Individual results (Cash rewards) are dependent on the offers you complete. The Rewards Programme involves the payment of commission to us by participating advertisers in respect of your approved transactions for which we credit you with cash. You must complete all 10 offers and they must be validated by the participating advertisers to receive and withdraw your cash reward.
1. This rewards programme (the "Rewards Programme") is an online service provided by 10cogscom.au ("Us/We/Our"), , e-mail email@example.com , website www.10cogs.com.au /Submission Technology Pty Ltd (ACN 606 612 060) ("Submission Technology").
2. The Rewards Programme enables providers of goods and services ("Participating Retailers") to promote and offer them ("Participating Retailer Goods/Services") for sale online to you in conjunction with certain rewards.
3. Participating Retailer Goods/Services are available online as part of the Rewards Programme through certain websites all of which are operated by Us for Ourselves (for example, 10cogs.com.au) and for third parties with their branded look and feel (collectively " Partner Service").
4. The Rewards Programme involves the payment of commission to Us by Participating Retailers in respect of your Approved Transactions for which We credit you with Cash.
5. "Approved Transactions" are only those that are tracked transactions between you and Participating Retailers concluded via the Partner Service; and made in accordance with these Rules, the terms of any Participating Retailer's promotion and any other terms and conditions applicable to the use of the Partner Service; and confirmed by the Participating Retailers as no longer capable of being cancelled by, credited to and/or refunded to you, whether in whole or in part.
6. Without in any way limiting or exemplifying what may not qualify as Approved Transactions the following shall specifically not qualify as Approved Transactions: transactions made when you have more than one Account concurrently in existence; transactions in respect of which you have not initiated transaction tracking; transactions in respect of which the data necessary to enable Cash Rewards to be credited to your Account has been corrupted, damaged or lost; transactions, which are or which We reasonably believe are conducted by you with a purpose which is unethical and/or intended to obtain Cash Rewards dishonestly and/or in a manner contrary to the spirit or letter of these Rules.
7. You understand that regardless of the Partner Service through which you participate in the Rewards Programme your contractual relationship is with Us, your personal data will be controlled and processed by Us as well as Participating Retailers necessary for the purposes of performing Our obligations to you under the Rewards Programme and shall be shared by Us with Partner Services through which you participate whilst you are a participant in the Rewards Programme.
8. To enjoy the Rewards Programme, you must register through the website of a Partner Service under your proper legal identity and in doing so you agree to abide by all of these terms and conditions which shall govern your use and enjoyment of the Rewards Programme and are referred to below as the "Rules".
9. We shall be entitled to amend these Rules from time to time, and shall notify you of any changes, following which your continued use of the Rewards Programme shall be subject to these Rules as amended.
10. You are only eligible to join and continue to take part in the Rewards Programme if you are over 18 years of age, have your permanent place of residence at an address in the Australia and maintain with us a valid and subsisting email address. Your email address will be used to send you regular Rewards Programme member’s offers. You will be given the option to opt-out of receiving these member’s newsletters. You warrant to Us that whilst a participant in the Rewards Programme all of the information you provide in connection with it shall be at all times true and correct to the best of your information, knowledge and belief.
11. When you complete an Approved Transaction, resulting in the payment of commission to Us by Participating Retailers then you will be entitled to a Cash Reward in accordance with the terms of the Participating Retailer's promotion.
12. Unless otherwise specifically stated, you should assume that the calculation of cash excludes postage and delivery costs and the VAT element of a sale.
13. Cash Rewards shall be owned by Us and held by you in an account created for you by Us when you register ("Account"). Only Cash Rewards obtained from Approved Transactions shall be credited to your Account.
14. We will use reasonable endeavours to ensure advertised Cash Rewards are correct. We are not responsible for incorrectly advertised Cash Rewards.
15. Your failure to correctly follow any required instructions or conditions may result in no Cash Rewards being credited to your account for which you will have no recourse against Us, Partner Services or Participating Retailers.
16. You accept that in some cases there may be a delay or failure to credit Cash Rewards to your Account due to a Participating Retailer's failure to provide information to Us. Whilst We shall use reasonable endeavours to recover Cash Rewards for non-tracked transactions We shall have no responsibility or liability for such delay or failure.
17. Whilst many Participating Retailers report credits within a few days of an Approved Transaction being completed, some do not report them to Us until their returns period has expired. In the event that you completed an Approved Transaction in full compliance with all associated conditions and the Cash Reward is not pending as a credit to your Account then in order to resolve it your only option is to email us through our website as a result of which We will then attempt to make recovery from the Participating Retailer. However, we make no warranty or representation and offer no assurance or guarantee that the Cash Reward will be credited to your account as a result. We cannot support ‘missing transaction’ support requests where the transaction occurred more than 180 days ago.
18. You must complete the offers in order. Access to the next offer will only be enabled once you have completed the previous offer. If at any point a previous offer that you have completed becomes rejected, you will have to redo that offer successfully before moving on.
19. Transactions that are marked with a pending status in your account are awaiting final confirmation from the retailer. This is an automatic process and there is little we can do to expedite the process. We will not accept emails on pending transactions until they have aged a minimum of 120 days and no older than 180 days.
20. You are not entitled to a Cash Reward in respect of Approved Transactions for which We do not receive the whole of the commission due from the Participating Retailer.
21. You are required to use the Rewards Programme in an ethical manner and should accounts be used to purposefully defraud or inflate cash earnings with Participating Retailers then duplicate transactions will be removed and/or your account subject to termination.
22. We are responsible for keeping your Account accurate and up-to-date in accordance with these Rules. We may adjust the balance of your Account in respect of non-payment from Participating Retailers, refunds or returned products, suspected or actual dishonesty, and/or mistakes, including but not limited to, accounting errors. You understand that running a Rewards Programme can be technically complex, and that in the course of so doing information may be withheld, provided or received in good faith by any of the participants in it, which may lead to the balance of your Account being inaccurate from time to time. You and We will use reasonable endeavours to deal with and rectify Account inaccuracies, and you agree that We shall have no liability to you or any third party in respect of them, including Our inability to rectify them to your satisfaction.
23. You shall contact Us only and shall not directly contact Participating Retailers or Partner Services in connection with any aspect of the Rewards Programme, whether for the purposes of raising a query, seeking further information or making a complaint/claim.
24. You are responsible for the security of your Rewards, and you agree that you will not transfer them to any other person, barter them for goods or services or deliberately or negligently enable any other person to obtain the benefit of Rewards awarded to you with or without your consent and that you will keep your Account details private and secret from others.
25. We will constantly review the balance of cash rewards credited to your account. You will be sent a payment via BACS or PayPal in an amount equivalent to the then balance of your Account, subject to each of the following criteria being met:
i. you have successfully completed 10 Offers.
ii. all 10 offers have been validated.
iii. you have activated your account and updated your account profile to include your full postal address in accordance with the instructions supplied as part of the Rewards Programme and available from the Partner Service website.
26. If you request your payment via BACS direct to your nominated bank account. You acknowledge that in the event that you provide incorrect bank account details your payment cannot be re-issued.
27. Upon remittance of the payment to you, the balance of your Account in respect of which it has been issued will be reduced to zero regardless of whether or not the payment is safely received by you. Neither We, Partner Services, nor Participating Retailers accept any liability in respect of you providing incorrect bank account details for your BACS payment or the good faith return to zero of Account balances.
28. Where We have paid money to you in respect of Cash Rewards that are subsequently reversed or cancelled by a Participating Retailer, we reserve the right to debit the value of that transaction from your Account.
29. You will not register with the rewards programme under and identity more than once without first terminating your current registration and you will not concurrently hold more than one account opened with any partner service under any identity. Please note that breach of this rule may amount to an act of dishonesty, leading to criminal prosecution.
30. You may view your Account through the website with which you registered for the Rewards Programme, but you are responsible for keeping the permanent record of the details of your Account including its current balance. It is possible that through events of force majeure or for other reasons beyond our reasonable control We temporarily or permanently lose the data associated with your Account. You agree that We shall have no liability to you whatsoever in connection therewith.
31. It is possible that during the period with which you are registered for the Rewards Programme the Partner, through whose website you registered, ceases to be a Rewards Programme Partner ("Partner Closure"). We will post a page, notifying you if and when that happens, providing you with details of how you may continue to participate in the Rewards Programme.
32. In the event of a Partner Closure your Account will thereafter be available only through the 10cogs.com.au website until such time as your Account is closed. You understand that in this event, your communication in respect of the Rewards Programme will be conducted with Us and you agree that thereafter, subject to these Rules, we shall be entitled to deal with you as a participant in the Rewards Programme as if you had registered for it through the 10cogs.com.au website.
33. Upon ceasing to be a participant in the Rewards Programme your Account will be closed. In the event that your Account is closed you will automatically cease to be a participant in the Rewards Programme. In the event that for a period of 6 months you do not complete any Approved Transactions then your Account status will become an ' Inactive Account '. Unless we determine otherwise in our absolute discretion and on a case-by-case basis, upon becoming an Inactive Account, the balance of your Account shall be voided and it shall be automatically closed.
34. We may do any of the following at any time without cause or liability and without your consent:
i. close your Account; and/or
ii. amend, suspend or terminate the Rewards Programme, any part of it or any feature within it; and/or
iii. restrict the hours of availability of the Rewards Programme; and/or
iv. limit the amount of your permitted use of the Rewards Programme.
35. You acknowledge and agree that regardless of the size of the balance of your Account, the Cash Rewards standing to its credit, or to be credited to it shall be automatically voided (so that you will not be entitled to any payment in respect thereof) in any and all of the following circumstances:
i. if We or a Partner Service through whom you registered for the Rewards Programme should experience any event or process forming part of an insolvency, administration, receivership or winding up; or,
ii. if 10cogs.com.au or the Partner Service through whom you registered for the Rewards Programme should cease to be part of the Rewards Programme; or,
iii. if for any reason, we should be unable to continue further funding of the Rewards Programme, in whole or in part and whether as regards some or all participants in it; or,
iv. we terminate your Account because of a breach or suspected breach of these rules by you; (v) if you close your Account; or
v. it is automatically closed as an Inactive Account.
36. If We terminate your Account because of a breach by you of these Rules you agree that you will not seek to register with the Rewards Programme again, whether using the same or a different identity to that under which you originally registered. Otherwise you may voluntarily close an Account, and re-register with the Rewards Programme.
37. You understand and agree that Rewards have no value or cash equivalent, that they may not be transferred or redeemed by You with third parties (whether or not Partners), whether for cash or in kind and that they do not represent any stored value.
38. You expressly agree that participation in the rewards programme is at your own sole risk. You understand that your purchase of goods or services from participating retailers is subject to governed by their terms and conditions of sale and not these rules and that these rules do not affect your rights in respect thereof. However, for ourselves only we make no warranty with regard to any products or services obtained by you from participating retailers and hereby expressly exclude to the fullest extent permitted by applicable law all representations and warranties including as to title, fitness for purposes, merchantability and/or satisfactory quality regarding goods and/or services obtained from participating retailers through the rewards programme.
39. You agree that the rewards programme is provided on a strictly “as is” and “as available” basis. We make no warranty that the rewards programme will meet your requirements or that it will be uninterrupted, timely or error free nor do we make any warranty as to the results that may be obtained from the use of the rewards programme or as to the accuracy or reliability of any information obtained through it.
40. We shall not be liable for any special indirect, incidental or consequential loss or damage or for any awards of punitive or aggravated dames relating to your participation or inability to participate in the rewards programme.
41. These rules do not affect those of your statutory rights which cannot be amended or excluded in law and the exclusions and limitations of liability contained in them shall be construed and applied accordingly.
42. You shall indemnify and hold us our affiliates, officers and employees harmless from any claim, demand, expense or damage (including reasonable legal fees) relating to your breach of these rules, and/or the terms applicable to participating retailer’s promotions and/or the use of a partner service.
43. Our failure to enforce your strict performance of any provision of these Rules will not constitute a waiver of our right to subsequently enforce such provision or any other provision of them.
44. We operate a programme in connection with the Rewards Programme called Refer a Friend. It offers you the facility to refer new users in consideration for a bonus Cash Reward. The bonus amount will be £10 subject to each of the following criteria being met:
i. the referred friend successfully completes 2 offers.
ii. the referred friends offers are both validated.
45. You must not use inappropriate marketing methods, (including but not limited to, sending unsolicited email, posting in newsgroups or discussion forums that do not permit advertising or using false claims in their advertising) to benefit from the Refer a Friend Programme.
46. Where You refer a friend, who is not identified by the Reward Programme database as being referred via your original customised refer a friend link, no refer a friend bonus payment will be paid. We are not responsible for the failure of the Refer a Friend tracking links to accurately log your referrals.
47. In the advent that we run a promotion where as a "Welcome Bonus" is given, this bonus will only be payable when all 10 Cogs have been completed and confirmed by the advertisers.
48. These Rules shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction over any and all disputes arising out of or in connection with them.