Acceptance of Terms and Conditions
2. The CashCo Program
The CashCo program allows Members to earn cashback for purchases made and tracked at participating sellers and suppliers of goods or services (“Retailers” or “Retail partners”). To qualify for cashback, the Retail partner must confirm that the Members purchase is tracked, genuine and successful (a “Qualifying Transaction”) and referral payments (commissions) must be received by us before being confirmed as Cashback.
When a Member makes a purchase from a partner store featured on the CashCo site after clicking the link, the Retailer pays us a referral fee for sending a customer to their site. Once the Retailer has confirmed the qualifying transaction and paid CashCo, we pass the agreed cashback amount back to Members in the form of a cash credit which can, upon request (and subject to minimum payment thresholds), be deposited directly to a Members New Zealand bank account or PayPal account.
You must be at least 18 years of age to open a Member Account. A person may have no more than one Account. You must be a resident of the New Zealand to register for a CashCo Account.
You must register for the CashCo program using accurate and current information about yourself - including your correct name, address and any other requested details. If you are asked for, and provide, details of a bank account, PayPal account, or other account into which you wish to receive cashback payments you must ensure that you are, and remain, fully entitled to use that account to receive cashback transfers. You must ensure that the details of any receiving account provided are, and continue to be, accurate. You should keep this information updated through your secure profile page.
By accepting these Terms and Conditions you agree to receive email and/or text message communications from us about offers and other advertising and promotional materials we believe may interest you. You can opt out of receiving these communications at any time by clicking the unsubscribe link in the communication or following the process set out in the text message.
Note that your Cashback Payment Method (such as your Bank or PayPal account) may have rules about the maximum or minimum payment that you can receive.
You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change email address, then you must change the address we hold for you on your Account.
4. Inactive Member Accounts and Termination of Membership
Membership to CashCo is free. There is no charge to be a Member or to earn and receive cash back. If your account is inactive for a period of more than twelve (12) consecutive months, CashCo reserves the right to debit your CashCo account balance two dollars (NZ$2.00) per month to recover the cost of account maintenance until (i) you reactivate your account by completing a qualifying transaction via the CashCo site; or (ii) your account balance is zero.
If the balance of your inactive account is or becomes zero, CashCo will close the account permanently and cease to maintain your accounts records and program access. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to CashCo.
When a Member completes a transaction through the website, you are eligible for the cashback amount specified at the relevant Retailer. Although we do our best to ensure the Cashback amounts are accurate, CashCo cannot guarantee they will be accurate at the time of your transaction. Cashback will only be tracked when a Member signed in to their account and follows the store link directly form the CashCo website.
5.1 Qualifying Transactions
After an Member successfully completes a Qualifying Transaction, and once we have received the Referral Fee for that Qualifying Transaction, we pass the related Cashback on to the Member through his/her nominated account when the Member requests payment of that Cashback.
Please note that there are various circumstances in which a transaction with a Retailer may not constitute a Qualifying Transaction, and Cashback may not result from it. Certain stores exclude a limited number of products and purchases from the program. CashCo does its best to maintain an up to date list of exclusions on the Retailers page of the site.
Specific Cashback amounts vary by store, product, category or promotional coupon. The details of qualifying cashback offers are provided in detail on the Cashback website pages.
Cashback is paid on the net purchase value. This value excludes all taxes, GST, fees, shipping, gift wrapping, discounts, credits, returns, cancellations and extended warranties.
There are various circumstances in which sums will not appear in a Member’s alance, and will be forfeited to us, namely:
a. where a Referral Fee is received by us but is not attributed to a Qualifying Transaction or associated with a Members Account (such as where the Member is not logged-in to the CashCo Service when making the relevant purchase)
b. the transaction in question is cancelled after it has been entered into, for example where a purchased product is returned or a right to cancel the transaction is exercised
c. a balance is attributed to an Member or Account that has been:
i. suspended by us under Clause 11 of this Agreement;
ii. associated with any fraudulent activity or any breach of this Agreement;
iii. used to make purchases on behalf of, or for the benefit of, any other person
d. where a Balance is attributable to an Account that has been inactive for more than twelve months: an Account is inactive where the Member does not log into it.
When the CashCo tracking system has tracked a successful Qualifying Transaction to your Account, we will credit your Member Account with a 'Pending’ status. Upon confirmation by the Retailer of any qualifying transaction, the payment will update to 'confirmed' – this can take 90 days or more from the date of the purchase. If the goods are returned or the sale reversed or amended by any means then the cashback payment will not be made. In the event that the Retailer feels that the purchase is not genuine for any reason whatsoever and we do not receive a referral fee for the transaction, the Member will not receive any Cashback.
Whether a transaction shall qualify as a Qualifying for cashback Transaction shall be at the sole discretion of the Retailer or us and the Member understands and agrees to the same. We shall not be held responsible if the Retailer fails to report a sale to us or does not qualify a transaction as a Qualifying Transaction. Further, CashCo shall not be responsible in the event due to some technical or other error we cannot trace a sale back to the Member and does not qualify the transaction as a Qualifying Transaction for any reason.
CashCo will endeavour to recuperate non-payments from the Retailer, the decision of ourselves, the Retailer or Retailer's tracking agent is final. Whilst we will try and recuperate missing commissions, at any point we reserve the right not to chase missing commission claims, particularly where no purchase has been made or where the transaction has not been tracked for any reason whatsoever.
5.2 Cashback Enquiries
In the event of a disputed or missing Cashback a Member must complete the “Missing Cashback Form” When a Member sends us an enquiry, our system will determine if the user had an exit click from our site for that store on the date given by the user. If no exit click exists, we will advise the Member that no click has been recorded (refer below for more info on tracking). All exit clicks are recorded to cross reference transaction and cashback values.
Should a cashback enquiry result in a payment by the Retailer, CashCo will credit the Member Account with a revised cashback amount based on any agreed payment by the Retailer. In some cases you may receive a lower amount than expected due to the Retailer payment being lower than the original claim. If after a period of six months a Retailer hasn’t agreed to a missing cashback claim, we reserve the right to close the enquiry claim at our discretion.
5.3 Cashback adjustments
We reserve the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from a Retailer or its agencies and/or misuse or fraud. This can include transactions which are already marked as payable or “Confirmed” in your Account, or for transactions which have already been paid over to you by account transfer or any other means.
5.4 Withdrawing Cashback
Members can withdraw confirmed cashback when their CashCo account has a minimum credit of $NZ20. Cash payments will be made monthly directly to your nominated NZ bank account or PayPal account.
In the event the Member decides to close the Account with us or the Member's Account is closed for any reason whatsoever, before reaching the initial $NZ20 limit, the Member will forfeit any confirmed or pending cashback credit. We have the discretion to forfeit any such validated balance showing on your Account for the reasons provided elsewhere in this Agreement.
5.5 Foreign Currency
The purchase price of all goods and services offered for sale in the CashCo program are in the currency specified by the Retailer. CashCo members must check with the retailer if they are in any doubt regarding the currency of their purchase.
Cashback earned on purchases conducted in currencies other than New Zealand Dollars ($NZ) are calculated based on monthly fixed currency exchange rates on the relevant exchange rate on the first day of each calendar month, sourced form www.xe.com. These rates are subject to change without notice
To earn Cashback, Member must complete their purchase during the same shopping session you start after clicking the CashCo link. Cookies are used to authenticate the user and to track transaction details. To ensure cashback credits are applied to your Member Account, Members must ensure cookies are enabled. CashCo cannot guarantee tracking accurate transaction information if cookies are disabled
6. Intellectual Property
By uploading or including any material on the CashCo Service, a Member expressly grants:
a. to us a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material through the CashCo Service and any other interactive services through which we or our sub-licensee make the CashCo Service (or a service based on the CashCo Service) available; and
b. to other Members (through us, under the licence referred to in a. above), the non-exclusive, personal, non-transferable right to view the relevant material.
You acknowledge that all Content is our exclusive property or used with the express permission of the copyright and/or trademark owner. No Content may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.
'CashCo' is our trade mark. All rights in respect of this trade mark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.
7. Website Content and security
You will ensure that:
(a) Any use you make of the Website is in good faith;
(b) your user name and password is kept secure and confidential and not revealed to any other person; and
(c) you notify us immediately of any unauthorised use of your username and/or password or any other breach of your security on the Website.
You will not post or transmit (either directly or indirectly) any Content on the Website that:
(a) is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or that we may advise from time to time that we reasonably consider to be in any way objectionable or unsuitable;
(b) is or is reasonably likely to be unsuitable for users under the age of 18 years;
(c) infringes the intellectual property rights of any person;
(d) you know or suspect is false or misleading;
(e) contains any virus or other destructive component;
(f) is prohibited by or violates any applicable law or regulation;
(g) defames, abuses, harasses, stalks, threatens, breaches the confidence of or otherwise violates the legal rights (including, without limitation, privacy rights) of others; or
(h) otherwise breaches the Terms.
You agree not to do any of the following (either directly or indirectly) while using the Website:
(a) hack into any part of the Website;
(b) transmit any unsolicited advertising, promotional materials or any other forms of solicitation, unless expressly authorised by us;
(c) breach, or encourage the breach of, any applicable law or regulation;
(d) disrupt an exchange of information between users or otherwise act in a manner that negatively affects the Website and/or any user's enjoyment or use of the Website; or
(e) engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches the Terms or is otherwise inappropriate for the Website.
We may at any time:
(a) refuse to post any Content that we in our absolute discretion consider will breach the Terms or is otherwise inappropriate for the Website; and
(b) edit or remove Content where we determine (acting reasonably) that the Content breaches these Terms or is otherwise inappropriate for the Website
8. Third Party Content and Links
Third party content and materials may appear on the Site or may be accessible via hyperlinks from the Site. We are not responsible for and assume no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content and materials appearing on the Site or accessible via hyperlinks from the Site.
The Website may include links to other websites not owned by us. If you visit a linked website you will be subject to the terms of that website and any dealing will be solely between you and that other website. These links do not imply our endorsement of that other website or product or service being advertised (as applicable) or any association with their operators unless this is specifically stated on the Website.
Given the global nature of the World Wide Web, please note that a posting on the CashCo Service may be accessible to internet users around the world.
You confirm that all information provided to us on the website is current, complete and accurate at the time you provide it. You agree to maintain and update this information to keep it current.
10. Our Role
CashCo is not a party to any transactions with Retailers, and is not the seller or supplier of, and does not endorse, any of the goods or services that they make available. Thus we do not have any of the legal obligations that apply to the sellers of those goods or services.
Accordingly, we have no control over or responsibility for:
a. the quality, safety, or legality of the goods or services available from Retailers; or
b. whether the Retailer can or will supply and pass good title to any goods or services.
Members should exercise no lesser degree of caution in entering into transactions with Retailers than they would when entering into a similar transaction elsewhere.
To the extent that the law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with Retailers, including (without limitation) all claims and demands relating to transactions (whether completed or uncompleted) with Retailers, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Retailers.
We reserve the right to suspend or terminate any Members access to the CashCo Service, or parts of it, if in our reasonable view the relevant Member or Account appears to be in breach of any provision of this Agreement.
An Account should be used only for purchases on the Member's own behalf, and not on the behalf of, or for the benefit of, any other person(s).
Members must not enter into, or attempt to enter into, any transaction with a Retailer or to endeavour to gain Cashback (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a Retailer's offering, or (c) in breach of any terms and conditions applied by CashCo or the Retailer to that transaction.
It is each Member's obligation to ensure that any material posted by him/her or associated with his/her Account:
a. is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
b. is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
c. does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
d. does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark and privacy);
e. does not breach the rights of any person or entity (including any rights or expectations of privacy);
f. where it constitutes feedback on a Retailer, is accurate and fair; and
g. does not advertise any goods or services.
If you see or experience anything on the CashCo Service that appears to infringe any of the above requirements, we would like you to inform us by using our Contact form
Each Member acknowledges that we are entitled, but not obliged, to withdraw any material, which appears - based on information received from third parties or other Members - to be in breach of this Agreement.
12. Contact from third parties
If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:
a. to provide all reasonable information and assistance we may require in connection with responding to that contact; and
b. to respond promptly and accurately to it, should we pass the message to you for a response.
13. Additional services
We or our partners may offer new or additional services through the CashCo Service from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the CashCo Service in an appropriate manner when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.
14. Operation of the CashCo Service
We reserve the right to withdraw, modify or suspend aspects of the CashCo Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavour to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which adversely affect the CashCo Service. There may also be times when the CashCo Service becomes inaccessible as a result of technical difficulties experienced by CashCo or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the CashCo Service or any of the content that appears on it.
Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the CashCo Service at the relevant time, are kept to a minimum.
For security or other reasons, we may require you to change password or other information which facilitates access to the CashCo Service; however, we will never ask you for your password via email, telephone, or any other means other than through the Cashco.co.nz website. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
a. We warrant that the CashCo Service will be provided with reasonable care and skill with the intention of meeting our specifications for the CashCo Service, but we cannot and do not guarantee that the CashCo Service will meet your requirements.
b. The New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified. These Terms must in all cases be read subject to those statutory provisions.
c. CashCo shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
d. Nothing in this Agreement excludes or restricts our liability for death or personal injury resulting from our negligence.
e. Subject to clause 15(b), to the fullest extent permitted by law, we exclude all responsibility and liability whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special or loss of profits) in relation to:
(a) the Content (including without limitation any errors or misstatements);
(b) the Website; and
(c) the Goods and/or Services supplied by any advertiser.
Where any such liability cannot be excluded then, subject to clause 15(b) , we limit our liability to the greater of $10 or the amount confirmed, approved and received by us as cashback from any partner Retailer. If any issue does arise, you may have recourse directly against the partner store.
f. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
i. for any loss of revenue, business, anticipated savings or profits, or
ii. 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 CashCo Service or other non-performance of this Agreement or otherwise.
g. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
h. For the avoidance of doubt, CashCo will not have liability to you or any other person in respect of material contributed by Members, transactions (or non-transactions) with Retailers, or any activity or communication relating to such material or transactions.
i. You waive any claim against us in respect of or arising from any reliance by us upon any use of your username and/or password, including us disclosing information relating to your registration and/or affairs with us.
You agree upon demand to indemnify CashCo against and to be wholly responsible for all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with a Retailer.
You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs) or losses by us or any third party due to or arising out of:
(a) reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your account details (including your username and/or password);
(b) your failure to complete any transaction that the Website may have facilitated;
(c) your breach of any of these Terms; or
(d) any conduct of yours or any transaction entered into by you that does not comply with the relevant law.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of CashCo assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.
18. Entire Agreement
This Agreement is intended to contain your entire agreement with us relating to the CashCo Service; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the CashCo Service, except for any fraud or fraudulent representation by either of us.
We may cease operating the Website, or any part of the Website, at any time in our sole discretion.
We have the right to immediately terminate any Member Account, and to prevent access to the Website by any user, in the event of any conduct by the user which we, in our sole discretion, consider to be unacceptable, or in the event of a failure by the user to comply with any of these Terms.
Termination will not affect rights or liabilities that have already accrued.
20. Changes to Terms
We have the right at any time and without notice to remove, amend and/or vary any of the Content or cease operating the Website in whole or in part.
We reserve the right to change, alter or modify these Terms at any time and will update you of this by updating the 'last updated' notice beside the link to these Terms. By continuing to access the Website you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed or not.
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
22. Dispute Resolution
Where any dispute arises between you and another user (including any Merchant) you agree in good faith to use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any formal legal action. You acknowledge that we will not be a party to any such dispute.
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and CashCo Limited are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand