Terms and Conditions

The use of www.topcashback.com is subject to the following terms and conditions.

 

www.topcashback.com is owned and operated by MediaNet Systems Ltd. (referred to as ‘we’ or ‘us’ below).

By entering our site or enrolling, you as a user (referred to as ‘you’ below) are accepting our terms and conditions.

  • 1. Site Membership & Termination of Accounts

    One account is allowed per person.

    www.topcashback.com is aimed towards American consumers, with cash rewards available in USD only. However the majority of merchants allow transactions originating from Canada, and some from Mexico, to earn cash rewards too. Members who are residents of countries outside of North America are welcome to use www.topcashback.com however all non-US members must be mindful that some merchants will not ship to outside the United States or North America, or will not pay the cash reward for transactions that originate, or members who are based, outside of the United States. A cash reward will only be paid for a transaction that the merchant deems eligible and provides us with the reward to pass on. A merchant’s page may or may not state if non-US residents qualify for its cash rewards. We reserve the right to review and amend this usage policy at any time.

    Free cashback offers are only available to members located in the United States and Canada.

    Payments to members based outside of the United States can only be made via PayPal. Non-US members are responsible for any costs involved, which PayPal determines when converting USD funds into another currency.

    Any use of the TopCashback site is made based on the assumption that full authority has been obtained from all relevant parties. This may include but is not limited to employers, friends, family and businesses.

    Members should consider, and are responsible for, the legalities, customs (or other similarly relevant) tax and any other fees associated with receiving items from another country, state or within state.

    We reserve the right to refuse membership and further, in the event of fraudulent, abusive or other activity we determine to be unfair, we reserve the right to terminate your account. In addition, please note that accounts may be disabled if they are deemed to be dormant accounts, as outlined in Section 4.

    If you have joined via a friend's referral (tell-a-friend) link, then the referrer (your friend) may be able to see if you have reached the cashback threshold required in order for them to gain a tell-a-friend bonus, they will also be able to see the date you signed up and your username.

    As a condition of membership, you will need to accept service emails from Top Cashback and authenticate your email address. Please note that you will also be signed up to receive emails from us detailing cashback deals, updates to our blogs and other emails in relation to our website and services. You can opt out of these emails from within your account pages.

    We reserve the right to terminate a member's account if a serviceable email address is not provided and also if that member marks our emails as abusive, junk or spam.

  • 2. Cashback Rewards

    As an enrolled TopCashback member you may earn 'cashback' or a cash reward from a number of Merchants as illustrated on the website.

    Note that all transactions you make are not with us, but with the individual retailer.

    We pass on the cashback we earn from merchants and their tracking agencies for your applicable transactions, where the credit can be traced directly to your account by means of an identification tag provided in the reports of the merchants and their tracking agencies.

    From time to time merchants may increase or decrease the commission paid  in which case the cashback offer illustrated on our site may be incorrect. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or omissions, neither do we accept liability for any resulting damage or loss. Further, we take reasonable care and skill to ensure the correct functionality of the website, however we give no warranty of the functionality and do not accept liability for any errors. By default, your applicable transactions will be credited in line with the commission reported to us by the retailer, which may be more or less than the advertised rate. Some retailers pay cashback on the purchase amount inclusive of tax and/or delivery charges and some retailers exclude these values for the purpose of calculating and awarding cashback.

    Applicable transactions for cashback can be defined as transactions that fulfil the following criteria:

    (a) Transactions which are tracked directly back to your account by means of an identifying tag, as reported to us by the merchants and/or their tracking networks. Please note that you must be logged into our site at the time you click through to the merchant in order to have your transaction tracked by means of the identifying tag.

    We will however, take reasonable measures to warn you if you are clicking through to a merchant whilst not logged into the TopCashback website.

    (b) You also must click through to the merchant via the main ‘Continue’ or ‘Continue to Merchant’ buttons on our site. If you click through via a sponsored advert on our website, then no commission or cashback will be earned. We will endeavour to make clear which links are advertising links and therefore will not be applicable links for earning cashback.

    (c) Certain repeat purchases also may not qualify for cashback and you must purchase for genuine reasons. You must complete your transaction after clicking directly through to the merchant from whom you wish to purchase (not via any other third party sites) from the TopCashback website and purchases must then be completed immediately and wholly online.

    (d) If your account is terminated or disabled for any other reason, then your cashback will be forfeit and any further transactions which might otherwise become credited to your account will not be deemed to be applicable.

    Please note that you can maximise your chances of earning commission over several purchases if you click through to the merchant site from TopCashback directly before each purchase.

    We cannot be held responsible if the merchant fails to report your sale to us. Merchants have their own rules upon which they determine transactions to be genuine, i.e. An attempt to simply earn money by clicking/registering with no intention to continue to use/buy from their website could be deemed as non-genuine. These rules may or may not be advertised by ourselves or the merchant and may be discretionary.

  • If you are associated with more than one TopCashback account (i.e husband and wife) then allowed transaction recurrences may be determined across these multiple accounts as part of fraudulent usage prevention.

    Whilst we will endeavour to recover non-payments from the retailer, the decision of ourselves, the retailer or retailer’s tracking agent is final. Whilst we will try and recover missing cashback, at any point we reserve the right not to chase missing cashback claims, particularly where no purchase has been made.

    Where a cashback enquiry has been successfully paid by a merchant, you may receive a lower amount than expected, this is due to the amounts received by ourselves possibly being lower than the original claim. We do allow you to query this with us. If a merchant still hasn't paid a manual cashback claim after a period of six months then we reserve the right to close the enquiry claim.

    TopCashback reserves the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from a merchant or its agencies.

    For referrals to be paid, the referred member must meet certain criteria such as minimum thresholds as detailed in the referrals section of our website along with exclusions of certain merchants or transaction types. Only referrals for genuine signups will be paid.

    Referral bonuses earned through commercial means, including, but not limited to, comparison websites, will earn no more than $5 per referral subject to minimum thresholds, regardless of whether a ‘consumer member’ service email highlighting a higher rate has been received by the account holder, unless express written consent is given and signed by us. Any commercial company that tries to bypass or behave fraudulently towards this policy may be served notice to terminate their relationship with us immediately. Multiple accounts created for use by the same person or any fraudulent sign-ups will result in termination of your account. The criteria used to determine referral thresholds may be adjusted at any time. Please also see our Referral Terms from the Tell-A-Friend section before sending any invites.

    Where a coupon code (also known as discount code or voucher code or other variations) has been advertised on the TopCashback website, either posted by TopCashback itself or by another member, TopCashBack cannot be held responsible for the validity of the coupon code. The benefit implied by the coupon code cannot retrospectively be applied.

    Further, TopCashback cannot be held responsible for any loss of cashback or loss of any other benefit which might otherwise have been gained had a supplied coupon code not been used.

    For the avoidance of doubt and notwithstanding any other provision of this Agreement or the Website, you agree that in all circumstances payment of Cashback is at our sole discretion and further we may refuse to make payment of Cashback to you for any reason including but not limited to non-payment or late payment by the Merchant.

  • 3. Payment Schedule

    Cashback payments will be issued at your request. You will be able to request a cashback payment once you have any PAYABLE funds in your account. Once a payment has been made there will be a small period before you can request your next payment.

    Commission payments received by ourselves are held as our funds until such time as they are sent in the form of cashback to our members.

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

    Individual payment methods may be limited or withdrawn on a discretionary basis to ensure only localized payment methods are made as per our membership terms. You must keep payment details accurate to avoid losing any due payments. Payments 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 payment. At any point we reserve the right to put payment 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 transactions as genuine.

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

  • 4. Dormant Accounts

    In order to minimize our administration overhead, or for any other reason, we reserve the right to terminate dormant accounts. In order to keep an account active and ensure it doesn’t get marked as dormant, we do not require purchase transactions, but we do require you to simply log into your account at least once every six months.

  • 5. Modification of Agreement

    We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this website. The new terms will come into effect no later than 30 days after the modification.

  • 6. 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

  • 7. Privacy Policy

    Our Privacy Policy outlines exactly how we handle your account information and the steps we take to ensure your privacy.

  • 8. Copyright

    www.topcashback.com is protected by copyright. The site, in whole or in part, is for your personal use only. You may not reproduce, or make available any part of the site, with or without amendments, other than for your own private use. Nor may you reproduce or make available any of the data contained within the site without our express written consent.

    You may not distribute or commercially exploit this site, without the express written consent of MediaNet Systems Ltd.. We reserve all other rights.

  • 9. Linking from External Websites

    www.topcashback.com is happy for other websites to link to it; however, it does not permit pages to be loaded into frames on other sites. It does not permit links from any websites that contain material which could be construed as offensive.

  • 10. Links to External Websites

    www.topcashback.com links to many other websites for information and as a service to our users. The external websites are not under our control and we are not responsible for the content of any linked site. By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content.

    We do not guarantee that links will work all of the time and cannot control the availability of the linked pages. If you deem any link inappropriate or offensive, or find any link to not work, then please let us know so that we may remove the link.

  • 11. Un-Authorised Use Of Our Website

    If it is found that the TopCashback website is being tampered with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, email cloaking, automatic scripts or anything deemed by ourselves to be abnormal use then we may terminate your account and any earnings may become forfeit.

    To protect our merchants, any suspected abuse of an offer may lead to transactions being revoked. Any transaction deemed to be of a suspicious nature may require verification by ourselves and/or the merchants involved, and further information on your transactions may be requested from yourself. For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies.

    Usernames should not be offensive nor used in any way which may represent any trademarks or brand names, be it owned by MediaNet Systems Ltd. or other entities. Where this is the case then you will be required to update this to a suitable name.

    Impersonation of TopCashback within www.topcashback.com or external sites will not be tolerated. If a member is found to be impersonating TopCashback, and therefore misleading other members, then action will taken and the account in question may be terminated.

  • 12. Virus Disclaimer

    We take all reasonable effort to test material before placing on our website. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from this website.

  • 13. Disclaimer

    The www.topcashback.com website is provided ‘as is’, 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.

    We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.

    In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of www.topcashback.com.

    These terms and conditions shall be governed by the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the exclusive jurisdiction of the England courts in all disputes arising out of or relating to the use of this website. Use of this web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

    If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.


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