These terms and conditions (together with any other documents referred in these terms and conditions) ("terms and conditions") set out the legal terms that apply to your use of our website cashbackist.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "websites" and “website” being a reference to any one of them) and the other services that we provide, such as sending cash back (the "services"). This terms and conditions constitute a legally binding agreement between each individual who enrolls (sign-up) in cashbackist.com, or otherwise uses any one of the Cashbackist’s services (“member,” “you,” or “your”). When we refer to "we," "us" or "our," we mean Cashbackist, Inc., cashbackist.com, all Cashbackist Mobile Applications, and any other websites or applications developed and operated by us.
Please read these terms and conditions carefully and make sure that you understand them before using the websites and services. Please note that by using the websites and services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you will not be able to use the services, and you should leave the website immediately. If you continue to use the website or if you make purchases, we will take this as your acceptance of these terms and conditions.
Cashbackist is owned by Cashbackist, Inc. Use of the services provided by Cashbackist is regulated by the terms and conditions list below.
Understanding these terms and conditions
These terms and conditions are only available in the English language. We will not file copies of the contracts between you and us relating to our supply of the services, so we recommend that you print or save a copy of these terms and conditions for your records (but please note that we may amend these terms and conditions from time to time so please check the website regularly, and each time you use the services to earn cash back, to ensure you understand the legal terms which apply at that time).
We are Cashbackist, Inc., a Delaware corporation, and we operate the website. We are a company registered in Massachusetts and Delaware, USA.
Cashbackist receives the commission, payable by retailers, for qualifying purchases made by Cashbackist members from the retailer, once that retailer has confirmed the purchase. We give a portion of this commission to our members as cashback. Qualified retailers will be identified on the website along with the percentage cash back amount members will receive. Participation in our service and the opportunity to earn cash back are offered at the sole discretion of Cashbackist and subject to your compliance with this agreement.
We are not responsible or liable for service change or removal of an affiliated store, an affiliated stores decision to withdraw from the affiliated network and the impact this has on an accrued cash back balance. Cashbackist.com does not offer any warranties for the products, promotions, coupon codes, and special offers being provided by participating retailers and advertisers. Cashbackist is not a party to any transactions with retailers, and is not the seller or supplier of, and does not endorse, any of the goods or services that they make available. Thus, we do not have any of the legal obligations that apply to the sellers of those goods or services. It is important to review individual retailer's privacy policies, refund and return policies before making any purchases.
Our liability to you about the services
To the maximum extent permitted by applicable law, in no event shall Cashbackist be liable for any special, incidental, consequential, exemplary, punitive or other indirect damages or for any lost profits, lost data or loss of use damages, even if it has been advised of the possibility of such damages. If in providing the services to members, we fail to comply with these terms and conditions, we are responsible for loss or damage members suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. To the maximum extent permitted by applicable law, Cashbackist’s maximum aggregate liability arising out of this agreement will not exceed fifty US dollars ($50).
Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by members and us at the time members started using the services. We do not in any way exclude or limit our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability which cannot be limited by law. We are not responsible or liable for any purchases made through participating retailer sites, nor is it required to provide support for such purchases. Complaints regarding any purchases should be directed to the retailer involved. Members of our services agree not to hold Cashbackist responsible for any and all damages arising from the use of this service and its associated links.
About our website
This section sets out the rules that apply to your use of the website (whether or not you use it to earn cash back or just to browse). By using the website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the website, and you should leave it immediately.
The website is made available free of charge, and you are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms and conditions and that they comply with them.
Access to the website is permitted on a temporary basis, and it does not include any commercial use of the website or its contents. You must not reproduce, copy and/or exploit the website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the website without notice and, from time to time, we may restrict access to all or parts of the website. We will not be liable to you if, for any reason, the website is unavailable at any time or for any period.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.
We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the terms and conditions and/or any third party products and services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
Register an account
We are happy for you to link to the website, but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the website, you must do so as soon as possible.
Where the website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Our liability about the website
We may update or change the website or its contents at any time. Please note that this means any of the content on the website may be out-of-date at any given time. The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the website; or (ii) use of or reliance on any content displayed on the website.
Please note that we only provide the website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for 1. Death or personal injury caused by our negligence; 2. Fraud or fraudulent misrepresentation; 3. Any other liability which cannot be limited by law.
We are the owner or the licensee of all intellectual property rights in the website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("content"). The rights in the website and the content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilize parts of the website or the content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the website. You must not create and/or publish your own database that features substantial parts of the website (e.g., Our cash back rates and offer listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the website are owned by the respective trademark owners.
Third party products and services on the website
The website may contain services and/or products (including add-ons and applications) offered by third parties. Your use of these third-party products and services may be subject to additional terms and conditions which we recommend you review before first using such third-party products and services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any third-party products and services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the websites and/or services, including but not limited to third-party products and services, in the event that you breach any third-party products and services’ terms and conditions. Use of third party products and services is entirely at your own risk.
We make no guarantee that any or all features of the websites, services or third-party products and services will work on any particular device.
We support third-party platforms, including Facebook and Google, to make it easier for you to sign in or create your Cashbackist account. However, a connection between your social media account and your Cashbackist account is not required for you to be a member of cashbackist.com and to earn cash back. Any use of third party platforms to create and access your Cashbackist account are subject to the terms and conditions and privacy policies of such third parties.
The Cashbackist marks may not be used in connection with any product or service that is not Cashbackist in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cashbackist. You shall not by any means bid on any keywords with any search engine containing “Cashbackist” or anything substantially similar to “Cashbackist” or any other Cashbackist mark including, without limitation cashbackist.com, cashbackist.us, www.cashbackist.com, cashbackist.store, cashbackist.cash and cashbackist.co. You shall not mention or use Cashbackist in any ad text, extensions or banner ads without the express written consent of Cashbackist.
Earn cash back
If a retailer fails to report a transaction to us or withholds payment to us, we reserve the right to cancel the cash back associated with that transaction.
If a member believes that cash back has not been accurately reported to his/her account, it is the responsibility of the member to submit a cashback inquiry through the member dashboard. Cashback inquiries must be submitted no later than 60 days after the transaction date.
Cash back is earned on your net purchase amount, which EXCLUDES TAXES, FEES, SHIPPING, GIFT-WRAPPING, DISCOUNTS OR CREDITS, RETURNS OR CANCELLATIONS, AND EXTENDED WARRANTIES. Purchases of gift cards do not qualify for cash back. Cashback amounts vary by store and product category and may contain exclusions in terms of the offer and/or the applicable store page. Please review these terms carefully.
Bonuses and rewards
The terms for the Refer & Earn and Share & Earn bonus programs can be found in the Refer & Earn and Share & Earn page, respectively.
Members may earn unlimited Refer & Earn and Share & Earn bonus.
To earn a sign-up bonus, a member must join Cashbackist during a promotional period or via a link or web page on cashbackist.com where such bonus is being promoted and fulfill the terms of the sign-up bonus as stated at the time. Each member is eligible for a maximum of one sign-up bonus.
Our members are not permitted to use any paid promotional method for soliciting cash back sales through their Cashbackist account or to earn referral/share bonuses. This includes, but is not limited to, PPC ads through networks such as Google AdWords or Bing AdCenter, Facebook ads, Twitter ads, email marketing, banner advertising, content/display ads, and retargeting. You may not include your referral/share link or distribute your referral/share link on any website or platform that does not belong to you, such as social media pages belonging to merchants or forum pages belonging to third parties. You shall not send any paid traffic directly to your referral/share link.
Any member in violation of this policy will have their account banned and will forfeit all cash back and referral/share bonus earnings.
Share & Earn
Cashbackist members can earn unlimited cash back by participating in the Share & Earn program. All qualified purchases made through a shared link that created by cashbackist members must meet the requirements in “Cash Back Terms” (please find “View cashback terms” on the top of each store page). This program is designed for earning extra cashback from purchases made by non-members. If a Cashbackist member used a shared link created by another Cashbackist member, only the Cashbackist member who created the link will receive the cashback.
In order to receive the payment, you must establish and maintain an active account (defined in the “Account maintenance”) with the information necessary to process your payment: a valid email address at which you are able to receive email, your full name, a strong password to protect your account, and a valid phone number. If you elect to receive payment via PayPal, you must provide us with a valid PayPal email address. You must not use a PayPal account associated with another Cashbackist account. A single PayPal email address cannot be connected to multiple Cashbackist accounts. Also, as a condition of payment, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s office of foreign assets control (“OFAC”) or be listed as a “specially designated national,” a “specially designated global terrorist,” a “blocked person,” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
We reserve the right to withhold payment of cash back rewards for suspected fraud, abuse of retailers or our website, use of email spam to promote referrals, or for creating multiple user profiles. If you feel your cash back rewards are being withheld in error, please contact us. Any fraud or abuse relating to earning or receipt of cash back rewards, or any misrepresentation of information furnished to Cashbackist or its retailer's partners by you or anyone acting on your behalf may result in the termination of your account and forfeiture of cash back rewards.
In our sole discretion, we may deduct cash back from your account in order to make adjustments for returns and cancellations with respect to qualifying purchases. Any such adjustments, however, will be made in accordance with this agreement, any applicable Cashbackist policies and terms, the terms of any affiliate store offer, and any and all applicable laws, rules, and regulations. The determination of whether a purchase made through Cashbackist affiliate store qualifies for cash back is at the sole discretion of Cashbackist. If an affiliate store fails to report a transaction to us or fails to make payment to us for any reason, we reserve the right to cancel the cash back associated with that transaction. It is your responsibility to check your account regularly to ensure that cash back has been properly credited and paid and that your account balance is accurate. If you believe that cash back has not been correctly credited to your account, you must contact our customer services within ninety (60) days of the transaction.
Cashbackist pays our members in US dollars via PayPal, ACH, or other payment options as we may make available from time to time. Payment via direct deposit is available for members residing in the US only. A member's payable account balance must reach a minimum withdrawal amount listed next to each payment method in order to be eligible for payment. Members may select or change their payment options in the account settings through the member’s dashboard.
We reserve the right to delay payment for any purchase based on changes to affiliate store policies at any time. We are not responsible for payments delivered to the wrong bank account through no fault of us or for payment errors made by payment partners like PayPal. There is typically a transaction fee on the total payment amount charged by PayPal to process international transactions. In instances when this international fee is charged on the PayPal transaction, it will be deducted from that member's cash back balance. Payment requests can be made once every 30 days.
You may be taxed on your receipt of bonuses and other consideration (merchandise, travel, etc.). For member referrals or other promotional activities depending on the tax laws of federal, state, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received in connection with any member referrals or promotional activities.
Security of account
You must maintain the confidentiality of your account information, including username and password by which you access the program. Any use of your username and password will be deemed to be your use, and we are entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
An active account means you must have engaged in one of the following activities within the past twelve (12) months: (i) updated your account information, (ii) have shopped or started a shopping trip via Cashbackist, (iii) have accrued cash back, (iv) have logged into your account. Except where prohibited by applicable law, if you have not engaged in one of the activities in subsections (i) to (iv) for more than twelve (12) consecutive months, we reserve the right to debit your Cashbackist account balance two dollars ($2.00) per month ("inactive account maintenance charge") to recover the cost of account maintenance in its normal course of business until you reactivate your account by engaging in one of the activities set forth above in subsections (i) to (iv) or until your account balance is zero. If the balance in your inactive account is or becomes zero, we will close the account permanently and cease to maintain your account records and program access. The inactive account maintenance charges are nonrefundable but will not cause your account balance to become negative and will not cause you to owe money to Cashbackist.
We may terminate these terms and conditions and your use of or access to our services at any time, for any reason or no reason. Any violation of this agreement or the rules and conditions of the service may result in the cancellation of your membership, your account and/or forfeiture of pending or prior cash back. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of our services or any functionality, feature or other components of cashbackist.com (and mobile applications). You agree that Cashbackist will not be liable to you or to any third party for any modification, suspension, or termination of our service or your access to any of the Cashbackist website and mobile applications. Upon any termination of the service, your right to receive cash back will terminate. Termination will not prejudice either your or our remedies at law or in equity.
We reserve the right to investigate any purchase transactions, referral activity, or interaction with any cashbackist.com that we believe, in our sole discretion, is abusing or has abused the program. We reserve the right to rescind any cash back, bar further cash back awards and/or bonuses to, and/or terminate the membership of, any member that we believe, in our sole discretion, is abusing or has abused the program, including, without limitation, by engaging in a pattern of returning products after the corresponding cash back has been credited or making fraudulent referrals by creating multiple accounts. Any failure to comply with this agreement, any fraud or abuse relating to the accrual or receipt of cash back or other rewards and bonuses, or any misrepresentation of any information furnished to us by you or anyone acting on your behalf may result in the termination of your membership in Cashbackist and forfeiture of your accrued cash back rewards. If we have any reason to suspect fraudulent activity is associated with your account, we reserve the right to delay or withhold payment of cash back. Any suspected or actual cases of fraudulent activity will be escalated and reviewed in accordance with our fraud policy.
You agree to indemnify Cashbackist, any affiliate store, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
Governing law & arbitration
You agree that any dispute, claim or controversy arising out of or in connection with Cashbackist’s business or this agreement or relating in any way to our services or our website and mobile applications shall be determined by binding arbitration. You further agree that the U.S. federal arbitration act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and Cashbackist, and Cashbackist waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor Cashbackist can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Cashbackist further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.
You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation, and enforceability of this agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
Events outside of our control
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our reasonable control such as act(s) of god, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects the delivery of services or payments to you, we will contact you to arrange a new delivery date after the event is over.
We reserve the right to assign this Terms and Conditions, and to assign or subcontract any or all of our rights and obligations under this Terms and Conditions, but will not do so in such a way as to reduce any guarantees you are given under this Terms and Conditions. You may not without the written consent of Cashbackist assign or dispose of this Terms and Conditions, nor subcontract any of your rights and obligations under it.
Each of the sections and paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
If you breach these terms and conditions and we take no action, or if we delay in acting, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our directors), and that will not mean that we will automatically waive any later breach by you.
This agreement represents the entire agreement of the parties concerning the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of this agreement that may have been accepted by you). We reserve the right to modify this agreement at any time. Your non-termination and continued participation in our services or use of any Cashbackist website or mobile applications after modification of this agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our contact us page for details of how to get in touch with us.
Updated on 02-09-2019