Terms & Conditions

User agreement

This agreement is between you and Cudo.com.au Pty Ltd (ACN 145 598 894) (referred to in this document as “Cudo”, "us" or "we").
By visiting and/or using the Cudo website (the "Website") you agree to be bound by the terms of this agreement ("agreement").
We may modify this agreement at any time and such modifications shall be effective immediately upon posting.

Registration

In order to purchase deals (and access any other features of the Website), you need to be a registered member.
When registering to become a member, you must provide Personal Information (as this term is defined in the Privacy Act 1988 (Cth)) including your first and last name, and a valid email address. You agree to provide accurate and complete information and to keep this information current. You information is stored securely, and will only be used and disclosed in accordance with our Privacy Policy (which can be accessed here: http://Cudo.com.au/info/privacy-policy.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you should notify us immediately (cudohelp@cudo.com.au). We are not liable for any unauthorised use of your account.

Capacity

By making a purchase through the Website you warrant that you are over 18.

Website changes

We reserve the right to change, alter, vary or amend the Website at any time.
We may in our sole discretion terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details, or other content contained in your account. In the event that this occurs you will still be entitled to access those vouchers that you had previously purchased through the Website.

Disclaimer

For orders on Cudo, the prices that are listed at the time of your order on the product page apply. The prices are final prices inclusive of GST (where relevant) and all other price components excluding shipping costs (unless Free Shipping is specified). The shipping costs will be indicated on the product page and are determined mainly by the size and weight of the goods and shipping method you choose.

FAULTY PRODUCTS

To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the content of the Website including, but not limited to, loss or damage you might suffer as a result of:
     • errors, mistakes or inaccuracies on the Website;
     • you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
     • any interruption or cessation of transmission to or from the Website;
     • any bugs, viruses, Trojans or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or
     • the merchantability or fitness for any purpose of any good or service of any linked sites;

Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
     - in the case of goods:
          • the replacement of the goods or the supply of equivalent goods;
          • the repair of the goods;
          • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
          • the payment of the cost of having the goods repaired; and

     - in the case of services:
          • the re-supply of the services, or
          • a refund of the purchase price paid.

Use of Website by you

You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website except with our prior written consent.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
We reserve the right to cancel your registration at any time, subject to our complete discretion. In the event that you have previously purchased a voucher or vouchers, we will email you a copy of any vouchers prior to cancelling registration. In the event of cancellation of registration, our decision is final and binding.

Information on this Website

Information about goods and services on the Website is based on material provided by third party businesses ("merchants"). We do our best to verify the information provided to us by merchants but we cannot guarantee its accuracy.
You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us or by merchants.
You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

Orders

Orders placed by you are offers to purchase a voucher for a particular product under the terms and conditions in this agreement together with any supplier-specific terms and conditions at the price specified (including delivery and other charges).

We reserve the right to accept or reject your order for any reason (or no reason) at any time after that order has been made, including, but not limited to, the unavailability of any product or service, an error in the price or product or service description, or an error in your order. If we cancel your order, we will provide a full refund of any payment received.
Once placed, you cannot cancel your order.

Price

The prices of products, delivery and other charges shown are in Australian dollars and include GST (where applicable).
Prices of products and services are current at time of display but are subject to change.

Payment

All payments must be received in full prior to a voucher or purchase confirmation being issued.
If your payment is not received or declined by your bank or credit card issuer, we cannot 'hold' vouchers on your behalf.

Accessibility of Voucher

Your voucher will be accessible via your account with us.

To redeem your voucher, please print off the actual A4 voucher from the website and take it with you to the merchant. If you don’t have a printed voucher with you, the merchant may not be able to honour the offer.

You agree that we are not liable for any loss suffered as a result of you being unable to download, print or access a voucher.

Voucher redemption / Supply of product

The voucher you purchase is redeemable for the specified product from the relevant merchant. The relevant merchant, not Cudo.com.au, is the seller of the product and is solely responsible for honouring the voucher you purchase.

Whilst we try (as much as possible) to ensure that we only promote those merchants who we feel will provide good service to you, we make no guarantee, warranty or representation regarding the standard of any product to be provided.

Vouchers cannot be exchanged or redeemed for cash.

Unless specifically stated otherwise, vouchers cannot be combined with any other gift certificates, vouchers or promotions.

We are not responsible for lost or stolen vouchers or fraudulent use of the voucher's unique reference number.

For vouchers that relate to products provided by merchants, you may be required to pick up or collect the relevant product from a specified location or to pay a fee to have the product delivered to your specified address.

Bookings

All service products are offered by merchants subject to availability. For all products that require bookings, we recommend making bookings at least THREE (3) weeks in advance. Peak times (such as weekends or holidays) should be booked further in advance (and will often be limited).

We do not guarantee that services will be available at your preferred date and time.

Bookings are made subject to any supplier policies.

If you cancel your booking you may incur a cancellation fee payable to the supplier. Short notice cancellations may result in the cancellation of your voucher if the supplier is unable to fill your space. In that regard, the cancellation policies of the merchant will apply at all times. Please ensure that you check the cancellation policies of the merchant before booking.

If required by the merchant, you may need to produce the voucher prior to the service being performed or product being provided. In the event that you forget, lose, misplace or have the voucher stolen, you will be required to produce another copy of the voucher. Neither Cudo, nor the merchant, shall be required to provide any refund or a replacement booking or product, in the event that You fail to produce a voucher upon request.

Voucher expiry and extension

The voucher expires on the date indicated on the voucher.

Expired vouchers are non-refundable in whole or part. Once expired, vouchers are no longer valid and will not be honoured by the merchant.

Some merchants may experience a large volume of bookings towards the conclusion of the validity period. It is strongly recommended that all bookings are made well before the conclusion of the validity period. No refunds will be issued in the event that you are unable to have the service performed due to unavailability of bookings.

Refunds

Cudo will only refund vouchers in accordance with its Refunds Policy.

Complaints or problems

We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any merchant.
If you wish to make a complaint in respect of a merchant, you must email that complaint to cudohelp@cudo.com.au.
Notwithstanding the nature of the complaint, Refunds will only be provided in accordance with our Refunds Policy.

Liability

All information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.

You understand that we do not control and are not responsible for content made available through the website unless it originates from us. Consequently, by using the website you may, contrary to this agreement and our intentions, be exposed to content that you find offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk.

Links to third party websites

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them.

The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

Intellectual property

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website that belong to third parties are used with their consent and remain the intellectual property of that party.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions for improved products or services we provide.

Change of Control

Subject to relevant laws, if we merge, sell or otherwise change control of our business or this Website, we reserve the right, without giving notice or seeking consent, to transfer or assign your Personal Information, content and rights that we have collected from you and any agreements we have made with you.

Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents 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 us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

Restaurant specific vouchers

For the purposes of this section, a "Restaurant" will mean any merchant that offers food and / or beverage for sale in its regular business.

Restaurant vouchers will be 'dine-in' unless otherwise stated.

Restaurant vouchers do not include a tip or gratuity. If appropriate, you may wish to add a tip or gratuity in addition to use of the voucher.

Accommodation vouchers

Unless the deal specifically provides otherwise, accommodation vouchers must be used over one contiguous period. For example, if a voucher entitles you to four nights at a resort, those four nights must be used consecutively - you cannot use two nights over one period, and then two nights over another period.

Communication by us

As a condition of registering for Cudo.com.au, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
     • 'Administrative Emails' involve details of account activity and purchases you have made.
     • 'Promotional Emails' consist of product information and new offers. You may choose to opt-out receiving promotional emails anytime by simply clicking the unsubscribe button at the bottom of our emails. More details about these emails can be found in our Privacy Policy.

Credits

Users (referred to as 'Referrers') are able to earn Cudo credits by referring others to use Cudo. (And may also be awarded credits by Cudo)

We reserve the right to alter the value of Cudo credit to Referrers and the duration of credit at any time.

If your registration on our Website is cancelled or terminated by us in accordance with these Terms and Conditions, any accrued Cudo credits will be forfeited.

You may also be able to earn Cudo credits by undertaking other tasks, such as posting purchased Cudo deals to Facebook or Twitter.

You may apply Cudo credits to the purchase price of a Cudo voucher. For example, if you have $20 Cudo credits and wish to purchase a voucher which costs $25, you would also need to spend $5 on your credit card along with $20 Cudo credits to purchase the deal. Cudo credits cannot be used for deals that cost less than $10.00 (that is, the relevant deal itself costs less than $10.00). A maximum Cudo credits up to a value of $500.00 may be used for any single purchase.

We reserve the right to alter the amount and ratio of Cudo credits we grant at our absolute discretion. We also reserve the right to cancel members' Cudo credits if they have breached these Terms and Conditions.

Cudo credits will expire 365 days after they have been credited to your account. Cudo credits are not transferable or assignable and cannot be redeemed in any way other than in accordance with this clause.

Merchant Terms & Conditions

Any Terms and Conditions of the specific merchant will always apply in addition to any specific terms of the Deal stated by Cudo. For example, if a merchant is not open on certain days, the voucher will not be redeemable on those days. Refunds are not payable in the event that you are unable to use a voucher on account of the merchant's usual terms and conditions.

Governing Law

This agreement will be governed by and interpreted in accordance with the laws of New South Wales. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales.