Operating Agreement for Rbate Maker Accounts
This document describes the rights and responsibilities of an operator of an Rbate Maker Account, and the conditions under which such accounts operate.
This is an agreement between Rbate Pty. Ltd. ("Rbate"), and the entity or entities that control the operation of an Rbate Maker Account ("you"). The agreement comes into force for a particular Maker Account once a request to create such an account has been sent to Rbate, if for that request an indication has been made that you agree to abide by this agreement for account operation.
It is your responsibility to prevent unauthorized use of your account by logging-out after use in insecure environments, and by always using an account password that is difficult to guess. This includes avoiding the use of passwords that correspond to, or are simply derived from, significant publicly-available information about either the account operators or the company or organization associated with the account. You must only divulge your account password to those authorized to operate the account, and must take steps to avoid entering the password is situations where it possible for the unencrypted password to be intercepted. You warrant that you are liable for any losses you sustain if you do not operate your account in these ways.
When a rebate claim is made with a Rbate claim code that has been purchased or otherwise made available through your Rbate account, where that claim code has not been guessed by the claimer, nor fraudulently used through contributory negligence on your behalf (including failing to promptly provide Rbate with either the set of claim codes or the range of label identification numbers for claim codes that have been improperly revealed or improperly removed from your control), and where the expiry date specified for the claim code order associated with that claim code is the date of the claim or a later date, you warrant that you become liable at the time the claim is completed for the value, as calculated by Rbate at the time of claim, of the rebate that had been specified as the consumer rebate amount and currency for that claim code order.
Further, if at the time a claim is made with a code from said codes your account has been used to specify a helper bonus for the product or service associated with that claim code, and that bonus has been set to expire on the date the claim was made, or on a later date, then you also warrant that you are liable at the time the claim is completed for the value, calculated at the time of claim, of that fraction of the helper bonus, as calculated by Rbate, that relates to services that certain providers of consumer purchasing help (Helpers) have supplied to you through Rbate's brokerage.
You also warrant that you are liable for the value at the time of a rebate claim for any Rbate fees for the services you have been provided relating to that claim. The schedule of Rbate fees at any moment can be found at URL http://rbate.com/makers/faqs#fees.
For the purposes of Australian Goods and Services Tax (GST), the services provided to you by Rbate are located in Australia. You agree that it is your responsibility to accurately determine whether you are liable to pay GST for Rbate's services, and, if so, to (1), indicate this fact in the ABN section of your Rbate account profile, and (2), to enter into and maintain on your account profile the Australian Business Number of your business.
Payments you make to purchase Rbate claim codes are non-refundable once Rbate has either made the said claim code order available for download, or when Rbate indicates that rebate labels holding those claim codes are being printed. Defective codes or labels will be replaced without charge, or a refund provided for the cost of the defective portion of a code order. The choice of replacement or refund will be at Rbate's discretion.
If at the time of a rebate claim your Rbate account balance, in the currencies in which the rebate, helper bonus, and Rbate fees are denominated, or after Rbate has made a currency conversion, is insufficient to cover the liabilities described in Articles 3, 4, 5, 6, and 7, Rbate reserves the right to (1), refuse to process that claim, and to deny payment to both rebate claimers and Helpers, (2), use any information you provide during the operation of your account to identify you to these and other parties of Rbate's choosing as being in breach of your responsibilities under this agreement, (3), to charge any fee that has been listed for such a breach, (4), to place restrictions on the operation of your account, or (5), to refund your account balances, less payment fees, and to close your account. Rbate will help you avoid inadvertent payment delinquency by offering to send you an email when your account balances drop below thresholds you nominate. Rbate cannot however guarantee that you will receive such an email.
Funds deposited in your account, other than the liabilities described in Articles 2, 3, 4, 5, 6, 7, and 8 above, are held in trust by Rbate, and remain your property. If you request that some or all of these funds be withdrawn to an account of your choosing, Rbate will initiate such a transfer within seven days. If Rbate charges fees for such a withdrawal they will be described at http://rbate.com/makers/faqs#fees at the time the withdrawal is made, and will be first deducted from your existing account funds. Rbate reserves the right to not proceed with a withdrawal if the total withdrawal fees exceed the value (after any required currency conversion) of funds in your account.
For any Rbate claim code you distribute in a territory, with which code the brand name of a product or service has been associated, whether through instructions that Rbate print this brand name or its associated logo on a Rbate claim label, or through other means, you warrant that you either own the rights to the commercial use this brand name in that territory, or that you have the permission of the owners of that brand name in that territory to offer rebates associated with that brand name. You agree to be liable for any tort suffered by brand owners resulting from an association between any brand name and either Rbate or an Rbate claim code ordered through your account.
You agree to allow Rbate to provide to government authorities information on the operation of your account to the extent that allows Rbate to fulfil its regulatory requirements, including those relating to the detection and tracking of criminal activity.
If you have chosen to list products in Rbate.com's product search engine, you licence Rbate to transmit your listings to users of that search engine, and to allow such users to retain this information for their private use. You also licence Rbate to display information about your bonus offers to registered Rbate Helpers, including information about your products that can assist these Helpers assess your offers.
With the exception of the circumstances described in Articles 8, 11, and 12, Rbate agrees to not disclose to third-parties any identifying information you provide to Rbate during the creation and operation of your account.
You agree to only register a product with Rbate that can be legally sold in the entire distribution territory that you have accurately nominated for that product. As well, you agree that the text and images you provide for Rbate to display as search results on Rbate's product search engine, plus the content of any product information Web page for which you provide the URL, will at all times be able to be legally published in the state of New South Wales, Australia.
You agree not to hold Rbate liable for damages that may result from loss of access to either the Rbate service or your Rbate Maker account, nor from any loss or corruption of data held in the account, with the exception of account balances.
Results returned by Rbate's product and buying help search engines contain or involve material, links to material, and products and services, that Rbate did not create and does not control. Rbate cannot vouch for the quality or suitability of such material, products, or services, and search results are provided to you "as is". You agree not to hold Rbate liable for any damages that result from your use of, or lack of access to, such material, products, or services. Some material may not be suitable for viewing by minors, and you acknowledge that it is your responsibility to take reasonable steps to prevent minors in your care from viewing this material.
Other than data entered by users of the Rbate.com site, all data and their presentation, including all statistical data, are owned by and are copyrighted by Rbate Pty. Ltd. Both Rbate and the other owners of Rbate.com data licence you to use standard Web browser software to both request this data and to view, in unframed form, the data that Rbate returns, and to retain copies of that data for your own private personal or business use. All other rights are reserved.
You acknowledge that Rbate is not a bank, and that your Rbate account balances are not protected by government guarantee.
If Rbate wishes to alter this agreement or Rbate's fee schedule we will email you at least seven days prior to the date on which the changes will come into effect, informing you of both this date and the changes being made. You accept that the new agreement or fees will apply to any activity on your account, including activity resulting from consumer rebate claims, that occurs on or subsequent to this date.
You agree that Rbate may terminate this agreement at any time, refunding your account balances and closing your Rbate Maker account.
Times and days described in this agreement and on the Rbate.com website relate to Universal Coordinated Time.
Unless otherwise indicated, all monetary amounts are denominated in United States Dollars.
November 25, 2009