Terms and Conditions
CUDO.COM.AU (THE ‘WEBSITE’) IS AN ONLINE SERVICE OWNED AND OPERATED BY CUDO.COM.AU PTY LTD (ACN 145 598 894) OF SUITE 118, 243 PYRMONT STREET, PYRMONT NSW 2009 (‘CUDO’). PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY VISITING THE WEBSITE, YOU ARE DEEMED TO HAVE READ AND UNDERSTOOD THESE TERMS & CONDITIONS OF USE AND TO HAVE AGREED TO BE BOUND BY THESE TERMS & CONDITIONS OF USE, WHICH SHALL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CUDO.
A. USER AGREEMENT GOVERNING USE OF WEBSITE
1. USER AGREEMENT
If you do not agree to the terms and conditions set out in these Terms & Conditions of Use, you must not use the Website.
2. AMENDMENTS TO TERMS & CONDITIONS OF USE
CUDO reserves the right to amend, vary and/or replace these Terms & Conditions of Use at any time, and from time to time, at CUDO’s sole discretion. Your continued use of the Website will be deemed to be your acceptance of any amendment, variation and/or replacement of these Terms & Conditions of Use.
3. ACCOUNTS
3.1 In order to have access to Coupons and the ability to purchase Coupons via CUDO you must first create a registered account on the Website (‘Account’). Creating an Account will enable you to: (a) receive information and email communications from CUDO relating to Coupons; (b) make an order to purchase a Coupon; (c) change your preferences, including with respect to your preferred e-mail address, geographic location, credit card details and passwords; (d) view, otherwise receive and print Coupons you have purchased; and (e) view past Coupons you have purchased.
3.2 When registering an Account, you agree to provide accurate and complete information about yourself and to keep this information up-to-date.
3.3 CUDO reserves the right to refuse registration of an Account (or to close an existing Account) where:
(a) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner;
(b) you have breached these Terms & Conditions of Use;
(c) CUDO considers refusal of registration of an Account or the closure of an existing Account to be necessary to comply with any requirements of the law; or
(d) you have an existing Account.
3.4 You are solely responsible for the activity that occurs on your Account and for keeping your Account log-in and password secure.
4. LEGAL CAPACITY
By making an order to purchase a Deal, you warrant to CUDO that you are:
(a) eighteen (18) years of age or above; and
(b) entering into a legally binding contract with CUDO with respect to that Coupon.
5. UNAUTHORISED USE OF THE WEBSITE
5.1 You agree to use this Website only for purposes that are permitted by:
(a) these Terms & Conditions of Use; and/or
(b) any applicable laws or regulations.
5.2 You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website.
5.3 You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from CUDO (‘Content’) except as permitted by these Terms & Conditions of Use, by law or with the prior written consent of CUDO.
5.4 Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that CUDO may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
5. LIMITATION OF LIABILITY
5.1 Certain statutory warranties under consumer protection laws will be applied for your benefit. Nothing in these Terms & Conditions of Use is intended to exclude or restrict the application of such laws but CUDO does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these laws. Subject to claims available under consumer protection laws, neither Cudo nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:
(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this Website;
(b) for disruptions to this Website; and
(c) to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
5.2 For claims that cannot be excluded or restricted under consumer protection laws , the liability of CUDO for such a claim will (at CUDO’s option and to the extent permitted by law) be limited to:
(a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and
(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.
6. INDEMNITY
You will at all times indemnify, and keep indemnified, CUDO and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by CUDO arising from any claim, demand, suit, action or proceeding by any person against you or CUDO where such loss or liability arose out of, in connection with or in respect of your use of the Website, your conduct and/or your breach of these Terms & Conditions of Use.
7. PRIVACY
7.1 The CUDO Privacy Policy is incorporated into these Terms & Conditions of Use.
7.2 In the event the CUDO business or company is sold to a third party, you grant CUDO the right to transfer the personal information and other data and rights that CUDO has collected from you to that third party, and CUDO will not be required to obtain your prior consent or approval or to notify you of such a transfer.
8. WEBSITE INFORMATION
8.1 Any information that is published on the Website about particular goods and services is based on material supplied to CUDO by Merchants and other third parties. You agree that CUDO will not be held liable for the publication on the Website of any inaccuracies or errors in information relating to goods and services that it has received from Merchants and other third parties.
8.2 You agree that you are responsible for:
(a) making your own reasonable enquiries to verify information that is published on the Website about particular goods and services; and
(b) assessing the suitability of goods and services prior to you placing an order for a Coupon for a Deal relating to those goods or services.
9. LINKS TO THIRD PARTY WEBSITES
Links to third-party websites are provided on the Website for convenience only. By clicking on a third-party link, you will leave the Website. CUDO does not endorse nor support the content of third-party links, and is not responsible for the content of a third-party website. Privacy and security policies on third-party websites may differ from those practiced by CUDO. You should review the privacy policies and other terms of use of those third party websites to learn more about, what, why and how they collect and use any personally identifiable information.
10. GENERAL TERMS
10.1 Nothing in these Terms & Conditions of Use creates a partnership, employment relationship or agency relationship between you and CUDO.
10.3 CUDO will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions of Use if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside CUDO’s control which is not due to any lack of reasonable prudence or foresight.
10.4 Any provision of these Terms & Conditions of Use which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms & Conditions of Use read in full force and effect
10.5 CUDO’s failure to enforce any provision of these Terms & Conditions of Use will not be considered a waiver of its right to enforce such provision.
10.6 These Terms & Conditions of Use are to be interpreted in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
B. USER AGREEMENT GOVERNING CUDO COUPONS
1. PLACING ORDERS
1.1 CUDO provides its Account-holders with opportunities to purchase Coupons for goods and/or services at discounted rates and on certain terms and conditions of a third party merchant (each, a 'Merchant') which can be redeemed for goods and/or services (each, a 'Deal'). By making an order to purchase a Coupon on the Website, you agree to receive and be charged for the Coupon once CUDO has received a minimum quantity of offers to purchase a Coupon from CUDO Account-holders during a specified availability period (‘Minimum Quota’).
1.2 For the avoidance of doubt, the promotion and/or publication of Coupons on the Website or within any email correspondence that you receive from CUDO does not constitute an offer from CUDO to sell you the Coupon, the corresponding Deal or the goods and services that are the subject of the Deal. The promotion and/or publication of Coupons on the Website or within any email correspondence that you receive from CUDO is an invitation to treat only.
1.3 By placing an order for a Coupon on the Website, you are making an offer and commitment to purchase a Coupon on the Coupon Specific Terms and otherwise on the terms and conditions set out in these Terms & Conditions of Use.
1.4 CUDO reserves the right to accept or reject your offer to purchase a Coupon for any reason (or no reason). In the event CUDO cancels your order to purchase a Coupon, CUDO will charge-back the full purchase price to your credit card.
1.5 Once you have made an order to purchase a Coupon on the Website, you cannot cancel that order.
2. ISSUE OF COUPONS
2.1 Once you have placed your order for a Coupon, you will receive a confirmation of your order (whether by email or via your Account) and your credit card will be charged for the purchase price of the Coupon.
2.2 You will only be issued a Coupon if: (a) full payment for that Coupon has been received by CUDO; and (b) the Minimum Quota has been met.
2.3 A ‘Coupon’ may take the form of a physical voucher, a unique code or a hyperlink and may be delivered to you via email, by post or may be downloadable on the Website via your Account.
2.4 CUDO is not liable or responsible for any loss suffered as a result of a Coupon not being received by you (including, without limitation, due to an email being blocked by a firewall or filter or where you have registered an incorrect email address).
3. CHARGE BACKS/NO REFUNDS
3.1 If you make an order to purchase a Coupon, and the Minimum Quota has not been met, CUDO will charge-back the full purchase price to your credit card.
3.2 You will not be to entitled to any consideration, credit or full or partial refund on the purchase price of an issued Coupon, except as required by law.
4. REDEMPTION OF COUPONS
You may redeem a Coupon that CUDO issues to you with the relevant Merchant in order to receive the good or service that is the subject of the associated Deal. The relevant Merchant, not CUDO, is the provider of the product or service and is solely responsible for honouring the Deal that is the subject of the Coupon you have purchased.
5. TERMS OF COUPON
5.1 You acknowledge and agree that your purchase of a Coupon from CUDO may be subject to specific terms, conditions, rules and/or limitations (including, without limitation, any age/health restrictions and other eligibility terms attaching to a Coupon, the Minimum Quota for that Coupon, the expiration date for your redemption of the Coupon with the Merchant) (‘Coupon Specific Terms’), which will be communicated to you on the Website prior to your purchase of the Coupon that is issued to you. To the extent there is any inconsistency between the Coupon Specific Terms and the Terms & Conditions of Use, the Coupon Specific Terms will prevail. By placing an order for a Coupon on the Website, you agree that all Coupon Specific Terms will be legally binding on you in connection with that Coupon.
5.2 Unless otherwise stated in the Coupon Specific Terms or required by law, the following terms apply to all Coupons (without limiting the other terms and conditions in these Terms & Conditions of Use):
(a) Coupons are not redeemable for cash.
(b) If, for any reason, you do not or cannot use or redeem a Coupon you have purchased in full, you will not be entitled to any consideration, credit or full or partial refund on the purchase price of that Coupon, except as required by law.
(c) CUDO is not responsible or liable for your lost or stolen Coupons.
(d) The expiration date for a Coupon is as printed on the Coupon and will be quoted on the Website. All Coupons are deemed void after the published expiration date and will not be honoured by CUDO or the Merchant. Expired Coupons are non-refundable in whole or in part.
(e) Coupons may not, without the prior written consent of CUDO, be resold or offered for resale, duplicated, used, traded or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services.
6. TERMS OF DEALS GENERALLY
6.1 All Deals are subject to the Merchant’s standard terms and conditions and policies. CUDO will use its reasonable endeavours to advise you on the Website of any material terms and conditions and policies of the Merchant that will impact your ability to use or enjoy the goods or services.
6.2 You agree that you are responsible for making your own reasonable enquiries with respect to the terms and conditions and policies that a Merchant may place on your use or enjoyment of the relevant goods or services.
7. TERMS OF DEALS - SERVICES
7.1 All Deals relating to services provided by Merchants are subject to availability and may require you to make a booking in advance directly with the Merchant. CUDO cannot guarantee that services will be available to you at your preferred date or time.
7.2 You agree that any booking you make with a Merchant may be subject to that Merchant’s separate terms and conditions or policies.
7.3 If you cancel a service booking you have made directly with a Merchant, the Merchant may charge you a cancellation fee (which may include invalidation or cancellation of your ability to redeem the relevant Coupon).
8. TERMS OF DEALS - PRODUCTS
For Deals relating to products provided by Merchants, you may be required to collect the relevant product from a specified location or to pay a fee to have the product delivered to your delivery address.
9. LIMITATION OF LIABILITY
9.1 Certain statutory warranties under consumer protection laws will be applied for your benefit. Nothing in these Terms & Conditions of Use is intended to exclude or restrict the application of such laws but CUDO does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to a Coupon, a Deal and/or the goods and services that are the subject of a Deal outside these laws. Subject to claims available under consumer protection laws, neither CUDO nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with a Coupon, a Deal and/or the goods and services that are the subject of a Deal.
9.2 For claims relating to a Coupon, a Deal and/or the goods and services that are the subject of a Deal that cannot be excluded or restricted under consumer protection laws , the liability of CUDO for such a claim will (at CUDO’s option and to the extent permitted by law) be limited to:
(a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and
(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.
10. INDEMNITY
You will at all times indemnify, and keep indemnified, CUDO and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by CUDO arising from any claim, demand, suit, action or proceeding by any person against you or CUDO where such loss or liability arose out of, in connection with or in respect of your conduct or breach of any Coupon Specific Terms or other term or condition relating to a Coupon (as specified in these Terms & Conditions of Use) or a Merchant’s standard terms and conditions and policies.
11. *SIGN-UP BONUS
The "sign-up bonus" (if eligible) will be sent in the form of a coupon code provided via email. Members may use this coupon code towards a Cudo purchase. The "sign-up bonus" may be available for a limited time to new members only and is strictly one per subscriber. The coupon code must be redeemed by entering the code in "My Account" page within a week of promotion closure. Coupon codes cannot be redeemed for cash. Cudo reserves the right to withdraw the offer at any time.
12. $10 "REFER-A-FRIEND"
To be elegible for the "Refer-a-friend" $10 credit, your referral must meet the following criteria:
a) Your “friend” must have signed up directly via the link specified in your refer-a-friend email
b) Your “friend” must have made a purchase
You will not be given $10 credit for a referral in the case that your “friend” has signed up, via any other channel other than directly through the refer-a-friend link specified in the email. You will not receive any credit for subsequent purchases, after the first purchase made.
Once your referred friend has made a purchase you will receive an email notification. This email will contain your $10 refer-a-friend coupon code which you can use towards the purchase of any Cudo offer. If the value of the Cudo offer purchased is less than $10, you will be able to use the same coupon code on your next purchase and utilise any unclaimed credit.
Cudo’s Satisfaction Guarantee - Terms and Conditions
1. Cudo members may be entitled to receive a full cash refund (“Refund”) on the terms set out in these terms and conditions if that Cudo member:
(a) is not satisfied with the quality of the goods and services received pursuant to a voucher he/she has purchased on the Cudo Website (“Voucher”);
(b) is not satisfied that the goods or services provided by a merchant conformed with the terms and conditions for that offer;
(c) is not provided the goods or services by the merchant that the Cudo member should have received pursuant to the terms of the Voucher, including circumstances where a merchant ceases to trade and enters bankruptcy or liquidation (as relevant).
2. A request for a Refund must be submitted via the form located on the contact page of the Cudo Website or via email to Cudo Customer Service (see contact us).
3. All Cudo members requesting a Refund will be required to provide a full account of their experience with the good and/or service and full particulars as to (a) why they are not satisfied with the quality of the goods and services that are the subject of a Voucher, and/or (b) why they are not satisfied that the goods or services provided by a merchant conformed with the terms and conditions for that offer as published on the Voucher and/or the Cudo Website and/or (c) the circumstances surrounding the merchant not providing the goods or services that should have been provided pursuant to the terms of the Voucher (“Particulars”). In addition to Particulars, Cudo members are encouraged to provide feedback on how Cudo can improve its services to members.
4. Cudo reserves the right to verify the validity and veracity of some or all of the Particulars at any time, including (but not limited to) by consulting with the relevant merchant responsible for fulfillment of the offer and/or by asking the Cudo member for additional information or documentation.
5. Where Cudo concludes that a complaint is invalid or that a Cudo member’s Particulars are misleading, incorrect and/or deceptive, Cudo reserves the right to refuse a Refund (in its sole discretion).
6. Where a Cudo member has previously received a Refund from Cudo (including pursuant to these terms and conditions), Cudo reserves the right to refuse a further request for a Refund made by that Cudo member (in its sole discretion).
7. The value of the Refund will be the same as the purchase amount of the corresponding Voucher. The Refund will be paid directly into the bank account which the Cudo member used to purchase the Voucher.
8. A Cudo Member may request a Refund up to thirty (30) days after the expiration date of the relevant Voucher (as published on the Voucher). After this time, a Refund may, or may not, be provided to the Cudo member at Cudo’s sole discretion.
9. Cudo reserves the right to resolve a Cudo member’s complaint and/or dissatisfaction with the goods and/or services provided by a merchant via other means prior to paying any Refund to that Cudo member, including (but not limited to) repairing or replacing any good and/or resupplying the relevant good or service that is the subject of the Voucher.
10. Any Refund provided to a Cudo member is in no way an admission of guilt or liability by or on behalf of Cudo or the admission of any other fact in connection with any act or omission which led to the request for a Refund being submitted by a Cudo member.
11. Cudo’s Satisfaction Guarantee policy may be amended or cancelled at Cudo’s sole discretion.