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Cashback Terms and Conditions

This policy is effective as of 1 January 2009.

  1. The Cashback Programme ("Cashback Programme") is an online service provided by Orange Orbit Pte Ltd ("Us/We/Our/tourlegends"), whose registered office address is at 20 Maxwell Road, #09-07 Maxwell House, Singapore 069113.
  2. The Cashback Programme enables providers of goods and services ("Participating Retailers") to promote and offer their goods and services for sale online to you in the tourlegends Tour Shop in conjunction with certain rewards ("Cashback Rewards").
  3. Participating Retailer Goods/Services are available online as part of the Cashback Programme through www.tourlegends.com. Your use of the tourlegends website is governed by the Terms of Use and the Privacy Statement. These Cashback Terms and conditions only apply to those users of the website who participate in the Cashback Programme. In case of conflict between the Site Terms of Use, Privacy Policy and theses Cashback Terms and Conditions, the latter apply.
  4. The Cashback Programme involves the payment of commission to Us by Participating Retailers in respect of your Approved Transactions for which we credit you with Cashback Rewards as reflected on your Cashback Statement.
  5. "Approved Transactions" are only those that are tracked transactions between you and Participating Retailers concluded via www.tourlegends.com ; and made in accordance with these Terms and Conditions, the terms of any Participating Retailer's promotion and any other terms and conditions applicable to the use of the tourlegends website; and confirmed by the Participating Retailers as no longer capable of being cancelled by, credited to and/or refunded to you, whether in whole or in part.
  6. Without in any way limiting what may not qualify as Approved Transactions, and by way of illustration only, the following shall specifically not qualify as Approved Transactions: transactions made when you have more than one Cashback registration concurrently in existence; transactions in respect of which you have not initiated transaction tracking (for example by turning off your cookies transactions in respect of which the data necessary to enable Cashback Rewards to be credited to your Cashback Statement has been corrupted, damaged or lost;(for which we accept no responsibility) transactions, which are or which We reasonably believe are conducted by you with a purpose which is unethical and/or intended to obtain Cashback Rewards dishonestly and/or in a manner contrary to the spirit or letter of these Terms and Conditions.
  7. You understand that your contractual relationship is with Us, your personal data will be controlled and processed by Us as well as Participating Retailers necessary for the purposes of performing Our obligations to you under the Cashback Programme shall be shared by Us with Partner Services through which you participate whilst you are a participant in the Cashback Programme.
  8. To enjoy the Cashback Programme, you must register through www.tourlegends.com under your proper legal identity and select your default currency. You will NOT register with the Cashback Programme under any identity more than once without first terminating your current registration and you will not concurrently hold more than one registration with the Cashback Programme under any identity.
  9. We shall be entitled to amend these Terms and Conditions from time to time, and shall notify you of any changes, following which your continued use of the Cashback Programme shall be subject to these Terms and Conditions as amended.
  10. You are only eligible to join and continue to take part in the Cashback Programme if you are over 18 years of age, or the relevant age of majority, and maintain with Us a valid and subsisting email address. You warrant to Us that whilst a participant in the Cashback Programme all of the information you provide in connection with it shall be at all times true and correct to the best of your information, knowledge and belief and that you shall without delay correct any information which was, or has become, misleading..
  11. When you complete an Approved Transaction, resulting in the payment of commission to Us by Participating Retailers then you will be entitled to Cashback Rewards in accordance with the terms of the Participating Retailer's promotion.
  12. Unless otherwise specifically stated, You should assume that the calculation of cashback excludes postage and delivery costs and any sales tax element of a sale.
  13. Cashback Rewards shall be owned by Us and reflected in your Cashback Statement. Cashback Rewards are automatically transferred by you to your default sports club in an account 'Default Club Kitty' created for your default club when the club official validly registers your club for cashback. You are responsible for changing your default club in your account settings. If no Default Club is selected, then the first Club you joined on tourlegends will be deemed your Default Club. Each club may have up to 9 Kitties, at any one time, including one 'Club Default Kitty' which is usually the first created Club Kitty. If more than one Kitty is available for your default club, you must select your preferred Kitty 'Default Club Kitty' in your account settings, otherwise the Cashback Rewards are credited to your Club's Default Kitty. Only Cashback Rewards obtained from Approved Transactions shall be credited to your Default Club Kitty. You accept We are unable to process requests to transfer Cashback Rewards from one Club Kitty to another even within the same Club.
  14. You accept if your Default Club does not have an activated Kitty, any Transactions you make will not be Approved Transactions and no Cashback Rewards shall be due to You, your Default Club or any other Clubs you are associated with.
  15. Should your Approved Transaction be completed in a currency other than your Default Currency, then We will convert the Cashback Rewards at the prevailing tourlegends exchange rate as it applies on the date the Cashback Rewards are reflected in your Cashback Statement. The exchange rate shall be that prevailing in the market for normal consumer transactions, and shall be determined in our sole discretion.
  16. We will use reasonable endeavors to ensure advertised Cashback Rewards are correct. We are not responsible for incorrectly advertised Cashback Rewards. In no event shall you be entitled to receive more than 75% of the commission paid to Us by the Participating Retailer.
  17. Your failure to correctly follow any required instructions or conditions may result in no Cashback Rewards being credited to your account for which you will have no recourse against Us or Participating Retailers.
  18. You accept that in some cases there may be a delay or failure to credit Cashback Rewards to your Account due to a Participating Retailer's failure to provide information to Us. Whilst We shall use reasonable endeavors to recover Cashback Rewards for non-tracked transactions We shall have no responsibility or liability howsoever caused or arising for such delay or failure.
  19. Whilst many Participating Retailers report cashback credits within a few days of an Approved Transaction being completed, some do not report them to Us until their returns period has expired. In the event that you completed an Approved Transaction in full compliance with all associated conditions and the Cashback Reward is not pending as a credit on your Cashback Statement then in order to resolve it your only option is to open a 'missing transaction' support ticket on Our website as a result of which We will then attempt to make recovery from the Participating Retailer. However, We make no warranty or representation and offer no assurance or guarantee that the Cashback Reward will be credited to your Cashback Statement as a result. We will not accept support tickets on transactions until they have aged a minimum of 45 days and no older than 90 days.
  20. You are not entitled to a Cashback Reward in respect of Approved Transactions for which We do not receive the whole of the commission due from the Participating Retailer.
  21. Where We have paid money to your Club's PayPal account in respect of Cashback Rewards that are subsequently reversed or cancelled by a Participating Retailer for whatever reason, We reserve the right to debit the value of that transaction from any Kitty associated with your Club.
  22. You are required to use the Cashback Programme in an ethical manner and should accounts be used to purposefully defraud or inflate cashback earnings with Participating Retailers then duplicate transactions will be removed and/or your account subject to termination. In appropriate cases, we may refer any suspect transactions to the appropriate authorities. We would take this opportunity to remind you that money laundering is an offence.
  23. We are responsible for keeping your Cashback Statement accurate and up-to-date in accordance with these Terms and Conditions. We may adjust the balance of your Cashback Statement in respect of non-payment from Participating Retailers, refunds or returned products, suspected or actual dishonesty, and/or mistakes, including but not limited to, accounting errors for which we accept no responsibility. You understand that running a Cashback Programme can be technically complex, and that in the course of so doing information may be withheld, provided or received in good faith by any of the participants in it, which may lead to the balance of your Cashback Statement being inaccurate from time to time. You and We will use reasonable endeavors to deal with and rectify Cashback Statement inaccuracies, and you agree that We shall have no liability to you or any third party in respect such acts, errors or omissions, including Our inability to rectify them to your satisfaction.
  24. You shall contact Us only and shall not directly contact Participating Retailers or Partner Services in connection with any aspect of the Cashback Programme, whether for the purposes of raising a query, seeking further information or making a complaint/claim.
  25. You acknowledge that The Club Officials for the Clubs to whose Kitties you have contributed your Cashback, may cash-out the balance in any of the Club's Kitties at their sole discretion subject to club rules and subject to the minimum and maximum cash-out redemption levels as set by Us. These thresholds vary by currency and are as follows:

    Currency Cash-out minimum redemption level Cash-out maximum redemption level
    USD $75 $1,000.00
    GBP £50 £1,000.00
    AUD $100 $1,500.00
    EURO €75 €1,000.00

    We reserve the right at our sole discretion to change the minimum and maximum cash-out redemption levels at any time. We shall notify you of any changes, following which your continued use of the Cashback Programme shall be subject to these Terms and Conditions as amended. Should the notification, for whatever reason, fail to be received by you, it shall nonetheless be treated as effective.
  26. You acknowledge that The Club Officials for the Clubs to whose Kitties you have transferred your Cashback, may elect subject to club rules to convert some or all Cashback Rewards to virtual product credits at their sole discretion.
  27. You accept that You are solely responsible for your interactions with other tourlegends users including Club Officials. We reserve the right, but have no obligation, to monitor disputes between you and other users.
  28. You may view your Cashback statement through www.tourlegends.com, but you are responsible for keeping the permanent record of the details of your Approved Transactions and Cashback Rewards. It is possible that through events of force majeure or for other reasons beyond our reasonable control We temporarily or permanently lose the data associated with your Cashback Statement. You agree that We shall have no liability to you whatsoever in connection therewith.
  29. It is possible that during the period with which you are registered for the Cashback Programme, Orange Orbit Pte Ltd - the company which operates www.tourlegends.com, ceases to participate in a Participating Retailer's Rewards programme. We will post a notice, notifying you if and when that happens, providing you with details of the impact on your Cashback Rewards should you have made any Approved Transactions with that particular Participating Retailer. Should the notification, for whatever reason, fail to be received by you, it shall nonetheless be treated as effective.
  30. Upon ceasing to be a registered user of tourlegends "Account Closure", you will automatically cease to be a participant in the Cashback Programme. In the case of Account Closure any outstanding Cashback Rewards on Approved Transactions will revert to Us and will not be transferred to the Default Club Kitty.
  31. You accept should the Club Officials of your Default Club decide in their sole discretion and subject to club rules to close one or more Club Kitties, or delete the Club from the Site then any balance in all of the respective Club's Kitties shall be voided. Any outstanding Cashback Rewards on Approved Transactions will also be voided.
  32. You acknowledge in the event that for a period of 12 months Cashback rewards are not either (i) cashed-out (ii) or converted to credits, the respective Cashback rewards will be voided as determined by Us in our absolute discretion.
  33. You acknowledge in the event that for a period of 12 months there is no activity within a Kitty which means that Cashback rewards are not either (i) cashed-out (ii) or converted to credits, the status of a Kitty will become ' Inactive'. In the event that, unless we determine otherwise in our absolute discretion and on a case-by-case basis, a Kitty becomes Inactive, the balance of the Kitty shall be voided and it shall be automatically closed.
  34. We may in our absolute discretion do any of the following at any time without cause or liability and without your consent: (i) close your tourlegends Account; and/or (ii) amend, suspend or terminate the Cashback Programme, any part of it or any feature within it; and/or (iii) restrict the hours of availability of the Cashback Programme; and/or (iv) limit the amount of your permitted use of the Cashback Programme; and/or (v) take such other action as we, in our absolute discretion, deem appropriate. Notification of any such action will be given but no liability is accepted where such notification fails to reach you because of actions beyond our control.
  35. You acknowledge and agree that regardless of the size of the balance of your Cashback Statement, the Cashback Rewards standing to its credit, or to be credited to it shall be automatically voided (so that you will not be entitled to any payment in respect thereof) in any and all of the following circumstances:; if We should experience any event or process forming part of an insolvency, administration, receivership or winding up; or, if for any reason, We should be unable to continue further funding of the Cashback Programme, in whole or in part and whether as regards some or all participants in it
  36. If We terminate your Account because of a breach by you of these Rules you agree that you will not seek to register with tourlegends and the Cashback Programme again, whether using the same or a different identity to that under which you originally registered. Otherwise you may voluntarily close an Account, and re-register with tourlegends and the Cashback Programme.
  37. You understand and agree that Cashback Rewards have no value or cash equivalent, that they may not be transferred or redeemed by You with third parties (whether or not Partners), whether for cash or in kind and that they do not represent any stored value.
  38. YOU EXPRESSLY AGREE THAT PARTICIPATION IN THE CASHBACK PROGRAMME IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT YOUR PURCHASE OF GOODS OR SERVICES FROM PARTICIPATING RETAILERS IS SUBJECT TO AND GOVERNED BY THEIR TERMS AND CONDITIONS OF SALE AND NOT THESE RULES AND THAT THESE RULES DO NOT AFFECT YOUR RIGHTS IN RESPECT THEREOF. HOWEVER FOR OURSELVES ONLY WE MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS OR SERVICES OBTAINED BY YOU FROM PARTICIPATING RETAILERS AND HEREBY EXPRESSLY EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL REPRESENTATIONS CONDITIONS AND WARRANTIES INCLUDING AS TO TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY AND/OR SATISFACTORY QUALITY. OR THE PRICE CHARGED IN RELATION TO GOODS AND/OR SERVICES OBTAINED FROM PARTICIPATING RETAILERS THROUGH THE CASHBACK PROGRAMME.
  39. YOU AGREE THAT THE CASHBACK PROGRAMME IS PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT THE CASHBACK PROGRAMME WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CASHBACK PROGRAMME OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH IT.
  40. WE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OR FOR ANY AWARDS OF PUNITIVE OR AGGRAVATED DAMAGES RELATING TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CASHBACK PROGRAMME.
  41. THESES RULES DO NO AFFECT THOSE OF YOUR STATUTORY RIGHTS WHICH CANNOT BE AMENDED OR EXCLUDED IN LAW AND THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THEM SHALL BE CONSTRUED AND APPLIED ACCORDINGLY.
  42. YOU SHALL INDEMNIFY AND HOLD US OUR AFFILIATES, OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, EXPENSE OR DAMAGE (INCLUDING REASONABLE LEGAL FEES) RELATING TO YOUR BREACH OF THESE RULES, AND/OR THE TERMS APPLICABLE TO PARTICIPATING RETAILERS PROMOTIONS
  43. Our failure to enforce your strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of them.
  44. By visiting or using the Site and/or the Cashback Programme, you agree that the laws of the Republic of Singapore, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the Republic of Singapore, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of the Republic of Singapore.

    If you have any further questions, please contact the support centre.
 
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