Fast Track Ambassador Terms and Conditions

We, Us, Our or TBCA means: The Cash Back App Pty Ltd ACN 164 040 019, a company registered in Australia.

Our address is: Level 5, 320 Adelaide Street Brisbane Queensland 4000.

Our Website and Mobile Application is at: www.thecashbackapp.com

You are: a person who is an Ambassador and who has been selected by Us to be a Fast Track Ambassador.

These terms and conditions are in addition to the Ambassador Terms and Conditions which You have agreed to be bound by.

  1. Definitions
  • Terms which are capitalised have the meaning set out below or, if not set out below, as set out in the Ambassador Terms and Condition
  • Ambassador Programme means the referral programme established by Us for the referral of Merchants to Us and Our Website and Mobile Application].
  • Ambassador Terms and Conditions means the terms and conditions applicable to Ambassadors available on Our Website and Mobile Application from time to time.
  • Fast Track Ambassador means an Ambassador who has agreed to be, or will be, bound by the terms of this agreement and will attend the Training.
  • Training means the three week training programme provided by Us to Fast Track Ambassadors which We offer from time to time.
  1. Interpretation ‚Äč
    • In this agreement unless the context otherwise requires:
      1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
      2. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
      3. any obligation of any person arising from this agreement may be performed by any other person;
      4. references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
      5. the headings to the paragraphs in this agreement do not affect the interpretation;
      6. all money sums mentioned in this agreement include GST (if any);
      7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
      8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $100 per hour;  
      9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
  2. Acknowledgement
      1. You acknowledge and represent that You have already agreed to be bound by the Ambassador Terms and Conditions.
      2. Where any term of this agreement is inconsistent with the Ambassador Terms and Conditions, the terms of this agreement shall prevail.
      3. Any tools of trade provided to you to support you in your role as a fast track ambassador remain the property of the company and must only be used for company purposes. These must be returned to us upon request.
         
  3. Technology Use and Terms
      1. Where we provide computers or technology to You as part of a lease or loan, the technology will contain hardware and application monitoring software that enables Us to:
        1. Access Your (our) computers remotely so as to assist you with resolving issues and provide training.
        2. Monitor and track activities on the computer so as to track causes of errors and issues
        3. Access logs, files and applications in order to control or view the computer where required.
      2. Because the software gives Us full access to control the computer, it also means we can access the camera and keystroke history.  In addition, we have full access to the email account we provide to you and also any correspondence you undertake with that email account. Finally, we can also view and monitor your use of the internet and the sites you access.
      3. The above monitoring software is installed for the purpose of protecting the computer from harmful activity, to assist you when you need help and to, in extreme cases, take control of the computer for enforcement purposes.
      4. By accepting our terms, you accept and understand that we do not have any intention to monitor your activity or personal activity, but we do have the access to do so.  Your acceptance of these terms includes your understanding that we will not perform surveillance directly unless there is suspicion of a breach of our corporate policy or unlawful activity.
      5. As part of your use of our technology you agree to:
        1. Act professionally in your conduct while using our technology and systems
        2. Not undertake illegal activity such as downloading files illegally, pirating software or any other copyrighted material
        3. Not access illegal or unsavoury content such as pornography (all types) or online forums and chatting services related to unsavoury or illegal activit
        4. Use you laptop for TCBA related activity
        5. You are allowed to use our computers for your personal correspondence and use – but be aware, the technology is under our ownership and you should not do or store any activity that you would not want us to see (by purpose or by accident).
           
  4. Attendance and Training
    1. By agreeing to these terms and conditions You or Your nominated representative (if you are a company) agree:
      1. to attend all Training that We provide and request You or Your nominated representative (if you are a company) to attend; and
      2. to be responsible for Your own costs and expenses in relation to attending Training, such as travel cos
    2. The time and location of the Training will be at such time and location as We determine, in Our discretion.
       
  5. Payment for Attending Training
      1. We will pay You $500 (including GST if any) per week in arrears for each whole completed week of the Training under paragraph&4, up to a maximum of $1,500 (including GST if any). For the avoidance of doubt,
        1. You will not be entitled to any payment where a whole week of Training is not completed by You or Your nominated representative (if You are a company).
        2. The payment under paragraph (a) will be paid weekly.
      2. The payment under paragraph (a) is a gross amount and We will deduct from it any Tax that We may be required to pay or withhold by law.
  6. Commission
    1. Variation to Ambassador Terms and Conditions
      1. You agree that paragraph 7 of the Ambassador Terms and Conditions is varied as set out in this paragraph 6.
    2. Entitlement to Commission during Training
      1. During the course of any Training under paragraph 4 You may be entitled to Commission for any Registered Merchants and/or Qualifying Services for Merchants approved during the Training period.
      2. Merchants registered by you during this training period will be registered directly with the FTA Pool Shopping Community for the benefit of TCBA.
      3. If you have personal contacts who you wish to list as merchants during this training period, they should be identified to your state manager and these merchants may be registered in your personal Shopping Community during this initial period.
    3. Entitlement to Commission after completion of Training
      1. Paragraph 7 of the Ambassador Terms and Conditions apply after You have completed the Training required by Us.
         
  7. Duration and Termination
      1. This agreement may be terminated by Us without notice and without reason.
      2. If this agreement is terminated, You will continue to be an Ambassador unless terminated in accordance with the Ambassador Terms and Conditions.
        1. all rights, interests and licences granted to You under this agreement immediately terminate;
        2. return all training materials;
        3. any and all claims or actions that one party has against the other in respect of this agreement shall remain intact despite termination.
        4. The acccount that was used while acting as an ambassador will be forfeited and all merchants and members signed up under this account will also be forfeited. No further rewards and or income will be given or earnable.
  8. GST
    1. In this paragraph 8, terms defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this document unless the context makes it clear that a different meaning is intended.
    2. All amounts payable under or in connection with this agreement are inclusive of GST.
    3. The Recipient receiving a taxable supply under or in connection with this agreement is not required to pay to the Supplier any amount in addition to the consideration on account of any GST paid or payable by the Supplier in respect of the taxable supply.
    4. The Recipient must receive a tax invoice (or an adjustment note) for that taxable supply prior to making payment of the consideration.