Terms of Use

Rebately Terms of Use

Rebately’s products and services (including this website and the services delivered via it) are owned and operated by Rebately Pty Ltd (ABN 72 658 015 313).

In these Terms of Use “Rebately”, “we”, “us”, and “our” means Rebately Pty Ltd and its related bodies corporate.

These Terms of Use together with the Privacy Policy, and any other terms notified by us to you from time to time, regulate the use of this website and the Rebately services.

These Terms of Use may be amended by us from time to time. We will use reasonable efforts to ensure that changes to these Terms of Use are notified to you (with notice on this website being sufficient) not less than 30 days before they are proposed to take effect. Your continued use of this website and/or our services following the date such changes take effect will be deemed acceptance of such changes. If you do not agree to these Terms of Use, or to any change to these Terms of Use, your sole recourse is to cease using this website and the Rebately services.

1. About Rebately

Rebately is a service enabling participating local councils to offer and process rebates to natural persons residing at a household located within the relevant local council area.

2. Permitted Users

Users of the Rebately service must either be:

(a) an authorised employee or contractor of a Registered Council (“Council Users”); or

(b) a natural person residing at a household located in the relevant local council area of a Registered Council (“Resident Users”).

Council Users and Resident Users may collectively be referred to as “Users”.

3. Use by Resident Users

Resident Users do not need to create an account in Rebately in order to use our services. We will collect the personal information of Resident Users in connection with their use of our services and such personal information will be dealt with in accordance with our Privacy Policy.

Resident Users warrant that all information they provide to Rebately in connection with their use of the Rebately service and each Rebate Claim is truthful and factually accurate, and not misleading or deceptive in any way. Resident Users warrant that they are resident in the local council area of the Resident Council they may Rebate Claims from and will cease to make claims from a Resident Council if they are no longer resident in the relevant local council area.

4. Grant of Rights to Resident Users

Subject to the Resident User’s ongoing compliance with these Terms of Use Rebately grants the Resident User the revocable, non-exclusive, non-transferable, non-sublicenseable right to access and use the Rebately service via the website for its own personal, non-commercial purposes.

5. Registration of Councils

In order to use the Rebately service an authorised representative of a local council who has authority to enter into contracts on behalf of the local council must review and agree to these Terms of Use and provide Rebately with all information that Rebately requests in relation to the Registered Council and each rebate it intends to offer via the Rebately service.

Registered Councils agree that Rebately may substitute or supplement these Terms of Use with a separate written agreement between Rebately and the Registered Council from time to time.

6. Grant of Rights to Registered Councils and Council Users

Subject to the Registered Council’s and each Council User’s ongoing compliance with these Terms of Use (and any other terms notified to the Registered Council from time to time) and the payment of all relevant Fees Rebately grants the Registered Council and each Council User the revocable, non-exclusive, non-transferable, non-sublicense able right to access and use the Rebately service solely for the purpose of offering and processing rebates to and for Resident Users..

Registered Councils and Council Users must keep their login details confidential and secure. Registered Councils acknowledge and agree that they are responsible for all acts and omissions of all Council Users and any other persons who gain access to the Rebately service via the Registered Council.

Resident Councils acknowledge and agree that they are ultimately responsible for all determinations in respect of Rebate Claims, and Rebately will not have any liability to a Resident Council in respect of any erroneous, fraudulent, or otherwise invalid Rebate Claims.

7. Payment of Fees

Registered Councils’ access to certain services may require the payment of Council Membership Fees and/or Transaction Fees (the “Fees”). Details of Fees will be provided in writing by Rebately, and may be updated by Rebately in its discretion from time to time. All fees are stated in AU dollars. Changes to fees from time to time will be provided on the website or emailed to Registered Councils. If a Registered Council does not agree to pay any updated Fees the Registered Council may terminate its membership or access to the relevant service prior to the new Fees coming into effect, and such termination will constitute the Registered Council’s sole recourse. Continued use of the Rebately service following the update of any Fees will be deemed acceptance of the updated fees.

All transactions resulting in a payment of a Rebate Claim will incur a transaction fee payable to Rebately, as notified by Rebately from time to time. The transaction fee applies to all Registered Councils using the Rebately Platform.

To the extent permitted by law, all Council Membership Fees paid to Rebately are non-refundable.

8. Rebate Claims and Processes

Resident Users may use the rebate identification functionality available via the Rebately website to determine whether any rebates are currently available for that Resident User.

If the Resident User believes they are eligible for a rebate they must complete the relevant Rebate Claim form on the Rebately website and must include all information requested in connection with the rebate (including proof of purchase of third party products, where required) (each a “Rebate Claim”).

Once lodged, Rebate Claims are forwarded to the relevant Registered Council for review and approval.

Registered Councils will use reasonable efforts to review Rebate Claims within 5 business days of receipt, however Rebately does not warrant that all rebate claims will be reviewed by Registered Councils within any specific timeframe.

If a Rebate Claim is approved by the Registered Council the Resident User will be paid the rebate in the next batch of rebate payments processed by Rebately. Rebately will use reasonable efforts to ensure that rebates are processed every 5 business days,

If a Rebate Claim is rejected by a Registered Council the Resident User will be notified and will be provided with a reason for the rejection of the claim where reasonably practicable.

Rebate Claims are subject to any additional terms and conditions in respect of the relevant Rebate Claim made available to Resident Users on the Rebately website or the relevant Registered Council website.

Rebate claims may only be lodged via the Rebately website located at rebately.co.

Registered Users agree to be contacted by Rebately at any time within 12 months of making a Rebate Claim for the purposes of user surveys.

9. General Terms of Use

Each User is responsible for its use of the website and the Rebately services. Rebately will not be responsible for any material posted, uploaded, communicated, submitted, displayed, downloaded or transmitted by any User, a Registered Council, or third party ("Material") via the website or the Rebately Service. Material may include but is not limited to any information including text, graphics, images, sounds and software.

Rebately may not monitor or control Material and does not take responsibility for such Material. Any use of Material is at your own risk. Rebately does not in any way endorse, guarantee or support the truthfulness, reliability, honesty, accuracy or lawfulness of any Material. Rebately will not be liable for any loss or damage in any way arising from or in connection with any Material, including misleading, deceptive, offensive, defamatory, or unlawful Material.

10. Prohibited Use

In using the website, each User agrees that it will not cause, allow or permit, any Material to be posted, uploaded, communicated, submitted, displayed, downloaded or transmitted which:

(a) is misleading, deceptive, offensive, threatening, harassing, libellous or defamatory;

(b) infringes a party’s privacy, confidentiality or intellectual property rights, including but not limited to trade mark, copyright and patent rights, or is in breach of the Privacy Policy;

(d) is in breach or violation of, or permits, enables or allows a breach or violation of, applicable laws, including statute, common law and applicable rules and regulations;

(e) Rebately in its sole and absolute discretion deems to be offensive, obscene, inappropriate, or otherwise unacceptable to Rebately;

(f) is or permits, enables or allows Spam;

(g) intentionally or unintentionally contains, viruses, malware, spyware or other software, code or data which may cause harm, or may affect the security or proper operation of the website, software, the privacy of members, users or other persons; or

(h) causes or may cause Rebately to become liable or potentially liable for any claim for loss or damage or to suffer loss or damage.

11. No Spam or other Unsolicited Messaging

In using the website each User agrees that it will not do, cause, allow or permit the following:

(a) sending spam;

(b) sending emails to non-specific addresses;

(d) failing to promptly comply with any request from an email recipient to be removed from your email list;

(e) disguising that an email came from the User;

(f) disguising the subject matter of an email;

(g) sending "chain letters", "pyramid schemes", "junk mail", unsolicited or unauthorised advertising, promotional materials, or similar;

(h) harvesting email addresses; or

(i) sending emails containing viruses, malware, spyware or other software, code or data which may cause harm, or may affect the security or proper operation of the website, software, the privacy of members, users or other persons.

Each User, and each Registered Council, agrees that Rebately may remove, block or delete Material which Rebately, in its absolute discretion, believes to be of a nature described in clauses 10 or 11 above.

12. Rebately’s right to Terminate or Suspend Access

Rebately may suspend or terminate, immediately and without prior notice, access to and use of the website and the Rebately service for any User or Registered Council if Rebately reasonably believes that the User or Registered Council has infringed any of these Terms of Use.

13. Release of Rebately

Each User and each Registered Council acknowledges and agrees that the Rebately service merely facilitates transactions between Resident Users and Registered Councils. Accordingly, Rebately shall not be liable for any transaction, financial or otherwise, communication or interaction by or between:

(a) Resident Users and Registered Councils;

(b) participating Councils and third parties; or

including loss or damage arising therefrom. Rebately is not obliged to become involved in any dispute arising from or in connection with any such transaction, communication or interaction. Each User and each Registered Council agrees to release and indemnify Rebately from any claims, damages and demands of every kind, potential and actual, arising out of or in any way related to such transactions, communications or interactions and disputes.

14. Intellectual Property

Unless otherwise indicated, Rebately owns, or licences from third parties, all rights in and to the website and the Rebately services.

Use of the website and Rebately services by Users and Registered Councils does not grant Users or Registered Councils any rights to use or exploit the website or the Rebately services other than as expressly permitted under these Terms of Use and all other rights are expressly reserved to Rebately or its third party licensors (as applicable).

You retain your rights to any Material posted, uploaded, communicated, submitted, displayed, downloaded or transmitted by you. You grant Rebately a worldwide, non-exclusive, royalty-free license (with the right to sub license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed).

You warrant that you have the all of the rights, power and authority to grant the licence referred to in the paragraph above.

All right, title and interest, including intellectual property rights, in the website and software, excluding any Material, remains the property of Rebately, its assigns, and licensors. Rebately grants to you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and website in accordance with these Terms and Conditions, the Privacy Policy and any directions given by Rebately on the website or otherwise.

Rebately in its sole and absolute discretion, reserves the right to remove work or material alleged to be infringing without prior notice. Rebately may also terminate, without prior notice, any membership where the participating Council has infringed copyright or intellectual property rights.

15. Links and Third Party Websites

Rebately does not endorse third party websites or other resources, linked to the website or software, or the content, products, or services available from such websites or other resources. Rebately is not responsible or liable for the use of such third party websites or other resources.

In addition to the Material, the Website provides links to and from other Internet sites. These external information sources are outside the control of Rebately and it is therefore the responsibility of the Internet users to make their own decisions about the accuracy, reliability and correctness of information found on those external Internet links. Further, the inclusion or exclusion of a link to other Internet sites should not be interpreted as a sponsorship, endorsement or criticism of the provider or content of that Internet site by Rebately.

16. Warranties

This website and the Rebately services are evolving and Rebately intends to develop and incorporate changes to the website and Rebately services from time to time. The website and Rebately services are provided on an "as is" and “as-delivered” basis and, other than to the extent that such representations or warranties cannot be excluded by law, no representation or warranties are made by Rebately in respect of the use of the website or Rebately services, including that the website or Rebately services will: (a) be free from viruses or harmful components; (b) be free from errors or defects or that errors and defects will be rectified; (c) operate timely, or without disruption; (d) be suitable for any purpose for which you may use the website or software; (e) operate in combination with any other software, hardware, information or data; (f) operate securely; or (g) not result in the loss of user, member or third party data or Material.

The internet is not a secure medium and communications to and from the Website may be intercepted or altered in transit. Rebately does not warrant or represent that this Website or any linked sites, are free from anything which may damage any computer used to access the site such as viruses or malicious code.

Rebately will not be liable for any harm to your computer, loss of data in connection with or arising from the use of the website and software.

17. Support

Rebately provides support for Registered Councils and Users in respect of the website and Rebately services via email. Rebately does not provide support in connection with the operation of the website or Rebately services in combination with any other software, hardware, information or data.

Each User is responsible for safeguarding its password and any other information or data necessary for you to effectively use of the website or services.

18. Indemnity

Each User and each Registered Council agrees to release and indemnify Rebately from any claims, damages and demands of every kind, potential and actual, arising out of or in any way related to any breach by the User or Registered Council of these Terms of Use and the Privacy Policy.

19. Limitation of Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall Rebately be liable for any direct or indirect loss, damage or expense, loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, loss of business, or any other loss not arising naturally from the relevant breach – irrespective of the manner in which it occurs – which may be suffered due to a the use of this website or the Rebately services, or as a result of the inaccessibility of this website or the Rebately services and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

If a User or Registered Council is not satisfied with the Rebately services or the terms of this Agreement, the User or Registered Council’s sole recourse is to cease using the Rebately services.

Notwithstanding the terms of this Clause 19, and subject to the paragraphs of Clause 19 further below, to the extent that Rebately has any liability to User or Registered Council, Rebately’s total aggregate liability to that User or Registered Council will be limited to the total amount of Fees actually paid to Rebately by the User or Registered Council under this Agreement.

To the extent that Rebately is in breach of any statutory warranty or guarantee that cannot be excluded by law the sole remedy of the User or Registered Council will be (at Rebately’s sole discretion):

(a) the resupply of the Rebately services to the User or Registered Council; or

(b) the payment of the cost of having the services supplied to the User or Registered Council again.

Notwithstanding anything else set out in this Agreement each User and Registered Council agrees that in the event of any loss or corruption of any data held by Rebately, Rebately’s sole liability to the User or Registered Council will be limited to using reasonable efforts to try to recover that data from Rebately’s available backups.

20. General

These Terms of Use and the Privacy Policy and any other terms of use expressly notified to a User or Registered Council by Rebately from time to time supersede all prior agreements, representations (whether written or oral), and understandings and constitute the entire agreement between the User and Rebately, or the Registered Council and Rebately, as applicable.

Users and Registered Councils must not assign or transfer any of their rights under these Terms of Use without Rebately’s prior written consent.

If any part of these Terms of Use is invalid, unenforceable, or in conflict with any law, that part or provision is excised from these Terms of Use and the remainder of these Terms of Use are unaffected.

For the avoidance of any doubt Rebately, does not endorse, is not a party to, and will not be in any way responsible for, any donations or any other transactions between users of the website or software, members or third parties.

These Terms of Use and any action in connection with or in relation thereto will be governed by the law in force in New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales. All claims, legal proceedings or litigation arising in connection with the use of the website or software will be brought solely in New South Wales and you consent to the jurisdiction of such courts.