Terms and Conditions
The use of SmartErvin.com is subject to the following terms and conditions:
SmartErvin.com is owned and operated by SmartErvin.com. (referred to as ‘we’ or ‘us’ below).
By entering our site or enrolling, you as a user (referred to as ‘you’ below) are accepting our terms and conditions.
- Site Membership & Termination of Accounts
One account is allowed per person.
SmartErvin.com is aimed toward worldwide consumers, with cash rewards available in USD only. A cash reward will only be paid for a transaction that the merchant deems eligible and provides us with the reward to pass on. A merchant’s page may or may not state if the user qualifies for its cash rewards. We reserve the right to review and amend this usage policy at any time.
Free cashback offers are available to members located in any country.
Payouts to members can only be made via PayPal. The members are responsible for any costs involved, which PayPal determines when converting USD funds into another currency.
Any use of the SmartErvin site is made based on the assumption that full authority has been obtained from all relevant parties. This may include but is not limited to employers, friends, family, and businesses.
Members should consider and are responsible for, the legalities, customs (or other similarly relevant) tax, and any other fees associated with receiving items from another country, state, or within the state.
We reserve the right to refuse membership and further, in the event of fraudulent, abusive, or other activity we determine to be unfair, we reserve the right to terminate your account. In addition, please note that accounts may be disabled if they are deemed to be dormant accounts, as outlined in Section 4.
As a condition of membership, you will need to accept service emails from SmartErvin and authenticate your email address. Please note that you will also be signed up to receive emails from us detailing cashback deals, updates to our blogs, and other emails in relation to our website and services. You can opt-out of these emails from within your account pages.
We reserve the right to terminate a member’s account if a serviceable email address is not provided and also if that member marks our emails as abusive, junk, or spam.
By joining the site you confirm you are over 18.
- Cashback Rewards
As an enrolled SmartErvin member, you may earn ‘cashback’ or a cash reward from a number of Merchants as illustrated on the website. Note that all transactions you make are not with us, but with the individual retailer.
We pass on the cashback we earn from merchants and their tracking agencies for your applicable transactions, where the credit can be traced directly to your account by means of an identification tag provided in the reports of the merchants and their tracking agencies.
From time to time merchants may increase or decrease the commission paid in which case the cashback offer illustrated on our site may be incorrect. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or omissions, nor do we accept liability for any resulting damage or loss. Further, we take reasonable care and skill to ensure the correct functionality of the website, however, we give no warranty of the functionality and do not accept liability for any errors. By default, your applicable transactions will be credited in line with the commission reported to us by the retailer, which may be more or less than the advertised rate. Some retailers pay cashback on the purchase amount inclusive of tax and/or delivery charges and some retailers exclude these values for the purpose of calculating and awarding cashback.
When we have traced a paying, applicable transaction to your account, we will credit your account with a ‘pending’. Once the retailer confirms the transaction, the payout will be marked as ‘approved’ – this can take 30 days or more from the date of the purchase. If the goods are returned or the sale reversed or amended by any means then the cashback payout will not be made.
Applicable transactions for cashback can be defined as transactions that fulfill the following criteria:
(a) Transactions that are tracked directly back to your account by means of an identifying tag, as reported to us by the merchants and/or their tracking networks. Please note that you must be logged into our site at the time you click through to the merchant in order to have your transaction tracked by means of the identifying tag. We will, however, take reasonable measures to warn you if you are clicking through to a merchant whilst not logged into the SmartErvin website.
(b) You also must click through to the merchant via the main ‘Get Your Cashback’ buttons on our site. If you click through via sponsored ads/links on our website, then no commission or cashback will be earned. We will endeavor to make clear which links are advertising links and therefore will not be applicable links for earning cashback.
(c) Certain repeat purchases also may not qualify for cashback and you must purchase for genuine reasons. You must complete your transaction after clicking directly through to the merchant from whom you wish to purchase (not via any other third-party sites) from the SmartErvin website and purchases must then be completed immediately and wholly online.
(d) If your account is terminated or disabled for any other reason, then your cashback will be forfeited and any further transactions which might otherwise become credited to your account will not be deemed to be applicable.
Please note that you can maximize your chances of earning commission over several purchases if you click through to the merchant site from SmartErvin directly before each purchase.
We cannot be held responsible if the merchant fails to report your sale to us. Merchants have their own rules upon which they determine transactions to be genuine, i.e. An attempt to simply earn cashback by clicking/registering with no intention to continue to use/buy from their website could be deemed as non-genuine. These rules may or may not be advertised by ourselves or the merchant and may be discretionary.
If you are associated with more than one SmartErvin account (i.e husband and wife) then allowed transaction recurrences may be determined across these multiple accounts as part of fraudulent usage prevention.
Whilst we will endeavor to recover non-payouts from the retailer, the decision of ourselves, the retailer, or the retailer’s tracking agent is final. Whilst we will try and recover missing cashback, at any point we reserve the right not to chase missing cashback claims, particularly where no purchase has been made.
Where a cashback inquiry has been successfully paid by a merchant, you may receive a lower amount than expected, this is due to the amounts received by ourselves possibly being lower than the original claim. We do allow you to query this with us. If a merchant still hasn’t paid a manual cashback claim after a period of six months then we reserve the right to close the inquiry claim.
SmartErvin reserves the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payout for any credited transaction has not been received from a merchant or its agencies. This can include transactions that are already marked as Payable in your SmartErvin account, transactions that have already been paid over to you by Direct Deposit or PayPal, or any other means. SmartErvin reserves the right to apply fraudulent prevention measures as it sees fit.
SmartErvin and its advertisers reserve the right to limit cashback earned to the value of the transaction/contract purchased.
Where a coupon code (also known as discount code or coupon code or other variations) has been advertised on the SmartErvin website, either posted by SmartErvin itself or by another member, SmartErvin cannot be held responsible for the validity of the voucher code. The benefit implied by the voucher code cannot retrospectively be applied.
Further, SmartErvin cannot be held responsible for any loss of cashback or loss of any other benefit which might otherwise have been gained had a supplied voucher code not been used.
For the avoidance of doubt and notwithstanding any other provision of this Agreement or the Website, you agree that in all circumstances payout of Cashback is at our sole discretion and further we may refuse to make a payout of Cashback to you for any reason including but not limited to non-payout or late payout by the Merchant.
- Payout Schedule
Cashback payouts will be issued at your request. You will be able to request a cashback payout once you have PAYABLE funds in your account. Minimum amount – $10. We process all cashback payouts in the period from 20th-29th every month. Please note, that you have to send your request before 20th, if you want to get paid in the current month, otherwise your request will be transferred to the next payout period.
Commission payouts received by ourselves are held as our funds until such time as they are sent in the form of cashback to our members.
Should a retailer delay payout or cease trading then we will make every reasonable effort to recover your cashback but we can make no guarantees to payout until funds have been received from the retailer or their agents.
Individual payout methods are subject to change and may be restricted on a discretionary basis. Payout details must be kept accurate yourself to avoid losing any due payouts. Payouts made to incorrect destinations are not always recoverable and may be subject to a recovery fee. We will not be held liable for any delays, or consequences of delays in the payout. At any point we reserve the right to put payout requests on hold pending any investigation, this may be the case where unusual account activity is detected and verification is therefore required in order to deem the transactions as genuine.
We pay members via PayPal to countries in which PayPal operates. Please check PayPal’s website to ensure you are able to receive payments.
It is your responsibility to ensure that any tax that may be due is paid accordingly.
- Dormant Accounts
In order to minimize our administration overhead, or for any other reason, we reserve the right to terminate dormant accounts. In order to keep an account active and ensure it doesn’t get marked as dormant, we do not require purchase transactions, but we do require you simply to log in to your account at least once every six months.
- Modification of Agreement
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this website. The new terms will come into effect no later than 30 days after the modification.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.