1.2 You are advised to read these Terms and Conditions carefully before you purchase any vouchers from us. By making such a purchase, you hereby indicate that you agree and accept these Terms and Conditions and that you agree to abide by them.
1.3 We reserve the right to amend these Terms and Conditions at any time without notice to you by posting changes online. You are responsible to regularly review the information posted on the Website to obtain timely notice of such changes. Your continued purchase of vouchers will be deemed to constitute acceptance of the amended Terms and Conditions.
The following terms shall have the following respective meanings:
2.1 “Merchant” means a third party who shall supply or provide the goods and/or services for which a Voucher can be redeemed.
2.2 “Purchase” means the purchase of a Voucher through the ShopBack’s website or other online platforms.
2.3 “Voucher” means a voucher purchased by the user through the Website to exchange or redeem for the Voucher Products from a particular or relevant Merchant.
2.4 “Voucher Products” means the products and/or services to be supplied and/or provided by the Merchant.
3. Purchase and Payment of ShopBack vouchers
3.1 As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about our website and our services, the Voucher as well as any other promotional offers. You are able to opt-out of receiving our promotional e-mails or to unsubscribe such information at any time.
3.2 Purchase acceptance and completion of the contract between you and the Company will only be established upon the Company issuing a confirmation of the transaction of the Purchase to you. For the avoidance of doubt, we shall be entitled to refuse or cancel any purchase without giving any reasons for the same to you prior to the issue of the confirmation of the transaction. No concluded contract may be modified or canceled by you except with the agreement in writing of the Company and on terms that you shall indemnify the Company in full against all loss, costs, damages, charges, and/or expenses incurred by the Company as a result of the modification or cancellation, as the case may be.
3.3 All monetary transactions made by you on our website are handled and processed by our payment service provider in accordance with these Terms and Conditions. When a transaction takes place, payment is processed whereby (a) credit card/debit card / online banking information is held and (b) the price of the transaction is charged to the selected payment method immediately. A current, valid and accepted payment method (as may be updated periodically, “Payment Method”) must be provided to us for use of the Service. When using our Service, it is assumed that the stipulated price listed on each item on the Website and/or on the Merchant’s price list is mutually agreed upon transacting.
3.4 In the situation whereby payment is unsuccessful due to any reason (expiration, insufficient funds, or otherwise), you are responsible to edit your payment method. Failure to do will result in allowing us the authority to continue billing the pre-selected payment method. All responsibility to resolve any/all disputed with your financial institution, credit/debit card issuer, or provider of your selected Payment Method, are to be borne by you.
3.5 We sell vouchers to you as an agent for our Merchant partners. We do not guarantee that users or Merchants who are being dealt with will complete the transaction. Once you have made a purchase, you are entitled to redeem the Voucher Products from the specified Merchant. The details of the Merchant and Voucher Products will be stated on the Voucher. Any attempted redemption of a Voucher not consistent with this Agreement may render a Voucher void at our or the Merchant’s discretion.
3.6 You hereby acknowledge that the Merchants, and not ShopBack or its payment service provider, are:
3.6.1 the sellers or providers of their respective Voucher Products;
3.6.2 solely responsible for providing you with the Voucher Products; and
3.6.3 solely responsible for the redemption of any Voucher you have purchased.
3.7 Please take note that the Reproduction, sale, resale, or trade of a Voucher is strictly prohibited. Any attempt to carry out any of these will potentially void the Voucher at our discretion. Any entitlement to cashback will be at our discretion and will be stated at the time of purchase of the Voucher. Vouchers are redeemable in their entirety only and may not be redeemed incrementally. Any unredeemed portions of the Voucher may be forfeited, at the Merchant’s discretion.
3.8 It is at the discretion of the Merchant to determine whether the Voucher can be combined with any other promotions, vouchers, third party certificates, or coupons.
3.9 Neither we nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers.
3.10 Expiry: The Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher. Any subsequent redemption upon the expiry of the Voucher will not be entertained unless determined otherwise by the Merchant.
3.11 All Vouchers are promotional vouchers that are offered for Purchase below their face value and are subject to these Terms and Conditions and/or any terms and conditions as may be specified by the relevant Merchant.
3.12 You hereby acknowledge that the Merchants will have their own applicable terms and conditions in relation to the supply of Voucher Products for the redemption of the Voucher, in which you agree to and shall abide by those terms and conditions.
3.13 It is your responsibility to ensure that any products, services, or information available from the relevant Merchant meet your specific requirements.
3.15 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these Terms and Conditions.
3.16 Any and all purchases made through the Website will be inclusive of (if any) taxes which are constituted by the specific regional law. You will be in agreement with any form of prevailing tax, duties, fees, charges, and/or cost, however, denominated, which may be charged by the extent of the regional law at any time.
3.17 All transactions which are conducted are non-refundable. In cases whereby you have been wrongfully billed, a “case-to-case” basis approach will be taken in the presence of credible evidence of such. The Company holds full authority and discretion towards the outcome of such circumstances. All refunds will be processed in Cashback. Cash refund requests will not be considered. The Company reserves the right to conduct thorough investigations over a period of time that is deemed necessary by customer service agents of the Company.
3.18 For more information, you may reach our customer service at firstname.lastname@example.org or visit us at Level 14, 5 Martin Place, Sydney, NSW,2000 Australia
4. Exclusions and Limitation of liability
4.1 Nothing in this Agreement shall exclude or limit our liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty or these Terms and Conditions; (iii) any breach of the obligations implied by relevant local governing laws; or (iv) any other liability which cannot be excluded or limited by applicable law.
4.2 We hereby exclude all liability in respect of:
4.2.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise concerning the Voucher;
4.2.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
4.2.3 your use of any information or materials on the Website concerning the Voucher (which is entirely at your own risk and it is your responsibility); and
4.2.4 Voucher Products for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which is Voucher may be redeemed).
4.3 Save as provided in Clause 4.2 but subject to Clause 4.4, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our breach of duty.
4.4 For the avoidance of doubt, we shall have no liability for:
4.4.1 loss of revenue;
4.4.2 loss of actual or anticipated profits;
4.4.3 loss of contracts;
4.4.4 loss of the use of money;
4.4.5 loss of anticipated savings;
4.4.6 loss of business;
4.4.7 loss of opportunity;
4.4.8 loss of goodwill;
4.4.9 loss of reputation;
4.4.10 loss of, damage to or corruption of data; or
4.4.11 any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 4.2 and 4.3 apply whether such losses are direct, indirect, consequential, or otherwise.
4.5 In any event, our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) S$50; or b) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
4.6 In this Clause 4:
“Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under this agreement or arising by reason of the invalidity or unenforceability of any term of this agreement (and for the purposes of this definition, all references to “these Terms and Conditions” or “agreement” shall be deemed to include any collateral contract); and
“Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
5.1 Interpretation: In these Terms and Conditions:
5.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
5.1.2 No partnership/agency: Nothing in this Terms and Conditions shall be construed to create a joint venture, partnership, or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
5.1.3 We shall not be liable for any breach of our obligations under this Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, disease, strike, lock-out, labor dispute, an act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events), and any stipulations or regulations imposed by government authorities that prevent the redemption of the Vouchers.
5.1.4 Notices: Unless otherwise stated within this Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
5.1.5 Governing law: These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the relevant Australian governing laws and both parties hereby submit to the exclusive jurisdiction of the courts of the respective cities listed on our website.