User Agreements

The Cash Back App Pty Ltd (TCBA)

And

The User

These terms and conditions regulate the business relationship between you the member user and us (TCBA) and describes the conditions under which we and TCBA Merchants may supply goods and services to you.  By using Our Website and Mobile Application in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods.  If you are under 18, please confer with an adult to make your purchase.

We are:  The Cash Back App Pty Ltd (TCBA).

Our address is:  T2.209 / 55 Plaza Parade, Maroochydore Q 4558

You are: The Member User who is a visitor to Our Website and Mobile Application / our customer

The terms and conditions

Definitions

In this agreement:

"Cash Back" means the cash that you earn by purchasing goods and services from merchants, that is paid directly into your nominated Bank Account.

“Cash Rewards”means the cash that you earn as a result of purchases made by your Shopping Community via those members purchasing good and services from our merchants. 

"Loyalty Credit" means the credit that you receive by purchasing goods and services from merchants, and can be redeemed by you against future purchases from the merchant where it was created.

"Special Offers/Deals" means the special offers that are published on our Website and Mobile Application.

"Discount Gift Card" means the Electronic Gift Card that is pre-paid at a discounted rate.

"Discounts" means a discount that may be offered for the purchase of a product or service to the published retail price.

"Shopping Community" means the (Level 1) friends that you directly introduce to TCBA and any additional friends (Level 2) that they introduce, and any additional friends (Level 3) that they introduce, and any additional friends (Level 4) that they introduce, and any additional friends (Level 5) that they introduce, who register in your Shopping Community.

"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

"Consumer" means any natural person who, in connection with this agreement, is acting for purposes that are outside his business.

"Our Website and Mobile Application" means the entire computing hardware and software installation that is or supports Our Website and Mobile Application.

"Goods" means any of the Goods we offer for sale on our Website and Mobile Application, and supplied by us or through one of our Merchants or Suppliers.

"Content" means any material in any form published on Our Website and Mobile Application by us or any third party with our consent.

"Material" means Content of any sort posted by you on our Website and Mobile Application.

"Merchants" means retailers or service providers who offers their goods for sale either via the Website and Mobile Application or directly from their retail place of business, including TCBA

  1. The Purpose of this Agreement
    1. By registering your details and creating an account with us you are entitled to use TCBA to shop with us and at participating merchants and to participate in the following programs:
      1. Cash Back
      2. Loyalty Credit
      3. Special Offers
      4. Discount Gift Cards
      5. Discounts
      6. Shopping Community Income
    2. You will be assigned a unique membership number and QR Code to identify you to us and to participating merchants for the purpose of tracking your expenditure and assigning Cash Back and Loyalty Credit.
    3. Only individuals can join as members and only one membership per individual is permitted. TCBA is Free to download and use.
  2. Legal Relationship
    1. This agreement does not constitute an employment relationship, partnership or agency between you and TCBA.
    2. You are not obliged to share TCBA with individuals or to participate in TCBA Shopping community. If you share TCBA with your friends you do so as an independent person and should respect the privacy of others and ensure that you comply with any relevant privacy and consumer protection laws.
    3. As an individual member you are not authorised without our written consent to:
      1. Use our or participating merchants name or trademarks
      2. Create electronic, audio or print marketing material or media content.
      3. Recruit merchants to list their business, products or services on our website and mobile application.
      4. Conduct public meetings to promote TCBA
    4. As an individual you may promote TCBA to your friends and acquaintances in person or by using TCBA inbuilt electronic platforms which include, Facebook, Twitter, LinkedIn, YouTube, SMS and Email.
  3. Cash Back
    1. As a member you can earn cash back by purchasing goods and services from merchants.
    2. The amount of cash back depends on the individual merchant and is displayed in the App in the Around Me section in the "List", "Map’, and "Search" tabs by selecting the merchant profile.
    3. TCBA records purchases that you make directly from participating merchants when you display your QR Code and the merchant scans it.
    4. If your app is open and you have notifications enabled, you are notified  by App Alert when the merchant has uploaded your purchase details which activates the allocation of your cash back.
    5. Confirmation of your cash back payment is updated in the App in the ‘More’ section in the 'My Walle't menu item.
    6. Cash back is allocated to your wallet after the purchase. If payment method at the merchant was not with wallet funds, funds may be shown as 'pending' for up to 5 buisness days as funds clear from bank transfers. 
    7. Where a Merchant fails to pay TCBA the required debit to fund the cash back disbursement, TCBA will not be liable to make payment to the Member.
    8. Whilst TCBA will endeavour to obtain debit payment from Merchants in a timely manner, TCBA is only the facilitator of these transactions and is not liable to Members for any default by a Merchant
    9. To spend your cash back cash, choose the amount you wish to spend from your available total amount of wallet credit and submt your PIN at time of purchase.
  4. Loyalty Credit
    1. As a member you can earn loyalty credit by purchasing goods and services from merchants.
    2. The amount of loyalty credit depends on the individual merchant and is displayed in the App in the Around Me section in the 'List', 'Map’, and 'Search' tabs by selecting the merchant profile.
    3. Confirmation of your loyalty credit payment is updated in the App in the ‘More’ section in the 'My Cash' menu item.
    4. Loyalty credits will be allocated to your wallet after the purchase. If payment method at the merchant was not with wallet funds, funds may be shown as 'pending' for up to 5 buisness days as funds clear from bank transfers. 
    5. Where a Merchant fails to pay TCBA the required debit to fund the loyalty disbursement, TCBA will not be liable to make payment to the Member.
    6. Whilst TCBA will endeavour to obtain debit payment from Merchants in a timely manner, TCBA is only the facilitator of these transactions and is not liable to Members for any default by a Merchant
    7. To redeem your loyalty credit, choose the amount you wish to spend from the available total amount of credit on the store and submt your PIN at time of purchase.
  5. Discount Gift Cards
    1. Save a variable discount on pre-purchased Gift Cards from leading national brands. These offers are only available via the App.
    2. See individual brands for terms and conditions and discount amount.
    3. A maximum quantity and dollar value may apply from time to time on the amount of Gift Cards that may be purchased in one transaction. 
    4. Some brands offer you electronic Gift Cards which are instantly available on your mobile device after successful on-line payment has been received.
    5. Pre-purchased discount Gift Cards are non-refundable and freely transferable to any individual. TCBA offers no warranty and assumes no liability in relation to Gift Card purchases and you have no claim against TCBA for no performance in relation to Gift Card purchases.
    6. Gift Card orders may be subject to a minimum order amount.
  6. Shopping Community
    1. When you share TCBA with your friends and associates and they register in your shopping community you are able to earn cash rewards paid directly into your nominated bank account on the value of all purchases made by individuals using TCBA in your Shopping Community. The amount given to fund the shopping community is 15% of the discount amount given to TCBA as commission by the merchant. This 15% amount is then share equally with the people 5 levels above the shopper as referral commission
    2. Confirmation of your shopping community cash back payment is updated in the App in the More section in the "Shopping community" button in the 'More' tab.
    3. Cash rewards from the Shopping Community is allocated to wallet after the purchase. If payment method at the merchant was not with wallet funds, funds may be shown as 'pending' for up to 5 buisness days as funds clear from bank transfers. 
    4. Where a Merchant fails to pay TCBA the required debit to fund the disbursement, TCBA will not be liable to make payment to the Member.
    5. Whilst TCBA will endeavour to obtain debit payment from Merchants in a timely manner, TCBA is only the facilitator of these transactions and is not liable to Members for any default by a Merchant
    6. Cash rewards will be added as cash to your wallet balance. To spend your cash rewards cash, choose the amount you wish to spend from your available total amount of wallet credit and submt your PIN at time of purchase.
  7. Our contract with you the member user
    These terms and conditions apply:
    1. So far as the context allows, to you as a visitor to Our Website and Mobile Application or to a Merchants place of business; and
    2. In any event to you as a buyer or prospective buyer of Goods through TCBA.
    3. To the Shopping community that you may create by introducing your friends to TCBA.
    4. We shall accept your order where available via the Website and Mobile Application. When full payment is received that is when our contract is made. An email confirmation will be sent to your account email.
    5. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website and Mobile Application on the day you order Goods.
    6. Unfortunately, we cannot guarantee that Goods advertised on our Website and Mobile Application are always available.  Availability of goods / services is subject to stock quantity and purchase terms of the providing merchant.
    7. If we or the merchant do not have all of the Goods you order in stock, we will offer you alternatives.  If this happens you may:
      1. accept the alternatives we offer;
      2. cancel all or part of your order;
    8. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website and Mobile Application, these terms still apply.
    9. If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.
  8. Your account with us
    1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.  We need this information to provide you with the Goods, Cash Back, and Loyalty Credit.
    2. If you use the website and mobile application, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer and mobile device.
    3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
    4. We reserve the right to refuse you access to Our Website and Mobile Application.
  9. Price and Payment
    1. We endeavour to keep our Website and Mobile Application and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
    2. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
    3. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
    4. Prices include Australian good and service tax. If you show by your delivery address that you reside Australia, we will refund to you the amount charged as GST.
  10. Delivery
    1. Deliveries of goods will be made by:
      1. post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery. OR
      2. In person to you by the merchant at the merchant’s location, OR
      3. An authorised representative of TCBA or the merchant
    2. If we are unable to deliver your order after two calls by our carrier, we will notify you to try to arrange an alternative date for delivery, convenient to you. If we have failed to contact you after 10 days from the first time we attempted delivery, we will cancel your order and return money paid for the goods.  We will retain any charge we made for delivery.
    3. If we ourselves are not able to deliver your Goods within 20 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order. 
    4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
    5. Goods that are sent by standard post are posted at your risk. Goods sent by registered mail are at our risk until signed for by you or by any other person at the address you have given to us.
    6. Goods that are sent by post: We will send you a message by email to tell you when we have despatched your order.
  11. Cancellation of order
    1. With the exception of pre-paid Gift Cards You may cancel your order at any time before we despatch your order.
    2. Details of our after-sales service and guarantees, if any, are given on our Website and Mobile Application / in our catalogue.
    3. If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
    4. If you cancel after we have despatched the Goods, we will refund the price of the goods only.
    5. The option to cancel your order is not available if the Goods are:
      1. Pre-paid Gift Cards
      2. perishable
      3. made or altered to your specification
      4. shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.
      5. newspapers or magazines
      6. provided in person to you by the merchant
    6. If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
    7. You are responsible for the cost of returning them.
    8. To assist us in identifying your Goods on receipt by us, we ask you to contact [email protected] for a returns reference to be placed below our address / returns label.
    9. If you fail to return the goods, within 14 days, we are entitled to arrange for their collection.  If we do we shall look to you to repay us the cost of collection.
    10. We will refund your money within 30 days.
    11. This paragraph does not affect your rights in the event that the Goods are faulty.
  12. Refunds / Returns of goods purchased
    1. ​Refunds and returns are given at the sole discretion of the merhant who sold the product
    2. Where refunds are given, money returned shall only be value of the purchase LESS the discount amount.
    3. The Discount amount consists of the percentage of cash back given by the merchant (eg, 5%) PLUS the percentage of loyalty cash given by the merchant (eg 2%) PLUS the community surcharge (1.5%) PLUS the service fee to TCBA (1.5%).  In a typical purhcase with 5% cash back and 2% loyalty, the total discount would be 10% and theredore the money refunded would be 90% of the purchase price.
    4. Refunds are NOT given for Gift Cards
  13. Foreign taxes, duties and import restrictions
    1. If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
    2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
  14. Goods returned
    1. Our most important task is to ensure your satisfaction.  We will always strive to reach that target.  However, we acknowledge that mistakes are made occasionally.  This paragraph covers that possibility.  If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
      1. exactly what is the fault;
      2. the date, if relevant, when the fault became apparent;
      3. when and how you discovered the fault;
      4. how the fault affected your use of the Goods;
    2. To do this, it is essential that you follow the instructions below.  These provisions apply in the event that you return Goods to us because you say they are faulty:
      1. You must tell us by email message to [email protected] or by letter to our land address at the top of this agreement that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return.  We will then issue a returns note.  If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
    3. The Goods must be returned to us as soon as any defect is discovered.
    4. So far as possible, Goods should be returned:
      1. with both goods and all packaging as far as possible in their original condition;
      2. securely wrapped;
      3. including our delivery slip;
      4. at your risk and cost.
        OR
      5. The procedure for return of Goods is set out on our website.  If you do not follow this procedure, we may be unable to identify you as the sender of the goods.
        OR
      6. To the merchant you purchased it and in accordance with the merchant’s return policy
  15. Disclaimers
    1. TCBA cannot guarantee the amount of cash back and loyalty credit that you may earn as this is dependent on the value of your personal purchases.
    2. TCBA cannot guarantee the amount of cash rewards that you may earn from your shopping community as this is dependent on the value of your friends personal purchases across Level 1, 2, 3, 4 and 5.
    3. We or our Content suppliers may make improvements or changes to Our Website and Mobile Application, the Content, or to any of the Goods, at any time and without advance notice.
    4. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website or app.  We would be grateful if you bring to our immediate attention, any that you find.
    5. We give no warranty and make no representation, express or implied, as to:
      1. the adequacy or appropriateness of the Goods for your purpose;
      2. the truth of any Content on Our Website and Mobile Application published by someone other than us;
      3. any implied warranty or condition as to merchantability or fitness of the Goods for a  purpose other than that for which the Goods are commonly used;
      4. compatibility of Our Website and Mobile Application with your equipment, software or telecommunications connection.
    6. Our Website and Mobile Application contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
    7. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website and Mobile Application or the purchase of Goods.
    8. In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
    9. The above two sub paragraphs do not apply to a claim for personal injury.
  16. Content and Intellectual Property Rights
    1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in:   text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
    2. We also claim copyright in the designs and compilation of all Content of Our Website and Mobile Application. Title, ownership rights, and shall remain the sole property of us and / or the other content provider.  We will strongly protect those rights in all countries.
    3. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
    4. You may not use our name or logos or trade marks or any other Content on any Website and Mobile Application of yours or that of any other person.
    5. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
  17. Your email address
    1. You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
    2. You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
    3. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
  18. Your Bank Details
    1. You acknowledge that you are solely responsible for supplying us with your personal Bank Details for the nominated Bank Account to which we will pay your Cash Back and you agree not to hold us liable for any loss that may occur in relation to your failure to supply correct account details or notify us of a change to your bank account details.
  19. Your Material
    1. If you supply to us or post any Material in Our Website or Mobile Application, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
    2. You agree that if you do supply to us or post any Material on Our Website and Mobile Application, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
    3. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
    4. You represent and warrant that:
      1. you own the rights to all of the Material that you post or supply;
      2. any fact stated in your Material is accurate;
  20. System Security
    1. We will do our best to maintain Our Website and Mobile Application so that you have constant use, but there will be times when your use may be interrupted.
    2. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website and Mobile Application.
    3. You may not use any software tool for the purpose of extracting data from our website and Mobile Application.
    4. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
  21. Acceptable use Policy
    As a condition of your use of Our Website and Mobile Application, you agree to comply with these provisions:
    1. You will not use or allow anyone else to use the Website and Mobile Application  to post or otherwise publish:
      1. copyright works;
      2. commercial audio, video or music files;
      3. any Material which violates the law of any established jurisdiction;
      4. unlicensed software;
      5. software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
      6. links to any of the material specified in this paragraph;
      7. pornographic Material;
      8. any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
    2. You will not use the Services for spamming. Spamming includes, but is not limited to:
      1. The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
      2. The sending of junk mail;
      3. The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
      4. Excessive and repeated posting off-topic messages to newsgroups;
      5. Excessive and repeated cross-posting;
      6. Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
      7. The emailing of age inappropriate communications or content to anyone under the age of 18.
  22. Indemnity
    1. You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site and Mobile Application, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
  23. Termination by You the member
    1. You as the member may terminate this agreement with TCBA at any time by providing us with written notice.
    2. Upon termination you will forfeit the right to further income from your Shopping community and your QR Code will be deactivated which will void any loyalty credit.  
  24. Termination by TCBA
    1. TCBA may terminate this agreement at its absolute discretion if you, the member, have breached any of the terms and conditions of this agreement, or at any time without cause and without stating a reason if it believes that such action is in the interest of TCBA and its members.  TCBA will send you a written notice in the event of termination.
    2. You as the member agree to fully indemnify and holds TCBA harmless in the event of a termination.
    3. Upon termination you will forfeit the right to further income from your Shopping community and your QR Code will be deactivated which will void any loyalty credit.
  25. Privacy Policy
    1. Information about our privacy policy can be found on our website.
    2. TCBA will act to maintain the privacy of all information that you supply to us.
    3. TCBA will collect data about you in the course of maintaining its records about your membership and usage of the App and website as part of our normal administration process. Such information may be used by us in the management and improvement of our systems and for marketing purposes.
  26. Miscellaneous provisions
    1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
    2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
    3. Nothing in this agreement or on Our Website and Mobile Application shall confer on any third party any benefit or obligation.
    4. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    5. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
    6. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
    7. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
    8. The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland. Any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of the Queensland courts.
    9. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.