TERMS AND CONDITIONS - Updated 12/5/17
Changes to the Terms and Conditions shall be made from time to time. These changes shall be highlighted but you must check the Terms and Conditions regularly. Your continued use of the Website shall be acceptance of the changes to the Terms and Conditions. If you do not agree to any changes to the Terms and Conditions, then you must immediately stop using the Service and Website.
Account means online account we establish when you register as a member;
Cash back means the amount to be credited to your account (subject to these Terms and Conditions) upon completing a transaction with a merchant through the Website.
CDA means Concierge Desk Australia Pty Ltd ACN 168 179 217;
Client means: Your employer or association that has engaged us to supply their employees or associates with our Service;
Confidential Information means information that is by its nature confidential but does not include:
(i)information already known to the receiving party at the time of disclosure by the other party; or
(ii)information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under this agreement;
(i)the same as in the GST Law;
(ii)any other goods and services tax, or any tax applying to this transaction in a similar way; and
(iii)any additional tax, penalty tax, fine, interest or other charge under a law of such a tax;
GST Law means the same as "GST law" in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Member means the person registered to use the Website;
Merchant means retailer or service provider linked on our Website;
Network means the merchants and their advertising agencies and tracking agencies;
Reward means cash back or other benefit advertised by us to be credited to you upon completion of a transaction;
Service means this Website and the opportunity to access through this Website the many merchant's websites and online ordering facilities advertised on the Website and to obtain advertised rewards subject to these Terms and Conditions;
Transactions means purchases made by you from a merchant displayed on our Website and such purchase is made by access through our Website with the merchant;
User means the person who is the employee or associate of our Client who is registered as a Member and accesses the Service;
Website means this site operated by Concierge Desk Australia Pty Ltd ACN 168 179 217
WSS means We Shop Smart;
‘We’, ‘us’ ‘our’ means We Shop Smart & or Concierge Desk Australia Pty Ltd;
‘You’, ‘Your’ means the User registered on the Website.
Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. Headings are for ease of reference only and shall not affect the interpretation of these Terms and Conditions;
We Shop Smart provides a Website advertising numerous merchants and providing links to those merchants online store. All transactions are between you and the merchant and we make no warranties with respect to any of the merchandise or services featured or mentioned on the Service.
You must be an employee or member of our Client;
You must be registered as a User to use the Website and the Service;
You must be eighteen (18) years of age or over;
You must be a resident of Australia or New Zealand;
You must have a bank account with a bank domiciled in Australia if you are a resident of Australia or in New Zealand if you are a resident of New Zealand;
All cash back funds will be in Australian dollars for transactions in Australia & New Zealand dollars for transactions in New Zealand;
You must supply a valid email address, it must be an active email address regularly used solely by you;
Your right to use the Service is personal to you and you may not authorise others to use the Service, and you are responsible for all use of the Service by you and by those you allow to use, or provide access to, the Service;
You may only use the Website for the provision of the Service;
You will not disrupt, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you shall not impede or interfere with others' use of the Service;
You will not alter or tamper any information or materials on or associated with the Service or hinder the operation of the Website. Other than connecting to Service servers by http requests using a Web browser, you shall not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise;
You shall not use the Service or Website to send spam;
You will not use the Website for any activity which is obscene, indecent, offensive or defamatory or you chose a user name which is rude, indecent or offensive;
You must keep all passwords, account names, username or log in identifications required to access the Website secure and confidential. You shall be responsible for any loss or damage if your username, password, log in identifications are compromised by your actions;
You shall not copy merchant discounted voucher or coupon codes illustrated on our Website and use these codes outside of our Website.
As a registered User you shall have access to an Account created by Us on the Website;
You may only have one Account on the Website
You may cancel your membership/registration at any time;
As a condition of membership, you will need to accept service emails from WSS and or CDA and authenticate your email address. Please note that you will also be signed up to receive newsletters but you can unsubscribe to any correspondence at your convenience
As a registered User you may be eligible for a cash back or a cash reward or rebate after completing a transaction with a retailer displayed on the website;
You acknowledge that all transactions you make with the individual retailers displayed on the Website are with the individual retailer and not with us;
All transactions are electronically traced through a third-party network and reported back to us by means of an identification tag provided in the reports of the merchants and their tracking network;
To be eligible for a cash back/rebate you must enter the merchant site from the Website for each purchase;
You consent to the storage by us of all information provided in the merchant reports and by you when using the Website;
The information you provide to us in your membership registration and further information that you have supplied that is accessible by you in the Website includes personally identifiable information. This personally identifiable information is never sold or shared with any third party, except: if you expressly agree and give us permission to do so. For example, we may pass on some details to a third party if it is necessary for us to process or follow up on a transaction and you give us consent to do so; or if it is required by law.
When visiting our website, if you decide or direct us to pass your
personal details onto a third party, we are not liable for privacy practices, marketing, damages or any actions that may occur from any third party from time to time;
Cash back Rewards & Benefits
Cash backs or rewards shall be advertised by us on the Website;
All cash backs advertised on the Website can vary from time to time due to a change in the Terms and Conditions with the merchants, its agents or us. We shall take reasonable care and skill to ensure that the data provided on the Website is accurate and up to date. However, we give no warranty of the accuracy of any information on the Website and we are not liable for any errors, bugs or omissions, neither are we liable for any resulting damage or loss;
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. Your applicable cash back shall be credited in line with the information reported to us by the network, which may be more or less than the advertised cash back rate;
You can maximize your chances of accruing cash back over several purchases if you click through to the merchant site from our Website directly before each purchase;
We are not liable 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 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;
We reserve the right to make balance adjustments to your Account or reclaim the cash back funds where the cash back credit was applied in error;
Your cash back rewards are secure and have no expiry date, as long as your account remains active and complies with these Terms and Conditions.
Transactions & Accounts:
All cash back/rewards are calculated on the item’s purchase price less GST and delivery charges;
When your purchase has been completed and reported to us, we will credit your account with a 'pending payout'. Once the retailer confirms the transaction, and credits us with the cash back, the payout will be marked as 'Approved' (this can take in excess of 90 days) and will depend on;
The date of purchase;
Reporting of the transaction to us;
If payment by you is staggered or delayed eg booking a Hotel or Travel several months in advance;
Retailer misplacing your purchase;
Your transaction being reviewed by the network;
Cash back rewards are not transferrable between members or accounts;
Multiple accounts are not permitted.
If the goods are returned or the sale reversed or amended by any means then the cash back credit will not be made.
Please note you must be logged into our site so we can track purchasers. We have taken reasonable measures on our site to inform you that you must be logged into our site if you wish to receive cash back rewards. Your transactions can then be tracked by the merchants and our network team.
Be warned: You will not receive your cash back reward if you go directly to the merchant without logging in through our Website.
CREDIT CARD PROMOTIONS: If you make a purchase at the time when a Credit Card Company has a special promotion in action and you pay with that specific credit card, you will not receive your cash back reward. Example: AMEX promotes an offer through one of our merchants that happens to be on our website and you purchase and pay for an item with your AMEX card, under these circumstances you will not be paid your advertised cash back reward. WSS & CDA has no control over the merchants decisions on how they market.
Most Credit Card Companies alert their card holders of these promotions and our understanding is that you are aware of these promotions and understand that you will jeopardise any cashback rebate if you purchase from our website under these circumstances.
You will not receive any cash back if you copy merchant discounted voucher or coupon codes illustrated on our Website and use these codes outside of our Website. This would cause us to take action against you, your account maybe cancelled and your cash back rewards forfeited.
No cash back shall be paid if you use any third party voucher or coupon codes within our Service.
No cash back shall be paid if you do not complete your purchases before opening any other websites (including Google);
When you make purchases you must comply with the terms and conditions of the merchant;
If your account is terminated or disabled for any other reason, then all cash back for past transactions and further transactions shall be forfeited;
We will assist you if you have not been credited with your cash back reward and we will investigate why you were not paid but we cannot guarantee the outcome, the merchants or network determine payment of the cash back;
We also reserve the right to discontinue missing claims, if no purchases were made.
If a merchant still hasn't paid a manual cash back claim after a period of six months then we reserve the right to close the enquiry claim.
We will not administer or assist with any cash back claims after 6 months from the date of purchase.
You take full responsibility for the items purchased by you and we are not liable for purchased items that are lost or damaged.
You may request us to pay the cash back credits in your Account to your bank account. If you request this then;
You must provide us with your banking information. You are solely responsible for maintaining your correct banking information and we will not be responsible for any losses incurred by you if your banking details are not correct;
Any transfers that are incorrect or transfers that are sent to the wrong bank or account are your responsibility and we will not be held accountable. Fees may apply.
A minimum amount of $10.01 must be transferred from your WSS Account. We may change this amount but you will be notified 30 days prior to this change taking effect;
We shall close your account if all amounts credited to the Account are withdrawn;
We will not hold or store your banking details within our programs;
We will not hold or store credit card information after any transaction made by you.
You must make your own enquires as to the collection of financial information by any network, merchant or business with whom you make purchases; and
We are not liable for any network, merchant or business that holds or collects your financial information on any or all purchases.
To register as a Member you must supply the information requested by us;
You are solely responsible for all information that you give to us. It must be current, accurate and valid at all times. You can change your details within your site account at any time. If you are confused or have issues please call us.
The information you provide us in your membership registration and further information that you supply that is accessible by you in the Website includes personally identifiable information. This personally identifiable information is never sold or shared with any third party, except: if you expressly agree and give us permission to do so. For example, we may pass on some details to a third party if it is necessary for us to process or follow up on a transaction and you give us consent to do so; or if it is required by law.
When visiting our website, if you decide or direct us to pass your
personal details onto a third party, we are not liable for privacy practices, marketing, damages or any actions that may occur from any third party from time to time.
Charity options are available through our Website but it must be sanctioned by your association, organisation or employer;
We will transfer all donations to the charity of choice within 7 days of your request. Further information is available on our Website;
Charities may take up to 21 days to respond to any donations;
We are not permitted by law to issue any receipt in regards to donations. This will be addressed by the chosen Charity.
We shall terminate your membership and your account and any cash back credits contained in your account shall not be paid to you if you use the Service for an activity that is fraudulent and/or deceptive or illegal;
Deceptive activity includes instances when a member undertakes purchases, bookings or other transactional activity at a store via the Website without any intention to consummate the transaction (for example where a member purchases and then cancels a transaction in order to attain a cash back payment).
Any Fraudulent or illegal activity shall be reported by us to the appropriate authorities.
We have not reviewed and do not endorse the content of all sites linked to and from this Service and we are not responsible for the content or actions of any other sites linked to and from this Service. Your linking to any service or site is at your sole risk;
We are not liable for any price fluctuations or offers that may occur from time to time. We will however review any discrepancies and will adjust the Service or product accordingly, if we deem it necessary.
We are dependant on the merchants and networks providing up-to-date information and will not be held responsible for price increases, product unavailability and or withdrawn product or service.
Any complaints will be dealt with on an individual bases, please email within 10 days of your original grievance.
We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on discussions or related to; forums, advertising, seminars, business services, chats, travel log or otherwise contained in the Service. Nor do we or our third party service providers make any warranties with respect to any of the merchandise featured or mentioned on the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent our views, our clients or our third party service providers.
To the extent permitted by law you release us form any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with a dispute with any merchant or retailer, your membership or use of this Website.
To the extent permitted by law you indemnify and keep us, our parents, subsidiaries and our officers, employees, agents, consultants and affiliates indemnified against all claims, including third party claims, demands, damages, all costs (including legal), penalties or suits caused by or arising out of your membership or the use of this Service, any breach by you of these Terms and Conditions and any breach by you of any applicable law or regulation.
Limitation of Liability
To the extent permitted by law, in no event will we or any or our officers, employees, agents, consultants and affiliates be liable for any loss or damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with your membership, use of this Service or Website or any linked site, or any merchant site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we or our representatives, are advised of the possibility of such damages, losses or expense.
The Services, including text, graphics, links, or other items on this Website are provided “as is”, “as available”. We do not warrant the accuracy, adequacy or completeness of the content of this Website or the merchant’s websites and to the extent permitted by law expressly disclaim liability for errors or omissions contained therein. Except for warranties which cannot be excluded at law, no warranty of any kind, implied, express or statutory including but not limited to the warranties of non-infringement of their party rights, title and freedom from computer virus, is given in conjunction with this Website and the merchant’s websites.
You can terminate your membership at any time;
We shall terminate your membership upon you ceasing to be an employee or associate of our client;
We in our absolute discretion shall determine if you are entitled to the cash backs or rewards or benefits credited to your account upon termination of your membership. If we determine you are entitled to the cash backs or rewards or benefits then you must within three months of the date of termination provide your bank account details for deposit of any funds and an address for delivery of any awards. If these details are not provided then the cash back and rewards shall be forfeited;
We can terminate your membership if you breach these Terms and Conditions and your account shall be closed and you shall forfeit all cash back and rewards credited or to be credited to your account;
If an account is found to contain transactions gained as a result of spamming, the account in question will be terminated without notice
and any credits contained in your account will be forfeited;
In order to minimise 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 log in to your account at least once every 12 months;
However, 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, newsletters as abusive, junk or spam;
If an account is found to be registered under a member who already has another account, the account will be terminated without notice and any cash backs credited to the member’s account shall not be paid to the member;
We reserve the right to refuse membership and further, in the event of fraudulent, abusive or other activity we determine to be un-fair, we reserve the right to terminate your account and any cash backs or rewards or benefits credited to the member’s account shall not be paid to the member;
We reserve the right to refuse any application to re-join once
We do not give any advice on any financial services including credit products that may be advertised on our site.
Enquiring on any financial services is a personal choice as it entails your needs, objectives and financial circumstances. You acknowledge and agree that our site provides “no advice service”
Please seek professional advice from an authorised financial services representative.
Gift Cards, Movie Tickets, Hotels and Concerts & Shows
At our discretion and depending on availability, we may upon your request, permit you to redeem your cash back funds in your account to purchase Gift Cards and Movie Tickets only;
Gift cards and Movie Tickets - are like cash and must be treated as such. You have the option to receive your Gift Cards by Normal Mail, eVouchers or Registered Post. You are responsible for your gift cards and movie tickets that are lost or stolen and there are absolutely no refunds and we will not replace lost or stolen Gift Cards;
Concerts & Shows: We are bound by the same rules set by promoters, ticketing agents, venues and have no control over cancelled shows, lost or cancelled tickets or wrong bookings. No refunds are possible once you book a Concert or Show. If your tickets have been lost or stolen we will do our best to resolve this issue but we cannot promise that we can resolve this issue, we are bound by ticketing third parties.
Bookings are subject to availability. Once confirmed, bookings may not be cancelled, exchanged or monies refunded. The booking fee and credit card charges will not be refunded if a concert or show is cancelled by the artist, promoter or the venue, but you will receive the full ticket amount provided we obtain a refund from the artist, promoter or venue.
The service and its affiliates are unable to guarantee specific seating locations and therefore cannot accept liability in respect of claims made by members resulting from venue designation or allocation being perceived as below expectation.
Ticket prices include service fees, ticket agency booking fees, promoter's fees where applicable and GST. A handling fee is also charged per booking, this fee is not included within the ticket price. GST may apply to event tickets purchased for events outside of Australia.
Tickets will be mailed two weeks prior to event date (earlier where possible) or will be available for collection at the event box office.
Ticketing - We have no authority to make representations as to the quality or location of seating, unless specified by the agent. Furthermore:
Prices are subject to change without notice.
Information, cast and event dates are subject to change.
The Service and its affiliates are not responsible for any cancellation or rescheduling of events or for changes in the programme or performers.
In the case of rescheduling of an event, subject to the promoter, ticketing agents or venue’s consent, tickets will be transferred to the new date.
No refund can be given if the date of the rescheduled event conflicts with other tickets that have been purchased or can no longer be used due to your travel plans or other commitments.
The Service reserves the right to charge an administration fee if a lost ticket voucher needs to be issued.
The Service and its affiliates are not responsible for issues arising at the performance relating to venue / performance or the behaviours of other patrons.
Hotels - Hotel cancellation fees will apply and are determined on a case by case basis and are subject to agreements between the Service and the hotel management. In the case of an event being cancelled or re-scheduled the monies paid for the accommodation component of the package is non-refundable
Travel Insurance: Where accommodation and/or travel arrangements are included in your booking we strongly recommend that you purchase a comprehensive travel insurance policy.
The Service finalizes all arrangements upon the express condition that it shall not be liable, apart from non-excludable liability, forany injury, death, damage, loss, accident, delays, generally or irregularity which may be occasioned either by reason of any defect in any venue, vehicle, vessel or aircraft, or through the acts of default of any person engaged in conveying or accommodation of passengers, or in the carrying out of arrangements of tours, events or otherwise in connexion herewith.
The Service has / have utilised information provided by third party companies and all attempts have been made to ensure the accuracy of this information. Alterations and amendments can occur and the 'Service' cannot be held responsible.
Refunds & Account Credits - For all CDA Clients who have this option for it’s Employees - These credits are not related to Cash Back Rebates
Credits are related to cash payments made on behalf of the employer for the employee’s benefit and are valid for the term of the membership.
Credits can be used to purchase any goods or service provided it’s within the services provided by CDA.
Credits can be forfeited if the employee leaves the company, membership card/s expiry or the program is terminated by the member’s company.
Credits can be withheld at any time if the members company is in breach of the agreement or the members company does not pay outstanding invoice / fees.
Credits cannot be exchanged for cash or transferred to a third party.
email@example.com if you have queries about our Terms & Conditions.
Should any part of these Terms and Conditions be or become invalid, that part shall be severed from the Terms and Conditions. Such invalidity shall not affect the validity of the remaining provisions of the Terms and Conditions.
Any dispute or difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia. During such arbitration, both parties may be represented by a duly qualified legal practitioner.
These Terms and Conditions shall be Governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia. You submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.