Terms And Conditions
These terms and conditions of CashbackEarners.com.au have been in effect since February 3rd 2017.
Article 1- Definitions
The following terms are indicated in these terms and conditions with a capital letter and have the following meaning:
- CashbackEarners.com.au: CashbackEarners.com.au is a part of OrangeBuddies Media World BV, based in Harderwijk, the Netherlands, and registered with the Chamber of Commerce under number 61922633.
- Visitor: Anyone who visits the website at any time.
- Member: he natural or legal person who enters into an agreement with CashbackEarners.com.au, resides in Australia and has a Australian bank account number
- Online Store: The online store that offers products and/or services on its website and where a member with a link via the website will be led, in order to be eligible for a discount.
- Agreement: An appointment, agreement or contract between CashbackEarners.com.au and the member, including the terms and conditions if applicable.
- Transaction: A transaction is a purchase of a product or service from the web store, which is operated by a member on the website of the online store. The transaction is successful if the purchase has been approved by the online store.
- Account: The (personal) environment of the member to which the status of the credit and personal information is subject to change.
- Discount: discounts on the website of CashbackEarners.com.au are associated with a transaction at a web store. The discount (a fixed amount per purchase or a percentage of the total purchase amount) varies by online stores and possibly per product or service.
- Credit: See article 4 paragraph 1 of these terms and conditions.
- Review: Discussion, criticism or review on a web store.
- General Terms And Conditions: all the provisions as set forth below.
- Website: www.CashbackEarners.com.au
13. Article 2 - Applicability Of General Terms And Conditions
- On all offers, agreements and deliveries/transactions of CashbackEarners.com.au these general conditions apply, unless otherwise specifically agreed in writing
- On discounts, displayed on the website, additional conditions may apply. These additional terms are clearly indicated in the information on the online store of the website.
Article 3 - Registration
- In order to use the discounts offered by CashbackEarners.com.au and other services / modules the user must register on the website. After registration a member receives a username and password with which the account (and thus the Credit) can be managed. Registration with CashbackEarners.com.au and using CashbackEarners.com.au is free of charge. The visitor must truthfully fill in the registration form. By registering, he/she declares that he is authorized to use the website and act in accordance with the specified Terms and Conditions.
- A username and password are personal and may not be provided to third parties. Usernames and passwords are not transferable.
- Members must keep the usernames and passwords provided by CashbackEarners.com.au secret. CashbackEarners.com.au is not responsible for the misuse of usernames and passwords and should assume that a member, who logs on to the website, actually is a member himself/herself. Member must notify CashbackEarners.com.au if he/she suspects that his/her username and password are in hands of unauthorized persons. CashbackEarners.com.au has the right to take effective measures in such cases.
- A member is only permitted to use a single account. Managing or creating multiple accounts is not permitted.
- The discount is offered by CashbackEarners.com.au and not by the webshop. The member receives money from CashbackEarners.com.au after a successful transaction. This discount or the amount of money does not appear in the ordering process on the webshop. The discount is translated into a CashCoins and is credited to the account of the member (the "Credit") after a successful transaction . The Credit includes VAT. A discount represents no monetary value until the webshop has given approval and has been confirmed by CashbackEarners. From the moment that a payouthas been requested, the value of one CashCoins will be equal to one Pound.
- Member must visit the website of an online store via a link, which is shown on the website of CashbackEarners.com.au. Without the link indicated by CashbackEarners.com.au it is not possible for a member to receive a discount. In addition, Member has to be logged in on the website of CashbackEarners.com.au to receive a discount. It is important that the member does not close the browser during the order process or surf to another website. Otherwise, the discount is not to be granted to the member.
- Member should not disable cookies. Disabling cookies means that transactions cannot be registered by the website and online store. The discount cannot be granted in that case. Member should have taken the PC check knowledge - accessible via the help menu item on the website - and should act in accordance with the technical requirements for the registration of transactions and assigning of discounts.
- If member cancels a purchase through an online store, in whole or in parts, or returns it, the discount expires (in which case the transaction is classified as "disapproved"). These can both be made before and after the payment of the balance.
- A credit will be granted only if the online store confirms to CashbackEarners.com.au that the transaction, the acquisition, was successful. CashbackEarners.com.au has no influence on the decision of the relevant webshop for the transaction to be regarded as a successful transaction.
- The status of a transaction is reported by an online store to CashbackEarners.com.au. CashbackEarners.com.au assumes that this reporting is correct and excludes liability in the case of erroneous reports regarding member. Member must take care of sufficient evidence himself/herself if the reports of a webshop are incorrect and must provide these to CashbackEarners.com.au.
- CashbackEarners.com.au gets a commission from the webshops connected with her. If a webshop, against the provisions, does not fulfill its payment obligations, no credit shall be credited to the account of the member.
CashbackEarners.com.au gives no guarantee that the discount in combination with other savings or discounts can be used (for example, discounts of the webshop itself).
CashbackEarners.com.au does not accept any responsibility for the consequences caused by disapproving of a transaction by a Web store on the basis thereof or for any damages arising as a result.
- Where the discount is based on a currency other than the Pound it is subject to the exchange rate at the time when the transaction is classified as "approved" by the webshop.
- If a transaction is not listed in the member's account until 48 hours have lapsed after purchase, the member can submit a ticket to report an unrecorded purchase. This should be done within 30 days of purchase. CashbackEarners.com.au will endeavor to find out why the purchase is not registered and that if the discount may still be granted. CashbackEarners.com.au is not responsible to deal with non-registered purchases that are older than 30 days..
- Member shall refrain from hindering or inflicting damage to other members and/or webshops. It is forbidden to start processes or programs which member knows or can reasonably suspect may cause inconvenience or damage to CashbackEarners.com.au, other members or webshops. CashbackEarners.com.au in the aforementioned case shall be authorized to close the account of the member, and to cancel any credit.
- The account will be closed and the balance will be void if CashbackEarners.com.au has a suspicion of fraud or abuse by member.
- CashbackEarners.com.au reserves the right to adjust a discount without prior notice to modify or remove.
- Member will act and show such behavior that may be expected of a careful user by CashbackEarners.com.au.
- CashbackEarners.com.au is not liable for errors in prices on the website of webshops.
- Discount applies only to transactions that are done completely online, discount is not applicable on telephone purchases or purchases in physical stores. Also if the transaction at CashbackEarners.com.au is started online, but is completed or modified by telephone or otherwise, the discount of CashbackEarners.com.au lapses.
- Member shall be responsible for the payment of, or reimbursement to CashbackEarners.com.au for, all taxes in connection with its participation in this service, including all sales and use taxes, but excluding taxes based on the income of CashbackEarners.com.au
Member should refrain from any unauthorized use of the blog on the website and should act and behave in a manner which may be expected of a prudent member. This must in any case be understood that the member::
- will comply with all instructions and regulations displayed on the website or addressed to him regarding the blog, including information from the staff of CashbackEarners.com.au;
- will carry out no actions that violate laws and regulations, morality, public order and/or the rights of third parties;
- will place no posts that are sexually oriented or pornographic, threatening, abusive and/or discriminatory;
- will place no posts that violate the privacy of others;
- will not modify, delete or disable posts by CashbackEarners.com.au or other members;
- will perform no acts that cause inconvenience to other users and / or members;
- will spread no spam or other unwanted messages to other members or visitors of the website.
- Member is solely responsible for the messages that he posts on the blog of the website. If the content of his/her messages is not lawful, he/she can be held liable. CashbackEarners.com.au can not guarantee that the content of the messages of members on the blog may essentially be lawful and / or correct.
- Member acknowledges that CashbackEarners.com.au is not in any manner whatsoever required to spontaneously monitor or edit posts by members, or subsequently for placement of the message.
- If CashbackEarners.com.au comes to understand that certain messages on the blog on the website do not meet these general conditions, it is competent in sole discretion, to remove these messages or adjust them appropriately.
- CashbackEarners.com.au is entitled to make adjustments to posts on the blog on the website to improve the overall quality and/or readability of the Website. Doing so CashbackEarners.com.au will be careful that the overall impression and/or scope of the posts do not change or minimize.
- Member states that he/she – by placing texts, photos and other content on the website – does not infringe any copyrights or other intellectual property rights that belong to any third party.
- Member shall indemnify CashbackEarners.com.au from all claims resulting from infringement of rights of third parties which may have been committed by member using the website, or from a breach of these terms and conditions.
- Member grants free of charge all rights and/or consents to CashbackEarners.com.au necessary to deal posts by member on the website. In any case, granted an unencumbered, worldwide, sublicensable non-exclusive license to use the work to the public. The privileges granted and / or consents apply at least as long as a member has not indicated that he wishes to remove his/her profile from the website.
- Any person may notify CashbackEarners.com.au of behaviors or messages from members who are unlawfully against him.
- CashbackEarners.com.au operates a complaints procedure that allows third parties ("complainants") to submit a complaint. If a complaint in the opinion of CashbackEarners.com.au is justified, CashbackEarners.com.au is entitled to remove the material or make it inaccessible. In that case, CashbackEarners.com.au is also entitled to disclose member's personal data to the competent authorities. CashbackEarners.com.au will inform a member about the progress of this procedure.
- At repeated complaints and/or violating these terms and conditions CashbackEarners.com.au is entitled to deny access of the member to the website.
- Member shall indemnify CashbackEarners.com.au for all damages as a result of the above. CashbackEarners.com.au is not liable for any loss whatsoever that member suffers by the intervention of CashbackEarners.com.au in the context of the complaint procedure, even if the complaint appears unjustified and the information is not in conflict with the Australian. law.
Article 6 - Toolbar Software
- CashbackEarners.com.au provides member the right toolbar software, in order to run, copy and visualize the toolbar.
- The toolbar software is made available without warranty of any kind or claim to work correctly.
- Member is solely responsible for installation and configuration of the toolbar software on the hardware chosen by member.
- The toolbar software is equipped with a module which retrieves updates from time to time via the internet servers of the CashbackEarners.com.au website. These updates can fix errors or add new features to the toolbar software.
- Updates are only provided for the most recent version of the toolbar software.
Article 7 - Benefit Credit
Member gets the credit paid by CashbackEarners.com.au if the following conditions are met:
- the total credit amounts to a minimum of 20.00 CashCoins;
- Member has made a payment request;
- Member has entered current and valid personal address and account information;
- Member has acted in accordance with these general terms and conditions.
- CashbackEarners.com.au will work a request for payment within a period of 3 weeks. However, CashbackEarners.com.au gives no warranty and accepts no responsibility for the consequences caused by the crossing of this term or for any damage as a result. CashbackEarners.com.au will account for the credit. The administration fee will be listed on the website.
- CashbackEarners.com.au returns a portion of credit to the member. The member may choose from a number of levels to pay for the credit. Credit will be distributed if member makes a payment request.
- The Credit of the member is valid for 12 months. After that it will be lifted and the member will void any claim of the credit in respect of the amount standing to the credit.
- It is the responsibility of the member to take care of the presence of the correct address, personal and account information. CashbackEarners.com.au does not accept any responsibility for the consequences created by supplying incorrect address,personal or account information, nor for any damage this may cause.
- Credit is not transferable to another member or another account.
- Credit can only be transferred to a Australian bank account.
Article 8 - Duration And Termination
- The agreement is concluded for an indefinite period.
- The agreement may be terminated by either party subject to a notice period of three months, which may be carried out without termination reasons and justifications.
- If a member is not active on CashbackEarners.com.au since one year or longer, then CashbackEarners.com.au has the right to cancel the member's account, despite any assets on the account of a member being used.
Article 9- Liability
- CashbackEarners.com.au is not liable for third-party websites and its information, including websites of webshops.
- CashbackEarners.com.au is not liable for any technical failure of third parties, including shops, causing a discount or cash prize cancellation or any injury like member's data loss by installing software.
- The delivery and warranty of products purchased via CashbackEarners.com.au or services is handled through the online store only. CashbackEarners.com.au accepts no responsibility for the delivery and guarantee.
- CashbackEarners.com.au's liability vis-à-vis a member per event (where a coherent sequence of events as one event applies) shall be limited to a maximum of the amount standing to the credit of a member with a maximum of 40 Pound.
- The content of the website has been compiled with greatest care. CashbackEarners.com.au cannot however exclude information that is incorrect and / or incomplete. CashbackEarners.com.au is not liable for the consequences of incorrect or incomplete information on the website.
Article 10 - Odds
- In case of force majeure, which at least includes disruptions in telecommunications infrastructure (internet), domestic disturbances, mobilisation, war, strike, exclusion, blockage in the transport business, disorders, stagnation in supply, fire, flood, import and export barriers and in the event that CashbackEarners.com.au by its own suppliers, for whatever reason, be unable to fulfill the agreement,then in that case fulfillment of the agreement can not be demanded of CashbackEarners.com.au. In such case the performance of the agreement may be suspended, or the agreement may be terminated, without any obligation to pay compensation.
Article 11 - Intellectual property
- 1. The website, toolbar software and services are the intellectual property of CashbackEarners.com.au or its affiliates and are protected by national and international laws and regulations governing intellectual and industrial property rights, but not limited to copyright and database rights. The provisions of the website, toolbar software and service extend not to transfer any intellectual and / or industrial property. In the event of violation of the intellectual property rights of CashbackEarners.com.au, the right to use the website may not be granted.
Article 12 - Privacy
- By agreeing to these terms and conditions also explain you have read and agree with the privacy statement, which can be consulted on the Website.
Article 13 - Changes To Terms And Conditions
- CashbackEarners.com.au reserves the right to modify or supplement these terms and conditions.
- Changes also apply to existing agreements, subject to a period of 30 days after issue of the notice of change on the website, by electronic notification or written. Minor changes may be made at any time.
- If a member does not want to accept a change in these terms, he can terminate the agreement against this date until the date on which the new conditions take effect, unless CashbackEarners.com.au has indicated that the old conditions remain in force for the member.
Article 14 - Final Provisions
- The agreement is governed by the Australian law.
- As far as by these terms and conditions or the rules of imperative law not otherwise prescribed, all disputes that may arise from the agreement be submitted to the competent Australian court.
- If any provision of these terms and conditions is found to be void, it shall not affect the validity of the entire terms and conditions. CashbackEarners.com.au will in this case is allowed the intent of replacing (a) new provision (s) to the extent as is legally possible of the original provision.
- Under "writing" falls also email into these general terms and conditions, provided that the identity of the sender and the integrity of the e-mail is sufficiently proven.
- In electronic communications with the CashbackEarners.com.au,retrieved or saved version of the messages by CashbackEarners.com.au is considered the authentic version, including the statement of credit on the account, unless a member can demonstrate that this version is not authentic.
If, after reading our terms and conditions, you have any questions, complaints or comments about these terms and conditions, please do not hesitate to contact us.
These Terms & Conditions have been changed for the last time on 3rd of February, 2017.
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