The Kickback Club Terms of Service

  1. BINDING EFFECT. This is a binding agreement between you and The Kickback Club. By using the Internet site located at kickbackclub.ca, you agree to abide by these Terms of Use. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of it.
  2. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.
  3. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of Ontario and Canada without reference to rules regarding conflicts of law. This Site is intended for use by individuals based in Canada.
  4. MINIMUM AGE. You must be at least 18 years old to access and participate on this site. You guarantee and warrant you are at least 18 years old and are able to enter into this Agreement from a legal perspective.
  5. Cashback – Kickback We offer the ability for Members to earn cashback (“Kickback”) on their purchases completed through The Kickback Club website. The Kickback Club receives commissions for referring buyers to the retailers, merchants and other businesses participating in this Program. The Kickback Club gives a portion of this commission to its members as cashback (“Kickback”). Compensation received by The Kickback Club may play a part in whether retailers and products appear on this site, where they are placed, and how we promote them to you. Participation in this Program and the opportunity to earn Cashback are offered at the discretion of The Kickback Club and subject to your compliance with this Agreement.

5(a) Online Cashback-Kickback In order to earn cashback online, you must register for an Account on The Kickback Club web site, be signed in to The Kickback Club web site, use the shopping links within The Kickback Club web site, and complete your purchase transaction during the same shopping session you started after clicking on the shopping link.   If you download an offered application from the web site you visited through our site and use that application to make the purchase you will not receive cashback.  If you visit other sites before completing your purchase or use coupons not provided by The Kickback Club, your purchase might be associated with a service other than The Kickback Club’s and you might not earn cashback on your purchase. If you disable “cookies” on your computer, you will not be able to earn cashback because cookies are used to authenticate the user and verify whose Member Account is eligible for the cashback.

5(b) Cashback 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 Cashback. Cashback amounts vary by store and product category and may contain exclusions in the terms of the offer and/or the applicable store page. Please review these terms carefully.

5(c) Compensation (cashback) – your cashback from The Kickback Club will be paid on a bi-annual basis. You must register for or connect an existing PayPal account with the link that we provide to you when you register on The Kickback Club web site. The Cashback you compile will be paid to your PayPal account. The Cashback payment will be on July 1st and January 1st of every year.  Regular cashback will only be paid to the registered user once their Kickback Club account has reached a minimum of $20.00.   Any bonus(s) or credit that The Kickback Club has granted you for registering / signing up for an account on The Kickback Club website will only be paid once your Kickback Club website cashback account has reached a minimum of $50.00.  If you refer another user to the Kickback Club website VIA our refer a friend program any credit or bonus will only be paid once the person that has been referred to the Kickback Club website has created an account and has accumulated a minimum of $50.00 in their Kickback Club website account.  

5(d) Members will be credited, subject to the terms and conditions listed in this Agreement, either a percentage of the net purchases or a fixed dollar amount made at one of the online merchants affiliated with kickbackclub.ca. The percentage or fixed dollar amount will be clearly listed on Kickbackclub.ca website as it relates to each Affiliated Merchant. The net purchase is defined as the total purchase amount, net of taxes, gift wrapping, shipping and handling, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Merchant defines in their terms and conditions or Affiliate Membership agreement, whichever is less.

As a registered member, all purchases made through Kickbackclub.ca Affiliated Merchants are deemed to be qualified purchases and will be subject to earn cashback only if all of the following conditions are followed:

  1. Cookies, both from Kickbackclub.ca and third parties (if applicable), must be enabled on your browser.
  2. All Qualified Purchases must commence by visiting Kickbackclub.ca, clicking on the Affiliated Merchant’s link that appears on the Website and connecting to the Affiliated Merchant’s website.
  3. Kickbackclub.ca will at all times route your request to a merchant site through unique links, ensuring your sale will track correctly. Any modification to these links will invalidate your sale and it will not be deemed a Qualified Purchase.
  4. All transactions must commence and be completed in one session on Kickbackclub.ca.
  5. Members must only use coupons found on Kickbackclub.ca.
  6. If a purchase is returned, the initial purchase will be invalidated and will not be deemed a qualified purchase.
  7. The sole determination of whether a purchase made through a Kickbackclub.ca Affiliated Merchant is a Qualified purchases at the sole discretion of Kickbackclub.ca.

Cashback awarded to members are subject to adjustments for returns, cancellations, merchant bankruptcy, merchant withholding commission and other events. Any adjustment can be applied to a Member account at any time by Kickbackclub.ca at its sole discretion. If you disagree with any adjustment made to your account, your sole remedy is to withdraw from the Program.

You may be taxed on your accrual of Cashback, depending on the amount of Cashback you accrue and the tax laws of federal and provincial jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual and receipt of Cashback.

A few Affiliated Merchants place restrictions on purchases that are ineligible for accrual or payment of Cashback. Please refer to the “Detail” section of each Merchant to determine ineligible purchases.

It is your responsibility to visit Kickbackclub.ca and check your account regularly to ensure that all Cashback has properly been credited. If you believe that a Cashback has been accrued incorrectly or not accrued to your account you must wait at least seven (7) days but no more than one hundred (100) days after completing a qualified purchase to contact Customer Service at custserv@kickbackclub.ca. Furthermore, all Cashback earned by members are subject to review. Necessary adjustments may be applied to member accounts at any time by Kickbackclub.ca at its sole discretion. If you do not agree to adjustments made to your account, your sole remedy is to withdraw from the Program.

Kickbackclub.ca is not responsible for any changes to Affiliated Merchant participation. This includes but is not limited to, modification of the current offerings, canceling special offers, changing the definition of net purchase and withdrawal from the Program. It is the member’s responsibility to make sure that all specials are valid before completing their purchase. If you choose to use coupons and specials that are not provided on the Kickbackclub.ca site, you will be not be eligible to receive a cashback on your purchases.

  1. EMAIL COMMUNICATIONS. When you contact us, you expressly consent and agree to receive email responses from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other site documentation.
  2. USER CONTENT. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content “User Content” to the site, you are granting The Kickback Club, its affiliates, officers, directors, employees, consultants, agents, and representatives a permanent, non-exclusive license to use User Content in connection with the operation of the Internet businesses of The Kickback Club , its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that The Kickback Club may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
  3. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing The Kickback Club site, you agree to respect the intellectual property rights of others. Your use of the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content collectively, in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
  4. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users. The Kickback Club reserves the right to terminate your receipt, transmission, or other distribution of any such material using the site, and, if applicable, to delete any such material from its servers. The Kickback Club intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
  5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing The Kickback Club Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content collectively, in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
  6. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABLE OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE KICKBACK CLUB SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
  7. AFFILIATED SITES. We have no control over and no liability for any third party websites or materials. We work with a number of partners whose Internet sites may be linked with The Kickback Club Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of The Kickback Club Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
  8. PROHIBITED USES. We impose certain restrictions on your permissible use of The Kickback Club Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, \”flooding,\” \”spamming,\” \”mail bombing,\” \”crashing\” or instituting a \”DDOS\” attack on the Site; (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, de-compile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
  9. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless The Kickback Club its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  1. COPYRIGHT. All contents of Site or Service are: Copyright © 2019 The Kickback Club
  1. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  2. NO LICENSE. Nothing contained on The Kickback Club Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

Should The Kickback Club seek to make such an amendment, which we determine is material in our sole discretion, we shall:

Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.

  1. AMENDMENTS. Company reserves the right to amend these terms at any time.
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