Terms and Conditions
This Cashback Service is provided to you by CashbackAPP and is operated on their behalf by Cashbackpoint (Pty) Ltd (2013/118782/07)
Where the following terms or phrases are used, they shall have the following meanings:
Active Country means any country in which we currently allow cardholder registration.
Agreement means these terms and conditions.
Authorised Merchant means a merchant retailer who has agreed to provide Cashback to Cardholders on Qualifying Transactions.
Business day means a day other than a Saturday, Sunday or public holiday in Zimbabwe when banks are open for business.
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 2.5.
Transaction Verifier means any organisation with whom we work directly or indirectly with the express purpose of electronically or manually verifying registered cardholder’s transactions at Authorised merchants. This term includes any card scheme with which we have a direct or indirect relationship, including but not limited to, VISA, MasterCard, American Express, Diners Club. It also includes any processor of financial transactions where we have a direct or indirect relationship, whether this is a merchant themselves, a merchants agent, a merchants payment service provider, a payment gateway, or whether this is your card issuer or your card issuers processor. This term also includes, but is not limited to EPOS system providers, terminal providers, programme managers, banks, acquirers, ISOs, receipt and e-receipt processors.
Withdrawal conditions means such conditions which are defined on our website, including but not limited to, having to accumulate a certain amount of cashback before withdrawal as well as compliance with any applicable money laundering legislation.
This Agreement is a legal document and has been carefully designed to reflect the way the Cashback Services operate through both cashbackAPP and our official mobile application programme. This Agreement will form the basis of your rights and obligations to Cashbackpoint (Pty) Ltd (2013/118782/07) (“ 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 or register your card, please contact us through the help section at zw.cashbackapp.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 an active country. You will need to register through our website 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 or card 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 programme allows you to receive Cashback on Qualifying Transactions whenever you fulfil the withdrawal conditions.
2.3. You expressly agree to authorise each and every one of our Transaction Verifiers to verify your purchase transactions for us, and provide us with such information, so that we may provide the Cashback services to you.
2.4. For the purpose of this agreement you expressly agree that all Transaction Verifiers are not party to any transaction you make and are only required by us to verify your purchase transactions. You also agree that all Transaction Verifiers cannot and will not be held liable by you for any direct or indirect loss or damages which you may suffer for any reason, including but not limited to, merchants closing their businesses and not paying the monies due, or our own non-performance. Furthermore you expressly agree that all Transaction Verifiers are not in any way responsible for your cashback.
2.5. A “Qualifying Transaction” is one where we receive confirmation from a Transaction Verifier 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. In cases where your bank, or our service provider, provides us with your new card details you authorise us to replace the details in our system on your behalf. Please note that we cannot back-date Cashback in any circumstances and your Cashback enabled card must be used at the time of purchase.
Snapcash Receipts Programme: Where you have chosen to earn or claim Cashback as a result of our “Snapcash receipts programme”, you agree that Cashback may only be awarded by us where you have submitted 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 the Authorised merchant’s decision or ours on their behalf, to accept and/or pay cashback on any receipt is final and binding.
2.6. Withdrawing Cashback & Our Fees:
2.6.1. Once a Cardholder completes a Qualifying Transaction and we have received the Cashback amount from the Authorised Merchant, we will pass this on to the Cardholder’s account. Once your account balance reaches $50 or more, the Cashback balance may be withdrawn. Please ensure any personal and/or bank details you provide us are up to date and accurate, as we cannot be held responsible for any delay or error in processing your withdrawal request as a result of out of date or incorrect information. Whilst we expect withdrawal requests to be processed and sums to arrive in your account within 10 business days, please be aware that some requests may take longer due to internal checks and transfer timescales.
2.6.2. If any dispute arises as to the amount of cashback payable by CBP to the Registered Customer, the same shall be referred to independent auditors for settlement and their certificate shall be final and binding on both parties
2.6.3. Our Fees: When your Cashback balance is withdrawn, you will receive the value of the total Cashback earned by you less the fees we have charged you for providing the Cashback Services. These fees ($20 of the first withdrawal per annum) collected only on withdrawal, are notified to you when you register for the Cashback Services.
2.6.4. 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.
2.7. 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 more than once 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.
Cashback Services and us: Neither CashbackSA, cashbackapp.com, cashbacksa.com, zw.cashbackapp.com, Cashbackpoint Proprietary Limited or Cashbackpoint Proprietary Limited’s group or parent companies are party to any of the transactions you make – this is a separate contract made between you and the retailer. As such, we 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 a website and administration facility to assist your collection of Cashback.
3. Intellectual Property and our website
3.1. By uploading or including any material to zw.cashbackapp.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 zw.cashbackapp.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 zw.cashbackapp.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 zw.cashbackapp.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 and Privacy
4.1. We would highlight that all handling or processing of any data, personal or anonymous, will be in strict compliance with the all applicable laws that govern the environment in which we operate. From time to time, CashbackAPP may require Third-Party Vendor participation. In such instances, the Third-Party Vendor’s terms will apply. It is your responsibility to make sure that you understand all Third-Party Vendors’ terms.
4.1.1 By agreeing to these terms and conditions, you voluntarily provide us with your personal information and consent to us collecting and processing your Personal Information to:
· open, administer and operate your CashbackAPP account;
· assess and analyse the conduct on your CashbackAPP account.
· carry out statistical and other analysis
· develop new products and service offerings.
· You acknowledge that we:
· Will at all times be responsible for determining the purpose of and means for Processing your Personal Information;
· May be required by various laws, including FICA, to collect some of your Personal Information;
· You consent that we may:
· Process your Personal Information within the Group for the above purposes;
· share your Personal Information to any person who provides services to us or acts as our agent or to whom we have transferred or propose to transfer any of our rights and duties in respect of your CashbackAPP account.
· share your personal information with our service providers. Persons who provide services to us to must adhere to our privacy policies if they require access to any Personal Information to carry out their services.
4.2. We require that you accept “cookies” onto your computer or mobile device so that we can track online transactions.
4.3. By using the Cashback Services you agree to us sharing proof of any transactions where you are claiming cashback with our Authorised merchants. This includes the transaction itself and any personal data necessary to identify you as the cardholder who transacted. You expressly consent to us doing so, so that we may provide a more beneficial service to you. If you subscribe to any merchants contact list, through having transacted there, or pressing the subscribe button, you also allow them to contact you. You may unsubscribe from any merchants list at any time.
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 tokenised and stored securely either with us or with our service providers. Furthermore we use 256-bit encrypted, bank-level security to protect your data. In order to provide the service to you, you authorise us to re-tokenise your card data multiple times with numerous providers.
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.
5.4. We shall not be liable for direct loss or damages, whether in contract, delict or otherwise, and whether caused by act or omission or that of our 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, delict 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. Termination of the agreement
6.1. You may cancel your Agreement by notifying us of your wish to cancel in writing 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 your 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 your account. Once your account is formally closed and this Agreement is terminated, we cannot recover any pending Cashback that remains in your account. Admin fees may be applicable as per 6.3.2
6.3.2. We Terminate: Where we terminate this Agreement you acknowledge that all Cashback held in your account will be paid out to you, less any applicable admin fees.
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 either party has made a fraud or fraudulent statement.
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 our 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 company without notice.
11. Governing law:
This Agreement will be governed by the laws of Zimbabwe 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 Zimbabwe.