The website http://wizzle.com.au/ and mobile apps of Wizzle (together the "Website") are owned and operated by Wizzle Pty Ltd (ACN 605 881 061) (referred as “Wizzle”, "we", "our", "us" or the "Company") of Unit 6/53 Township Drive, West Burleigh QLD 4223. The Company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.

These Terms and Conditions govern the supply of any services by us to you. By using the Website, you acknowledge that you have read and understood these terms and that you agree to be legally bound by them.

Account means the account that you register in order to use our services;

Agreement means these terms and conditions and other policies we posted on the Website;

Breach of Duty means the breach of any

1. obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
2. common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).

Business Day means any day other than a Saturday, Sunday, bank holiday or public holiday in New South Wales;

Customer means the individual who uses our services on the Website;

Eligible Transaction means a transaction made by a Customer that entitles you to a cashback payment.

GST means the Goods and Services Tax;

Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with the Agreement, including, without limitation, liability expressly provided for under the Agreement or arising by reason of the invalidity or unenforceability of any term of the Agreement;

Third Party Merchant means the third party provider on whose goods and/or services we offer a cashback payment; and

Before using any Service provided by us, you must be a resident of Australia, over 18 years old and possess a valid credit or debit card and register for an account on the Website. To register an account with us, you must follow the instructions and provide required information about yourself.

You undertake that all details you provide to us for the purpose of using our services will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities for you to use our Services.

You may only register one account per person and it must be used only by yourself. We reserve the right to terminate your account with us If we find that you are letting multiple people to use your account or you are manipulating multiple accounts. This includes customers that are using the same bank account or other payment account to receive cashback payments. We also reserve the right to refuse an account application.

During Registration, you will also need create a password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else's email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.

Wizzle and retailer with whom it has relationships may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you've made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)

When you complete an Eligible Transaction using Wizzle you will receive a cash rebate amount (cashback) from a retailer. Unless we notify you otherwise this will be $5 in every $100 you spend-excluding the GST, and any shipping, handling or delivery charges in respect of the purchase. All Eligible Transactions are recorded and reported back to Wizzle by the retailer.

Wizzle is not responsible for errors in Eligible Transaction tracking or any form of failed tracking. If Wizzle in its absolute discretion determines that there is an error in tracking an Eligible Transaction, Wizzle will seek to facilitate the recovery of the cash rebate amount from the relevant retailer, but the retailer’s decision will be absolute and final.

If an Eligible Transaction is reversed by a retailer, the cash rebate amount will not be paid to your account. Where a cash rebate has been paid and the cashback from the retailer is subsequently clawed back or reversed for any reason, Wizzle reserves the right, in its absolute discretion, to deduct the cash rebate amount from your account or otherwise require you to pay it back on demand

Wizzle reserves the right to take legal action and/or other legal remedies to recover any cash rebates that have been paid to you as a result of fraudulent or deceptive activity. Fraudulent and deceptive activity includes instances when a member makes a purchase at a Merchant via the Website without any intention to finalise the transaction (for example where a member purchases and then cancels a transaction in order to attain a cashback payment).

If an account is found to contain transactions gained as a result of fraudulent activity the account may be terminated without notice and any balance in the account will be forfeited to Wizzle and not paid out to you.

Rebate payments will be deposited into your Wizzle account in the month after you make a purchase which is an Eligible Transaction.

You must keep a $20 minimum balance in your Wizzle account at all times however you will be able to withdraw any amount over $20 from your Wizzle account on the last Wednesday of each month by EFT to a nominated bank account.

Wizzle will pass on credit card transaction fees charged in relation to the purchase of any Gift Cards using the Website. These charges will be debited from your account on a monthly basis.

eGift cards purchased via the website are supplied in accordance with the terms and conditions of the eGift card supplier. The card issuer is responsible for the fulfilment of the terms and conditions of the eGift Card. eGift Cards are valid for 12 months from the date of issue and are redeemable at participating stores only. For a list of participating stores and full terms and conditions visit the card supplier’s website

In respect of eGift Card Purchases

Wizzle reserves the right to not honour suspicious fraudulent transactions

No refunds for change of mind

Not reloadable or redeemable for cash

The Site and our Services are for your non-commercial, personal use only and not for business purposes. You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

Any purchases made by you after logging into Wizzle are purchases from the relevant retailer and not a purchase from Wizzle. This means that your contract of sale is with another company or entity. The Seller is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Seller.

Wizzle makes no representation to the accuracy, completeness, adequacy or currency of any information relating to financial products appearing on the Website, nor does Wizzle guarantee the performance or adequacy of any financial product that may appear on the Website. While the information on the Website is believed to be accurate, we are not responsible, and do not accept liability, for any inaccuracy of content on the Website or any actions taken upon reliance of the information on the Website.

To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

errors, mistakes or inaccuracies on the Website or our social media pages;

you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;

personal injury or property damage of any nature resulting from your access to or use of the Website;

any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

any interruption or cessation of transmission to or from the Website;

any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or

the quality of any product or service of any linked sites.

We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.

Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any Liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

Entire agreement: This Agreement contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. However, the service and Products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.

Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.

Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.

Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.

Third party rights: All provisions of this Agreement apply equally to and are for the benefit of Wizzle, its subsidiaries, any holding companies of Wizzle, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).

Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales.

Our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy https://www.wizzle.com.au/privacy-Policy.

Last updated 13 May 2016