PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE
What's in these terms?
This acceptable use policy (“Policy”) sets out the content standards that apply when you upload content to our Site, make contact with other users on our Site, link to our Site, or interact with our Site in any other way.
Who we are and how to contact us
www.topcashback.com.au
(the “Site”) is a Site operated by TopCashback (Australia) PTY LTD, Australian Business Number 665 152 483 (“We”), with our registered office at LEVEL 1, 8 BEULAH ROAD, NORWOOD SA 5067, our email address
contact@topcashback.com.au, and phone +44 1785 243792.
By using our Site you accept these terms
By using our Site, you confirm that you accept the terms of this Policy and that you agree to comply with them.
If you do not agree to the terms of this Policy, you must not use our Site.
There are other terms that may apply to you
We may make changes to the terms of this Policy
We amend this Policy from time to time. Every time you wish to use our Site, please check this Policy to ensure you understand the terms that apply at that time. This Policy was most recently updated on February 2023.
Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
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In any way that breaches any applicable state, federal or international law or regulation.
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In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
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For the purpose of harming or attempting to harm minors in any way.
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To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
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To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
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To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
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Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our
terms of use; or
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Not to access without authority, interfere with, damage or disrupt:
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any part of our Site;
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any equipment or network on which our Site is stored;
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any software used in the provision of our Site; or
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any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our Site, including, without limitation:
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Uploading comments to our blog;
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Posting reviews of our Site; or
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Using our snap and save feature,
(“interactive services”).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to moderate the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in breach of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our Site
(“Contribution”),
and to any interactive services associated with it.
The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
TopCashback will determine, in its discretion, whether a Contribution breaches the content standards.
A Contribution must:
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be accurate (where it states facts);
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be genuinely held (where it states opinions); and
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comply with the law applicable in Australia and in any country from which it is posted.
A Contribution must not:
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be defamatory of any person;
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be obscene, offensive, hateful or inflammatory;
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promote sexually explicit material;
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promote violence;
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promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
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infringe any copyright, database right, trade mark or other intellectual property right of any other person;
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be likely to mislead or deceive any person;
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breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
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promote any illegal activity;
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be in contempt of court;
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be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
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be likely to harass, upset, embarrass, alarm or annoy any other person;
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impersonate any person or misrepresent your identity or affiliation with any person;
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give the impression that the Contribution emanates from TopCashback, if this is not the case;
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advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
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contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
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contain any advertising or promote any services or web links to other sites; or
- violate any right of an individual or legal entity.
Breach of this policy
When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Policy constitutes a material breach of the
terms of use
upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
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Immediate, temporary or permanent withdrawal of your right to use our Site.
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Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site.
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Issue of a warning to you.
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Enforcement of the indemnity in the terms of use regarding breach of the content standards, which may result in you being responsible for our costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs).
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Further legal action against you.
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Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
The actions we may take are not limited to those described above, and we may take any other action available to us at law which we deem to be reasonably appropriate.
Which country's laws apply to any disputes?
The terms of this Policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by laws of England and Wales. We both agree to the non-exclusive jurisdiction of the courts of England and Wales. However, we note that this does not prevent the Australian Consumer Law from applying.