PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. How the site works
At TopCashback our aim is to save our members the most money, doing the things at which we can be the best in the world. We also aim to always apply our ‘fair play’ policy (which can be stated as ‘do as you would be done by’) in all our interactions.
So how does the cashback process work?
When you click through to a retailer advertised on our site www.topcashback.com.au (“Site”), we are in effect, providing advertising services for the retailers by sending them online customers and traffic. In return for this, the retailers (and their tracking agencies) pay us commission. We transfer part of this commission to you in cash (“Cashback”).
All retailers whose links are accessible on TopCashback website are professional sellers.
To keep this all running smoothly, we have introduced some terms and conditions of use (“Terms of Use”) as set out here on this page.
2. By using our Site you accept these terms
2.1 By using our Site, you confirm that you agree with and accept these Terms of Use. If you do not agree to these Terms of Use, you must not use our Site.
3. There are other terms that may apply to you
3.1 These Terms of Use refer to the following additional terms, which also apply to your use of our Site:
- Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. You warrant that all data provided by you is accurate.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our Site, you must comply with this Acceptable Use Policy.
4. Site membership and usage
4.1 One account is allowed per person. This is subject at all times to fair usage and one person should not be used to make purchases on behalf of many other people.
4.2 You, the legal owner of the email address used to sign up to the Site, are deemed to be the account owner. Any Cashback earned by a third party using the account will be credited to the account as if you had made the transaction yourself.
4.3 Any use of our Site is made based on the assumption that full authority has been obtained from all relevant parties. This may include, but is not limited to, employers, friends, family and businesses.
4.4 We reserve the right to refuse membership and/or terminate any account in accordance with these Terms of Use.
4.5 By joining the Site, you confirm you are over 18.
4.6 You will not be able to access the Site if you attempt to access it from certain countries ('Blocked Regions') as part of our commercial and compliance procedures. If your use of the Site indicates that you may be: (i) attempting to access the Site from a Blocked Region; (ii) conducting activity that is in any way fraudulent or otherwise unlawful, or for a fraudulent or unlawful purpose or effect; and/or (iii) conducting activity that otherwise breaches any commercial or compliance policies or terms and conditions, we will put your account on hold and you will not be able to access any accrued cashback. In these circumstances we may request ID from you to confirm your ID and / or location as part of our verification procedures.
5. Membership
5.1 Our membership is completely free and we do not charge anything to use the Site. You can also withdraw your Payable Cashback, as defined under Section 6 of these Terms of Use, free of charge in accordance with that Section.
6. Earning Cashback
You’re all signed up and ready to earn. What else do you need to know about Cashback?
6.1 The first thing to remember is that all the transactions you make are directly with the retailer, not us. When you make a purchase via the Site with a retailer, it is tracked using cookies and various other technologies which allow the retailer to identify that a purchase has been made, who made it and where it came from. Once the retailer or tracking network has identified the purchase and acknowledged it, it will show up in your account as ‘pending’. When the retailer validates the purchase it may show in your account as ‘confirmed’. Once we have received the commission from the retailer, it will then show up in your account as ‘payable’ (“Payable Cashback”). You are then free to withdraw your money, subject to any additional payout terms and conditions applicable at the time of payout, depending upon the method of payout selected.
6.2 Cashback will only be paid on transactions that fulfil the following criteria:
a) You have clicked through to the retailer via the main ‘Continue’ button on the Site. Clicking through to a retailer via any other link or a sponsored advert will not activate the tracking and no commission will be received by us.
b) You have completed your purchase from the point of clicking through to the retailer from our Site. Navigating away from our Site to a third party or failing to complete your transaction in full at the time of clicking through may result in the transaction failing to track to your account.
c) A genuine purchase is being made (see points (e) and (g)). Repeat purchases may not qualify for Cashback and you must purchase for genuine reasons.
d) You have received confirmation from the retailer or their tracking network that a transaction has been tracked directly back to your TopCashback account by an identifying tag. If you are not logged in to your TopCashback account when you make your purchase, there will be no identifying tag matching you with the transaction taking place.
e) You have received confirmation from the retailer or their tracking network that your purchase is a qualifying transaction. As explained above, whether or not a purchase is a qualifying transaction is entirely at the discretion of the retailer and you acknowledge that we will not be liable for any Cashback to you if the retailer does not accept your transaction as a qualifying transaction.
f) A valid account is in place. If your account is terminated or disabled for any reason, then any Payable Cashback will be deemed to be forfeited.
g) Cashback may be declined by the retailer if all or part of your order is returned, amended or cancelled. Should the retailer decline your purchase the status of your Cashback will move to “declined”.
6.3 You acknowledge and agree that, in order for us and the affiliate networks to track and confirm your purchase (as explained at Section 6.1 above), the affiliate networks will share the order ID relating to your purchase with us.
6.4 If you notify us that a transaction has not been reported in your account as you anticipated (a “Claim”) we will use reasonable endeavors to investigate such Claim with the retailer or tracking agency subject always to our right to cease investigations at any point at our entire discretion.
6.5a You acknowledge that the retailer’s or its tracking agency’s decision is final in relation to the payment of commission to us and in turn, our decision is final in relation to paying Cashback to you. We will make all reasonable endeavors to secure the payment of commission on a transaction, but we do not and cannot make any guarantee in this regard. In the event we do not receive the expected commission for a transaction because the conditions mentioned in these Terms of Use or in the retailers’ terms and conditions were not met (e.g., the purchase was not made through the link on the Site), we will not be liable to pay the relevant Cashback to you.
6.5b Estimated payable dates displayed on transactions are purely for guidance only, based on average payment speed for each retailer, and are not a guaranteed date for the receipt of the funds. Where the estimated payable date for the commission on a transaction has passed and/or the progression is delayed, we will not be liable to pay the relevant Cashback to you until we have received the commission from the retailer, which could take longer than the estimated payable date.
6.6 We reserve the right to reclaim or adjust any Cashback payments in the event that any Cashback has been paid to you in error. This may include but not be limited to transactions where Cashback is not genuinely due to you or where any commission for a transaction has not been received from a retailer or its agencies but been paid over to you as Cashback in error.
6.7 It is important to note that we do not hold money in your account similar to a bank and legal title to any Cashback earnings does not pass to you until you have taken possession of the Cashback by way of a successful withdrawal from your TopCashback account.
7. Cashing out
7.1 You can submit a request to withdraw any Payable Cashback from your account at any time. Please note that that if you change your payment details, for security reasons there will be a 72-hour delay before you can request your Cashback.
7.2 You may only request one payout option in any 24-hour period.
7.3 You may withdraw your Payable Cashback from your account by Bank Transfer or PayPal when you have $0.01 payable. Some payout methods may stipulate a minimum value threshold being reached before allowing you to withdraw your Payable Cashback. You should always check the terms of each payout method before withdrawing your Payable Cashback. These are available on the payout pages before you decide to withdraw.
7.4 It is your responsibility to ensure your correct payout details are submitted. We will not be responsible for any Payable Cashback being sent to an incorrect destination where you have provided incorrect details. Such payments may not be recoverable and or may be subject to a recovery fee.
7.5 The time between requesting payment of your Payable Cashback and it being credited to your chosen payout method may vary due to the said chosen payout method and/or the payment service provider’s services. We will not be liable for delays due to the payment service provider and/or payout method chosen, or for any consequences of such delays which may occur.
7.6 We reserve the right to suspend Payable Cashback payments at any time without notice to you if we reasonably suspect fraudulent activity has taken place.
8. Cashback Top Up
8.1 We may pass on additional Cashback (“Cashback Top Up”) out of our own pocket where retailers allow us to do so. Where Cashback Top Up is applied, it can only be added to your account when it equates to $0.01 and over which means that some low value transactions may not be eligible for a Cashback Top Up.
9. Managing your account
9.1 Be sure to keep your account up to date with your current email address to make sure you don’t miss out on any important information about your account. If we aren’t able to send you service emails which we deem to be essential in order to use the Site, such as where we don’t have a serviceable email address or if you mark our emails as spam, junk or abusive, we may terminate your account. This will result in any Payable Cashback being forfeited.
9.2 You can manage your account within your account profile. Here you can subscribe to or unsubscribe from any emails we may send, although please note that you cannot unsubscribe from service emails which we deem to be essential in order to use the Site. Please make yourself familiar with the email section in our Privacy Policy and feel free to amend your account settings to reflect what information you would like to receive from us. You can also unsubscribe from marketing emails by clicking on the unsubscribe link in the email itself.
9.3 You agree to ensure your username on the Site is not offensive nor used in any way which may represent an infringement of any trade marks or brand names. If we detect any usernames contravening this Section 9.3, we will contact you and request that you change your username. Failure by you to respond within 14 days as of the date of receipt of our message may result in your account being terminated and any Payable Cashback being forfeited.
10. Termination of your account
10.1 You can cancel your membership at any time. You can cancel your membership simply by clicking the appropriate link within your account settings and following instructions. If you prefer, you can email us at contact@topcashback.com.au. Prior to cancellation you must request any Payable Cashback to receive payment. The cancellation will be effective from 14 days as from the date you sent your cancellation request, either via your account settings or via email. Upon termination of your account any unconfirmed or pending Cashback does not become payable to you.
10.2 In the event of fraudulent, abusive or other activity we determine to be unfair, we reserve the right to terminate your account.
10.3 Please note that accounts may be disabled if they are deemed at our discretion to be inactive. In order to keep your account active, you are required to log into your account least once every 2 years (although you are not required to make any purchase).
11. Voucher codes
11.1 Where a voucher code (also known as a discount code or coupon code) is advertised on our Site, we give no guarantee that it is valid and we shall not be held liable in any way whatsoever if a voucher code fails to apply a discount. Furthermore, you acknowledge that use of a voucher code from our Site in conjunction with a Cashback offer may result in you failing to receive Cashback in accordance with the terms of the offer as stipulated on the Site from time to time.
11.2 You acknowledge that voucher codes not obtained from our Site but used in conjunction with a Cashback offer may result in your Cashback not being awarded.
12. Tell a friend (Referral Scheme)
12.1 Being the generous folk that we are, we want to reward you for telling your friends about us. As such, if you refer a friend to our Site in accordance with applicable Tell a Friend terms and conditions as set out on the Site, we will credit your account with the ‘refer a friend’ amount applicable at the time of the referral.
13. We may suspend or withdraw our Site
13.1 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
13.2 You are also responsible for ensuring that all persons who access our Site through your device or internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
14. We may make changes to these terms
14.1 We may amend these Terms of Use from time to time to reflect changes to our members' needs and our business priorities. Every time you wish to use our Site, please check these Terms of Use to ensure you understand the terms that apply at that time.
15. You must keep your account details safe
15.1 If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
For fraud prevention purposes, any password or security information you choose should be unique for your TopCashback account.
15.2 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if you have failed to comply with any of the provisions of these Terms of Use. For any period of time in which your password is disabled, you will not be able to access your account or collect Cashback.
15.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via a support ticket on the Site.
16. Fraud prevention
16.1 We operate systems on the Site to deter and limit any fraudulent use or abuse of the Site and reserve the right to apply any fraud prevention measures as we see fit.
16.2 We reserve the right to investigate any transactions that you make on the Site, which may include us disclosing your personal data to third parties who we work with in order to provide Cashback. Such data transfers are explained in more detail in our Privacy Policy. If, at our sole discretion, we deem that abuse, or suspect any fraudulent use of any offer on the Site, has occurred we reserve the right to terminate your account and you shall forfeit any earnings or Payable Cashback contained within it.
17. Do not rely on information on this site
17.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
17.2 From time to time merchants may increase or decrease the commission paid in which case the Cashback offer illustrated on our Site may be incorrect. Although we make reasonable efforts to update the information on our Site, to the extent permitted by law we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
18. Our responsibility for loss or damage suffered by you
18.1 We will exercise reasonable care and skill in performing our obligations to you but we do not guarantee that the Site will meet your requirements.
18.2 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
18.3 Subject to clause 18.2 and to the Non Excludable Guarantees, we do not accept any responsibility or liability for any loss or damage you may incur:
- for any loss of revenue, business, anticipated savings or profits;
- any indirect, special or consequential loss, damage or other claims, howsoever caused or arising;
- resulting from any transaction via the Site with any retailer;
- in connection with the accuracy or content of any reviews of products or services displayed on our Site or on any other website that you may access via our Site;
- arising from an inability to access our Site, from any use of the Site or from reliance on the data transmitted using the Site where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet; or
- in connection with any voucher codes that you obtain via our Site.
18.4 Subject to clause 18.2 and to the Non Excludable Guarantees, where we are found to be liable to you, our total liability (regardless of how many claims are brought) shall be the total value of any Cashback you received during the previous 12 month period from when a claim is brought.
18.5 Except as expressly stated elsewhere in these Terms of Use and subject to the Non Excludable Guarantees, all representations, warranties, conditions and other terms whether express or implied are hereby excluded to the fullest extent permitted by law.
18.6 To the extent we are permitted to do so by law, we exclude from these Terms of Use any term (including any representations, conditions and warranties), guarantee or right that may be implied or imposed, whether by statute, general law or custom. This does not apply in respect of any term, guarantee or right implied or imposed by law for which we are not able to exclude or limit our liability (“Non Excludable Guarantees”), which may include those imposed by the Australian Consumer Law. However, where we are able to limit our liability for breach of any such Non Excludable Guarantee, we limit our liability to the following remedies (the choice of which will be at our sole discretion):
- in the case of goods: the replacement of the goods or supply of equivalent goods; the repair of the goods; or the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
19. Uploading content to our Site
19.1 Whenever you make use of a feature that allows you to upload content to our Site, you must comply with the content standards set out in our Acceptable Use Policy.
19.2 You warrant that any such contribution will comply with those standards, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
19.3 Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all your ownership rights in your content, but you are required to grant us and other users of our Site a perpetual licence free of charge, worldwide, to use, store, modify and copy that content and to distribute and make it available to third parties. The rights licensed include all copyright in the content created and transmitted with the entry (including future copyright), and in particular the right to reproduce, represent, communicate to the public, modify, adapt, publish, translate, create derivative works from, distribute, licence and display, by all means and media known or unknown to date, and for all purposes, including in particular commercial, advertising and management purposes.
19.4 You guarantee that the content you upload to our Site does not infringe any third-party rights, in particular any intellectual property right, moral or related rights in the entry without procuring a transfer or waiver of those third-party rights.
19.5 We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or other rights, to the extent permitted by law.
19.6 We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
20. We are not responsible for viruses and you must not introduce them
20.1 We do not warrant or guarantee that our Site will be secure or free from bugs or viruses and, subject to the Non Excludable Guarantees, will not be held liable for any loss, damage or disruption you may suffer whilst using material derived from the Site.
20.2 You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
20.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
21. Rules about linking to our Site
21.1 You may link to our Site, provided you do so in a way that is fair, not misleading or deceptive, legal and does not damage our reputation or take advantage of it.
21.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
21.3 Our Site must not be framed on any other site.
21.4 If you wish to link to or make any use of content on our Site other than that set out above, please contact contact@topcashback.com.au. We reserve the right to withdraw linking permission without notice.
21.5 You must not link a site to us which we may deem at our sole discretion to be inappropriate, illegal, contain explicit material, immoral or offensive.
21.6 You must not redirect other domain names to our Site.
22. We are not responsible for websites we link to
22.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information and as a service to you. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
22.2 We have no control over the contents of those sites or resources. By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content of that site. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages.
22.3 If you deem any link inappropriate or offensive, or find any link not working, please let us know.
23. Unauthorised use of our Site
23.1 If you or someone acting with your knowledge is tampering with our Site in any way, including but not limited to modification of any URL’s, posting unauthorized URL’s on public media, pages being spidered, email cloaking, automatic scripts or anything deemed by us to be abnormal use, then we may terminate your account without prior notice and any Payable Cashback will be forfeited by you.
24. Miscellaneous
24.1 Any failure by us to enforce any of our rights or obligations set out within these Terms of Use will not constitute a waiver of our rights to subsequently enforce such provision or any other provision of these terms.
24.2 If any part of these Terms of Use is determined to be invalid or unenforceable then such provision shall be deemed to be superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these terms shall continue to apply.
25. Which country's laws apply to any disputes?
25.1 These terms of use, their subject matter and their formation, are governed by the laws of England and Wales. You may bring a dispute arising from the validity, conclusion, interpretation, performance and/or termination of the Terms before the court having jurisdiction under English law. However, we note that this does not prevent the Australian Consumer Law from applying.
26. You may not use our branding
26.1 You are not permitted to use the TopCashback brand or logo without our approval. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
27. Contact us
27.1 Contact Us: The Site is a site operated by TopCashback (Australia) PTY LTD, Australian Business Number 665 152 483 ("We"), with our registered office at 232 Unley Road, Unley SA 5061, our email address contact@topcashback.com.au and phone number +44 1785 243792.
To contact us, please email contact@topcashback.com.au
These terms were most recently updated in July 2024.
