Terms And Conditions


1. Definitions:

Account : Each Registered CashBack Giver Member and CashBack Account User has their own account which only stores the basic information CashBack Giver needs to be able to match donations to Causes or return Cashback to CashBack Account Users and identifies the CashBack Giver Member or CashBack Account User via a unique email address.

Anonymous CashBack Giver Member : A CashBack Giver Member who does not complete an account registration, thereby remaining anonymous on CashBack Giver.

Cause(s) : All Managed Causes and Unmanaged Causes.

CashBack Giver Member : A Registered CashBack Giver Member or Anonymous CashBack Giver Member who uses CashBack Giver to purchase goods via featured retailers on CashBack Giver Services and supports their chosen Causes. 

CashBack Account User : A shopper who uses CashBack Giver to purchase goods via featured retailers on CashBack Giver Services to generate commission which is then retained by the shopper (‘CashBack Account’). 

Managed Cause : A cause that has registered via CashBack Giver’s cause application process and confirmed contact and payment details.

Registered CashBack Giver Member:A CashBack Giver Member that has registered via CashBack Giver’s Member application process. 

CashBack Giver Services : these services comprise www.Cashbackgiver.com (‘the Website’) and associated mobile/tablet and desktop applications that can be downloaded. 

Unmanaged Cause : A cause that has been supported by a CashBack Giver Member but has not yet confirmed contact details and/or details to receive payments. 

2. Terms and Conditions for CashBack Giver Members 

As an Anonymous CashBack Giver Member, a Registered CashBack Giver Member, or a CashBack Account User of CashBack Giver Services you agree to abide by the following terms and conditions (the ‘Terms and Conditions’). If you do not agree with these Terms and Conditions, you are required to stop using CashBack Giver Services immediately. By registering as a Registered CashBack Giver Member you are automatically opted into the regular newsletter from CashBack Giver. If for some reason you do not wish to receive regular newsletters from us, you can change your preferences by editing your Account details. 

3. Membership

3.1 As an Anonymous CashBack Giver Member, a Registered CashBack Giver Member, or a CashBack Account User, by using CashBack Giver Services you will earn a share of commission on qualifying purchases which can either be allocated and donated through CashBack Giver so that it may support your suggested Cause or Causes, or retained as a CashBack Account. A CashBack Giver Member or CashBack Account User may change their instructions to CashBack Giver regarding any commission received by CashBack Giver but not already paid over as a donation or paid back to a CashBack Account User.

3.2 CashBack Giver reserves the right to refuse membership or terminate accounts without notice at any time.

4. Transactions 

4.1 You must be logged in to CashBack Giver Services in order to generate commission. 

4.2 Any transactions for goods or services are made directly with the retailers that you purchase from and not with CashBack Giver. Accordingly, CashBack Giver does not have any of the legal obligations that apply to such retailers. 

4.3 In order for your purchases to generate commission which can then be donated to CashBack Giver so that it may support your suggested Cause or Causes or retained as CashBack Account, it is essential that you click through the retailer’s link using CashBack Giver Services. Reaching a retailer by any other means will not result in any donations or retained money being generated from that purchase. 

4.4 50% of Commission raised via CashBack Giver Services is the exclusive property of the CashBack Giver Member. CashBack Giver receives commissions on behalf of the CashBack Giver Member. Each CashBack Giver Member can use the commission they earn either to donate through CashBack Giver, which will use its best endeavours to subsequently apply such funds to the CashBack Giver Member’s chosen Cause or Causes, or retained by the CashBack Account User. In order for donations or Cashback to be earned, commission must be received by CashBack Giver from the retailer. CashBack Giver accepts no responsibility if commission is not received from the retailer. After receiving the commission from the retailer, CashBack Giver will then allocate the share of commissions received as CashBack Giver Member donations or add your reward to the CashBack Account User’s CashBack Account in accordance with the CashBack Giver Member’s instructions. 

4.5 Donations and CashBack Account are not payable on refunded or reversed sales. 

4.6 Donations will only be used by CashBack Giver to be considered for payment on to each Cause once the total amount of commission received for a cause has exceeded $50. Donations made by CashBack Giver Members through CashBack Giver are non-refundable. 
 

4.7 Gift Aid can be claimed on donations made by CashBack Giver UK Members who are UK tax payers (see paragraph 5 Gift Aid, below). 

4.8 All transactions are electronically logged and reported back by the retailer. CashBack Giver makes every effort to ensure that retailers are correctly reporting their sales. However CashBack Giver is not responsible should the retailers fail to report back any sale. In the rare case that this does occur CashBack Giver will make every effort to obtain the commission from the retailer on your behalf; however the retailer’s decision is final. If for some reason generated commission cannot be matched to a particular Account, CashBack Giver will make best efforts to select the most likely Account and allocate the commission as a donation or Cashback on that basis. 

4.9 Should a retailer delay or cancel payment for any reason or cease trading then we will attempt to recover the commission. However, CashBack Giver cannot be held responsible for lost commission as a result of errors or changes made by a retailer or its trading condition. 

4.10 Unless otherwise stated, commission is only available on purchases completed online or through the CashBack Giver app. No commission will be paid on orders made verbally by phone or post. Orders placed online that are later completed or revised verbally by phone are also not eligible for commission. In this instance you are advised to cancel the order and place a new order online through CashBack Giver in order to earn commission from your transaction. 
 

4.11 Each offer is governed by individual terms and conditions. Please check with the retailer concerned for full details. CashBack Giver reserves the right to remove or amend any offer at any time without notice. 

4.12 The individual commission values shown have been rounded to two decimal places for display purposes. As many as eight decimal places may be present in the actual commission. The commission totals are calculated using the actual commission values, rather than the displayed values. 

4.13 All donations will be transferred to the selected charity or cause and direct transfer and banking costs will be deducted. CashBack Giver may also collect a maximum of 10% of the donation allocated to cover its’ administration charges. 

5.Gift Aid (UK Only)

5.1 Gift Aid increases the value of donations to charities, charitable companies, charitable trusts and Community Amateur Sports Clubs, by allowing these organisations to reclaim basic rate tax on qualifying donations. 

5.2 CashBack Giver Members can enable Gift Aid to be claimed on their donations to registered charities through CashBack Giver by certifying that they are a CashBack Giver Member who pays UK tax and wishes such a claim to be made on their donation. 
 

5.3 By certifying that you are eligible for Gift Aid, you are consenting to the registered charity through CashBack Giver reclaiming Gift Aid on your donation. CashBack Giver will then allocate the donation and a proportion of the Gift Aid reclaimed to your nominated Cause or Causes. 

5.4 Please note that whilst CashBack Giver will endeavour to ensure that every donation is paid to the Cause or Causes of your choice, CashBack Giver retains absolute discretion to allocate donations as it sees fit. In cases where CashBack Giver considers the Cause or Causes of your choice to be unsuitable or unable to receive charitable donations through CashBack Giver, your donation and any Gift Aid reclaimed will be paid to a Cause or Causes of CashBack Giver’s choosing. If this occurs we will notify you of the recipient of your donation. 

5.5 A maximum of 20% in aggregate of all Gift Aid successfully claimed by CashBack Giver charity will be retained by CashBack Giver to cover its incremental administration costs. 

6. CashBack Account 

6.1 The primary purpose of CashBack Giver is to generate donations for charitable organisations. However, shoppers are able to retain generated commission as Cashback in their CashBack Account. 

6.2 In order to retain commission as Cashback, CashBack Account Users will need to provide their payment receiving details, ( BACS or other acceptable payment details) by completing the member registration to setup a CashBack Account, the email address to be used, their BACS details confirming the bank, sort code and account number, their postal address, etc. 

6.3 A maximum of 50% of all sales commission generated will be retained by CashBack Giver to cover its reasonable administration, distribution and agent commission costs. 

6.4 Cashback will only be payable once the total amount of commission received has exceeded THB 1,000, US$ 50 or 50GBP or the CashBack Account User closes their account with CashBack Giver. 

6.4.1 To redeem your cashback into your bank account, you must be in possession of a bank account active in the country of purchase. i.e. CashBack Giver members in Thailand must have a Thai bank account. 

6.4.2 In the event a CashBack Giver account becomes dormant (an account that has not been activated in a six month period may be considered dormant) then after CashBack Giver has made every attempt to contact that member, through the registered contact details, the account may be closed and any remaining funds will be allocated to the CashBack Giver charity of the Year, after any and all reasonable administration costs have been deducted. 

6.4.3 All transfer or banking fees associated with redeeming the members funds are at the sole expense of the redeeming member. 

6.4.4 CashBack Giver does not currently allocate an administration charge for members who wish to redeem their cashback reward. However, CashBack Giver reserves the right to possibly add an administration charge in the future, should it become necessary. 

6.4.5 Commission pay-outs received by MW Siam Co Ltd are held as our funds until such time as they are sent in the form of cashback to our members. Once a pay-out has been made there may be a small period before you can request your next pay-out.

6.4.6 Should a retailer delay pay-out or cease trading then we will make every reasonable effort to recover your cashback but we can make no guarantees to pay-out until funds have been received from the retailer or their agents.

6.5 Please note that the details requested in paragraph 6.2 can only be amended by editing your account information through the cashbackgiver.com website or through the app. 

6.6 Individual pay-out methods are subject to change and may be restricted on a discretionary basis. Pay-out details must be kept accurate by yourself to avoid losing any due pay-outs. Pay-outs made to incorrect destinations are not always recoverable and may be subject to a recovery fee. We will not be held liable for any delays, or consequences of delays in pay-out. At any point we reserve the right to put pay-out requests on hold pending any investigation, this may be the case where unusual account activity is detected and verification is therefore required in order to deem the transactions as genuine.

6.7 It is your responsibility to ensure that any tax that may be due is paid accordingly.

7. Your Responsibilities 

7.1 CashBack Giver relies on your computer allowing cookies and therefore it is your responsibility to ensure that you have cookies turned on. 

7.2 If your Account is seen to be dormant and showing no transactions for 6 months or more, CashBack Giver reserves the right to terminate your Account without notice. CashBack Giver will apply any balance in the Account in accordance with the election of the CashBack Giver Member’s last instructions or may be awarded to the cashback Giver charity of the year at cashback Givers’ discretion. 

7.3 In using CashBack Giver Services you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of CashBack Giver Services for personal, non-commercial home use only. 

8. CashBack Giver’s Responsibilities and Rights 

8.1 CashBack Giver reserves the right to modify any of the Terms and Conditions at any time. In this event we will notify CashBack Giver community of any changes by posting the revised Terms and Conditions on CashBack Giver Services. 

8.2 CashBack Giver Services includes links to third party websites that are controlled and maintained by other parties. Any link to other websites on CashBack Giver Services is not an endorsement of such websites and you acknowledge and accept that we are not responsible for the content or availability of any such websites. 

8.3 The content of CashBack Giver Services is not intended to be taken as advice and should not be relied upon in making any decision. 

8.4 We will not pass your details onto any unnecessary third parties. Our Privacy Policy, which forms part of the Terms and Conditions (and can be found here), outlines exactly how we handle your account information and the steps we take to protect your privacy. We do, however, reserve the right to allow your chosen Cause or Causes to contact you via CashBack Giver periodically (e.g. to say thank you). 

8.5 All copyright, trademarks and all other intellectual property rights in CashBack Giver Services and its content (including without limitation the website design, text graphics, all software and source codes connected with CashBack Giver Services) are owned by or licensed to CashBack Giver or otherwise used by CashBack Giver as permitted by law. 

8.6 CashBack Giver Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 

8.7 To the extent permitted by law, CashBack Giver will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of CashBack Giver Services (including, without limitation, any liability arising out of or in connection with any transactions with retailers or any goods or services purchased via CashBack Giver Services). 

8.8 a$hBack Giver cannot be held responsible under any circumstances for damages of any nature (including but not limited to, direct or indirect damages resulting from the loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use CashBack Giver Services and associated programs and applications. 

8.9 CashBack Giver retains the right to suspend or terminate any Account for any breach of any provision of these Terms and Conditions. 

8.10 CashBack Giver cannot guarantee that CashBack Giver Services, associated programs and applications will be error free, that defects in them will be corrected or that they or the server that makes them available are free of viruses or anything else which may be harmful or destructive. 

8.11 In the event of war, invasion, act of foreign enemy hostilities (whether war has been declared or not) civil war, rebellion, revolution, insurrection, or military or usurped power, then CashBack Giver shall be relieved of any and all liabilities incurred under these Terms and Conditions. 
 

8.12 These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. 

8.13 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable. 

8.14 These terms and conditions are governed by the laws of Thailand and the Thai courts will have exclusive jurisdiction in relation to any and all disputes arising in connection with these Terms and Conditions. 

9. Terms and Conditions for Causes 

9.1 As a Managed Cause, you agree to appoint CashBack Giver as a non-exclusive, royalty free licensee to use your name and logo in connection with CashBack Giver Services and related promotional materials, programs and applications. The territory focus will be Thailand (the ‘Territory’). 

9.2 As an Unmanaged Cause we will track donations generated for you until you register to be a Managed Cause. To register to be a Managed Cause we will need correct bank details and a contact name and email address. We reserve the right to cancel your account and transfer any donations to our charity of the year, which is currently The Father Ray Foundation. 

9.3 CashBack Giver undertakes with all Causes that it shall: 

9.3.1 Promote awareness of CashBack Giver Services throughout the Territory to the best of its abilities; 

9.3.2 be responsible for the production, promotion, marketing and publications of CashBack Giver Services and to that end may enter into such reasonable agreements as it shall deem fit so as to fulfil its obligations under this agreement; 

9.3.3 Ensure that CashBack Giver Services shall be of good quality and complies in all respects with all relevant statutory standards and shall contain a statement to this effect; 

9.3.4 make regular payments to all Causes with a balance greater than THB 1,000, US$ 50 or £50, who have provided BACS details. Please note, CashBack Giver is unable to pay any Cause who has not provided BACS details and will withhold payments until these details are received; and 

9.3.5 will state on all notices, advertisements and other documents soliciting funds for a Cause which is a charity the fact that the charity is a registered charity and its registered charity number, 

9.4.1 not bring the name or the logo of any Managed Causes into disrepute in any way whatsoever and that none of its activities or those of any subsidiary or holding company are or will be inimical to the activities of the Managed Cause; and 

9.4.2 include all Managed Causes in the list from which random Causes are selected where a CashBack Giver Member chooses this method of selecting Causes to support. 

Last updated: 22nd May 2018 

10. Obligations of Managed Causes 

10.1 Each Managed Cause undertakes with CashBack Giver that it shall: 

10.1.1 provide a link from its website to CashBack Giver’s website; 

10.1.2 actively promote the use of CashBack Giver to reach its own fund raising goals via this agreement; 

10.1.3 allow CashBack Giver to share Cause comments and endorsements via social media channels; and

10.1.4 use CashBack Giver’s “email your CashBack Giver Members” facility for communications relating to CashBack Giver, usage by your CashBack Giver Members (e.g. to say thank you) or to mention fundraising events. We ask that you do not use this free facility to promote companies other than those affiliated with CashBack Giver, as that would be unfair and cause CashBack Giver to breach its privacy obligations to CashBack Giver Members.

10.1.5 ensure that your account’s contact details are kept up to date so that we can keep your Cause updated about donation transfers and any other important information relating to your account or CashBack Giver Members associated with it. 

11. Obligations of Unmanaged Causes 

Each Cause which has agreed to accept donations undertakes with CashBack Giver that it shall allow its name to be included in the list of Causes for CashBack Giver Members to support on CashBack Giver Services and associated programs and applications. 

12. Payments to Causes 

12.1 In cases where the CashBack Giver Member is not eligible for Gift Aid or does not wish Gift Aid to be claimed on their donation, CashBack Giver shall allocate the nominated share of the commission received from retailers directly to the nominated Cause or Causes on behalf of the CashBack Giver Member. 

12.2 The donations to be paid to each Cause are selected as a percentage of the cashback giver members’ share of specific commission payments. 

12.3 In cases where the CashBack Giver Member is eligible for Gift Aid and wishes Gift Aid to be claimed on their donation, the commission generated and any Gift Aid received and allocated to Causes will be paid by CashBack Giver to the nominated Cause or Causes on behalf of the CashBack Giver Member. 

12.4 The donations to each Cause are calculated based on the monthly summation of specific commission paid to the CashBack Giver and the Gift Aid returned to CashBack Giver, noting the following criteria: 

12.4.1 a maximum of 50% in aggregate of the commission matched to specific CashBack Giver Members will be retained by CashBack Giver to cover its reasonable administrative costs; and 

12.4.2 a maximum of 20% in aggregate of the Gift Aid recovered will be retained by CashBack Giver to cover its reasonable and incremental administrative costs. 

13. Dormant Cause Accounts 

13.1 If there has been no donation or payment activity on a cause account for over 12 months, we consider these accounts to be dormant. 

13.2 For dormant accounts that have a positive balance, we will take reasonable steps to contact the cause to enable payments to be made. Where we have been unable to obtain the relevant details requested, CashBack Giver reserves the right to transfer funds raised into CashBack Giver charity of the year, which is currently The Father Ray Foundation. 
 

13.3 CashBack Giver Accounts that become dormant and the balance of those accounts transferred to the selected charity will be charged an administration fee, up to THB 500, US$ 25 or GBP 25 to cover any and all CashBack Giver administration charges. This figure will be in addition to any banking or transfer fees associated with the transferring of funds. 

14. Miscellaneous

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

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