Thank you for participating in the Microsoft Cashback (formerly, Bing Rebates) Program (“Program”)!

Microsoft Cashback allows Microsoft Rewards members to receive a cashback reward from Microsoft when purchasing an eligible product or service from a participating merchant's website using a link, browser, search box, module, or website on which Microsoft Cashback is activated. In addition, by linking an eligible credit or debit card to a Microsoft Cashback account, members may be eligible to receive a Microsoft Cashback reward from Microsoft when using that credit or debit card to make qualifying in-store purchases at participating merchants (“Card-Linked Offers”).

IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15 OF THE MICROSOFT SERVICES AGREEMENT. IT AFFECTS HOW DISPUTES RELATING TO THESE TERMS (DEFINED BELOW) ARE RESOLVED.

 

1.          Introduction

The terms and conditions set out in this document ("Terms") govern your participation in the Program, including your use of any services that Microsoft (“we” or “us”) provides you in connection with the Program, such as creating your Microsoft Cashback account, crediting your account with Microsoft Cashback rewards to reflect eligible purchases that you make under these Terms, and delivering those rewards to you. These Terms govern your participation in the Program only as between you and Microsoft. Other parties, including any participating merchants, your mobile network operator, your internet service provider, your financial institution(s), or your third-party digital wallet or payment service provider, may have their own terms, conditions, and privacy policies, which may apply when you provide them or us with your information or use their services in connection with the Program. By enrolling in the Program, you accept and agree to these Terms.

The Program is also governed by the Microsoft Services Agreement, which is incorporated into these Terms by reference. You agree that the Program constitutes a “Service” under the Microsoft Services Agreement.

Your participation in the Program is also subject to the Microsoft Privacy Statement, which describes our collection, use and disclosure of your personal information relating to your participation in the Program. For additional information about what data we collect and/or share with third parties when you participate in the Program, see the Privacy section below.

In the event of any conflict between these Terms and the Microsoft Services Agreement or the Microsoft Privacy Statement, the conflicting provision in these Terms shall govern. These Terms, including any future updates, remain in effect until either you terminate your Microsoft Cashback account, or we discontinue offering the Program.

2.          Contracting Entity

The Program is provided by Microsoft through the Microsoft Contracting Entity in your location. For the following locations, “Microsoft Contracting Entity” means:

Location	Microsoft Contracting Entity
United States	Microsoft Online, Inc. 6880 Sierra Center Parkway Reno, NV 89511 USA
India	Microsoft Corporation (India) Private Limited Level 10, Tower C, Epitome, Building No. 5, DLF Cyber City, Phase 3 Gurugram 122002 – Haryana, India
Brazil	Microsoft do Brasil Importação e Comércio de Software e Video Games Ltda., enrolled with the CNPJ under No. 04.712.500/0001-07 Av. Presidente Juscelino Kubitscheck 1909, Torre Sul, 18 Andar, conj. 181 – Vila Nova Conceição, CEP: 04543-907 São Paulo/SP Brasil
All other countries in Europe, the Middle East, or Africa (“EMEA”) or Asia-Pacific (“APAC”)	Microsoft Ireland Operations Limited One Microsoft Place, South County Business Park, Leopardstown Dublin, Ireland 18, D18 P521

3.          Notice Regarding Consumer Rights

If you are a consumer in the EU or the UK you have a legal right to withdraw from these Terms within 14 days after enrolling in the Program. You can otherwise withdraw from the Program or your agreement to these Terms at any time by terminating your Microsoft account, or by opting out of Microsoft Rewards or Microsoft Cashback, any of which will terminate your participation in this Program.

If you are a consumer living in the EU or the UK, you also have certain mandatory consumer rights. If you are a consumer living elsewhere, you may also have consumer rights under the laws of your territory. Nothing in these Terms affects your mandatory consumer rights. For consumers residing in the UK or the EU, nothing in these Terms will limit or exclude Microsoft’s liability for death or personal injury caused by negligence, nor fraud or fraudulent misrepresentation arising from Microsoft’s negligence.

4.          Eligibility

To be eligible to participate in the Program, you must: 

·        Be at least 18 years of age and a lawful resident of a Participating Territory.  The current list of Participating Territories is available in the Microsoft Cashback FAQ, and may change from time to time in Microsoft’s sole discretion.

·        Have an active Microsoft account. Click here to learn more about Microsoft accounts. If you do not have a Microsoft account, you can create one without charge. 

·        Be actively and continuously enrolled in Microsoft Rewards, and not have opted-out or otherwise had your Microsoft Rewards account suspended or closed.

·        Enroll in the Program by signing up directly on the Microsoft Cashback Dashboard, activating a Microsoft Cashback offer while logged in with your Microsoft account, or by any other means we make available.

·        Have and maintain a valid and active Redemption Account with a Redemption Service (see below).

·        Have cookies enabled on your browser, so we can track your purchases and credit the associated Microsoft Cashback rewards to your Microsoft Cashback account. 

If you have activated a Microsoft Cashback offer and completed a qualifying purchase without creating a Microsoft account and enrolling in the Program, you are not eligible to earn a Microsoft Cashback reward.  Additionally, you cannot participate in the Program if you do not satisfy all of the eligibility criteria above, if Microsoft has previously terminated your Microsoft account or your Microsoft Rewards or Microsoft Cashback accounts, or if Microsoft is prohibited from allowing you to participate in the Program under applicable law. 

5.          Eligible Purchases

Microsoft Cashback offers are presented to you by Microsoft and may vary by merchant, store, product, service, categories and exclusions. In many cases, merchants may impose certain restrictions that affect your eligibility for a particular Microsoft Cashback offer.  Other restrictions may apply. Please review each Microsoft Cashback offer’s details on the Microsoft Cashback dashboard to see offer terms and applicable limitations. Gift certificate and gift card purchases are not eligible for a Microsoft Cashback reward.

For Card-Linked Offers, when making a purchase using a linked debit card in store, you must choose “credit” during your purchase (if given the option) or otherwise elect not to use your PIN. If you use your debit card using your PIN, you will not be eligible for a Microsoft Cashback reward for that purchase. Some merchants may not give you the option whether to use your PIN with your debit card.

The Microsoft Cashback reward amount for which you are eligible is calculated based on the purchase information we receive from the merchant and is subject to the merchant’s terms, conditions and policies. You should review those terms, conditions and policies prior to making any purchases. Any issues you have with a product, service, transaction or merchant must be directed to the merchant. Microsoft is not liable or responsible for any transaction between you and the merchant or for any products or services you purchase.

6.          When Purchases May Become Ineligible

You must make a purchase from a participating merchant's website using the link, browser, search box, module, or website on which Microsoft Cashback is activated, or through a Card-Linked Offer, in order for the merchant to recognize the transaction as eligible for Microsoft Cashback.  To maximize the likelihood that a merchant will recognize the transaction as eligible, make sure to access the merchant directly from the Microsoft Cashback offer, and immediately complete your purchase without accessing any other site or tool prior to purchasing. See the Microsoft Cashback FAQ for more information.

Most offers do not provide Microsoft Cashback rewards on purchases that use coupon codes, so if you use a coupon code for a particular purchase, you may not receive any Microsoft Cashback reward for that purchase. The Microsoft Cashback reward amount for which you are eligible is based on the net purchase amount, excluding taxes, fees, shipping, gift-wrapping, warranties, discounts or credits, returns or cancellations. For some personalized offers that Microsoft may present to you, Microsoft will verify the purchase eligibility before confirming the Microsoft Cashback reward.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR OR LIABLE TO YOU IN THE EVENT THAT THE MERCHANT DOES NOT NOTIFY MICROSOFT ABOUT THE PURCHASE OR IN THE EVENT THAT MICROSOFT IS NOT ABLE TO VERIFY THE ELIGIBILITY OF YOUR PURCHASE WITH A PARTICULAR MERCHANT. THIS MAY OCCUR FOR SEVERAL REASONS, INCLUDING:

·        The merchant may have technical failures which results in the transaction failing to be tracked or attributed to you or otherwise fails to notify us of the eligible purchase.

·        The merchant may alter their terms, conditions or policies or discontinue their participation in the Program.

·        You received cashback or points from a third-party reward program for the same purchase.

·        You used a different link, site, or tool that links to the participating merchant after activating the Microsoft Cashback offer, resulting in the transaction being deemed ineligible for a Microsoft Cashback reward.

·        You have adware, malware, shopping tools or browser extensions that may affect tracking or may limit your eligibility for certain offers.

7.          Earning Limitations

You are eligible to receive up to US$200 in Microsoft Cashback rewards per calendar month, and up to US$1,000 per calendar year (or the local currency equivalent) through the Program. This means that if you have already received US$200 in a given calendar month, you will not be eligible to receive any more Microsoft Cashback rewards until the next month; similarly, if you have already received US$1000 in a given calendar year, you will not be able to receive any more Microsoft Cashback rewards until the following year. Certain Microsoft Cashback offers may also be subject to per-transaction limitations; see each Microsoft Cashback offer for details.

8.          Crediting Microsoft Cashback Rewards to your Microsoft Cashback Account

Microsoft Cashback rewards will be credited to your Microsoft Cashback account after the merchant has notified Microsoft of the eligible purchase amount, and after further eligibility review by Microsoft. For most purchases, it can take up to 90 days after the purchase for a Microsoft Cashback reward to appear in your account. For travel-related purchases, your eligibility for a Microsoft Cashback reward will be determined after you complete your travel. If you become ineligible for Microsoft Cashback rewards (for example, your Microsoft account, Rewards account or Cashback account are closed by you or us) before the reward is credited to your Microsoft Cashback account, or before travel is completed for travel-related purchases, you will not receive the associated Microsoft Cashback reward. Your Microsoft Cashback Account History page will indicate the estimated date on which we expect a Microsoft Cashback reward to be credited to your account.

WE RESERVE THE RIGHT, IN OUR SOLE REASONABLE DISCRETION, TO ADJUST YOUR MICROSOFT CASHBACK ACCOUNT BALANCE FOR ANY RETURNS OR CANCELLATIONS, TO CORRECT ERRORS, OR FOR ANY OTHER REASON IN ACCORDANCE WITH THESE TERMS.  

9.          Redemption of Microsoft Cashback

To remain eligible for receiving and using Microsoft Cashback rewards, you must have and maintain, at all times, an account with an eligible Redemption Service (your “Redemption Account”). The list of available Redemption Services varies by location; please see the Microsoft Cashback FAQ for the most up-to-date list. At least one Redemption Service is available in each country where the Program is offered. The list of allowable Redemption Services may change from time to time, with or without notice to you. 

You must transfer the entirety of your current Microsoft Cashback account balance to your Redemption Account, which you may do at any time, subject to the terms and limitations imposed by your chosen Redemption Service.

Microsoft may, from time to time, in its sole discretion, offer additional opportunities for you to spend, redeem, or transfer your Microsoft Cashback account balance; however, these opportunities are subject to change or discontinuation at any time without notice. IF YOU DO NOT HAVE AND MAINTAIN AN ACTIVE, ELIGIBLE REDEMPTION ACCOUNT, MICROSOFT IS NOT OBLIGATED TO DELIVER OR MAKE AVAILABLE YOUR MICROSOFT CASHBACK ACCOUNT BALANCE TO YOU THROUGH ANY OTHER MECHANISM OR METHOD OF PAYMENT. Any issues with your Redemption Account are not our responsibility and must be directed to the Redemption Service institution or provider.

Prior to transferring your Microsoft Cashback account balance to your Redemption Account, your Redemption Service provider may request further information to verify your identity. Microsoft will not transfer any Microsoft Cashback amount if Microsoft is prohibited from doing so under applicable law (including sanctions or export control regulations).

You are responsible for any taxes and charges you may incur as a result of earning Microsoft Cashback rewards or transferring Microsoft Cashback rewards to your Redemption Account. To the maximum extent permitted by applicable law, Microsoft is not liable or responsible for your problems accessing your Redemption Account or withdrawing funds.

10.       Account Maintenance Fees

If your Microsoft Cashback account becomes inactive, where permitted by law, we will deduct a fee of US$5.00 (or local currency equivalent) per month from your account, starting on the first day of the month after your account is deemed inactive (“Account Maintenance Fee”). Your account is considered inactive if, within the preceding six months, you have not either (i) transferred your Microsoft Cashback account balance to a Redemption Account, or (ii) earned any Microsoft Cashback rewards. The Account Maintenance Fee is to cover the cost associated with maintenance and administration of your Microsoft Cashback account. Microsoft will continue to deduct the Account Maintenance Fee from your account until you either earn additional Microsoft Cashback rewards or you transfer your available Microsoft Cashback account balance to your Redemption Account.

We will never deduct Account Maintenance Fees in an amount greater than your remaining available Microsoft Cashback account balance. For example, if you have more than US$5.00 in your account, we will deduct US$5.00 from the account; if you have less than US$5.00 in your account, we will deduct only the amount remaining in your account (for example, if you only have US$2.00, we will deduct that remaining US$2.00). If you have no available Microsoft Cashback account balance in your account, we will not attempt to deduct the Account Maintenance Fee from your account. We will never charge you or otherwise seek to collect the Account Maintenance Fee through any means or from any source other than your Microsoft Cashback account balance.

11.       Card-Linked Offers

From time to time, in our sole discretion, we may offer you the opportunity to earn additional Microsoft Cashback rewards via Card-Linked Offers, in which you can link an eligible Visa, Mastercard, American Express or other eligible credit or debit card (“Eligible Card”) to your Microsoft Cashback account and earn additional Microsoft Cashback rewards when you use your Eligible Card to make qualifying purchases in person at participating merchants. When you link your Eligible Card to your Microsoft Cashback account, you authorize your Eligible Card network (such as Visa, Mastercard or American Express) (each a “Payment Card Network”) to securely share transaction information with Microsoft and its third party service providers that Microsoft uses to manage Card-Linked Offers (“Program Service Providers”) as further described in Section 12.b below.

When you first link your Eligible Card to your Microsoft Cashback account, Microsoft will share your Eligible Card number with a Program Service Provider to enroll your Eligible Card for Card-Linked Offers. Microsoft does not retain a copy of your full Eligible Card number; instead, we store only the last four digits for verification purposes only. You may optionally choose to have Microsoft store your full Eligible Card number in your Microsoft account, but it is not required for Card-Linked Offers.

You may receive Card-Linked Offers or related notices through Microsoft websites and applications based on your location (if you have location services turned on and have granted permissions for the application to use your location information). To stop receiving such offers or notices based on your location, you can turn off location services on your device or turn off the particular application’s access to location services.

The following are not considered Eligible Cards and may not be used for Card-Linked Offers: corporate cards, purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare cards (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards), and Visa-, Mastercard-, and American Express-branded cards whose transactions are not processed through the respective Payment Card Network. We may revise this list from time to time, with or without notice to you.

Additionally, not all transactions made with your Eligible Card are tracked by a Payment Card Network and thus may not earn Microsoft Cashback rewards. You acknowledge that a Payment Card Network may be unable to monitor every transaction made with your Eligible Card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Eligible Card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the  Payment Card Network’s systems. You further acknowledge and agree that these transactions are not eligible for Card-Linked Offers.

12.       Privacy

a.          Generally

When you enroll in Microsoft Cashback, we collect and use your personal information as described in the Microsoft Privacy Statement and in these Terms.  We may request certain data from you, including your Microsoft account email address, your full name, your date of birth, and other personal information, to create your Microsoft Cashback account. We use this information to check your eligibility to participate, and to make sure that the Microsoft Cashback rewards you earn are accurately credited to your Microsoft Cashback account, and to send you communications about the Program.  We also request certain information from you about your Redemption Account, including the account number, to allow us to transfer your Microsoft Cashback account balance to your Redemption Account.

b.          Use & sharing of data with merchants and third parties

In addition to the uses described in the Microsoft Privacy Statement and in these Terms, when you make purchases online, or in-store with your Eligible Card, we may collect, use, or share your data with merchants and our third-party business partners in the Program to: 

·        Confirm a qualifying purchase or return and validate whether you qualify for a Microsoft Cashback reward, statement credit, or an offer;

·        Verify purchases with the participating merchant (for example, by providing the date and amount of your purchase and the last 4 digits of your card number so the merchant can verify your purchase with its records if there is a missing or disputed transaction);

·        Provide participating merchants aggregated and anonymized information relating specifically to registered card activity solely to allow participating merchants to assess the Program’s performance;

·        Create a record of the transaction data and thereafter maintain and use data in connection with operating the Program (including customer support and fraud analysis);

·        Provide offers that may be of interest to you and enable further personalized offers based on your purchase history;

·        Use aggregated and anonymized information relating to your purchase and shopping history to target personalized offers to you or other participants in the Program;

·        Conduct analysis for the improvement and optimization of the Program; and

·        Provide information in response to a lawful request from a government authority or a payment organization involved in a transaction with you or a merchant.

BY PARTICIPATING IN THE PROGRAM, YOU AUTHORIZE THE COLLECTION, SHARING, EXCHANGE AND USE OF TRANSACTION DATA DESCRIBED ABOVE AND HEREIN BY AND AMONG MICROSOFT, PROGRAM SERVICE PROVIDERS, OUR THIRD-PARTY BUSINESS PARTNERS, APPLICABLE MERCHANTS, AND PAYMENT CARD NETWORKS. YOU MAY OPT OUT OF THE SHARING OF SUCH INFORMATION BY TERMINATING YOUR PARTICIPATION IN THE PROGRAM AS SET FORTH BELOW.

13.       Liability Exclusion and Indemnification for Card-Linked Offers Partners

To the maximum extent permitted by applicable law, the warranty disclaimer and limitation of liability set forth in Sections 12 and 13 of the Microsoft Services Agreement include Payment Card Networks and the Program Service Providers that support Card-Linked Offers.

WITHOUT LIMITING YOUR OBLIGATIONS TO US UNDER THE MICROSOFT SERVICES AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD PROGRAM SERVICE PROVIDERS, PAYMENT CARD NETWORKS, AND EACH OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY PARTY DUE TO OR ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM.

14.       Changes to These Terms

We have the right, in our sole discretion, to change these Terms at any time: (i) to improve the Terms, including to make the Terms easier or clearer to understand or to have all our customers on the same or similar Terms; (ii) to comply with legal or regulatory requirements such as mandatory laws that apply to us and our agreement with you or where we are subject to a court order or judgment; (iii) to provide you with additional information about the Program; (iv) where we make changes to the Program, including the structure of the Program and/or to change the scope of the Program; (v) where we reorganize the way we run our business, including merging with another brand or service; (vi) for security or fraud- or abuse-prevention reasons, including where we introduce additional security checks to protect the Program; (vii) to implement technical adjustments, or for operational purposes; or (viii) for any other reason, provided such changes to our Terms are reasonable.

If we reasonably consider that any changes to these Terms will negatively impact your legal rights or obligations in a significant way, we will provide you with at least 30 days' notice of these changes through the email address connected to your Microsoft account; in all other cases, we will place a notice on the Microsoft Cashback website, and the terms will take effect upon being posted. If you do not terminate your Microsoft Cashback account, as set forth herein, within 30 days after notice of the updated terms has been given, you will be deemed to have accepted and agreed to the modified Terms. If you do not intend to accept and agree to these Terms once revised, your sole recourse is to stop participating in the Program immediately and to terminate your Microsoft Cashback account as set forth below.

15.       Termination

a.          Program Termination

We may terminate the Program at any time for any reason, in our sole discretion. While we will endeavor to provide reasonable notice in advance of such termination, we reserve the right to terminate the Program without prior notice if we reasonably determine that such notice is impracticable, impossible, or not in our business interests. If we terminate the Program for any reason, we will provide you with a reasonable opportunity to receive any currently-pending Microsoft Cashback rewards, and to transfer your Microsoft Cashback account balance to your Redemption Account; however, we may decline to allow you to earn new Microsoft Cashback rewards during that period.

If we terminate the Program and a merchant has not yet notified us of an eligible purchase, we have no obligation to pay the associated Microsoft Cashback reward to you.  We may, in our sole and reasonable discretion, credit you with the reward if you provide us with sufficient evidence establishing that you made the purchase before the Program was terminated and would have earned a Microsoft Cashback reward had the Program continued.

b.          Termination of Your Microsoft Cashback Account – By Us

We may, immediately and with or without notice, deny you access to the Program, suspend or terminate your Microsoft Cashback account or ability to earn Microsoft Cashback rewards, and/or disallow the transfer of your Microsoft Cashback account balance to you: (a) if, at any time in our sole discretion, we reasonably believe that (i) you do not meet the eligibility criteria set forth in these Terms, (ii) you have violated these Terms or the Microsoft Services Agreement, or (iii) you are engaging in fraudulent or abusive activities; or (b) for other reasonable cause (including if we reasonably believe that your participation in the Program or our provision of the Program is in violation of applicable law or will result in harm to the Program, Microsoft, other Microsoft users or participating merchants). In such cases, you will not be able to transfer your Microsoft Cashback account balance to your Redemption Account except as we may expressly permit in our sole discretion.

c.           Termination of Your Microsoft Cashback Account – By You

You can end your participation in the Program at any time by: (1) cancelling your enrollment in the Program as set forth in the Microsoft Cashback FAQ, (2) opting out of Microsoft Rewards, or (3) closing your Microsoft account. In such cases, your Microsoft Cashback account will be closed, and you will not receive any Microsoft Cashback rewards (including for purchases that occurred before you cancelled your enrollment but have not yet been credited to your Microsoft Cashback account). You will no longer have access to your Microsoft Cashback account, including to transfer any Microsoft Cashback account balance to your Redemption Account. You should ensure that you have received credit for any pending Microsoft Cashback rewards and transferred your Microsoft Cashback account balance to your Redemption Account prior to ending your participation in the Program.

16.       FAQ 

More detailed information about participating in the Microsoft Cashback Program can be found in the Microsoft Cashback FAQ.