Terms and Conditions

All the rules...

Terms and Conditions

Introduction

These terms and conditions govern your use of our Site (shopcred.com.au) which you are being granted the right to use.

This Site is provided by Shopcred Pty Ltd (ACN: 621 183 248) (Company, we, us and our).  

Use of our Site

By using our site, or by becoming a Member, you are agreeing to comply with these terms and conditions.

A valid Facebook® account must be used to become a Member of our Site and a validation email must be confirmed by you by clicking the link contained within it.

Only one (1) member account can be applied for and used.

In order to be able to register as a user to our Site, you must be over the age of 18 and a permanent resident of Australia. No one under the age of 18 is eligible to register as a user to our site.

By using our site, you are agreeing to allow us to use your Facebook® or other online network avatar and your name associated with the Facebook® or other online network account

Your Responsibilities

You promise us that your registration details are true, accurate and complete when you submit them and that you will keep them up to date.

You are solely responsible for maintaining the security of your account and any use of our Site that occurs in conjunction with your username and password.

You must comply with any acceptable use or other policy published by us on the Site.

You must not:

  • use a false Facebook® account, email address, impersonate others or misrepresent your affiliation with others;
  • join nor use the Site on behalf of any other individual;
  • share your Site login details with any other person or use the login details of any other person to access the Site;
  • interrupt or attempt to negatively impact or alter the operation of the Site in any way;
  • use the Site or any of the materials made available through the Site in a way that violates applicable laws, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory? or
  • modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re­sell any information, content, software, or materials obtained from or made available through the Site, other than in accordance with these terms and conditions.

Credits  

Your Account

As a member of the Site we will maintain against your membership account a balance of credits. As you use the Site you may accumulate credits, and then once your credits balance reaches a threshold level as set by us, you may redeem those credits for gift cards.

The credits may be redeemed for gift cards subject to the conditions below.

There is a minimum threshold balance required before you may request for any redemption of your credits. We may change the minimum threshold balance at any time. At the present time the minimum threshold for redemption is 2000 credits.

We are not liable to you for redemption of any credits until such time as your credit balance reaches the minimum threshold.

You expressly acknowledge that your eligibility to redeem your credits for gift cards is conditional upon your ongoing compliance with these Terms and Conditions. If at any time we have evidence or reason to believe that you are not in compliance with these Terms and Conditions, we may, at our discretion, cancel your membership of the Site, cancel any right or interest that you may have in the credits that you have accumulated, and cancel any outstanding redemption.

If you choose to cancel your Shopcred membership account, all of your credits are immediately and irreversibly forfeited. All outstanding and pending redemptions and credits are immediately cancelled.

Credits awarded due to error

If credits are awarded to your account due to a human or computer error, or if credits are awarded to your account due to the 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.

Credits obtained by deception or fraud

Where an amount of credits has been awarded to your account and we at any time have evidence or reason to believe that those credits were awarded to your account due to the fraudulent, deceptive or dishonest actions of you or any other member, we reserve the right to reverse the transaction by deducting from your account the same amount of credits.

Expiry

Your credits do not have an expiry date. Any credits you have accumulated in compliance with these Terms and Conditions will remain in credit against your membership account until they are redeemed by you, as long as your membership account remains active and you continue to comply with these Terms and Conditions.

Waiting period

For some aspects of the Site, credits may not be awarded to your account immediately. You should expect that in some instances, it can take up to 3 months or more before credits that you have earned can be awarded to your account.

Coupon codes, promo codes and special offers

Coupon codes, voucher codes or special offers displayed on our Site are subject to the applicable merchants terms and conditions. We are not responsible or liable for the validity or availability of any coupon codes or their terms set out on the Site.

Deals that allow you to be awarded credits through purchases are marked with ‘Per $1’ (Creditback)

Credits will not be awarded if you use a coupon code and/or promo code that is not part of a Creditback deal.

No guarantee of earning potential

You acknowledge that we do not make or imply any guarantee or representation as to the number of credits you can earn as a member of the Site.

Creditback

After an Account Holder successfully completes a Qualifying Transaction, and once we have received the Referral Fee for that Qualifying Transaction, we pass the related Creditback on to the Account Holder through the awarding of gift cards when the Account Holder redeems that Creditback.

Please note that there are various circumstances in which a transaction with a retailer may not constitute a Qualifying Transaction, and Creditback may not result from it.

There are various circumstances in which sums will not appear in an Account Holder’s Balance, and will be forfeited to us, namely:

  1. where a Referral Fee is received by us but is not attributed to a Qualifying Transaction or associated with an Account (such as where the Account Holder is not logged-in to the Shopcred Service when making the relevant purchase)
  2. the transaction in question is cancelled after it has been entered into, for example where a purchased product is returned or a right to cancel the transaction is exercised
  3. a Balance is attributed to an Account Holder or Account that has been:
  4. suspended by us under our Terms and Conditions;
  5. associated with any fraudulent activity or any breach of this Agreement;
  6. used to make purchases on behalf of, or for the benefit of, any other person
  7. where a Balance is attributable to an Account that has been inactive for more than eighteen months: an Account is inactive where the Account Holder has not earned credits.

 

Shopcred Guarantee

Our Shopcred Guarantee applies if your credits via a purchase were not recorded by our system and do not appear in your Shopcredit account within 14 days of your purchase date.

Shopcred will guarantee any outstanding credits if you have correctly followed the guidelines as set out on the Site (Credit Guidelines) together with any Special Offer Terms applicable for the store and/or merchant in question (Shopcred Claim). The use of Adblock software will affect your claim and you will not be paid your outstanding credits.

For each calendar year, you may submit:

  1. A maximum of 6 claims per year and up to a total of 2 Shopcred Claims per month.
  2. Each Shopcred Claim must not exceed $100.00AUD of sale value, based on the exchange rate of the awarded day.
  3. You acknowledge and agree that any credits that is the subject of any Shopcred Claim:
    1. is awarded only on eligible purchases less, taxes, GST, freight and delivery;
    2. may not be awarded if you use a promo code that is not listed on the Site or is not on a Creditback deal.
    3. will not be awarded if you use Adblock software.
    4. may not be awarded if a gift card is purchased or used for payment;
    5. will not be awarded if you cancel or return goods or cancel or request a refund for services;
    6. may not be awarded if the order is not completed in full online; changed at a later date; the merchant does not confirm your order; and
    7. is subject to our receipt of the applicable payment from the merchant.

Redemption of credits

General conditions

In these Terms and Conditions, 'redemption' means any type of request for us to award you any gifts cards in exchange for an amount of your accumulated credits.

As the Site is open for membership only to residents of Australia, we will not send any gift cards to any address outside of Australia.

At the time you make a request for redemption of your credits, we may review the details and transaction history of your membership account, and the details of any related membership accounts, to check for any evidence of fraud or deception by you. If we have evidence or reason to believe that you have acted fraudulently or deceptively in your dealings with us, we may choose to deny your request for redemption of credits and take other action such as cancelling your membership account as permitted by these Terms and Conditions.

Related membership accounts means any membership account that referred your membership account, or any membership accounts that were referred by your membership account, or any membership account that has provided the same residential address or postal address as your account, or any membership that is from a Facebook® friend.

The rate at which you may redeem credits for gift cards is at our discretion, and may vary from time to time without notice.

Redeeming credits for gift cards

You must verify your email address to redeem your credits for gift cards.

You are solely responsible for ensuring the accuracy of the information provided for the purposes of delivering your gift card.

If a gift cards is sent to the wrong email address, the gift card is lost and we will not take any action to reverse the transaction, reprocess the transaction, or refund credits to you.

We are not responsible for any mail handling error of any postal service or email service involved in the delivery of any gift card to you.

If a prize or item sent to you is returned to us because the address for delivery is incorrect.

We reserve the right to refuse a request for exchange or refund of any gift card, to the extent permitted by law.

Limits on your right to receive payment:

  1. We will not hold any amounts representing payments we may be required to make to you in respect of your redemption or rewards in a separate bank account or otherwise segregate those amounts from our own funds, and we do not hold any such amounts in trust. Until we have an obligation to make payment to you under these Terms and Conditions, you have no entitlement to receive any funds from us and cannot make any claim against our assets.
  2. In the event that we become insolvent, you will not be able to recover any outstanding amount that we owe, but have not paid to, you in priority to any of our other creditors. There may be other creditors whose debts will take priority over yours. You may not recover the full amount we owe to you and there is a risk that you will not be able to recover any of the unpaid amount or gift cards.

Competitions

We run competitions for registered users which will be published on our Site, Facebook®, Instagram®, Twitter®, LinkedIN® and printed media from time to time. You agree to us publishing your name and photograph on our Site, Facebook®, Instagram®, Twitter®, LinkedIN® and printed media if you are a winner of our competition. You will provide us with a photo if you are a winner of one of our Competitions, and this photo will strictly be used for the purposes of marketing on our Site, Facebook®, Instagram®, Twitter®, LinkedIN® and printed media.

Our Responsibilities

We are responsible for ensuring that the Site is suitable for the purposes for which it is made available to you.

We will, to the best of our ability, ensure the Site is available for access at all times but are not responsible if you are not able to access the Site as a result of (i) us undertaking preventative or remedial maintenance or (ii) as a result of any circumstances beyond our control.

Hyperlinks

Our Site may from time to time contain links to other websites. These are provided for convenience only. We take no responsibility for the content and maintenance of, or privacy compliance by, any linked site. Any link to another site does not imply our endorsement, support, or sponsorship of the operator of that site nor of the information and/or products which they provide.

Intellectual Property

The copyright to all materials on the Site belongs to us.

From time to time materials may be subject to specific usage rights and restrictions. We will notify you of any such rights and restrictions when you access the materials. Of course you must only use the materials in accordance with those rights and subject to those restrictions.

Confidentiality and Privacy

When you become a registered user of our Site you will be asked to provide some personal information. This information may be used by us and our contractors in connection with the Site.  

While we take reasonable steps to preserve the security of your information, please be aware that we cannot guarantee your use of the Site will be confidential and we cannot guarantee that any information you provide to us is perfectly secure.

Our Privacy Policy explains how we deal with your personal information that you provide to us or of which we become aware.

Monitoring your use of the Site

We reserve the right to monitor your use of our Site for the purpose of ensuring that the Site functioning as we intended and that you are complying with these terms and conditions.

Termination

Your right to use our Site will continue until it is terminated by the Company or you close your account.

We reserve the right to suspend or terminate your right to use of our Site if, at any time, you breach these terms and conditions.

These Terms and Conditions are effective and in force until terminated by us. We may terminate these Terms and Conditions at any time without notice.

Cancellation by us

We reserve the right to cancel your membership, Account and terminate your use of the Service at any time, without cause or reason by giving you 14 days’ notice via email. Specifically, we may cancel your membership and terminate your use of the Site, immediately without notice, if you:

  1. breach or violate any conditions or requirements in these Terms and Conditions; or
  2. act against our business interests or reputation or the business interests or reputation of our affiliated organisations and clients.

Non-use

We reserve the right to cancel your membership and terminate your use of our SIte, with 7 days' notice, if your membership account becomes inactive through non-use over a period of 18 months. To prevent your membership account from becoming inactive, you must earn credits in any 18-month period.

All credits held in the account of an inactive Member will expire at midnight Sydney, Australia time at the end of the 18th consecutive month for which the Member has been active. Shopcred will notify the member in writing by email to their registered email address a minimum of 7 days prior to the expiration date.

Cancellation by you

You may choose to terminate your obligations under these Terms and Conditions at any time by cancelling your membership of the Site. This can be done in the in the Account section of the Site. You will be required to enter your password in order to cancel your membership.

Cancellation is final

If your membership is cancelled, the cancellation is final and your membership cannot be re-activated.

Forfeit of credits

If your membership is cancelled, you will forfeit all of your credits and outstanding redemption payments.

Refusal of application

We reserve the right to refuse your application to join the Seite again if we have ever cancelled your membership of the Site in the past.

Disclaimers

Whilst we take all due care in providing our Site, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the law of Australia.

Whilst we use our best endeavours to identify and verify the correct source of materials made available through the Site of which we are not the author, we disclaim any responsibility with regard thereto.

Any materials made available through the Site of which we are not the author is provided on an ‘as is basis’. We are not responsible for verifying the originality of any such material nor your use of any such material.

We take all due care in ensuring that the Site is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Site or any linked site.

To the extent permitted by the law of Australia, any guarantees, conditions or warranties which would otherwise be implied into these terms and conditions are excluded.

Limitation of Liability

To the full extent permitted by the law of Australia, our liability for our breach of any guarantee, condition or warranty is limited to the supply of our Services again or payment of the costs of having our services supplied again.

We accept no liability for any loss caused in whole, or in part, by your misuse, abuse or improper application of our Site.

We accept no liability for any loss of business opportunities, loss of profit, loss of business information, loss of reputation or goodwill or any other business interruption suffered by you as a result of your use of our Site.  

We do not accept liability for any form of communication which originates with you and not with us.

Feedback

If you wish to make any comments (good or bad) about the Site or please do so by submitting a by sending an email to getintouch@shopcred.com.au.  

Changes to these Terms and Conditions

We reserve the right to change these terms and conditions at any time. If you use our Site following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed.

We will take reasonable steps to let you know about any changes but you should also keep track of whether changes have been made to this policy by referring to the date of publication at the end of this page.

Termination

Your right to use our Site will continue until it is terminated by the Company or you close your account.

We reserve the right to suspend or terminate your right to use of our Site if, at any time, you breach these terms and conditions.

Notices

Any notice we send to you will be emailed to the email address linked to your registration with our Site.

General

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.

Published: December 2017

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