GENERAL TERMS AND CONDITIONS FOR CASHBACK WORLD MEMBERS
Version: August 2018
Preamble
A. myWorld Australia Pty Ltd hereinafter referred to as “myWorld”) a company registered at Suite 2, level 12, 222 Pitt St. Sydney NSW 2000 with Australian Company Number 619 736 542, operates a shopping community that enables registered Members to receive Member Benefits (hereinafter referred to as the “Cashback World Programm”) by purchasing goods and services from Loyalty Merchants.
B. A glossary of the italicised terms used herein can be found at the end of these General Terms and Conditions in Annex 1.
1. Object of the agreement
1.1 The Member shall be entitled to participate in the Cashback World Programm and to receive Member Benefits in accordance with, and subject to the Member's compliance with, these General Terms and Conditions which include myWorld's Privacy Policy.
1.2 The goods and services obtained by the Member from Loyalty Merchants (hereinafter referred to as “Purchases”) shall be rec-orded in the Cashback World Programm. The following options are available to the Member to record purchases to receive the benefits of the Cashback World Programm: Cashback Card, and the use of online channels offered by myWorld for purchases in online shops of Loyalty Merchants. These options for recording purchases are described in greater detail in section 4.3.
2. Basis for the agreement
2.1 Upon acceptance of an applicant's registration by myWorld, a binding contract on the terms of these General Terms and Con-ditions ("Contract") comes into force and the applicant shall become a Member of myWorld and will receive a personal, non-transferable Membership ID (hereinafter referred to as “Member ID”). This entitles the Member to participate in the Cashback World Programm.
2.2 The registration flyer provided by myWorld, online registration, or registration on the premises of one of the Loyalty Merchants, are the options available to an applicant to join the Cashback World Programm and become a Member.
2.3 The Member declares that his/her statements to myWorld (including during the application process) are correct, and indemni-fies and holds myWorld harmless against any loss or damage suffered or incurred by myWorld arising out of or in connection with incorrect, false, misleading or deceptive statements made by the Member. The Member undertakes to inform myWorld im-mediately of any changes to his/her personal data (in particular the residential address, e-mail address, bank details, tele-phone number, etc.) provided during registration.
2.4 Only one registration (i.e. one Member ID) is allowed at a time for each natural person or legal entity. The home or business address (registered office) of the Member must be stated in the registration. Multiple registrations made to obtain unjustified Member Benefits shall entitle myWorld to terminate the each of the Contracts with immediate effect and to withdraw the Member Benefits obtained in this manner. Any Member Benefits obtained solely by means of multiple registrations shall be forfeited.
3. Legal relationship
3.1 Nothing in any agreement between a Member and myWorld shall render a Member an employee, servant, worker, agent, share-holder or partner of myWorld nor shall any Member hold himself out as such.
3.2 The Member shall be entitled only to Member Benefits. The Member shall not be entitled to any remuneration or other payment or compensation for his/her participation in the Cashback World Programm. The Member shall not be entitled to any reimburse-ment of expenses incurred through their participation in, or otherwise in connection with, the Cashback World Programm. The foregoing shall apply equally where the Member is a Recommender.
3.3 The Member is not authorised to represent myWorld, and is not authorised to make or receive statements to or from other Mem-bers with respect to the Cashback World Programm. The Member is not authorised to accept cash or to collect payments on be-half of myWorld. A violation of this section 3.3 shall entitle myWorld to terminate the Contract with immediate effect.
3.4 Without the prior written consent of myWorld, the Member is not authorized:
(a) to use logos, slogans, trademarks, claims, domains, other symbols, or the like of myWorld or Loyalty Merchants;
(b) to create business cards, presentations, videos, audio files, screenshots, web content, media content, flyers, bro-chures, websites, promotional material, direct mail, mailings, homepages, or the like with reference to or mention of myWorld or the Cashback World Program in written or electronic form, or otherwise disseminate or publish the same (e.g. on websites such as YouTube or Facebook);
(c) to conduct meetings such as information sessions, events, workshops, seminars, etc. with reference to and with men-tion of myWorld or the Cashback World Programm; or
(d) to recruit retailers, wholesalers, or other distributors and companies offering goods or services to end users, includ-ing petrol stations, franchisees, and department stores, as Loyalty Merchants or Members, to conduct negotiations or initial discussions, or to engage in any type of recruitment activity to attract such businesses.
4. Cashback World Programm
4.1 By purchasing from Loyalty Merchants, the Member will acquire Member Benefits in accordance with these General Terms and Conditions Points. The Member Benefits and the requirements applicable to obtaining them are described in greater detail in section 6.
4.2 In order to be able to offer Member Benefits to its Members for their purchases, myWorld enters into agreements with Loyalty Merchants. The current list of Loyalty Merchants, including the respective Member Benefits granted by them, is available online at www.cashbackworld.com.
4.3 The Member can use one of the follow methods to record his Purchase:
4.3.1 The Cashback Card is available as a paper, plastic, or virtual (online) card. It is not a means of payment, but serves solely to record the purchasing data.
4.3.2 When shopping online, the Member
(a) can use his/her login details to log in at www.cashbackworld.com and select the online shop of the desired Loyalty Merchants or
(b) go to the online shop via another online channel offered by myWorld to register the Purchase and immediately make Purchases in the online shop of the Loyalty Merchants. The Purchase can be recorded only if the Member's system allows cookies during the purchasing transaction and does not use ad blockers or script block-ers. For more detailed rules concerning online shopping, please refer to section 5.
4.4 In the cases of sections 4.3.1 and 4.3.2, the Loyalty Merchants transmits the recorded purchasing or accounting data to myWorld to calculate the resulting Member Benefits.
5. Online shopping
5.1 Members should refer to the FAQ section of www.cashbackworld.com for information regarding online shopping.
5.2 To the extent that the Member makes online purchases from myWorld (such as Vouchers, or merchandise articles), the Member is entitled to cancel such online purchases or withdraw from the consumer contract with myWorld without reason within 14 days by providing written notice to myWorld.
5.3 According to section 6.4, in order for Member Benefits from Purchases made by means of online shopping to be credited, any cancellation period must have elapsed and the Member must not have cancelled the Purchase.
5.4 A Member shall be entitled only to Member Benefits for those Purchases from the online shops of Loyalty Merchants that are listed for the country where the residential or business address of the Member (as per the registration) is located according to www.cashbackworld.com.
5.5 myWorld has no influence on the design of the (linked) online shops of Loyalty Merchants and is not responsible for them. myWorld shall have no liability whatsoever to the Member for any content on the linked websites which is illegal or otherwise offensive to common decency.
6. Member Benefits from the Cashback World Programm
6.1 Purchases by the Member that have been entered in the Cashback World Programm enable the Member to receive Member Bene-fits, subject to these General Terms and Conditions. Member Benefits are based on the contractually agreed conditions between myWorld and the respective Loyalty Merchants and therefore vary depending on the Loyalty Merchants, the business sector, and the country. As at the date of this version of these General Terms and Conditions, the Member Benefits consist of Cashback (section 6.1.1), and for Purchases from some Loyalty Merchants, Shopping Points (section 6.1.2).
6.1.1 Cashback: For Purchases that have been posted in the Cashback World Programm, the Member shall receive Cashback of up to 5%, unless otherwise agreed with myWorld. The actual Cashback percentage of the respective Loyalty Mer-chant indicated in www.cashbackworld.com shall apply. Cashback payments shall be made pursuant to sections 6.4 to 6.6.
6.1.2 Shopping Points: For Purchases that have been posted in the Cashback World Programm and transacted with Loyalty Merchants that award Shopping Points for Purchases, the Member shall receive Shopping Points. Shopping Points can be redeemed by the Member to obtain a discount for Purchases as part of special promotions identified in www.cashbackworld.com. More specific details are described in section 7.
6.2 myWorld reserves the right to depart from the terms in this section 6 and section 7 as part of special promotions. myWorld endeavours to offer its Members the greatest possible selection of shopping opportunities with Loyalty Merchants whilst organ-ising substantial discounts with Loyalty Merchants in order to offer substantial benefits to the Members. If differing conditions are agreed with a Loyalty Merchant in the form of special promotions (as may be the case with a typical Purchases such as mo-bile phone contracts or travel arrangements), myWorld will refer to this separately in the merchant detail page at www.cashbackworld.com (see section 6.3 below.)
6.3 The respective benefits granted are listed at www.cashbackworld.com. Members should check the Cashback World website regularly for the status of the conditions for the respective Loyalty Merchant. myWorld is entitled to change the Member Benefits granted for individual Loyalty Merchants with a notification period of two weeks, where, and to the extent that, the conditions agreed by myWorld with the Loyalty Merchant change. The conditions that applied at the time that the Member paid the Purchase in full shall be used to calculate the Member Benefits due to the Member.
6.4 In order for Member Benefits to be credited, the Purchase must be fully paid by the Member and any legal rights to cancel the Purchase under a "Cooling-Off Period" including any existing distance selling cancellation period, must have elapsed. If these requirements are satisfied, the Loyalty Merchant will confirm and report the Purchase to myWorld. Member Benefits from Purchas-es made that have been reported to myWorld before 11:00 p.m. Sunday by the Loyalty Merchant will be credited to the Member on the following Tuesday (ie 2 days later). Member Benefits from Purchases made that have been reported to myWorld after 11:00 p.m. Sunday by the Loyalty Merchant will be credited to the Member one week after the following Tuesday (ie. 9 days later). myWorld ob-ligates the Loyalty Merchants to report no later than within three months from the date on which the requirements according to clause 1 of this section 6.4 are satisfied. A payout of the Member Benefits to the Member shall be possible only after the Loyalty Merchant has reported them to myWorld.
6.5 myWorld transfers credits from Cashback on a weekly basis to the bank account stipulated by the Member when they amount to at least AUD$15.00. The entitlement to receive a payout of the Cashback shall lapse if the amount of AUD$15.00 is not reached within three years of the accrual of the Cashback amounts equalling less than AUD$15. Any Member entitlement to receive a credit for Cashback amounts is conditional upon myWorld having received bank account details for payment from the Member. After the amount of AUD$15.00 has been reached, the Member entitlement to receive a credit for Cashback amounts shall expire unless the Member has bank account details within 6 months of the AUD$15 amount being reached.
6.6 If the Member makes Purchases from Loyalty Merchants abroad (locally or online), the Cashback may in some cases first be shown in the payout account in the respective foreign currency. Upon confirmation of the Purchase by the Loyalty Merchant, the amount in the Personal Member Area of the respective Member will be converted automatically to the national currency of the Member according to the respective reference rate of the European Central Bank or other relevant bank for the date the pay-ment is received by the Loyalty Merchant. Section 5.4 shall remain unchanged, i.e. Member Benefits shall be granted only for Purchases abroad that are made through channels (e.g. online shops) that are listed at www.cashbackworld.com for the re-spective Member.
7. Shopping Points
7.1 Members are credited with a certain number of Shopping Points for Purchases from Loyalty Merchants in the Cashback World Programm which offer Shopping Points for Purchases.
7.2 The number of Shopping Points that are credited depends on the Purchase Amount as well as the conditions agreed with the respective Loyalty Merchant. As a basis for the calculation, myWorld shows the number of Shopping Points that the respective Loyalty Merchant awards for a purchase price of AUD$150 on the merchant detail page at www.cashbackworld.com
7.3 Shopping Points have no fixed face value. Rather, their value is based on the scope of the discount granted by the respective Loyalty Merchant when the Shopping Points are redeemed. Shopping Points have no cash value and cannot be transferred to oth-er persons against payment. Shopping Points, however, may be given to other Members as a gift, as set out in the Personal Member Area.
7.4 The accumulated Shopping Points are credited to the Member and can be tracked in the Personal Member Area. The Member may redeem them to obtain a discount for Purchases as part of certain promotions presented at www.cashbackworld.com. Shopping Points may be redeemed only in the number specified for the respective Purchase.
7.5 Member Benefits are also granted by myWorld for Purchases for which the Member redeems Shopping Points. In this case, the amount of the Member Benefits is calculated based on the Purchase Amount remaining after deduction of the discount granted for the redemption of the Shopping Points.
7.6 Shopping Points shall expire three years after the end of the year in which the Shopping Points were earned.
8. Personal Member Area
8.1 myWorld provides each Member with a Personal Member Area free of charge at www.cashbackworld.com (login area) where Purchases that have been made and information about Member Benefits from the Cashback World Programm can be viewed at any time after a user name and password are entered. myWorld shall not be liable for any unavailability of the Cashback World websites and the login area at www.cashbackworld.com except as specified in section 12.
8.2 The login details for the use of the Personal Member Area (user name, password, and PIN) are to be kept safe and handled by the Member as strictly confidential. The user name and password must never be made available to third parties under any cir-cumstances. The personal settings can be changed at any time by the Member at www.cashbackworld.com (login area).
8.3 The Member undertakes to notify myWorld immediately of any misuse of his/her user name and password. Following the imme-diate blocking of his/her access by myWorld, the Member will receive changed login details via SMS, e-mail, or by post. myWorld shall not be liable for any loss or damage caused to the Member as a result of any misuse of his/her/its user name and password.
9. Change or assignment of the Recommender
Members who have not made purchases from Loyalty Merchants for a period of six months may change or be assigned to any existing Recommender by naming another Member as a Recommender with his/her consent to myWorld.
10. Data protection
10.1 myWorld collects, stores, and processes personal data of the Members, including data on the purchasing behaviour and purchases of the Members to conduct the Cashback World Programm which includes calculating the Member Benefits. With the Members' consent, myWorld also uses the Members’ data to send them personalized information about offers and products of myWorld and its Loyalty Merchants.
10.2 Further information about the personal data myWorld collects and processes about the Members, the third parties it dis-closes such data to (including the countries where they are located if they are overseas), how the Members can access and request correction of their personal data, how they can opt out of receiving direct marketing communications and how they can make a privacy complaint and how their complaint will be handled can be found in myWorld's Privacy Policy at www.cashbackworld.com All enquiries by the Members regarding their personal data including access and correction requests, revocation of con-sents and complaints can be addressed directly to myWorld at myWorld Australia Pty Ltd, Suite 2, Level 12, 222 Pitt St NSW 2000 Australia +61 2 9007 1000, e-mail: service.au@cashbackworld.com
10.3 myWorld uses internationally recognised security technologies to protect Members' data against unauthorised access. However, as the Internet is inherently insecure, myWorld shall not be liable for security of the data transmitted via the Inter-net except as expressly specified in section 12.
11. Scope of Service
11.1 The scope of services offered to Members by myWorld is limited to the implementation of the Cashback World Programm as described in these General Terms and Conditions.
11.2 Except as expressly stated in these General Terms and Conditions, the Cashback World Programm is provided entirely “as is”. To the maximum extent permitted by law, including the Australian Consumer Law, myWorld excludes all implied conditions and warranties with respect to the Cashback World Programm, excluding any implied condition or warranty the exclusion of which would breach any statute or cause any part of this section to be void.
11.3 If any law implies a condition, warranty or guarantee into these General Terms and Conditions which cannot lawfully be ex-cluded, to the maximum extent permitted by law, including the Australian Consumer Law, myWorld's liability for any breach of such implied condition, warranty or guarantee will be limited (at myWorld's election) to the supply of the relevant service again or the payment of the cost of having that service re-supplied.
11.4 The rights and obligations with respect to purchases made by the Member from Loyalty Merchants are solely those of the re-spective Loyalty Merchants. myWorld makes no warranties in respect of Loyalty Merchants or the performance of their obliga-tions, and will have no liability or responsibility for any failure to perform or lack of performance of obligations of the Loyalty Merchants, including in the event of any non-performance or inadequate performance by the Loyalty Merchant.
12. Liability
12.1 Subject to section 11.3, to the maximum extent permitted by law, including the Australian Consumer Law, myWorld, and any related body corporate or affiliate of myWorld, and any of their officers, employees or agents are not liable for any loss, damage or claim of any kind (including, without limitation, economic loss, consequential loss or loss of profits), arising under or in connection with these General Terms and Conditions or the Cashback World Programm, including, without limitation, any changes to these General Terms and Conditions or the Cashback World Programm, save to the extent that such loss, damage or claim arises from the negligence or wilful misconduct of a myWorld, a related body corporate or affiliate of myWorld or their officers, employees or agents.
12.2 Without limiting section 12.1, to the maximum extent permitted by law, including the Australian Consumer Law, myWorld, and any related body corporate or affiliate of myWorld, and any of their officers, employees or agents are not liable for any loss, damage or claim of any kind arising out of or in connection with:
(a) interruptions to the availability of the Members' access to the Internet;
(b) other technical and electronic errors (i) during data communication via the Internet and (ii) when using the myWorld Internet portal, myWorld SMS service, and myWorld applications for mobile devices, provided these errors are not at-tributable to myWorld;
(c) technical and electronic errors not attributable to myWorld that prevent the recording of purchases made in the Cash-back World Programm (in particular, any tracking failures and resulting data losses);
(d) the unavailability of mobile networks or terminals; and
(e) the failure of mobile devices of the Members to function properly.
13. Costs
13.1 Registration and participation in the Cashback World Programm are free for the Member.
13.2 The Cashback Card is free of charge for the Member as part of the registration.
14. Termination of the Contract by the Member
14.1 The Member shall have the right to terminate the Contract with myWorld at any time by means of written notice to myWorld. Furthermore, but without prejudice to any other provision of these General Terms and Conditions, registering for the Cashback World Programm does not obligate the Member to make Purchases or perform any other activities.
14.2 Upon termination of the Contract, the Member shall be entitled only to Cashback for which a basis had already been estab-lished at the time the Contract was terminated, i.e. if the Purchase qualifying for Cashback had already been made at the time the Contract was terminated. Any Shopping Points accumulated prior to the termination of the Contract by the Member under section 14.1 may be redeemed by the Member within a period of eight weeks after termination of the Contract, in accordance with sec-tion 7.
15. Termination of the Contract by myWorld
15.1 The Contract may be terminated by myWorld with a notice period of 30 days for any reason or no reason (ie. without cause), or with immediate effect in the event of any breach of these General Terms and Conditions that is incapable of remedy or, if capa-ble of remedy, is not remedied within 7 days of the Member receiving notice from myWorld requiring the breach to be remedied (ie. for cause).
15.2 The Member shall indemnify and hold myWorld harmless against any loss or damage suffered or incurred by myWorld arising out of or in connection with any breach of these General Terms and Conditions by the Member, including any costs associated with defending any claim by a third party against myWorld caused by or relating to such breach. Furthermore, myWorld shall have the right to assert a claim against the Member for loss or damage suffered or incurred by myWorld as a result of the any such breach by the Member, including legal costs.
15.3 Upon termination of the Contract, the Member shall be entitled only to Cashback for which a basis had already been estab-lished at the time the contract was terminated, i.e. if the Purchase qualifying for Cashback had already been made at the time the Contract was terminated.
15.4 If myWorld terminates the Contract without cause under section
15.1time within a period of 8 weeks after termination of the Con-tract, in accordance with section 7. If myWorld terminates the Contract for cause under section 15.1, the Shopping Points ac-quired shall expire upon termination of the Contract.
16. General conditions
16.1 The Member may not assign the Contract or his/her rights resulting from his/her participation in the Cashback World Programm, or use them as security, without the prior written consent of myWorld.
16.2 Separate, written agreements with the Member made in individual cases shall either (as applicable):
(a) supplement these General Terms and Conditions and shall take precedence over these General Terms and Condi-tions in the event of any conflict or inconsistency; or
(b) supersede and replace these General Terms and Conditions. provided that the contents of such agreements shall be governed by a written contract or written confirmation by myWorld. Any such ver-bal agreement shall have no force or effect.
16.3 Subject to section 16.2, these General Terms and Conditions and the Privacy Policy and any other terms and conditions or information incorporated by reference into these General Terms and Conditions constitute the entire agreement of the parties (the Member and myWorld) in relation to the Cashback World Programm and supersede any prior agreements whether oral or written. Moreover, myWorld shall be entitled to send information and notices in relation to the Contract and the Cashback World Programm via SMS or e-mail to the Member, as specified by the Member in its application or otherwise notified by the Member to myWorld.
16.4 Changes to these General Terms and Conditions communicated by notice to the Member shall be deemed to be accepted by the Member if the Member does not object to such change within 30 days of receipt of the written notification of change, or con-tinues to participate in the Cashback World Programm following such notice. The changes to the General Terms and Condi-tions shall be deemed to be accepted by the Member at the end of the 30 days period or upon the first participation in the Cashback World Programm by the Member following such notice.
16.5 Insofar as gender-specific designations are used in the contents of the agreement, they refer to both female and male persons as well as to legal persons.
16.6 Should any provisions in these General Terms and Conditions be or become totally or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions.
16.7 The Contract shall be governed by, and construed in accordance with, the law of New South Wales, Australia. The United Na-tions Convention on Contracts for the International Sale of Goods does not apply.
16.8 Registration and participation in the Cashback World Programm is permitted by persons aged 16 years and older. The written consent of the legal representative is required until the age of majority is reached.
16.9 The member undertakes to bear all duties, fees, taxes, etc. incurred by the Member receiving the Member Benefits himself/herself.
Annex 1
Glossary
“Cashback” is a Member Benefit described in greater detail in section 6.1.1.
“Cashback World Programm” is defined in section A of the Preamble.
“Cashback Card” is a plastic, paper, or virtual card (retrievable via a mobile app), that serves to record Member purchases from Loyalty Merchants in the Cashback World Programm. It is not a means of payment.
“Cashback World Programm” is the shopping community operated by myWorld, that enables a Member to receive Member Benefits in the Cashback World Programm when purchasing goods and services from Loyalty Merchants.
"Contract" is defined in section 2.1.
“Loyalty Merchants” are companies that have a contractual relationship with myWorld and from which members can obtain Member Benefits from the Cashback World Programm by purchasing goods and services.
“Personal Member Area”is the login area of the respective member on the Cashback World website (www.cashbackworld.com), which is described in greater detail in section 8.
“Members”are all persons who have entered into a contract with myWorld to establish membership in myWorld according to these General Terms and Conditions, for as long as this contract exists, i.e. has not ended through its termination by one of the contracting parties.
“Member ID” is a unique number allocated by myWorld that serves to identify the Member and to record purchases made from Loyalty Merchants.
“Member Benefits”are the benefits which the Member receives by making purchases from Loyalty Merchants in the Cashback World Programm which are, as at the date of this version of these General Terms and Conditions, Cashback and Shopping Points.
“Purchases” is defined in section 1.2.
"Purchase Amount"means the cost or price of the relevant goods or services purchased by the Member from a Loyalty Mer-chant.
“Recommender” is a Member (Loyalty Merchants, cooperation partner, etc.) that has referred another Member or that is listed in myWorld under one of the requirements of section 9 as the Recommender of the respective Member.
“Registration flyer”is the document that has to be completed, signed, and sent to myWorld in the case of an offline registra-tion, in order to submit a binding offer to myWorld to establish a membership.
“Shopping Points” is a Member Benefit described in greater detail in section 7.