Updated: April 2020
Naked Truth - This is what we are all about
By visiting www.kickback.com.au (website) and/or using any of the applications, functions and/or services hosted on the website from time to time (services), you accept the terms and conditions set out in this document and modifications from time to time notified via the website or direct communication (agreement).
The agreement is between the natural person visiting the website and/or using the services (you); and Kickback Pty Ltd ABN 67 635 882 558 (us, we or our).
Use of the website and/or services by anyone other than a natural person is prohibited.
You may not transfer or assign the agreement.
We may assign the rights and benefits of the agreement as we deem fit from time to time. If we do so, we will notify you via the website or direct communication.
What are kickbacks?
When you shop through the website and make a purchase, we receive a commission from the retailer. We share our commission with you in the form of kickbacks (kickbacks).
Kickbacks are credited to your account with us until you decide what you want to do with the kickbacks, either have cash transferred to your Paypal account, bank account or use them to purchase other things through the website (redemption).
You are solely responsible to: declare redemptions to relevant governmental authorities, if you are required to do so; and to pay any income based taxes you may be liable to pay; in respect of and concerning redemptions.
Before you can accumulate and redeem kickbacks you must open an account – see below the section headed Kickback accounts.
How are kickbacks earned?
Kickbacks may be earned through shopping on the website and taking advantage of promotions offered from time to time via the website or direct communication. The number and/or value of kickbacks offered, terms, conditions and exclusions will be communicated to you at the time of your transaction (kickback terms).
Kickback credits may vary depending on the retailers with whom you are transacting.
Kickbacks are calculated by rounding down to the nearest whole integer and will exclude any special retailer promotions, delivery fees and taxes that may be applied to a transaction, such as GST.
Kickback terms and conditions are independent from the terms and conditions set by retailers hosted on the website from time to time – see below the section headed Retailer transactions.
How are kickbacks redeemed?
Redemptions are made by following the instructions provided via the website or direct communication.
Where you select to redeem in cash Australian currency will be transferred to your Australian bank account.
We may need to apply redemption minimums and/or limits from time to time, which we will notify via the website or direct communication.
If you do not purchase any retailer goods for a period of 12 months your account will be automatically suspended in which case, we will notify you via the website or direct communication.
If your account remains suspended for more than 30 calendar days after we notify you, your kickback awards will automatically and irrevocably be forfeited.
To earn kickbacks you must open and maintain an account with us (account).
You may close your account at any time by following the instructions on the website.
Only natural persons may open, use and/or control an account (i.e. accounts may not be operated by chatbots or corporations). The opening and/or control of multiple accounts by the same natural person is prohibited.
Accounts are opened with a username and password and then linked to an Australian bank account or Paypal account.
When you establish your account you must provide us the information we request (information).
You verify the information you provide to us from time to time is: accurate, complete and true; and not misleading or deceptive. It is your sole responsibility to make sure your information is correctly updated from time to time and it complies with the agreement.
You are solely responsible for operating and monitoring your account. You should not share your account details and/or passwords and should exercise all proper care to ensure that your account details and/or passwords are properly secured.
We take no responsibility for any claims you make or losses you may incur for your failure to keep your account secure.
We will use all reasonable efforts to ensure that agreed kickbacks are promptly credited to your account.
Kickbacks will not be credited until we confirm: your transaction has been completed (i.e. not subject to a cancellation, exchange or return); and we have been paid our commission by the retailer with whom you have transacted.
If there is any discrepancy concerning kickback credits (discrepancy) you should immediately notify us through the website or direct communication.
If a discrepancy is not notified to us within 30 calendar days after the date of a corresponding transaction, we may at our sole discretion decide whether or not to rectify the discrepancy.
The website permits you to: purchase from various retailers the website hosts from time to time (retailer) goods and/or services offered by retailers (retailer goods); and earn kickbacks from those retailer transactions.
We do not guarantee the continued presence of any retailer on the website.
We are not the retailer’s agent. The only relationship we have with retailers is the agreement we have in place that facilitates you and the retailer entering into a transaction for retailer goods, through which we earn a commission that we share with you as kickbacks.
You acknowledge that: we are not offering or selling you retailer goods; and you are purchasing retailer goods directly from the retailer with whom you transact.
Once you purchase retailer goods your transaction will be governed by your agreement with the relevant retailer. You should be careful to read the retailer’s terms and conditions for the sale and/or delivery of retailer goods which the retailer should notify to you.
We will not accept any responsibility or liability for any claim you may have in respect of or concerning retailer goods. Any such claims must be made against the relevant retailer.
We reserve the right to adjust kickback credits in your account where we consider it reasonable to do so (adjustment). When we do so we will notify you through the website or individual communication.
Examples of adjustments include, without limit: where a kickback has been incorrectly debited from your account; where a kickback has been incorrectly credited to your account; and where a kickback has been unjustly credited through sharp practice, dishonesty, fraud and/or mistake.
Account suspensions and terminations
Should: we reasonably suspect you are involved in any sharp practice, dishonest or fraudulent activity; and/or you contravene any provision of the agreement; we may in our sole discretion suspend or terminate your account. Should your account be terminated any kickbacks credited to you will be automatically and irrevocably forfeited.
You agree that you have no rights in relation to and concerning kickbacks except those expressly set out in the agreement and/or preserved by relevant statutory laws in force in the State of New South Wales and the Commonwealth of Australia (applicable law). Unless it is illegal to do so, you irrevocably waive any rights you have under applicable law in respect of and concerning kickbacks.
Refer a friend
We will reward you with a $5 bonus credited to your account (referral reward), for every qualified new member you personally refer to us from time to time (qualified referral).
A qualified referral is a direct referral to a natural person who: does not maintain an account with us at the time of referral; has not opened an account with us within 12 months prior to the referral; and through our website makes a first purchase of not less than $20 within 90 days after the qualified referral opens an account (first purchase).
The referral reward is not payable if the first purchase does not earn cashback or is subject to any: cancellation; or refund and/or exchange that reduces the value of the first purchase below $20.
Qualified referrals must be made through the unique referral link we allocate you through our website or other communication (URL).
You agree that you will only publish or make known your unique referral link on places that you control directly such as your personal website, blog, social media accounts.
We may at our discretion: suspend; withdraw; or modify terms and conditions applying to; referral rewards and/or qualified referrals at any time. Should this occur a notification will be provided on our website or other communication.
The intention of the referral award is to: increase the value of our business; and reward you for helping us. We expect you to act: honestly; with integrity; in compliance with all applicable law; and not attempt to unjustly reward yourself or misuse your URL to our detriment (infringement).
If we reasonably suspect there has been an infringement by you and/or any qualified referral, we may without prior notice: revoke any or all of your referral rewards; and/or terminate and close your URL and/or account.
Without limitation, infringements will include: self-referrals; duplicated referrals; misleading or deceptive referrals; false referrals; using and/or collaborating with third parties to increase your referral awards; disrupting and/or interfering with our technology; sharp practices; adversely affecting our goodwill and/or reputation; and/or contravention of any applicable law.
Compliance with applicable law
When: accessing the website; using the services; and/or operating your account; you must comply with all applicable law.
You must not use the website, services or your account for any activity that contravenes applicable law or any agreements, arrangements or understandings we have with any natural person or entity.
You authorise us to communicate with you through any modes of contact you have provided when opening or updating your account.
Should you install our mobile application, you consent to us sending you push notifications.
Should you use the website or our social media platforms to post any comments or communicate with: us; other account holders; and/or retailers; you must at all times act appropriately and responsibly.
You must not under any circumstances act in any way that may reasonably be considered to be abusive, derogatory, distasteful, hateful, inflammatory, obscene or threatening.
Should we consider your conduct has contravened this agreement we may suspend or terminate your account at our sole discretion and without prior notice.
Subject to you complying with the agreement, we authorise you to use the website,www.kickback.com.au and access the services.
Should you upload our mobile application we grant you a non-exclusive, non-transferrable right to use our application provided you comply with the agreement.
Except as set out in the agreement you are not authorised to use any of our property in any way including, without limit, our intellectual property rights such as our trademarks and logos.
Except as set out in applicable laws, we make and give no warranty in relation to and concerning the website, our services, kickbacks and/or referral awards.
You acknowledge we have made no representations except those expressly set out in the agreement.
Any claims you may have against us must be formally commenced within 6 months after a claim has arisen (claim period).
If you fail to make a claim during the claim period you incontrovertibly forfeit and forego your right to make a claim against us.
You agree that our maximum aggregated liability for any claim you may make in respect of or concerning the agreement will be $200.00.
You agree to indemnify us from any third party claim and any liability, loss and/or expense we suffer and/or incur as a result of you contravening this agreement (your indemnity).
We reserve the right to assume control of any adjudication or litigation the subject of your indemnity and to settle such adjudication or litigation as we see fit in our sole discretion.
This document and any modifications of this document notified to you via the website and/or direct communication represents the entire agreement between you and us.
All disputes between you and us (dispute) must be resolved by arbitration convened under the provisions of the Commercial Arbitration Act 2011 (NSW), which shall be the sole and exclusive means to settle the dispute (arbitration).
The arbitration shall be conducted by one arbitrator in a place of his or her choosing within the central business district of Sydney, Australia.
The laws of the State of New South Wales and the Commonwealth of Australia shall govern the agreement and any arbitration.