Terms & Conditions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "User", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", "Ourselves", “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the User and ourselves, or either the User or ourselves.
Using This Website
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Public Name / Alias & Country
We may display your public name or alias and country on the website or in other communications including emails and social media where you have engaged with our website and/or service. Such activities include but are not limited to submitting a review, rating a product, liking, disliking and favourting an item, visiting a merchant and submitting a claim. We may also display this information alongside any winnings where appropriate, and where this information has been provided to us by our partners and you have agreed that this information can be shared with us. If no public name or alias has been provided by you, you accept that we will use your first name instead. If you do not agree to us using your first name, you must supply us with a public name or alias instead, by entering this information in your account area. No other personally identifiable information will be made public.
In accordance with the Data Protection Act 1998, any information concerning the User and their respective User Records may be passed to third parties. However, User records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Users have the right to request sight of, and copies of any and all User Records we keep, on the proviso that we are given reasonable notice of such a request. Users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We endeavour to answer any queries and solve any issues as promptly as possible. We therefore request that all queries, comments and compaints are sent to us via our support page which can be found in the footer of this website.
"Cashbacker" is a trading style of Cashbacker (UK) Ltd registered address 20-22 Wenlock Road, London, N1 7GU. Our address for correspondence is Cashbacker (UK) Ltd, PO Box 10291, Nottingham, NG5 0HD. We are a company registered in England and Wales under registration no. 08238365.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Cashback & Referral Earnings
We promise to do our utmost to provide you with the best possible service at all times and endeavour to offer you the best possible cashback incentives and referral commissions.
The following terminology applies to these Terms and Conditions: "Product" refers to the products or services we advertise on this website. "Merchant" refers to the supplier of the products we advertise on this website. "Purchase" refers to the purchase or registration of a product for which we are entitled to receive a commission from the merchant. "Claims" refers to the process during which our users supply us with the necessary information they used while purchasing a product. "Claim verification" refers to the process we undertake to confirm that our users are eligible for the cashback incentive offered by us in connection with their purchase of a product. "Referral" refers to the person who successfully registered as one of our users using the unique tracking links we provide to you via various means on this website when you are logged in.
Any products or services we advertise on this website which offer a cashback incentive require us to verify users' purchases with the merchant supplying the product. You therefore agree that any merchant you make a purchase with via this website may supply us with limited non-sensitive information for tracking and verification purposes. We agree that this information will not be divulged to any third party without your prior written consent.
Every effort will be made by us to verify claims using the information provided by a user when submitting their claim however in rare cases due to circumstances outside of our control it is possible that on occasions claims cannot be verified. You agree that in the unlikely event that your claim, or your referral's claim, cannot be verified we exclude any liability financial or otherwise in connection with the purchase of the product.
Merchants may offer other services to you or your referrals which are not eligible for the incentives offered by us. You agree that your or your referral's acceptance of or participation in such services is excluded from the incentive offered by us.
You accept that any incentives advertised in percentages are based on the "net revenue" you or your referrals generate as a result of the purchase of a product. Each merchant has their own definition of "net revenue" but generally this is defined as the gross revenue for the said period of time less licence fees, betting and gaming taxes, payment costs, bonuses and/or loyalty bonuses, jackpot contributions and chargebacks/refunds. Application of negative amounts to member accounts is necessary to combat fraud and abuse of the incentive scheme and is at the sole discretion of the Company.
The date a product was purchased is deemed to be the date the merchant has recorded the purchase in their system and which they supply to us. Claims submitted to us more than 30 days after the date a product was purchased will be declined and will therefore not be verified.
In order to verify claims and calculate incentives due we rely on the information and reporting provided to us by the merchant. If for any reason this information is found to be inaccurate we will endeavour to obtain the correct information and upon us obtaining the correct information any incentives due to you will be appropriately adjusted. If for any reason the information we rely on ceases to be provided to us then we exclude any liability for incentives in connection with the purchase of products from the merchant.
Payments made by us to you may undergo currency conversion depending on the currency set in your account. Payments subject to currency conversion will be calculated using the conversion rate applicable at the time the incentive reward was applied to your account.
Payments will be sent by us to you via your preferred payment method within 2 working days of the payment being added to your Cashbacker account. If you have not set a preferred payment method we will send the payment to a payment provider of our choice who will contact you via the email address registered with us with details on how you can obtain your funds. We try to make this process as simple as possible for you however you may be required to register an account with the payment provider in possession of your funds. Most payment providers offer free registration however you may be charged a fee to withdraw or transfer your funds to another account. You will be contacted by us whenever we are aware of a failed payment attempt and the funds will remain outstanding until we are able to successfully settle them to you.
In order to protect us from fraudulent transactions payments due on newly verified claims may only be settled during the 2nd payment cycle following the date a product was purchased. The total amount payable by us arising from a user's verified claims is calculated as the sum of the incentive amounts due to them from each of their verified claims, including any negative amounts which may result from chargebacks, refunds or winnings. The total amount payable by us arising from a user's referrals' verified claims is calculated as the sum of the incentive amounts due from each of their referrals' verified claims, including any negative amounts which may result from chargebacks, refunds or winnings. We will only ever settle positive amounts due to a user and will never request payment from a user for negative balances. If the total amount payable to you for your verified claims is negative the amount will be carried forward until it becomes positive. If the total amount payable to you for your referrals' verified claims is negative the amount will be carried forward until it becomes positive.
We are able to offer you cashback incentives and referral commissions because we may receive a commission when you purchase a product via this website. The cashback incentive offered by us is paid out of the commission we may receive as result of the purchase of the product. The referral commission offered by us is paid out of the commission we may receive as a result of a user's referral's purchase of a product. If a merchant declines payment of our commission, is late in paying us our commission or withholds payment of our commission for any reason we reserve the right to withhold payments of cashback or referral commissions due to you as a result of a purchase of a product supplied by that merchant until we receive our commission. If for any reason the commission paid to us by a merchant is less than the total sum of the payments due resulting from verified claims for that merchant then we reserve the right to withhold and/or delay those payments until the commission paid to us by the merchant exceeds the total sum of the payments due.
There is strictly only one Cashbacker account allowed per person, per household. We monitor account usage closely and if we detect any activity to suggest a user is attempting to abuse the incentive schemes offered by Cashbacker by impersonating or assuming the identity of another user in order to benefit from the referral scheme, or as a way to hold multiple accounts, or for any other reason including where we believe accounts have been managed by the same individual or group of individuals, we reserve the right to freeze all accounts we believe to be involved in the activity and suspend and/or decline all claims associated with those accounts.
We reserve the right to suspend, decline or terminate any claims or accounts, or to withold or void any payments, for any reason, including where we believe the user is abusing the incentive schemes or is engaging in fraudulent activity, without prior notice. Our decision is final.
The laws of England and Wales govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the User and ourselves. Your accessing of this website and/or purchasing of a product indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Last updated: 25th November 2014