Terms and Conditions for the use of Cashbackcard.com Programme
- This cashback program ("Cashbackcard.com") is an online and instore service provided by Cash Back Card Ltd ("Us/We/Our"), whose registered office address is Cashbackcard Limited, Herrington & Carmichael LLP, 27 Broad Street, Wokingham, Berkshire, England. RG40 1AU. with company registration number 06968467. We are registered with the Information Commissioner's Office and fully abide by the Data Protection Act 1998 with registration number Z1885019.
- Cashbackcard.com enables providers of goods and services ("Merchants") to promote and offer their goods and services for sale online and instore (via Cashbackpoint) to you in conjunction with certain offers ("Cashback Rewards").
- Merchants' goods and services are available online as part of Cashbackcard.com through certain websites and instore through the use of Our branded Prepaid card(s) ("CBC"), all of which are operated by Us for Ourselves (for example, cashbackcard.com). Any and all websites owned by Us shall be collectively known as "Our Website(s)".
- Participation in the cashbackcard.com programme involves registration and the creation of an online "Account" with cashbackcard.com.
- Merchants pay a marketing fee to Us relative to how much you spend in respect of your Approved Transactions. We then credit you with Cashback Rewards relative to the amount of your Approved Transactions, a relative amount determined at Our discretion.
- "Approved Transactions" are only those that are completed tracked transactions between you and the Merchants concluded via Our Websites or through the use of CBC or Cashbackpoint; and made in agreement with these Rules, the terms of any Merchant's promotion and any other terms and conditions applicable to the use of CBC; and confirmed by the Merchants as no longer capable of being cancelled by, credited to and/or refunded to you, whether in whole or in part.
- The following shall not qualify as Approved Transactions: transactions made when you have more than one Account concurrently in existence; transactions in respect of which you have not initiated transaction tracking through Our Websites or through an instore Merchant; transactions in respect of which the data necessary to enable Cashback Rewards to be credited to your Account has been corrupted, damaged or lost; transactions, which are or which We reasonably believe are conducted by you with a purpose which is unethical and/or intended to obtain Cashback Rewards dishonestly and/or in a manner contrary to the spirit or letter of these Rules.
- You understand that regardless of Our Website or CBC through which you participate in Cashbackcard.com your contractual relationship is with Us, your personal data will be controlled and processed by Us as well as Merchants necessary for the purposes of performing Our obligations to you under CBC and shall be shared by Us with Merchants through which you participate whilst you are a participant in Cashbackcard.com.
- To enjoy CBC, you must register through Our Website(s) under your proper legal identity and in doing so you agree to abide by all of these terms and conditions which shall govern your use and enjoyment of Cashbackcard.com and are referred to above and below as the "Rules".
- We shall be entitled to amend these Rules from time to time, and shall notify you of any changes, following which your continued use of Cashbackcard.com shall be subject to these Rules as amended.
- You are only eligible to join and continue to take part in CBC if you are over 18 years of age, have your permanent place of residence at an address in the UK and maintain with Us a valid and subsisting email address. Your email address will be used to send you regular emails in the form of newsletters and updates regarding Cashbackcard.com and new and existing member offers from both merchants and Cashbackcard.com. You will be given the option to opt-out of receiving these emails. You warrant to Us that whilst a participant in Cashbackcard.com all of the information you provide in connection with it shall be at all times true and correct to the best of your information, knowledge and belief.
- When you complete an Approved Transaction, resulting in the payment of commission to Us by the Merchants then you will be entitled to a Cashback Reward in accordance with the terms of the Merchant's promotion and Cashbackcard.com's reward scheme.
- Unless otherwise specifically stated, you should assume that the calculation of cashback excludes postage and delivery costs and the VAT element of a sale.
- Cashback Rewards shall be owned by Us at all times up until the point in time where you issue a withdrawal order. A cashback balance shall show in your "My Account" area of Our Website for information purposes only and will only represent a credit due to you by Us on becoming eligible to make a withdrawal. This "My Account" area is found in the account created for you by Us when you register. Only Cashback Rewards obtained from Approved Transactions shall show up in "My Account".
- We will use reasonable endeavours to ensure advertised Cashback Rewards are correct. We will not be held responsible or liable for incorrectly advertised Cashback Rewards.
- Your failure to correctly follow any required instructions or conditions may result in no Cashback Rewards being credited to your account for which you will have no recourse against Us, Our Websites, CBC or Merchants.
- You accept that in some cases there may be a delay or failure to show Cashback Rewards in your Account due to a Merchant's failure to provide information to Us. We aim to update all Cashback Rewards with 2 weeks of the Date of each Approved Transaction. Whilst We shall use reasonable endeavours to recover Cashback Rewards for non-tracked transactions We shall have no responsibility or liability for such delay or failure.
- Whilst many Merchants report cashback credits within a week of an Approved Transaction being completed, some do not report them to Us until their returns period has expired. In the event that you completed an Approved Transaction in full compliance with all associated conditions and the Cashback Reward is not shown in your Account within 28 days you must open a "missing transaction" support request by contacting support@cashbackcard.com with details of the transaction (including the date, a brief description of item(s) purchased and any associated order/confirmation reference number) along with your name and email address. We will then attempt to make recovery from the Participating Retailer. However, We make no warranty or representation and offer no assurance or guarantee that the Cashback Reward will be shown in your Account as a result. We cannot support "missing transaction" support requests where the transaction occurred more than 90 days before that support request was made. Please retain all receipts for instore purchases to help speed up this process as we may need it to verify a transaction.
- You are not entitled to a Cashback Reward in respect of Approved Transactions for which We do not receive the whole of the commission due from the Merchant.
- You are required to use Cashbackcard.com in an ethical manner and should Accounts be used to purposefully defraud or inflate cashback earnings with Merchants then duplicate transactions will be removed and/or your Account may be subject to termination.
- We are responsible for keeping your Account accurate and up-to-date in accordance with these Rules. We may adjust the balance shown in your Account in respect of non-payment from Merchants, refunds or returned products, suspected or actual dishonesty, and/or mistakes, including but not limited to, accounting errors. You understand that running such a cashback program can be technically complex, and that in the course of so doing information may be withheld, provided or received in good faith by any of the participants in it, which may lead to the balance of your Account being inaccurate from time to time. You and We will use reasonable endeavours to deal with and rectify Account inaccuracies, and you agree that We shall have no liability to you or any third party in respect of them, including Our inability to rectify them to your satisfaction.
- You shall contact Us only and shall not directly contact Merchants in connection with any aspect of Cashbackcard.com, whether for the purposes of raising a query, seeking further information or making a complaint/claim.
- You are responsible for the security of your Cashback Rewards, and you agree that you will not transfer them to any other person, barter them for goods or services or deliberately or negligently enable any other person to obtain the benefit of Cashback Rewards awarded to you with or without your consent and that you will keep your Account details private and secret from others.
- Each week, your new Cashback Reward balance will be updated based on your Approved Transactions with participating Merchants up to 2 weeks prior to that date. Once you have built your Cashback Reward balance up to a minimum of £50, you may issue a withdrawal request for your Cashback Reward balance to be transferred directly onto your Cashbackcard.com Prepaid card or, if you do not have a card, you may have your rewards transferred to your bank account, in pounds sterling subject to the following conditions being met:
- the minimum cashback amount of £50 was reached via Approved Transactions 14 days prior,
- you have completed an Approved Transaction with Cashbackcard.com either through an online Merchant or through the use of your Cashbackcard.com Prepaid card in the last 14 days,
- if you have taken a Cashbackcard.com Prepaid card, you have a minimum balance of £5 on your card,
- you have activated your account and updated your Account profile to include your full postal address in accordance with the instructions supplied as part of Cashbackcard.com,
- your total accrued withdrawals to that point have not exceeded £1200 without completing further identification checks – we will request this information as part of anti-money laundering laws and this is only relevant if you have not taken a card and passed Know Your Customer identification checks,
- you must withdraw the full amount of your cashback (of £50 or more) at any one time
- and you have updated your Account information to provide Our payment processor with bank account sort code and account number to be credited (in the event where you do not have a Cashbackcard.com Prepaid card).
If you have a Cashbackcard.com Prepaid card, We will automatically transfer your cashback balance onto your Cashbackcard.com Prepaid card assuming you have met the minimum requirements as stated above.
- Upon remittance of the payment to you (either to your Cashbackcard.com Prepaid card or to your nominated bank account), the balance of your Account in respect of which it has been issued will be reduced to zero regardless of whether or not the payment is safely received by you. Neither We, nor the Merchants accept any liability in respect of you providing incorrect bank account details for your transfer to your Cashbackcard.com Prepaid card when your Account balance returns to zero.
- Where We have paid money to you in respect of Cashback Rewards that are subsequently reversed or cancelled by a participating Merchant, We reserve the right to debit the value of that transaction from your Cashback Account balance.
- You agree not to register with Cashbackcard.com under any identity other than your own. You also agree not to register more than one Account unless We or you have previously deleted or deactivated a previous Account registered to you greater than 3 months prior. You may not hold more than one Account at any one time. Any breach of this term may be deemed dishonest and lead to suspension and/or deactivation of your Account, with Cashbackcard.com withholding any Cashback Rewards or CBC funds you may have accrued and/or hold and criminal prosecution.
- You may view your Account through Our Website(s), but you are responsible for keeping the permanent record of the details of your Account including its current balance. It is possible that through events of force majeure or for other reasons beyond Our reasonable control We temporarily or permanently lose the data associated with your Account. You agree that We shall have no liability to you whatsoever in connection therewith.
- Upon ceasing to be a participant in Cashbackcard.com for whatever reason, your Account will be closed. In the event that your Account is closed you will automatically cease to be a participant in Cashbackcard.com. In the event that you do not complete at least one Appoved Transaction over any 6 month period and/or the balance of your Cashback Reward balance does not change over any 6 month period, your Account status will become an "Inactive Account". Unless we determine otherwise at our absolute discretion and on a case-by-case basis, upon becoming an Inactive Account, the balance of your Account shall be voided and it shall be automatically closed.
- If you decide to leave Cashbackcard.com, you agree not to participate in Cashbackcard.com and/or register another account for a period of no less than 3 months.
- In the case where you have joined Cashbackcard.com through an invite/referral and registered as part of an individual's invite link, you may not switch your referrer. If you do so wish to switch your referrer, you must contact support@cashbackcard.com and cease further participation in the Cashbackcard.com programme. We will then delete your account. You may then register as an invite of another user after a period of no less than 3 months. In such an event, you agree that we will retain any/all cashback and bonuses accrued up to that point. After the 3 month period, you regain the same rights as any other member of the Cashbackcard.com programme and can collect cashback as normal.
- We may do any of the following at any time without cause or liability and without your consent: (i) close your Account; and/or (ii) amend, suspend or terminate Cashbackcard.com, any part of it or any feature within it; and/or (iii) restrict the hours of availability of Cashbackcard.com; and/or (iv) limit the amount of your permitted use of Cashbackcard.com.
- You acknowledge and agree that regardless of the size of the balance shown in your Account, the Cashback Rewards standing to its credit, or to be credited to it shall be automatically voided (so that you will not be entitled to any payment in respect thereof) in any and all of the following circumstances:; (i) if Cashbackcard.com should experience any event or process forming part of an insolvency, administration, receivership or winding up; or, (ii) if for any reason, We should be unable to continue further funding of Cashbackcard.com, in whole or in part and whether as regards some or all participants in it; or, (iii) we terminate your Account because of a breach or suspected breach of these rules by you; (iv) if you close your Account; or (v) it is automatically closed as an Inactive Account.
- If We terminate your Account because of a breach by you of these Rules you agree that you will not seek to register with Cashbackcard.com again, whether using the same or a different identity to that under which you originally registered.
- You understand and agree that Cashback Rewards have no value or cash equivalent, that they may not be transferred or redeemed by You with third parties, whether for cash or in kind and that they do not represent any stored value.
- You expressly agree that participation in Cashbackcard.com is at your sole risk. You understand that when using Cashbackcard.com to make purchases of goods and services from Merchants, you are governed by their terms and conditions of sale and not these Rules. You also understand that these Rules do not affect your rights in respect of purchases from participating Merchants or their conditions of sale. We make no warranty in respect of products or services obtained by you from participating Merchants and hereby expressly exclude to the fullest extent permitted by applicable law all representations and warranties including but not limited to title, fitness for purpose, merchantability and and/or services obtained from participating Merchants through Cashbackcard.com.
- You agree that Cashbackcard.com is provided on an "as is" and "as available" basis. We make no warranty that Cashbackcard.com will meet your requirements or that it will be uninterrupted, timely, or error free nor do we make any warranty as to the results that may be obtained from the use of Cashbackcard.com or as to the accuracy or reliability of any information obtained though the use of Cashbackcard.com or associated with its participating Merchants.
- We shall not be held liable for any special indirect, incidental, or consequential loss or damage or for any awards of punitive or aggravated damages relating to your participation or inability to participate in Cashbackcard.com.
- These rules do not affect your statutory rights which cannot be amended or excluded in law and the exclusions and limitations of liability contained in them shall be construed and applied accordingly.
- You shall indemnify and hold Us, our affiliates, officers and employees harmless from any claim, demand, expense or damage (including reasonable legal fees) relating to your breach of these Rules, and/or the terms applicable to Merchants' promotions.
- Our failure to enforce your strict performance of any provision of these Rules will not constitute a waiver of our right to subsequently enforce such provision or any other provision of them.
- We operate a referral/invite programme whereby you can invite your friends and colleagues to use Cashbackcard.com and collect extra rewards. You must not however, use inappropriate marketing methods, (including but not limited to, sending unsolicited email, posting in newsgroups or discussion forums that do not permit advertising or using false claims in their advertising) to benefit from this aspect of Cashbackcard.com.
- Where you refer a friend or colleague, who is not identified by Cashbackcard.com as being invited/referred via your original customised Refer-A-Friend link, no extra rewards will be paid. We are not responsible for the failure of the Refer-A-Friend tracking links to accurately log your referrals.
- By registering with Cashbackcard.com, you hereby authorise us to disclose any or all of your information to the participating Merchants or their suppliers (even if you never compete an Approved Transaction with them) for marketing purposes and to allow Us to identify and calculate any entitlement to Cashback Rewards that you might have or be due. You acknowledge that We will collect any and all information from any retailer, merchant acquirer, credit card processor, issuing bank, or any other available source with respect to the purchases made by you through or in relation to Cashbackcard.com. You represent that with respect of your purchases and/or Approved Transactions that you are entitled to receive information about your transactions effected using Cashbackcard.com.
- These Rules shall be governed by and construed in accordance with the laws of England, whose courts shall have exclusive jurisdiction over any and all disputes arising out of or in connection with them.
