Terms & Conditions Sections
- The Websites and Applications you have now accessed are owned and operated by The Shopa Group of Companies including Shop A Docket Pty Ltd (ABN 32 145 906 403), Shopasave Pty Ltd (ABN 97 627 637 692) and Shopa Digital Pty Ltd (ABN 45 613 275 273) (“we”, “our”, “us”, “Shopa Group”).
- Thank you for using our products and services that are available via the Website and Application from time to time (“Services”).
- Information about how to join and use the Website, Application and Services, along with the Application Game terms contained at Appendix A, form part of these terms and conditions (“Terms”). By accessing or using the Website, Application or Services, you agree to be bound by these Terms.
- Your access to and use of the Website, Application and/or Services is conditional upon your agreement to and acceptance of these Terms and any other policies or terms made available to you on the Website, Application or otherwise via the Services. Each time you use the Website, Application or Services, you agree to be bound by these Terms and any such additional policies or terms. If you do not wish to be bound by these Terms, do not use the Website, Application or Services.
- We may modify the Terms at any time, and such modification will be effective as soon as it is posted on the Website and/or Application. By continuing to use the Website, Application or Services, you agree to be bound by the Terms as modified. Since you are bound by these Terms each time you use the Website, Application or Services, you should check these Terms for any revisions each time you use the Website, Application or Services and wherever prompted to do so.
- We reserve the right to change the Website, Application or Services in any way without notice to you. Even if you have registered an account, your ability to access and use the Website, Application or Services may be terminated at any time without notice to you. If you do not agree to these Terms, you must immediately cease using the Website, Application or Services and, if you are using the Application, delete the Application from your device.
- We may use third party suppliers and technology providers to operate and provide parts of our Website, Application or Services.
- Any costs associated with downloading, installing, accessing and using the Website, Application or Services remain your responsibility and are dependent on the service provider used.
- The Shopa Group makes no representation that the Website, Application or Services (or any element of thereof) is appropriate or available for use in all locations.
- If you are the driver of a vehicle (or other form of transport), you must not use the Website and/or Application while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the Website and/or Application when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the Website, Application or Services. In the interests of safety at all other times, The Shopa Group of Companies recommend that you only use the Website, Application or Services when it is lawful and safe to do so.
Use of Website and Application
- You agree not to misuse the Website, Application or Services and to only access the Website, Application or Services using the interface and instructions provided. Our Website, Application and Services are provided for your own personal use. They must not be used for any commercial purposes whatsoever or for any illegal or unauthorised purpose. When you use our Website, Application or Services, you must comply with all applicable laws.
- You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Website or Application to a human perceivable form; distribute or republish any element of the Website or Application in any way; resell, rent, lease or lend any element of the Website or Application; defeat, disable or circumvent any security feature of the Website or Application; or transfer any element of the Website or Application to any third party.
- You must not engage in crawling, scraping, caching or otherwise accessing any content on the Website or Application via automated means, except with The Shopa Group’s written consent.
- You are solely responsible for your interactions with other users of the Website, Application or Services. You agree that The Shopa Group is not responsible for the conduct of any user.
- Nothing in these Terms is intended nor does create a partnership, agency, employment or fiduciary relationship between The Shopa Group and any user.
- Subject to your compliance with these Terms, you are granted a limited, non-exclusive, revocable and non-transferable licence to access and use the Website, Application and Services (as applicable) in the manner anticipated in these Terms. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with Website and/or Application and meets all relevant technical specifications necessary to obtain the benefit of the Website and/or Application.
- The Website and/or Application may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to The Shopa Group accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of each social media platform before engaging or interacting with the social media links, applications or features on the Website and/or Application. The Shopa Group is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
- The Shopa Group reserves the right to refuse or cancel registration of an account for any reason in its sole discretion. Any decision of The Shopa Group is final.
- You agree that the membership details and all information you provide when completing the registration form is accurate and complete. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
- You must provide a valid email address when you register to become a Member and create an Account. For your membership to be considered active and valid, you must validate your email address by clicking on a link within an email we send to you after registration. Your Registered Email Address must not be the same registered email address used for another Account
- You may never use another’s account without their permission. You are responsible for maintaining the strict confidentiality of your account and for any activity under your account. You must immediately notify The Shopa Group of any unauthorised access to your account or other breach of security. It is your sole responsibility to control access to and use of your Account and to notify The Shop Group when you desire to cancel your account. The Shopa Group will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
- The Shopa Group retains the right and absolute discretion to terminate your account and/or access to the Website, Application or Services (or any element thereof) if it believes that you are abusing or tampering with the Website, Application or Services (or any element thereof) in any way, that you have breached these Terms, or that you have engaged in any unlawful or other misconduct calculated to jeopardise the proper administration of the Website, Application or Services (or any element thereof). The Shopa Group’s legal rights to recover damages or other compensation from such an offender are reserved.
- The use of any automated software or any other mechanical or electronic means allowing a user to create accounts is prohibited. The Shopa Group reserves the right to suspend or terminate your account if it believes you are engaging in such activity.
Promotions and Information on our Website & Application
- The Shopa Group is a promotional aggregator and advertiser that provides users with access to coupons, offers and discounts on products and services offered by third party vendors (“Partners”) as well as our own goods and services. Offers include:
- Coupons and offers from our Partners;
- Prepaid coupons from our Partners (“Prepaid Coupons”);
- Cashback on eligible purchases using a linked Visa or Mastercard credit or debit card in-store or by shopping online at Shopa Group (“Cashback Offer”);
- Rewards offers from us and our Partners; and
- Competitions and games(each an “Offer” and together “Offers”).
- While we endeavour to update information that is on our Website and Application on a timely basis, we shall not be liable for any delays in the update of Offers advertised.
- We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons, Offers or other promotions or other materials contained on, distributed through, linked, downloaded or accessed from our Website and/or Application where they originate from our Partners and not from The Shopa Group directly.
- We communicate Offers provided to us by our Partners and have no control over, and make no representation about, the accuracy of Offers from our Partners including their currency, content (including price and availability), quality, copyright compliance or legality. Offers are subject to their prevailing terms and conditions.
- Offers are open to residents of Australia only, unless otherwise expressly stated.
- Offers are for personal (non-commercial) use only.
- Any reference, search result, information or hyperlink (“Advertisement”) The Shopa Group make available or gives about a Partner’s Offer, its trademarks, products, promotions or services does not indicate, expressly or impliedly, The Shopa Group’s endorsement, sponsorship or recommendation of that Partner, the Offer, or of the quality of any product or service obtained by you from the Partner as a result of that Advertisement.
- In the event of any inconsistency between these Terms and the prevailing terms and conditions for a particular Offer, the prevailing terms and conditions of the particular Offer shall prevail.
Competitions and Games
- The Shopa Group may include areas on the Website, Application, or Services where users may participate in competitions, promotions and/or games (Competitions), including the Play & Win or similar game available via the Application. All Competitions are subject to their prevailing terms and conditions (including, in relation to the Application Play & Win Game, additional conditions included at Appendix A) and applicable laws and by engaging, entering, joining and or taking part in any Competition you agree to be bound by the applicable Competition terms and conditions and any other rules specified from time to time. The Shopa Group’s decision in relation to all Competitions is final and no correspondence will be entered into.
Prepaid Coupons – Purchase, Use and Redemption
- You must be at least 18 years old to purchase a Prepaid Coupon.
- Prepaid Coupons are for personal (non-commercial) use only.
- You must not copy, reproduce or trade a Prepaid Coupon.
- Shopa Group will process the payment for your order. Prices are advised to you prior to your purchase and at order confirmation. All prices on the Website and Application are inclusive of legally applicable GST.
- Partners, and not Shopa Group, are responsible for collecting and remitting GST and any other applicable tax when you redeem your Prepaid Coupon.
- The prices for the Offer may or may not include delivery charges. Any delivery charges will be stated in the details of the particular Offer. Any delivery charges will be displayed and added to the total amount due before you complete your order.
- By clicking on the “Buy” button within a Website, Application or Service you agree to the specific terms of the particular offer, and submit an offer with the intent to make a purchase of a Prepaid Coupon. However, the purchase is not complete until you receive an email confirmation of your Prepaid Coupon post payment.
- Shopa Group expressly reserves the right to reject your offer to purchase a Prepaid Coupon. In addition, after Shopa Group has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against Shopa Group, an affiliated third party of Shopa Group or a Partner.
- After you agree to these Terms and place an order by clicking the “Buy” button, we will send you an email confirming details of your order.
- Once you have placed your order, we are unable to make any changes to your order, including varying the quantity of Prepaid Coupons ordered or the shipping details.
- Storing your Prepaid Coupon is solely your responsibility and neither Shopa Group nor a Partner are responsible for lost or stolen Prepaid Coupons or for retrieving Prepaid Coupon reference, security or other codes or numbers.
- Unless expressly stated otherwise:
- You must follow the redemption instructions as predefined and associated with the specific Prepaid Coupon when you redeem with the Partner;
- Each Prepaid Coupon is valid for one person only;
- Each Prepaid Coupon can only be redeemed once; and
- Each Prepaid Coupon can only be redeemed with the Partner and not with Shopa Group.
- In order to redeem a Prepaid Coupon, you must present it to the Partner within the defined time period for that Offer (“Redemption Period”). If you do not redeem the Prepaid Coupon within the Redemption Period, the Prepaid Coupon automatically expires and it cannot be redeemed. Neither Shopa Group nor any Partner will be liable for refund of Prepaid Coupon not redeemed before expiry.
- Unless expressly stated otherwise, the Prepaid Coupon does not entitle the Prepaid Coupon holder to receive the Offer at a specific time. You must contact the Partner at an early stage as this will give you the best chance of securing your preferred time for the pick-up, supply and/or provision of the Offer. Shopa Group cannot influence the supply and/or provision of the Offer.
- Should the Prepaid Coupon include a service that requires a booking/appointment for a certain time and that booking is unavailable prior to the expiration of the Prepaid Coupon, the Prepaid Coupon will be deemed as expired following the expiration date, due to the user not allowing sufficient time to make the booking.
- Prepaid Coupon are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Prepaid Coupon with a Partner for less than the original (undiscounted) value of the Offer, you are not entitled to a credit, cash refund or new Prepaid Coupon for the difference between the original (undiscounted) value and the redeemed value.
- If you redeem the Prepaid Coupon for goods and/or services other than the Offer, you will not be entitled to a credit, cash refund or new Prepaid Coupon for the difference between the value of the Offer and the value of the actual goods and/or services supplied and/or provided by the Partner to you, if any.
- Shipping options, costs and timing estimates will be advised in the details of the specific Offer. Unless otherwise stated, delivery estimates are only estimates and not guaranteed delivery times.
- In the event that an Offer has a delivery option, Shopa Group will collect your shipping details at the time of purchase. Shopa Group will share your shipping details with the Partner on your behalf. The Partner will then process the redemption of your purchase and dispatch the Offer purchased by you to the recorded address.
- On behalf of the Partner, Shopa Group may collect booking fees or other costs associated with the purchase and/or redemption of a Prepaid Coupon. All such fees or costs (if any) will be disclosed before you purchase the Prepaid Coupon.
- In the event that, due to unforeseen reasons, a Partner cannot supply and/or provide the Offer as described, Shopa Group will notify you as soon as possible by email or SMS notification and either:
- Provide a new Prepaid Coupon with comparable benefits (if available); or
- Refund the purchase price of the Prepaid Coupon.
Prepaid Coupons – Partner Policies
- The Partner and not Shopa Group are:
- Solely responsible for providing the Prepaid Coupon holder with the Offer;
- The seller, supplier and/or provider of the Prepaid Coupon on the Website, Application or Services; and
- The party who enters in a contract with you when you purchase or redeem a Prepaid Coupon on the Website, Application or Service.
- By purchasing or attaining any Prepaid Coupon from a Partner, you are entering into a contract between you and the Partner. The Partner is solely responsible for fulfilling any condition, obligation or benefit provided by the acquisition of the Prepaid Coupon and for dealing with any claims arising out or in connection with the use, redemption and fulfilment of the Prepaid Coupon.
- Any products or services purchased from any Partner, whether through Shopa Group or otherwise, is governed by and subject to the applicable Partner’s policies, terms and conditions, including but not limited to the applicable return, cancellation, exchange and shipping policies.
- You agree that Shopa Group are not agents of any Partner and that the Partner operates independently and not under the control of Shopa Group.
- Accordingly, your participation in offers or promotions of, or correspondence with, any Partner is solely between you and that Partner. Shopa Group does not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.
- Shopa Group assumes no responsibility and shall not be liable for any content, product and/or services on the Partner’s platforms (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).
Prepaid Coupons – Cancellations, Refunds & Dispute Resolution
- Change of mind or expiry of the Prepaid Coupon do not qualify for purchase cancellation.
- A cancellation is permissible when the Partner does not honour the terms and conditions of their offer or there is a defect or negative divergence from the actual Prepaid Coupon purchased.
- Once your Prepaid Coupon is redeemed (either in whole or in part), you are not entitled to a refund (in whole or in part). To avoid any doubt, the cancellation is not valid for any change of mind decisions and act of God influenced decisions.
- Where we have made an error or omission and you have already purchased a Prepaid Coupon:
- If the actual price of the Offer is less than the stated price at the time you purchased the Prepaid Coupon, we will charge you the lower price; or
- If the price of the Offer is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order for a full refund.
- If you redeem a Prepaid Coupon and you believe the Partner has not properly provided you with the Offer, or if you have a complaint regarding the provision of the Offer, you must engage with the Partner directly and not Shopa Group. The Partner, and not Shopa Group, is responsible for the supply and/or provision of the Offer. Shopa Group only sells and supplies the Prepaid Coupons.
- Refunds are made via the original method of purchase where possible. If your original method has been cancelled, expired or has otherwise changed, you must inform our customer support team immediately at email@example.com. If you do not do this and you are refunded to your original method of payment, you need to coordinate with your bank or your payment services provider to obtain your refund. Shopa Group will not provide more than one refund.
- A refund shall be in full and final settlement of any and all claims you may have against Shopa Group and/or the Partner related to, arising out of, or connected to that Prepaid Coupon.
- We may make a Cashback Offer available to you (as described on the Website, Application, or Services) via a third party merchant (“Cashback Partner”). You can earn Cashback in two main ways, being in-store and online:
- To earn Cashback on in-store Offers you must pay your bill in one of our Partner businesses using your Visa or Mastercard credit or debit card linked to a Shopa Group Website, Application or Service (“Linked Card”); and
- To earn Cashback online, you open the Offer you are interested in on the Website or Application and click ‘Your Unique Cashback Link’. You will be redirected to the Partner website to shop and you will earn Cashback on applicable purchases, subject to the Partner’s terms and conditions,
Together, “Eligible Cashback Transactions”.
- You may also earn Cashback by referring family and friends to Shopa Group (“Referral Cashback”). $5.00 of Referral Cashback will be credited to your account for each referred user that joins Shopa Group and completes an Eligible Cashback Transaction within 12 months of joining. You can only refer up to a maximum of 10 people (inclusive), for a maximum of $50.00 of Referral Cashback. Shopa Group reserves the right to change the Referral Cashback amount and the number of referrals at any time without notice.
- The transaction is processed on the relevant Visa or Mastercard (“Scheme”) provider’s payments system.
- Cashback Offers are made by third parties. You acknowledge that Shopa Group acts as an intermediary only and is not responsible for the quality of goods and/or services you receive from any third party.
- Cashback Offers are made on the basis that the third party pays us a commission for referring you to that third party. We do our best to ensure that our Offers are correct at the time of transaction, however to the maximum extent permitted by law we are unable to guarantee that our Offers are accurate at the time of transaction.
- To be eligible to receive Cashback for making an eligible Visa or MasterCard transaction with a third party listed on the Website or Application, you must:
Accept these Terms;
- Register a Visa or Mastercard credit or debit card as a Linked Card;
- Use a current Linked Card to pay for the transaction. If a Linked Card is cancelled, expired, suspended or otherwise invalid at the time of making the transaction, you will not receive any Cashback;
- Select ‘credit’ or the payWave option when paying for the transaction with the Linked Card to ensure that the transaction is processed on the relevant Scheme provider’s payments system. Note – if you select cheque or savings or use eftpos when paying for the transaction with the Linked Card, you will not receive any Cashback;
- For online Cashback, click on the relevant Offer link;
- Make the transaction during the applicable Offer validity period as stated on the Website or Application; and
- In some instances, certain products, services, or offerings are expressly excluded from the offer of Cashback, and there may be particular terms, conditions or requirements that apply only to that Cashback Offer. You should ensure that you fully understand any exclusions, terms, conditions, and requirements as displayed for the particular Offer before proceeding with a transaction.
- You can:
- Register up to a maximum of four Visa or Mastercard credit or debit cards; and
- Only register cards in your name, which must be the same name as your account;
- Cashback savings are lodged into your personal Shopa Save e-Wallet.
- In general, Cashback may be earned on net purchase amount excluding shipping and handling.
- Cashback crediting is subject to these Terms, and the applicable terms, condition and requirements associated with specific Offers.
- Users are required to:
- Ensure that after being redirected to the Partner’s website, the user completes the transaction before proceeding to any other website;
- Complete the purchase on the Website and/or Application or the Partner’s website in a single session; and
- Not engage in any fraudulent or dishonest conduct and abide by these Terms or any other terms and conditions stipulated by Shopa Group or the applicable Partner.
- Certain purchases may be excluded from Cashback. Cashback amounts and exclusions vary from Partner to Partner and individual promotions may contain specific exclusions. These exclusions are subject to change without notice and Shopa Group hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions. Some examples of typical exclusions include (but are not limited to):
- Cashback not being eligible when purchasing promotional items or using other discount codes, coupons or other promotions;
- Cashback only being eligible when the transaction is completed using specified payment methods; and
- Different tiers of eligible cashback for different users (e.g. different tiers of cashback for new users and existing users).
- For some Offers, Cashback may be credited to your account immediately. For other offers, there may be a delay with crediting the Cashback of up to three months.
- The Cashback accumulated in your Shopa Save account shall expire if your account remains inactive (i.e. no Eligible Cashback Transactions are made through Shopa Group) for a period of more than 12 months.
- You agree that we do not make any guarantee or representation, whether express or implied, as to the amount of Cashback you can earn by using the Website, Application or Services.
- In the case of account closure or termination, your Cashback will expire and Shopa Group shall not be liable for any refund for the same.
- Shopa Group reserves the right from time to make top-ups and deductions from the balance in a user’s account where it is necessary, reasonable or expedient to do so. This includes (but is not limited to) situations where Cashback has been incorrectly credited into a user’s account and/or where a user is found to have acted fraudulently, dishonestly or in contravention of these Terms.
- Shopa Group is not responsible for changes to, or discontinuance of, any Partner from any Website, Application or Service or the termination of any Offer, or for any effect on accrual of cashback caused by such changes, discontinuance or withdrawal.
- You are responsible for regularly checking your account to ensure Cashback has been properly credited and that your account balance is up to date. You must notify Shopa Group of any omissions, incorrect entries or discrepancies concerning any transaction within 15 days after that transaction. Shopa Group reserves the right not to correct any omissions, incorrect entries or discrepancies brought to its attention after the 15-day period.
- You do not gain any proprietary right over any monies or assets held by Shopa Group when you earn Cashback in your account. The Cashback accrued in your account does not constitute monies held on trust by Shopa Group for your benefit. Your rights and entitlements are solely limited to such personal or contractual rights of repayment as may arise out of these Terms.
- Cashback is not transferable between users under any circumstances.
- We reserve the right to reverse or cancel any Cashback credited to your account incorrectly, or not in accordance with, or in breach of, these Terms, at any time. In particular, if Cashback is credited to your account due to a human or computer error or accidental or deliberate exploitation of a computer-programming bug by you or by anyone else, we reserve the right to adjust or reverse the transaction without notice.
Cashback Credit Redemption
- You may redeem Cashback via transfer to a linked bank account or via other options as detailed on the Website, Application or Services from time to time.
- Cashback Credit can be withdrawn as soon as $15.00 savings have been accrued (“Minimum Withdrawal Amount”). This can be paid directly into your associated bank account at any point, as a lump sum or by whatever amount you choose to withdraw subject to the Minimum Withdrawal Amount.
- Shopa Group reserves the right to change the Minimum Withdrawal Amount at any time with a minimum 7 days’ notice in writing.
- You must have completed at least one Eligible Cashback Transaction before a withdrawal can be made. Accounts with only Referral Cashback cannot be withdrawn until an Eligible Cashback Transaction has been completed.
- You can use Cashback towards the purchase of a Prepaid Coupon via the Website or Application, and in this case no Minimum Withdrawal Amount will apply.
- You may choose to leave the funds in the e-Wallet as a means of saving for use at a later time.
- Withdrawal requests made by you are final and not reversible.
- At the time you make a withdrawal request, we reserve the right to request from you a copy of a proof of identification document, for account verification and security purposes, before approving your request. If you are unable or elect not to provide a copy of a proof of identification document, we may deny your request for withdrawal.
- For withdrawals being paid to a bank account:
- You are solely responsible for ensuring the accuracy of the back account information provided;
- If you have supplied incorrect bank account information we will have no obligation to take any action to reverse the transaction, reprocess the transaction, or refund Cashback to you, and accordingly the redeemed Cashback will be lost. We may, at our sole discretion, use reasonable endeavours to request the transaction to be reversed and, if we are successful in obtaining the reversal and we recover the amount transferred, we will endeavour to make the bank transfer to the correct bank account, less any applicable administration fee.
- If a payment of Cashback is rejected by the bank for any reason (other than an error on our part), we may charge to you an administration fee of $30 (by redeeming any Cashback in your Account to that value or by asking you to pay us that amount).
- We may, at our discretion, enforce a limit of one user account per bank account.
- You may choose to have Cashback credited in the form of digital currency via our digital currency partner, if any. Any such transactions will be subject to any Shopa Group digital currency terms and the terms of any digital currency partner.
Cashback Crediting Restrictions
- You acknowledge that we may elect not to credit you with Cashback if the third party elects not to pay us a fee for your Eligible Cashback Transaction with that third party.
- We may elect not to credit you with Cashback for an Eligible Cashback Transaction you make when failure of any system such as the applicable Scheme provider’s payments system or any affiliate tracking system or cookie-based referral tracking system as applicable results in us not being paid by the third party for referring you.
- We may elect not to credit you with Cashback where it would be unlawful to provide you with any incentive in relation to that transaction or any part thereof.
- We will not credit you with Cashback, and we may deduct Cashback already credited, for an Eligible Cashback Transaction you make at a third party if:
- The transaction is not processed on the Scheme provider’s payments system for any reason;
- The transaction is processed on an excluded Visa or Mastercard credit or debit card;
- You subsequently cancel the transaction or order, return the goods for refund or credit, or fail to pay for the order in full; or
- We receive from the relevant Scheme provider notification that a credit has been processed by the applicable Merchant on the Linked Card used for the transaction within 90 days after the date of the transaction.
- You can de-register your Linked Card at any time on the Website or Application. If you do so, you will not earn Cashback for transactions using that de-registered card made after de-registration.
- Your claim for Cashback will usually be made on your behalf automatically upon receipt of the required Eligible Cashback Transaction details. If this automatic tracking does not work for any reason at the time you make an Eligible Cashback Transaction, you may make a claim for the applicable Cashback manually and the claim will be assessed in accordance with these Terms. For your manual Cashback claim to be valid:
- You must claim within 30 days of making the Eligible Cashback Transaction;
- The information you supply at the time of making the claim must be accurate and correct;
- You must provide all documents, information and evidence which it is reasonable for you to hold and reasonably necessary to confirm that the subject transaction was not reversed; and
- We must be able to confirm from the information you provide that the transaction is an Eligible Cashback Transaction.
- Some Cashback Partners will not accept any manual claims whatsoever and in this instance we are unable to claim Cashback on your behalf.
- If you make a fraudulent or deceptive Cashback we will reject your claim, and without limiting any other rights we may deduct from your Cashback account an administration fee equivalent to $30 to compensate us for the costs of processing the claim, or we may cancel your membership.
- Cashback will be confirmed when the Scheme provider confirms it has validated your transaction as an Eligible Cashback Transaction. In some instances, Scheme provider validation may take three months or more.
- We make no guarantee or representation as to the minimum or maximum number or duration of Cashback Offers that you will receive from us.
- The value of Cashback that can be recorded in your account is subject to a maximum of $999.00. If you undertake an Eligible Cashback Transaction that would result in your balance exceeding this amount, the portion of Cashback that would exceed the maximum amount will not be earned and will be forfeited by you.
- You are only entitled to Cashback once for each Eligible Cashback Transaction. Accordingly, in the event that a transaction you make qualifies for more than one Cashback offer, we will calculate and credit the value of the higher Cashback amount (and the lesser Cashback value for the same transaction will be forfeited).
Third Party Sites and Transactions
- By clicking on the advertising banners, sponsor links or other external links from the Website and/or Application, your browser may automatically direct you to a browser window that is not hosted or controlled by The Shopa Group. Links to external websites are provided within the content of the Website and/or the Application as a convenience to users.
- External links do not indicate, expressly or impliedly, that we endorse these sites or the products or services offered on them and The Shopa Group make no representation regarding the availability, content and performance of any website to which we provide links.
- The Shopa Group is not responsible for the content of any linked sites, whether or not The Shopa Group is affiliated with them. To the extent that these linked sites collect personal information or contributions from you, The Shopa Group shall bear no responsibility or liability for the manner in which such personal information or contributions are collected, used or exploited.
- The Shopa Group may monetise some links to third party websites through the use of third party affiliate or other negotiated commercial programs. Notwithstanding such programs, The Shopa Group has no influence or control over such linked sites.
- You access external sites and use products or services offered on those sites at your own risk.
- Any correspondence, business dealing, participation in a promotion or other contact with a third party, initiated through the Website, Application or Services is between you and that third party and excludes The Shopa Group. This includes payment and delivery of goods and services and any other term, condition, warranties or representation associated with such dealings.
- To the extent permitted by law, you assume all risks arising out of, or resulting from, a transaction with a third party and agree that The Shopa Group is not liable for any loss or damage you suffer.
- By becoming a Shopa Group user, you agree to receive communications that are account and user related (e.g. that we’ve added Cashback to your account) as well as periodic shopping related emails that highlight docket or special deals available to Shopa Group users.
- We may communicate with you regarding your account by electronic communications or direct mail using information you provide during the registration process.
- Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise.
- You agree to keep us apprised of your current valid email address should it change or should it be discontinued.
- We may also send you push notifications if you install the Application. If you do not wish to receive these notifications, you will have the option to disable them in your account settings.
- You agree to indemnify, and must defend and hold harmless, The Shopa Group and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or Application):
- your access to the Website, Application and/or Services;
- your breach of these Terms or any of the warranties or covenants given or made by you;
- any claim by any third party arising directly or indirectly from your breach of any of the provisions of these Terms;
- any claim by any third party arising directly or indirectly from your breach of any of the provisions of these Terms;
- any claim or allegation that any content you upload infringes a third party’s rights, including intellectual property rights;
- your violation of any applicable laws, rules or regulations; and
- any misrepresentation made by you.
- This entire clause does not apply to any Consumer Guarantee under the Australian Consumer Law and does not apply to any liability of The Shopa Group for failure to comply with a Consumer Guarantee under the Australian Consumer Law. Whilst The Shopa Group endeavours to take all reasonable steps to ensure that the Website, Application and Services operate as expected, the Website, Application and Services and their entire contents are provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. The Shopa Group disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. The Shopa Group does not make any guarantees and does not provide any undertaking that the Website, Application and Services will be available at all times or that they will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use the Website, Application and Services at your own risk and that The Shopa Group disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Website, Application or Services, whether they are direct or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to your device or that result from accessing, installing, updating or using the Website, Application or Services. You assume total responsibility for your use of the Website, Application and Services, including compliance with all applicable road rules and regulations. Subject to the Consumer Guarantees, your sole remedy against The Shopa Group for dissatisfaction with the Website, Application or Services or any content is to stop using the Website, Application or Services or such content. This limitation of relief is a part of the bargain between the parties.
- If the supply of any goods or services by The Shopa Group constitutes a supply of goods and/or services to a Consumer then subject to the limitation to this clause below and unless the goods and/or services are Consumer Goods or Consumer Services, The Shopa Group and its affiliates’ and related entities’, its servants’, employees’ and agents’ liability for any breach of these Terms, including any liability for any losses or consequential losses which you may suffer or incur because of a failure to comply with a Consumer Guarantee will be limited as The Shopa Group may elect in its sole discretion, in the case of services supplied or offered by The Shopa Group to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by The Shopa Group, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired. This clause does not apply if it is not Fair or Reasonable for The Shopa Group to rely on it.
In these Terms:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Consumer has the same meaning as given in section 3 of the Australian Consumer Law;
Consumer Goods means ‘goods of a kind ordinarily acquired for personal, household or domestic use or consumption’, as that expression is used in section 3 of the Australian Consumer Law; Consumer Guarantee means a Consumer Guarantee applicable to these Terms under the Australian Consumer Law, including any Express Warranty;
Consumer Services means ‘services of a kind ordinarily acquired for personal, household or domestic use or consumption’, as that expression is used in section 3 of the Australian Consumer Law;
Express Warranty has the same meaning as given in section 2(1) of the Australian Consumer Law;
Fair or Reasonable means ‘fair or reasonable’ for the purposes of section 64A of the Australian Consumer Law.
GST has the same meaning as in the ‘A New Tax System (Goods and Services Tax) Act 1999 (Cth)’.
- The Shopa Group reserves the right to monitor the Website, Application and Services generally and all account activity. If your account shows signs of fraud, abuse or suspicious activity, The Shopa Group may close or freeze the account immediately. The Shopa Group retains the right and absolute discretion to suspend or terminate your account, and/or access to the Website, Application and Services generally without notice if The Shopa Group believes you have abused any privilege accorded to you as a user, supplied misleading information or made any misrepresentations to The Shopa Group in connection with the Website, Application or Services, tampered with the Website, Application or Services in any way, breached these Terms, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Website, Application or Services. In the event of termination or suspension of your account in accordance with these Terms, you will have no further access to your account for the duration of the suspension or at all in the event of termination. The Shopa Group’s legal rights to recover damages or other compensation from you are reserved.
- The Website, Application and all associated materials owned, developed or licensed by The Shopa Group and made available via the Website, Application or Services (“The Shopa Group Materials“) are protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted and may not be used except as permitted in these Terms. Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership rights in any intellectual property rights in The Shopa Group Materials to any user.
- All right, title and interest in all intellectual property rights in all of The Shopa Group’s brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Website, Application or Services (the “Brand Features“) are the property of The Shopa Group and will remain or be vested in The Shopa Group at all times. Your use of the Website, Application or Services will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Website, Application or Services. The Shopa Group, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Website, Application and/or Services.
- The Shopa Group’s company names, design marks, branding, logos and slogans are trademarks and service marks of The Shopa Group.
- Our Website and Application displays some content and other Partner brands, logos and images that is not the property of The Shopa Group. This content is the sole responsibility of the Partner that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership rights in any intellectual property rights in such Partner content to any user.
- You may not use content from our Website and/or Application unless you obtain permission from its owner or are otherwise permitted by law.
- The Shopa Group may provide areas on the Website, Application or otherwise via its Services where users are able to upload content or other material. You agree that The Shopa Group is not responsible for and does not endorse any content posted by users of the Website, Application or Services. The Shopa Group does not have any obligation to pre-moderate, monitor, edit or remove any such content. If your content violates these Terms, you bear legal responsibility for that content.
- You hereby grant to The Shopa Group (and its agents and service providers) a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use, host, reproduce, modify and creative derivative works of any content you upload to the Website, Application or otherwise using the Services for the purpose of operating, promoting and improving the Website, Application and/or Services and marketing and promoting The Shopa Group and its products and services) or any Partner in any manner, without further notification to or consent of you or any compensation payable to you. Such licence continues even if you stop using the Services.
- You warrant, represent and covenant that any content you upload to the Website, Application or otherwise using the Services will not contain anything that:
- is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
- is copied or adapted either wholly or substantially from any other work or material;
- is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
- parodies, disparages or makes fun of The Shopa Group or its products of services or The Shopa Group generally in any way;
- solicits passwords or personal information for commercial or unlawful purposes or from any person under the age of 18 or provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
- contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
- is an opinion or view not genuinely held by you;
- advertises or offers to sell or buy any goods or services for any business purpose that is not specifically authorised by The Shopa Group;
- contains any viruses of computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or equipment;
- involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam;
- infringes the privacy rights, contract rights or other rights (including intellectual property rights) of any person, corporation or entity; or
- in respect of receipts submitted via the Application, has been knowingly tampered with.
- These Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts.
- If the Website, Application or Services are not capable of running as planned for any reason beyond the reasonable control of The Shopa Group, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Website, Application or Services, or if any social media platform or third party software provider alters its terms of service, access or permission in such a way that affects the Website, Application or Service, The Shopa Group reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Website, Application and/or Services.
- If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.