Cashback Terms and Conditions

1 Introduction

1.1 This agreement sets out the legally binding contract (the “Cashback Contract”) between the customer and OnBuy for the cash reward (“Cashback”) given by OnBuy to the customer via the customer’s OnBuy account (“Cashback Account”), subject to the terms herein and in consideration for the customer using the OnBuy Marketplace to make purchases from third-party sellers.

1.2 This Cashback Contract is distinct from the customer’s contract for goods and services (“Product”) with sellers. OnBuy is not a party to that contract.

1.3 Customers must be at least 18 years old, the holder of a UK bank account, and may only hold one Cashback Account.

1.4 This Cashback Contract should be read in conjunction with:

1.4.1 The OnBuy Cashback Guide

1.4.2 Customer Terms

1.4.3 OnBuy’s Website Terms of Use

1.4.4 OnBuy’s Privacy Policy

1.4.5 Competition Codes Terms

2 Cashback amount

2.1 Subject to clause 5, OnBuy may provide Cashback to customers in relation to Qualifying Purchases (defined at 3.1 below). OnBuy has no obligation to offer Cashback.

2.2 Where Cashback applies, it will be presented as a percentage of the Product price or a value to the customer on the OnBuy Marketplace.

2.3 Cashback percentages and values may vary between different Products on the OnBuy Marketplace from time to time.

2.4 Postage and delivery fees are not included when calculating Cashback.

2.5 The minimum Cashback amount is £0.01

3 Qualifying Purchases

3.1 The requirement for a purchase being a Qualifying Purchase is that the customer:

3.1.1 is signed in to the customer’s Cashback Account when making the purchase; or

3.1.2 creates a Cashback Account within 30 days of successful payment of the order through the guest checkout; or

3.1.3 purchases another Product on OnBuy within 30 days. Qualifying Purchases pursuant to this 3.1.3 shall only be valid for six months.

3.2 Notwithstanding, “Cashback” being stated as applicable to a listing, if the requirement set out at 3.1 is not met, the purchase shall not be a Qualifying Purchase and Cashback shall not be given.

4 Accessing Cashback

4.1 Withdrawals

4.1.1 Cashback shall have a “pending” status until the expiry of a minimum of 30 days from the latter of the delivery or confirmation of the Qualifying Purchase. Cashback cannot be withdrawn by the customer during this “pending” phase.

4.1.2 Subject to 4.1.3 and 4.1.4, after the period set out in 4.1, Cashback values of £5.00 or more can be withdrawn in full by the customer from the customer’s Cashback Account into the customer’s UK bank account in Pound Sterling.

4.1.3 If the customer elects to withdraw the Cashback, it will take 3-5 working days before the funds are available in the customer’s bank account. OnBuy reserves the right to extend this 3-5 working day period if it has reasonable grounds to suspect suspicious activity or improper use of the customer's Cashback Account. For the avoidance of doubt, “working days” means a day (other than a Saturday or Sunday, or a public holiday) on which the banks are open for general business in London.

4.1.4 If the customer updates the customer’s bank details, in addition to the timeframes set out in clause 4.1.3, the customer will not be able to initiate a withdrawal for 72 hours after change of details.

4.2 Spending Cashback on OnBuy

4.2.1 Subject to 4.2.2, upon completion of a Qualifying Purchase, Cashback of any amount will be available for the customer to fund another purchase on the OnBuy Marketplace.

4.2.2 OnBuy reserves the right to place hold over the customer’s use of Cashback to fund another purchase on OnBuy, if OnBuy identifies suspicious or unusual activity with the customer’s Cashback Account.

5 Cashback may be refused or retracted by OnBuy, or forfeited by the customer

5.1 Notwithstanding a purchase being a Qualifying Purchase, Cashback may be refused or retracted by OnBuy, or forfeited by a customer if:

5.1.1 The customer’s Cashback Account is suspended by OnBuy pursuant to clause 8.4 of this Cashback Contract;

5.1.2 The customer’s Cashback Account is associated by OnBuy with any fraudulent activity or any breach of this Cashback Contract, including breaches of any of the terms of the agreements referred to in clause 1.4;

5.1.3 The customer’s Cashback Account is used to make purchases on behalf of, or for the benefit of, any other person;

5.1.4 The customer closes the customer’s Cashback Account (including customer data deletion requests);

5.1.5 Where a Cashback balance is attributable to a customer’s Cashback Account that has not made a purchase via OnBuy for 6 (six) or more months.

5.1.6 The Qualifying Purchase is cancelled, refunded or subject to a chargeback (see clause 6).

6 Refunds and chargebacks

6.1 If a Qualifying Purchase is cancelled, refunded or subject to a chargeback whilst the Cashback is still in “pending” status pursuant to clause 4.1.1, OnBuy shall cancel the Cashback;

6.2 If a Qualifying Purchase is cancelled, refunded or subject to a chargeback before the customer has withdrawn the Cashback pursuant to clause 4.1, or spent the Cashback on OnBuy pursuant to clause 4.2, OnBuy shall, without notice to the customer, retract the relevant Cashback from the customer’s Cashback Account;

6.3 If a Qualifying Purchase is cancelled or refunded after the Cashback has been withdrawn pursuant to clause 4.1, or the Cashback is spent on OnBuy pursuant to clause 4.2, the customer’s refund shall be reduced by the amount of Cashback withdrawn or spent for the relevant Product. The refund, less the Cashback withdrawn or spent, shall be set out on the notice of refund sent by OnBuy to the customer.

6.4 If a Qualifying Purchase is subject to a chargeback after the Cashback has been withdrawn pursuant to clause 4.1, or the Cashback spent on OnBuy pursuant to clause 4.2, the customer’s chargeback shall be reduced by the amount of Cashback withdrawn or spent for the relevant Product. The chargeback, less the withdrawn or spent Cashback, shall be set out on the notice sent by OnBuy to the customer.

7 Use of the Cashback Account

7.1 The customer’s Cashback Account is for the customer’s personal use only and is non-transferable. The customer must not authorise or permit any other person to use the Cashback Account.

7.2 Under no circumstances shall OnBuy make Cashback payments due to a customer to any third-party including any third-party’s bank account.

7.3 The customer shall take all reasonable care to protect and keep confidential the customer’s password and other account or identity information.

7.4 The customer shall notify OnBuy immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. The customer is solely responsible for third parties who use the customer’s account or identity (unless and to the extent that OnBuy is at fault).

7.5 OnBuy is entitled at any time and without notice to suspend or terminate the customer’s Cashback Account if the customer breaches, or OnBuy reasonably suspects the customer has breached any of these Cashback Terms, or those referred to in clause 1.4.

8 Liability

8.1 Nothing in this Cashback Contract in any way limits or excludes OnBuy’s liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. Any reference in this clause to OnBuy includes OnBuy’s employees and agents.

8.2 The Customer accepts that, subject to 8.1, OnBuy has no liability to the customer if the customer provides, or has provided, incorrect bank details for the Cashback withdrawal.

8.3 Where a customer is a consumer (i.e., customers purchasing for personal use and not purchasing for or on behalf of a business), if OnBuy fails to comply with the terms in this Cashback Contract, OnBuy is responsible for loss or damage that is a foreseeable result of our breach of the terms or OnBuy’s negligence. Loss or damage is foreseeable if it was an obvious consequence of OnBuy’s breach.

8.4 Consumer customers will be liable for any reasonably foreseeable loss or damage OnBuy suffers arising from the consumer customer’s breach of this Cashback Contract (subject to OnBuy’s obligation to mitigate any losses).

8.5 Business customers (i.e., those purchasing for and on behalf of a business and not for personal use) shall in no event (including OnBuy’s own negligence) be able to recover from OnBuy any:

8.5.1 economic losses (including, without limit, loss of revenues, profits, contracts, business, or anticipated savings);

8.5.2 loss of goodwill or reputation;

8.5.3 special, indirect, or consequential losses; or

8.5.4 damage to or loss of data (even if we have been advised of the possibility of such losses).

8.6 Subject to 8.1, OnBuy’s maximum liability to business customer shall be the value of the total Cashback accumulated by the customer in the six months prior to any claim.

8.7 The liability referred to at 8.6 shall be subject to the customer giving OnBuy a reasonable opportunity to remedy any matter for which OnBuy is potentially liable before the customer incurs any costs remedying the matter. See clause 10.1 for how to contact OnBuy.

8.8 The business customer shall indemnify OnBuy against all claims and liabilities directly or indirectly related to the business customer’s use of the website and/or breach of this Cashback Contract.

8.9 To the extent allowed by law, the business customer and OnBuy exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this Cashback Contract.

9 Events Outside OnBuy’s Control

9.1 An "Event Outside OnBuy’s Control" means any act, circumstance or occurrence beyond OnBuy’s reasonable control, including, but not limited to, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

9.2 OnBuy will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations pursuant to this Cashback Contract that are caused by an Event Outside OnBuy’s Control.

9.3 If an Event Outside OnBuy’s Control takes place that affects the performance of OnBuy’s obligations under the Cashback Contract:

9.4 OnBuy will notify the customer as soon as reasonably possible; and

9.5 OnBuy’s obligations under this Cashback Contract will be suspended and the time for performance of OnBuy’s obligations will be extended for the duration of the Event Outside OnBuy’s Control;

9.6 Where the Event Outside OnBuy’s Control affects OnBuy’s payment of Cashback to the customer, OnBuy will endeavour to make the payment as soon as is reasonably practicable.

10 Communications

10.1 In this Cashback Contract, "in writing" includes OnBuy Support via communications through the customer’s Cashback Account.

10.2 Customers can also contact OnBuy to provide feedback, raise complaints and to ask any questions regarding the OnBuy Marketplace by pre-paid post to the address at 11.12 below. However, the quickest way to contact OnBuy and to receive a faster response is by using the method set out in 10.1.

10.3 OnBuy may send all notices under this Cashback Contract by email to the most recent email address the customer has supplied to OnBuy, unless otherwise stated in this Cashback Contract.

10.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal proceedings.

11 Other important terms

11.1 No third-party rights: This Cashback Contract is between OnBuy and the customer only and no other natural or legal persons shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

11.2 Headings: The headings contained in this Cashback Contract are for reference purposes only and shall not affect in any way the meaning or interpretation of any of the clauses or sub-clauses.

11.3 Interpretation:

11.3.1 Any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

11.3.2 Wherever a singular expression is used in this Cashback Contract, that expression is considered as including the plural or the body corporate where required by the context.

11.3.3 In this Cashback Contract, the term “or” shall not be interpreted to be exclusive, and the term “and” shall not be interpreted to require the conjunctive (in each case, unless the context otherwise requires).

11.4 Severability: Each of the clauses and sub-clauses of this Cashback Contract operates separately. If any court or relevant authority decides that any of the clauses or sub-clauses are unlawful or unenforceable, the remaining clauses and sub-clauses will remain in full force and effect.

11.5 No waiver: If either the customer or OnBuy (or both) fail to insist that the other performs any of its obligations under this Cashback Contract, or if either party does not enforce its rights against the other party, or if either party delays in enforcing its rights, that will not constitute a waiver of those rights and will not mean that the party that has failed to fulfil its obligations, and no longer has to comply with those obligations. Any waiver of obligations must be made in writing, and will not mean, unless such a waiver includes otherwise, that subsequent defaults are waived.

11.6 Governing Law and Jurisdiction

11.6.1 Customers: The Cashback Contract will be governed by English law. The courts of England and Wales will have exclusive jurisdiction to decide any dispute or claim arising out of or in connection with the Cashback Contract (including disputes as to the formation of the Cashback Contract) in the case of consumer customers that are resident in England and Wales. In any instance of a consumer customer that is resident in another jurisdiction, legal proceedings may be brought in the courts of England and Wales or in the courts of the jurisdiction in which the consumer customer is resident.

11.6.2 Business Customers: The Cashback Contract will be governed by English law. The courts of England and Wales will have exclusive jurisdiction to decide any dispute or claim arising out of or in connection with the Cashback Contract including disputes as to the formation of the Cashback Contract.

11.7 Variation:

11.7.1 OnBuy may vary these Cashback Terms. Any such change shall be made in writing and shall not affect Cashback already accrued. The customer must ensure that the email address OnBuy holds is kept up-to-date and that the customer has full access to it - OnBuy may send the customer important messages there. If the customer changes email address, then the customer must change the address on the OnBuy Account.

11.7.2 Subject to 11.7.3, any variation to these Cashback Terms made by shall require 14 days prior written notice, after which the variation shall be considered incorporated into these Cashback Terms. The customer’s continued use of the OnBuy Marketplace after OnBuy’s notice of the amendment will constitute the customer’s acceptance of the variation.

11.7.3 The 14-day notice period set out in this clause 11.7.2 shall not apply where:

(a) OnBuy is subject to a legal or regulatory obligation which requires it to amend these Cashback Terms in a manner which does not allow it to respect the 14-day notice period; or

(b) Any exceptional or unforeseen circumstances which causes OnBuy to amend these Cashback Terms to address an unforeseen and imminent danger related to protecting itself, the customer and other parties from fraud, malware, spam, data breaches or other cybersecurity risks. If any variation proposed by OnBuy is unacceptable to the seller, the seller shall be entitled to terminate these Seller Terms.

11.8 No agency: No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Cashback Contract.

11.9 Transfer of rights: OnBuy reserves the right to assign this Cashback Contract, and to assign or subcontract any or all of OnBuy’s rights and obligations under it, but OnBuy will not do so in such a way as to reduce OnBuy’s commitments to the customer under this Cashback Contract. The customer may not without the written consent of OnBuy, assign or dispose of this Customer Contract, nor subcontract any of the rights and obligations the customer has pursuant to the Cashback Contract.

11.10 Fraud checks: OnBuy uses systems to deter and limit any fraudulent use or abuse of the OnBuy Marketplace and reserves the right to apply any fraud prevention measures as it sees fit. OnBuy reserves the right to investigate any transactions that customers make on the OnBuy Marketplace which may include the passing of your personal data to third parties it may work with in the provision of providing Cashback. Such data transfers are performed pursuant to OnBuy’s Privacy Policy.

11.11 Entire Agreement: This Cashback Contract is intended to contain the entire agreement between OnBuy and the customer relating to Cashback. It replaces all earlier agreements and understandings between OnBuy and the customer except for any fraud or fraudulent representation by either OnBuy or the customer.

11.12 OnBuy’s company details: OnBuy’s details are shown below.
Company name: Visor Commerce Ltd.
Country of incorporation: England and Wales.
Registration number: 09108414
Registered office: OnBuy House, 12-14 Dean Park Crescent, Bournemouth, BH1 1HL.
Online support: https://www.onbuy.com/gb/help/
VAT number: GB 193 6794 54

Last Modified: 13th June 2024

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