. While we reserve the right to edit, delete, or refuse to post any information, content or materials (in whole or in part) that we, in our sole discretion, determine to be in any way objectionable or in violation of any applicable law or the Terms of Use, we have no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post any information, content or materials, nor are we responsible for any information, content or materials posted by you or any other member of the Service or user of the Service.
Third Party Web Sites, Advertisements and Surveys
The Service, the emails sent by us, the Gift Card Platform, the Online Offer directory on the Website or App and other content on the Website, Notifier or App, contain advertisements and links to web sites and online market research surveys operated by third parties or their licensees or contractors. Third party links, advertisements and market research surveys are independently operated by the relevant third party and are not a recommendation or endorsement by us, our Related Bodies Corporate, or any of our/their respective employees. We are not responsible for and make no express or implied warranties in relation to the content of these third party advertisements or web sites, including the accuracy, completeness, reliability or suitability of the web sites or the products and services advertised for any purpose.
In some instances, the advertisement or web site linked will contain representations or offers by the third party, which you can accept by executing the relevant transaction. You acknowledge that we do not make such representations or offers, and the third party solely is responsible to you for the delivery of any goods or services obtained from the third party.
If you have an enquiry or complaint about a particular merchant, business, advertisement, link, email, text message, phone call or survey, you may contact us. We will do our best to answer your question or resolve the issue, however in some circumstances we may need to direct you to contact the merchant, business or advertiser directly.
COPYRIGHT
All copyright and other intellectual property rights subsisting in content and material on the Website, a Notifier, the App and Service or sent to you in any communication from Cashrewards is owned by us (or our licensors) and is protected by Australian and international copyright law, and may also be protected as a trade mark, service mark, or under other rights and laws.
Except for the creation of a temporary copy on your computer or device which is inherent to the process of the normal use of the Website, a Notifier or App and where accessed for your personal purposes, you must not copy, reproduce, publish, store in a retrieval system, alter, distribute, modify, sell or otherwise use any of the content or material on the Website, a Notifier, App or service or any communication from Cashrewards in any form or by any means, in whole or in part, except as permitted by law, with our prior written approval, or the approval of the relevant copyright owner.
DISCLAIMER OF WARRANTY
To the maximum extent permitted by law, we exclude all warranties, conditions, representations and guarantees implied by law that are not expressly set out in the Terms of Use, in relation to the provision of goods and services by us under the Terms of Use or in connection with the Service.
Without limiting clause 12A, to the maximum extent permitted by law, you acknowledge that we make no warranty or representation, as to:
the results that may be obtained through membership of the Service (except to the extent expressly stated otherwise in the Terms of Use or on the Website, a Notifier or App);
the Website, a Notifier, App or Service being uninterrupted, timely or error free or that the Service is free of viruses or other components; or
any Participating Merchant or offer by any third party via the Website, a Notifier, App or Service, including with respect to the price, quality, availability or delivery of such goods and/or services.
Limitation of Liability
Subject to clause 13C and to the maximum extent permitted by law:
you release us, our Related Bodies Corporate, and any of our/their respective officers, employees and agents from (and we and them are not liable for) any claim for:
special, indirect or consequential loss or damage;
unavailability of the Website, a Notifier, App or Service;
loss, damage or liability in connection with:
the unauthorised use of your Account, except where due to our negligence;
any goods and/or services purchased from third parties by you;
any merchant or product descriptions contained on the Website, App, Notifier or contained in communications sent to you by us or on our behalf, where these are provided to us by the relevant merchant;
any act or omission of a third party, including any failure of or delay in a Participating Merchant or Affiliate Network provider notifying us of a Qualifying Transaction, failing to pay us any commission, or otherwise failing to provide us with any information or perform any act upon which we depend; or
any failure or default beyond our reasonable control,
whether in contract, tort (including negligence), in equity, under statute or on any other basis.
we release you from (and you are not liable for) any claim; for:
special, indirect or consequential loss or damage;
loss, damage or liability in connection with any failure or default beyond your reasonable control,
whether in contract, tort (including negligence), in equity, under statute or on any other basis.
To the maximum extent permitted by law, each party’s maximum aggregate liability for all claims under or relating to the Terms of Use, the Website, Notifier, App or the Service which is not excluded in accordance with clause 13A, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to $1,000. The limitation in this clause 13B does not apply to any Rewards and Withdrawal that you are rightfully entitled to in accordance with the Terms of Use or apply to claims arising as a result of fraud, wilful misconduct or unlawful acts or omissions.
Despite the terms of this agreement, you may have rights under the law. Nothing in the Terms of Use operates to limit or exclude any liability (or statutory warranties, terms, conditions, guarantees or any right or remedy) implied or imposed by any legislation that cannot be limited or excluded by law, including under the Australian Consumer Law. Where we are permitted to do so, our liability for breach of any representation, warranty, guarantee, term or condition implied or imposed by law that cannot be excluded, is limited (at our option) to one of the following:
supplying the services again; or
paying the cost of having the services supplied again.
INDEMNIFICATION
Upon demand, each party will indemnify and keep indemnified the other party, its Related Bodies Corporate, and any of their respective officers, employees and agents (collectively, “those indemnified”) against all claims (including third party claims), demands, damages, liabilities, costs (including legal costs), expenses, penalties or suits incurred by those indemnified and caused by or arising out of or consequential upon:
any information, content or materials posted by the first-mentioned party on the Communications Facility; or
any illegal, fraudulent, deceptive or dishonest conduct of the first-mentioned party in connection with the Website, a Notifier, App or the Service.
TAXATION
You alone are liable for any and all taxation implications relating to your use of and participation in the Service or you obtaining Rewards through the Service, and you alone will be liable for having any such tax liability assessed and paid.
We recommend that you consult with your accountant or tax adviser to ensure that you understand any possible tax implications related to your use of and participation in the Service or you obtaining rewards through the Service.
Termination
Cancellation by us
We reserve the right to cancel your membership and your Account, and terminate your use of the Service 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 Service, immediately without notice, if we have evidence or reason to believe that you:
have breached the Terms of Use, and failed to remedy that breach within 7 days of receiving notice of the breach;
have materially breached the Terms of Use;
have engaged in illegal, fraudulent, deceptive or dishonest conduct;
die or become unsound of mind or become bankrupt; or
act against our business interests or reputation or the business interests or reputation of our Related Bodies Corporate, clients, partners, merchants and suppliers.
Cancellation and rewards expiry for non-use (Inactive Accounts)
We reserve the right to cancel your membership and your Account, and terminate your use of the Service, with 7 days' notice, if your membership Account becomes Inactive. Your Account becomes “Inactive” if you do not log in to the Website or App and click through to a Participating Merchant's website at least once in any 12-month period.
All Rewards (whether pending or approved or accrued or not) held in an Inactive Account will expire at midnight (Sydney, Australia, time) on the date that the Account becomes Inactive (the “expiry date”). Unless we cancel your Account in accordance with clause 16B(a), expiry of Rewards will not itself result in closure of your Account, but the applicable expired Rewards will be immediately and irreversibly cancelled and will not be available to you. We will provide you with prior written notification to your registered email address of the date on which your Rewards will expire.
Cancellation by you
You may cancel your membership of the Service at any time in the “Close my Account” section, in the “My Settings” section, of the Website or App. You will be required to enter your password in order to cancel your membership. Upon cancelling your membership, your Account will be cancelled and your ability to use the Service terminated.
Cancellation is final
If your membership and Account is cancelled for any reason, the cancellation is final and your membership cannot be re-activated.
If your membership and Account is cancelled for any reason (except as set out in clause 1C(a)), you will forfeit all of your Rewards and all outstanding redemption payments (including any Rewards held in your Account or accrued by you, any Withdrawal or other pending payments, and any other Rewards or payments that you would otherwise have been entitled to receive). Any such Rewards and payments will remain our property and are immediately and irreversibly forfeited (and we will have no further obligation to make any payment to you).
Refusal of application
We reserve the right to refuse your application to join the Service again, or cancel any new membership or Account you create, if we have ever cancelled your membership in the past.
COOPERATION WITH LAW ENFORCEMENT
We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone using the Website, App or Service.
OTHER MISCELLANEOUS TERMS
If any part of the Terms of Use is or becomes illegal, invalid or unenforceable, it will not affect the validity or enforceability of any other part of the Terms of Use.
Any notice or communication we give to you pursuant to the Terms of Use may be given to your Registered Email Address, your Registered Phone Number or by push notification on any Cashrewards App. A notice so given will be deemed received by you on the date the notice is sent or pushed as the case may be.
We may assign or novate in whole or part any of our rights or obligations under the Terms of Use without the prior written consent of you or the other members (and if we do so we will notify you accordingly). The agreement set out in the Terms of Use is personal to you and so you may not assign, novate or sub-licence in whole or part any of your rights or obligations under the Terms of Use without our prior written consent.
The Terms of Use and any Additional Terms constitute the entire agreement between us and you in relation to the Service and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Service. However nothing in the Terms of Use limits any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during the term of this Agreement, where such liability cannot be excluded (which may include liability arising under section 18 of the Australian Consumer Law).
The provisions of the Terms of Use which by their nature survive cancellation of your membership and Account will do so, including clauses 7, 12, 13, 14 and 19 of these terms of use.
No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
Governing Law
The Terms of Use are 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.
INTERPRETATION AND DEFINITIONS
In the Terms of Use, unless the contrary intention appears:
the word “person” includes an individual, a firm, a corporation, an unincorporated association, government, state or agency of state, association, partnership or joint venture;
all references to dollars or $ or cash in the Terms of Use are to Australian dollars; and
‘including’, ‘such as’ and similar expressions are not words of limitation.
In the Terms of Use, unless the context otherwise requires:
“App” means any app for your mobile phone or tablet that we make available from time to time for use of the Service;
“Account” has the meaning given in clause 2B(a);
“Activate” or “Activation” means the member activating an Offer by clicking an Activation Link;
“Activation Link” means a link we provide on the Website or App, or in a Notifier or an email or other relevant communication we send;
“Additional Rewards” has the meaning given in clause 5B(c);
“Additional Terms” has the meaning given in clause 1B(a), and includes any Special Offer Terms;
"Affiliate Network” means a third party provider of an affiliate network in connection with the provision of Offers;
"Bonus" means the Reward amount attributable to a Bonus Offer;
“Bonus Offer” has the meaning given in clause 4D;
"Bonus Offer Period" has the meaning given in clause 4D;
“Eligible Online Transaction” refers to an Eligible Gift Card Transaction and/or any purchase, order, or action in Australia you initiate with a Participating Merchant via an Activation Link we provide, including ordering goods or services, or signing up to a service or membership, even if you make no payment for the goods, service, or membership;
“Eligible Gift Card Transaction” refers to any purchase transaction in Australia you make of a Gift Card on the Website or App;
“Gift Card” means a non-cash payment facility that stores monetary value in electronic form that may be redeemed for goods and services and which is purchased via the Website or App;
“Gift Card Offer” means an Offer for making an Eligible Gift Card Transaction that is a Qualifying Transaction with any Participating Merchant listed in the online shopping directory of the Website or App using a link we provide, as described on the Website or App and subject to the Gift Card Terms and the other terms and conditions set out on the Website or App;
“Gift Card Platform” means the service through which Cashrewards members may be provided with a Gift Card Offer and purchase Gift Cards in accordance with these Terms and the Gift Card Terms;
“Gift Card Terms” means the terms that govern an Eligible Gift Card Transaction;
“Inactive” has the meaning given in clause 16B;
“Notifier” means a browser extension in connection with the Service;
“Offer” means a Reward incentive offer that is either an Online Offer or Gift Card Offer made by us to members as part of the Service, as determined by us from time to time, which typically includes a discount or rebate on a Qualifying Transaction;
“Online Offers” means an Offer for making an Eligible Online Transaction that is a Qualifying Transaction with any Participating Merchant listed in the online shopping directory of the Website or App using a link we provide, as described on the Website or App and subject to the Terms of Use and the other terms and conditions set out on the Website, a Notifier or App;
“Participating Merchant” means, in respect of an Offer a merchant listed on the Online Offer or Gift Card Offer directory (as applicable) on the Website or App as participating in that Offer;
“personal information” has the meaning given in our Privacy Policy;
“Privacy Policy” means our privacy policy available at: www.cashrewards.com.au/privacy;
“Qualifying Transaction” means transactions that are the subject of:
an Online Offer, in respect of an Eligible Online Transaction; and/or
a Gift Card Offer, in respect of an Eligible Gift Card Transaction; and/or
that qualifies in accordance with the Terms of Use for Rewards under the relevant Offer provided through the Service;
“Registered Email Address” has the meaning given in clause 2C(a);
“Registered Phone Number” has the meaning given in clause 2C(a);
“Related Body Corporate” has the same meaning as under the Corporations Act 2001 (Cth);
“Rewards” means incentive rewards offered or provided to members as part of the Service, as described in the Offers and the Website, a Notifier or App, and recorded in an Account and which is provided on the purchase value of the applicable approved Qualifying Transaction less freight, delivery, taxes and GST;
“Service” means the Cashrewards service referred to in the introduction to the Terms of Use, as operated by us from time to time (and as such service may be amended from time to time in accordance with this the Terms of Use). For clarification, the Service includes any services provided under Additional Terms;
“Special Offer Terms” has the meaning given in clause 4A(c);
“Terms of Use” means these terms of use, and any Additional Terms;
“Tracking Monitoring Solutions” means the solution or service used to monitor Qualifying Transactions, and includes the solution or service provided and used by us or an Affiliate Network;
“Website” means www.cashrewards.com.au; and
“Withdrawal” has the meaning given in clause 6A(a).