EmailCash

Terms of Service

Terms of Service

1. Acceptance of Terms of Service

The EmailCash Service and the EmailCash Web sites (referred to hereafter as 'the EmailCash Network' or 'the Network') are owned and operated by EmailCash Marketing Pty Ltd ABN 26 119 988 519 (referred to hereafter as 'EmailCash').

The Service is open for membership to individuals of age 18 years or over, or to minors of age 13 years or over with parental or guardian permission. The Service is open for membership only to residents of Australia. Membership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the EmailCash Network (referred to hereafter collectively as 'Terms of Service'). The submission of the online membership application constitutes the member's acceptance of the Terms of Service. Since the member is bound by these Terms of Service, the member should periodically refer to them here. EmailCash reserves the right to vary the specifications, rates, rewards, rules and conditions of any element of the EmailCash Service and Network facilities at any time without notice. EmailCash reserves the right to vary these Terms of Service by providing 30 days notice on this website.

2. Conditions of Membership

EmailCash reserves the right to terminate the membership of individuals who violate the following conditions of membership:

• An individual may only apply for one membership.
• Each email address can only belong to one member.
• A maximum limit of 3 memberships per postal address applies.
• The member must not send unsolicited email ('SPAM') to strangers to promote EmailCash.
• An individual must not join nor use the Service on behalf of another individual.
• The member must inform EmailCash of any change in the member's personal details, including email address and street address. This can be done through the My Account page on the EmailCash Web site.

EmailCash also reserves the right to terminate the membership of any individual without cause or reason.

3. Advertising

By joining the EmailCash Service, the member consents to EmailCash sending to the member commercial advertising material via email. EmailCash will endeavour to send you no more than 14 emails per week, however there is no guarantee on the maximum or minimum number of emails you will receive.

The EmailCash Network and the advertising emails sent by EmailCash contain third party advertisements which may contain embedded hyperlinks to Web sites operated by third parties or their licensees or contractors. All third party advertising is paid for by the relevant third party advertisers and is not a recommendation or endorsement by EmailCash or its Affiliates or their respective directors or employees. The member is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser which the member can accept by linking to the advertiser's web site and executing the relevant transaction. The member acknowledges that such offers are not made by EmailCash, and the third party advertiser is solely responsible to the member for the delivery of any goods or services purchased from the third party.

4. Payments to Members

EmailCash is not liable for cheque payments to the member where the member has not accumulated at least $33 value. Further to this, the reward of currency, cheques, goods and/or services to the member is solely at the discretion of EmailCash.

As the Service is open for membership only to residents of Australia, EmailCash will not send any payment of rewards, including payment by cheque or payment with merchandise, to any address outside of Australia.

EmailCash reserves the right to request a copy of a proof of identification document, for account verification and security purposes, before granting a request for payment of rewards, including payment by cheque or payment with merchandise. Where the member is unable to provide a copy of a proof of identification document, EmailCash may deny the request for payment of rewards and may also, at its discretion, cancel the membership account.

The member is solely responsible for ensuring the accuracy of information provided for the purposes of delivery of reward cheques. Where a cheque is issued in the wrong name or where a cheque requested is not received or lost by the member, an administration fee of five hundred (500) EmailCash reward points will be charged for the re-issue or cancellation of that cheque. EmailCash is not responsible for any mail handling error of any postal service involved in the delivery of a reward cheque.

Whilst EmailCash endeavours to keep the Network error free, if reward points are credited to a member due to a human or computer error, EmailCash reserves the right to adjust or reverse such a transaction without notice.

EmailCash points are not transferable between members or accounts.

If a membership account is cancelled, the cancellation is final and the membership cannot be re-activated. Upon cancellation, the member will forfeit their reward points and all outstanding payments and rewards.

5. Communication Facilities

The EmailCash Network contains electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by members to EmailCash, real-time interaction between members and other electronic messaging and notice services (referred to hereafter as 'Communication Facilities'). It is a condition of your use of any Communication Facility and your access to the Network that you do not do any of the following:

• restrict or inhibit any other member from using or enjoying any chat room;
• post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
• post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
• post or transmit any material of any kind which contains a virus or other harmful component;
• post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;

Violations of these terms relating to Communication Facilities may result in a reward points or exp penalty, a suspension from posting in the forum, or cancellation of your membership.

EmailCash may from time to time monitor or review the contents of its Communication Facilities. While EmailCash reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in EmailCash's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Service, EmailCash has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is EmailCash responsible for any contents in any Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

EmailCash reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

EmailCash reserves the right to terminate any membership account created with a pen name that in EmailCash's opinion is offensive, obscene, profane or indecent.

6. EmailCash Network Facilities & Services

Auctions
The Auctions facility does not constitute an auction house where payment of Australian currency is made for goods and services. Auction items are awarded to members at the sole discretion of EmailCash.

Catalogue
Catalogue items are awarded to members at the sole discretion of EmailCash.

Competitions
By entering into EmailCash competitions, you agree to have your name published on the EmailCash Web site in the case that you are a winner. EmailCash employees and their family members, EmailCash partners and clients, agents, suppliers, and their employees and immediate family are not eligible to enter any EmailCash competition or win any EmailCash Auction. Further conditions apply to entry of EmailCash competitions, as displayed on the competition pages. Members will be automatically entered into the Top 30 competition if they choose to earn reward points through EmailCash Reward Partners.

Coupons
The issue of coupons to members is subject to availability. Use of a coupon is subject to the terms and conditions listed on that coupon. Coupons are not valid in conjunction with any other offer, unless specified otherwise. Each individually numbered coupon may only be redeemed once. Any member that attempts to re-use a coupon or otherwise fraudulently redeem a coupon may be subject to a reward points penalty, or their membership account may be cancelled.

Whilst EmailCash endeavours to ensure that all participating businesses will honour the coupons they are offering, EmailCash makes no guarantee that the coupons will be honoured. In the event a member presents a coupon for redemption and the coupon is not honoured, EmailCash will contact the business and attempt to resolve the issue. If it is found that the business is not acting in good faith, EmailCash may, at its discretion, refund the redemption price of the coupon in reward points, and award 200 bonus points to the member.

Delivery Of Prizes & Merchandise
EmailCash is not responsible for any mail handling error of any postal service involved in the delivery of a prize to a member, whether it be an auction item, catalogue item, or competition prize. If a prize or item is returned to EmailCash because the address is undeliverable, EmailCash will charge to the member's points account the total cost of postage to have the item re-sent. EmailCash reserves the right to refuse a request for exchange or refund of any prize or merchandise.

Where an auction item or prize is sponsored by a third party, by bidding on such auction or entering into the competition, the member agrees to, in the event of the member winning, EmailCash passing on the member's name, address, and personal details to the third party for the purpose of delivery of the item or prize.

eBank
The 'eBank' facility is not a financial services facility. It is not an authorised bank covered by the regulations of the Australian Prudential Regulation Authority (APRA). A maximum total of deposits of 10,000 points applies for normal members. This limit is 25,000 points for EmailCash Gold members.

Payments From Members
Where a chargeback of sale is received by EmailCash for a credit card transaction (for purchase of products and services or purchase of Gold membership), EmailCash may impose a penalty of up to 3,000 reward points.

Reward Partners
The offers are provided by suppliers. The member acknowledges that EmailCash acts as a referral agent only and is not responsible for the quality of goods and/or service purchased by the member. Any complaints or enquiries must be directed through the Verification System within one (1) week of the incident arising. Any false claims may lead to termination of your membership. Reward points will not be issued to a member in relation to a cancelled or unpaid order of goods or services from the supplier.

EmailCash is not responsible for rewards to the member when failure of any system such as a cookie-based referral tracking system results in EmailCash not being paid by the supplier for the referral of that member.

Referrals
200 points will be awarded where the member (the 'referrer') refers a new member (the 'referred') to join EmailCash, and the referred member earns 400 points. EmailCash reserves the right to debit those points from the referrer's account where the referred account is cancelled within three (3) months. Where a fraudulent referral is discovered, EmailCash reserves the right to cancel either or both the referrer or referred account and/or debit the appropriate reward points from the referrer's account.

7. EmailCash Gold Membership

Where a member upgrades their EmailCash membership to EmailCash Gold status, additional terms and conditions apply to their membership as follows:

• Gold members shall continue to be subject to all the normal terms, conditions and notices that apply to standard EmailCash members.
• Members can only request a refund of Gold membership upgrade fees within 14 days of the time their Gold membership upgrade is approved. No refunds will be made after 14 days.
• Bonus points will be calculated and credited to the Gold member's account on a monthly basis. Due to delays in processing and approval, some bonus points for a purchase may not be credited until the following month. EmailCash reserves the right to vary the bonus points rate at its sole discretion.
• Offers made to Gold members may be limited by time or numbers. EmailCash can not guarantee that all Gold offers will be available to all Gold members.
• Priority will be given to Gold members for invitation to EmailCash free or discount events, however EmailCash makes no guarantee as to the availability of places at the event or as to the frequency or number of events held.
• EmailCash Gold members will earn a bonus rate of interest on their eBank deposits. EmailCash reserves the right to vary the bonus interest rate at its sole discretion. A maximum total of deposits of 25,000 points applies for Gold members.
• EmailCash will send a renewal notification to a Gold member at least one month before their Gold membership expires. If a Gold member fails to renew their Gold membership before expiry, the member's Gold membership will revert to standard membership. If the member wishes to upgrade to Gold membership after lapse of the expiry date, the full joining fee will apply again.
• EmailCash reserves the right to cancel an individual's membership of EmailCash Gold, or revert their membership to standard membership at any time without notice. In either case, no refund will be given for any membership fees paid.

8. Disclaimer of Warranty

The member acknowledges that it has not relied upon or been induced by any representation by EmailCash and EmailCash makes no warranty or representation as to:

• the results that may be obtained through membership of the service;
• the accuracy, reliability or otherwise of any information obtained through membership of the service;
• the financial or other rewards which may be obtained through membership of the service;
• the service or network being uninterrupted, timely or error free;
• the goods and/or services purchased or obtained through the service or network, including goods and or services offered by third party advertisers, except where expressly indicated.

9. Limitation of Liability

The member releases EmailCash and its officers, employees, agents, subsidiaries and affiliates from any claim for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:

• any advertising emails forwarded to the member;
• membership of the service;
• the members use of or inability to use the EmailCash Network;
• the quality of goods and/or services purchased by the member;
• any dispute with a supplier of goods and/or services.

10. Indemnification

The member indemnifies and keeps indemnified EmailCash and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon the members use of the service or the network.

11. Termination

These Terms of Service are effective until terminated by EmailCash. EmailCash may terminate these Terms of Service at any time without notice.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia. The member submits to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

These Terms of Service should be read in conjunction with the EmailCash Privacy Policy.