Terms and Conditions
Where the following terms or phrases are used, they shall have the following meanings:
Agreement means these terms and conditions.
Authorised Merchant means a merchant retailer who has agreed to provide Cashback to Cardholders on Qualifying Transactions.
Cardholder has the meaning given to it in section 2.1.
Cashback means the Cashback sum awarded to you for each Qualifying Transaction.
Cashback Services means the supply and administration of Cashback services as contemplated by this Agreement and provided to you by us.
Qualifying Transaction has the meaning given to it in section 2.3.
This Agreement is a legal document and has been carefully designed to reflect the way the Cashback Services operate through both cashbacksa.com and our official mobile application programe. This Agreement will form the basis of your rights and obligations to Cashbackpoint (Pty) Limited (“us”, “our” “we”) in connection with the Cashback Services you have requested us to provide to you. Please ensure that you have read and understood these terms and conditions as this will form the basis of our contractual relationship. Once you have registered with us, you agree to be bound by the terms of this Agreement and that you understand your obligations to us.
If you require any further information in connection with this Agreement, the Cashback Services or if you have any questions you would like answered before you register your card, please contact us at email@example.com.
2. CONDITIONS THAT APPLY TO YOUR ACCOUNT
2.1. Registering for Cashback: You must be 18 years of age before you can use our website to collect Cashback and you must live in South Africa. You will need to register through our dedicated online portal and provide all information that we request from you. Any information you provide should be accurate and not untrue or misleading. You are solely responsible for ensuring that the information you provide (including bank details and e-mail addresses) remains up to date – if you change your details, please notify us as soon as possible. All our validly registered users shall be known as ‘Cardholders’ and upon completion of your registration you will be given a unique account number which you should keep secret.
2.2. Earning Cashback: Our programe allows you to receive Cashback on Qualifying Transactions. A “qualifying transaction” is one where we receive confirmation from an Authorised Merchant or their agent that a Cardholder’s transaction is genuine, has been successfully processed and can be tracked by our systems. Cashback will be paid at the agreed rate set by the Authorised Merchant and whilst we take reasonable care to ensure all marketing and promotional Cashback rates are accurate, we cannot be held responsible for any inaccuracies or variations to the published rate. In the event that a Cardholder changes or receives an updated bank card, such that the 16-digit number or security information is altered, you must advise us as soon as possible. Failure to update this information will mean you are unable to claim Cashback until such time as our records are updated. Please note that we cannot back-date Cashback in any circumstances and your Cashback enabled card must be used at the time of purchase. Receipts Program: Where you have chosen to earn or claim Cashback as a result of our “receipts program”, you agree that Cashback may only be awarded by us where you have a transaction receipt from an Authorised Merchant via our official mobile application and that clearly shows part of the 16-digit number of your card and details of the transaction you wish to register. You agree that our decision is final and binding on any receipts submitted.
2.3.3. You should be aware that any Cashback generated by you has no cash value until such time as it is validly withdrawn in accordance with the terms of this Agreement. Furthermore, until the available balance is withdrawn (less any fees) the Cashback does not belong to you.
2.4. When we will not pay Cashback: You will not be allowed to withdraw Cashback where we have terminated (or are entitled to terminate) this Agreement in accordance with clause 6; you have not logged into your account for more in any consecutive 12 month period; the Cashback was not generated as a result of a verifiable Qualifying Transaction; the transaction on which any Cashback was due was reversed refunded or cancelled by any party; or you terminate or close your account with us before withdrawing all Cashback sums eligible for withdrawal. Where your Cashback balance is validly withdrawn before a transaction is reversed or cancelled, we will debit the balance of your Cardholder account accordingly.
2.5. Cashback Services and us: Neither cashbacksa.com, us nor any of our group companies are party to any of the transactions you make – this is a separate contract made between you and the retailer. As such, we would do not have any liability in respect of the goods you’ve acquired from them, nor do we have any control or accept responsibility in relation to the quality or safety of these goods or whether the retailer is legally entitled to sell these goods to you. We recommend that you make suitable enquiries of any retailer before you commit to purchasing goods/services from them, whether online or in-store. We would highlight that the Cashback Services consist of providing an online portal and administration facility to assist your collection of Cashback.
3. INTELLECTUAL PROPERTY AND OUR WEBSITE
3.1. By uploading or including any material to cashbacksa.com, a Cardholder expressly grants:
3.1.1. to us a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material throughout our websites and those of our group companies and any other interactive services through which we make available; and
3.1.2. to other Cardholders (through us, under the licence referred to in 3.1.1 above), the non-exclusive, personal, non-transferable right to view the relevant material.
3.2. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to cashbacksa.com and/or us (including the material which is contributed by Cardholders or Authorised Merchants) are owned by, or licensed to, us. To be clear, you are not authorised to copy any information, pictures, logos, text or icons from cashbacksa.com.
3.3. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
3.4. Whilst we aim to provide real-time information and provide the Cashback Services on a 24 hour basis, there may be occasions where the Cashback Services are delayed, taken offline or are subjected to routine maintenance. We cannot accept any responsibility for the availability of cashbacksa.com or the Cashback Services. However, we will seek to inform you before we make any of these changes where it is possible to do so.
4. PERSONAL DATA
4.3. By using the Cashback Services you agree to us sharing your personal data with our merchants and expressly consent to us doing so, so that we may provide a more beneficial service to you.
4.4. We will always seek to contact you by e-mail in the first instance, but may elect to contact you using any details that we hold for you.
4.5. Any bank details, PAN numbers (16-digit number on your debit card) or banking log-in details provided to us will be stored securely and we use 256-bit encrypted, bank-level security to protect your data.
5.1. We will provide the Cashback Services with reasonable care and skill but we cannot and do not guarantee that the Cashback Services will generate any minimum level of Cashback.
5.2. We may be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
5.3. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
5.4. Subject always to section 5.3, we shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. Our aggregate liability during any successive period of twelve months, the first of which shall be deemed to begin on the date when you become a Cardholder, shall be limited to the fees retained by us from all Cashback earned by you.
5.5. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
5.5.1. for any loss of revenue, business, anticipated savings or profits, or
5.5.2. for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Cashback Services or other non-performance of this Agreement or otherwise.
6. ENDING THE AGREEMENT
6.1. You may cancel your Agreement by notifying us of your wish to cancel in writing at firstname.lastname@example.org or by contacting us through our dedicated user portal on the website or mobile application.
6.2. We may cancel your Agreement where:
6.2.1. it is found that you have provided false information or any third party has used your account or any card attached to you account (with or without permission);
6.2.2. you have unfairly or deceptively used the services we provide (for example, used an unauthorised payment method or unreasonably exploited an Authorised Merchant’s offer);
6.2.3. your account has been inactive for 12 months or more;
6.2.4. we have attempted to provide the Cashback Services to you for a period in excess of 90 days but, for reasons beyond our control, we have been unable to do so; or
6.2.5. you act in any way which we deem to be abusive, defamatory or contrary to our values.
6.3. What happens on termination:
6.3.1. You terminate: Before you terminate, you should be careful to withdraw all Cashback eligible for withdrawal from you account. Once your account is formally closed and this Agreement is terminated, we cannot recover any Cashback that remains in your account.
6.3.2. We Terminate: Where we terminate this Agreement you acknowledge that all Cashback held in your account will be forfeited and that we may retain these sums absolutely.
We may run referral promotions at various times during your membership. During these periods if you validly refer a new member to us (and they become a Cardholder themselves) we may provide a reward to you. This reward will be issued solely at our discretion and may be in the form of Cashback credit or any other form. There will be no cash value attached to any reward (save where it can be withdrawn) and the issue of any reward is at our sole discretion.
8. ENTIRE AGREEMENT
This Agreement is intended to form the entire contract between you and us. This Contract excludes any other marketing materials or discussions which may have taken place before you signed this Agreement, save where a fraud or fraudulent statement has been made by either party.
9. CHANGES TO THIS AGREEMENT
From time to time we may update this Agreement. This may come as a result of a change to our services or the terms on which the Cashback and Cashback Services are made available to you. Any changes to this Agreement will be made available to you via out website and notified to you by e-mail. These changes will take effect 30 days after they have been notified to you. In the event that any term of this Agreement is found by any court to be unlawful, the remainder of the Agreement will remain unaffected; however, it may be modified as required to give effect to any deletion a court may determine.
10. ASSIGNMENT AND THIRD PARTIES
10.1. You may not transfer or assign your obligations under this Agreement to any person without our written consent. Unless we provide written confirmation approving any change, no third party shall be entitled to benefit from any rights under this Agreement. 10.2. We may transfer our obligations under this Agreement to any group company without notice.
11. GOVERNING LAW
This Agreement will be governed by the laws of South Africa and any dispute in connection with this Agreement or the services provided by us or our group companies will be governed by the courts of South Africa.