Terms and Conditions
1. User agreement
2. Registration and user requirements
2.1 You must be a registered member to make orders and access certain features of the Website.
2.2 You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
2.4 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
2.5 If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately (firstname.lastname@example.org).
2.6 We are not liable for any unauthorised use of your account.
2.7 By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receive certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
2.8 To register an account and use the Website, you must be at least 18 years old and have capacity to enter into a legally binding agreement with us.
3.1 For orders on the Website, 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.
4. Website changes
4.1 We reserve the right to change, alter, vary or amend the Website at any time.
4.2 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.
5. Access and use of the Website
5.1 You must only use the Website through the interfaces provided by us, and must only use the Website in accordance with these terms and any applicable law.
5.2 You must not:
5.2.1 interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host the website; or
5.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools;
5.2.3 interfere (or attempt to interfere) with security-related or other features of our site; or
5.2.4 use, copy or distribute (or attempt to use, copy or distribute) without our express permission.
5.3 You must not use another member’s account without our, and/or that member’s, express permission. If you suspect or become aware of any unauthorised use of your account, or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
5.5 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the Content of any other website linked to or from our own.
6. Access and use of our Social Media pages
6.1 We will not be held responsible for third party posts on our Social Media pages. You will be responsible for Content you post on our Social Media pages, and you must not post Content that:
6.1.2 is defamatory or in contempt of legal proceedings;
6.1.3 is misleading or deceptive;
6.1.4 is offensive, including discriminatory against race, sex, sexual orientation, nationality, ethnicity or religion;
6.1.5 contains religious or political material;
6.1.6 is indecent, obscene or pornographic;
6.1.7 infringes any third party intellectual property rights;
6.1.8 contains any promotional or advertising material; or
6.1.9. contains or links to computer viruses, malware, spyware or similar software.
7. Social Media and Content
7.1 You understand that 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, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such Content originated.
7.2 You understand that we do not control and are not responsible for Content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and, to the extent permissible by law, we do not accept liability in this regard.
7.3 As a member or participant on our Social Media pages, you agree that you are responsible for any Content submitted, posted or made available through the Website via your account and you must not post (or allow) Content to be posted through your account that:
7.3.1 you do not have the right to post;
7.3.2 is defamatory or in contempt of any legal or other proceedings;
7.3.3 is misleading or deceptive;
7.3.4 incites hatred or discrimination against any group of persons, being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
7.3.5 denounces religious or political beliefs;
7.3.6 includes religious or political material which is or is likely to be offensive;
7.3.7 is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
7.3.8 infringes any copyright, trade mark, patent or other intellectual property right of another person;
7.3.9 contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
7.3.10 impersonates any person or misrepresents your relationship with any person.
7.4 We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any Content from the Website or our Social Media pages without giving any reasons.
7.5 You understand and agree that we may retain server and backup copies of your submitted Content even if you have altered, removed or deleted your Content from public display.
8. Intellectual property
8.1 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.
8.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
8.3 You may not:
8.3.1 modify or copy the layout or appearance of the Website, nor any computer software or code contained in the Website; and/or
8.3.2 decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
8.4 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license 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 our Website and developing your ideas and suggestions for improving goods or services we provide.
9. Information on this Website
9.1 Information about goods and services on the Website is based on material provided by third party businesses (‘Vendors’). We do our best to verify the information provided to us by Vendors but we cannot guarantee its accuracy.
9.2 You understand and agree that we cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to us by Vendors.
9.3 You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the voucher or goods.
9.4 Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, and shoes) may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes and may not be an exact representation of the product or service received.
10. Disclaimer and liability
10.1 To the fullest extent possible by law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
10.1.1 errors, mistakes or inaccuracies on the Website or our Social Media pages;
10.1.2 you are acting, or not acting, on any information contained on or referred to on the Website and/or any linked Website or our Social Media pages;
10.1.3 personal injury or property damage of any nature resulting from your access to or use of the Website;
10.1.4 any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
10.1.5 any interruption or cessation of transmission to or from the Website;
10.1.6 any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third-party; and/or
10.1.7 the quality of any product or service of any linked sites.
10.2 We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website, or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Vendors of goods and services.
10.3 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
10.4 Except as required by law, in no event shall we, our affiliates and related entities, or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our Vendors have no responsibility for the legality of your actions.
10.5 Some services provided by the Vendors may be of an inherently risky or dangerous nature or require specific skills or qualifications to be possessed by participants. Prior to booking or partaking of any such services, you should inform yourself of the risks and/or specific skills or qualifications involved.
10.6 It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance, require the service Vendor to be insured, or to have insurance coverage that covers you in respect of the provision of their goods and services, prior to proceeding with any booking or services. We accept no liability in this regard.
11. Placing Orders
11.1 You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
11.2 The promotion of vouchers for goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
11.3 Orders placed by you are offers to purchase either:
11.3.1 a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any Vendor terms and conditions at the price specified (including delivery and other charges); or
11.3.2 goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
11.3.3 a voucher for a % off retail price for particular goods and/or services under the terms and conditions in this Agreement, and any Vendor terms and conditions (‘Click and Claim’).
11.4 Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
11.5 We may reject your order, including in circumstances where we believe there may be a credit card fraud, where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.
11.6 You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. Please note that change of mind returns are given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error.
11.7 In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
12. Price, payment and use of discount/promo codes
12.1 The prices of vouchers, good, delivery and other charges shown are in Australian dollars and are current at the time of display, but may be subject to change. All payments must be received in full prior to dispatch of goods or a voucher or product being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold goods or vouchers against your order.
12.2 A discount code is only valid for a single transaction per address, and may not be used in conjunction with any other discounts or Click and Claim.
12.3 10% off valid on purchases of $49 or more. Valid for Local experiences only purchased through www.cudo.com.au. Valid for new subscribers only. Not valid for Local Accommodation, Holidays, Travel, Shopping, Click and Claim, or The Plate purchases. Redeemable once per account. Not valid with any other offer. Not valid for ticket or deal purchases that require completion on a third-party site.
13. International Vendors and Direct Import Goods
13.1 Some third party vendors are based internationally. When purchasing a product from these vendors and importing items into Australia, you may be required to comply with Australian standards that apply to importation of such goods.
13.2 Some products from overseas vendors which exceed low-value import threshold (currently $1,000) may be subject to an additional amount of GST collected from you by the Australian Customs and Boarder Force Security. Please refer to https://www.abf.gov.au/.
14. Vouchers: Use and redemption of a cudo.com.au voucher
14.1 Vouchers will be accessible via your cudo.com.au account. Your voucher will not be emailed to you and will only be accessible via your account. We cannot be held liable nor responsible for any loss suffered as a result of a voucher not being received by you due to circumstances beyond our reasonable control.
14.2 All vouchers sold on the Website are offered on behalf of third party Vendors. Any voucher you purchase shall be redeemable only for the specified goods or services from the relevant Vendor of the goods and services and shall only be available for redemption during the period specified on the voucher. The Vendor, and not cudo.com.au, is the seller and supplier of the goods and services to which the voucher relates and is solely responsible for honouring any voucher you purchase.
14.3 In relation to goods provided by a third party on redemption of a voucher, you acknowledge that the third party vendor is the supplier of the goods, and not cudo.com.au.
14.4 To the extent permitted by law (including the Australian Consumer Law), we make no warranty or representation regarding the standard of any goods or services to be supplied by the Vendor.
13.5 The voucher does not function as a stored-value card and cannot be redeemed incrementally, unless otherwise specified by the voucher. The voucher cannot be exchanged or redeemed for cash. A voucher cannot be combined with any other discount or promotional offer unless specified by the Vendor.
13.6 Neither cudo.com.au nor the Vendor is responsible for lost or stolen vouchers or fraudulent use (by a person other than cudo.com.au or the Vendor) of the voucher’s unique reference number.
13.7 Vouchers may contain terms and conditions (“Fine Print”) that supplement, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the Fine Print and this Agreement, the Fine Print will prevail.
13.8 Vouchers may be transferred, assigned or gifted to other persons (“Gift Recipient”) and may be redeemed by the Gift Recipient in accordance with this Agreement.
15. Use and redemption of a cudo.com.au/theplate experience
15.1 Details of the experience will be accessible via your cudo.com.au account.
A purchase confirmation will be emailed to you, with an option to view/manage the booking. We cannot be held liable nor responsible for any loss suffered as a result of an experience not being received by you due to circumstances beyond our reasonable control.
15.2 All experiences sold on the Website are offered on behalf of third party Vendors. Any experiences you purchase shall be redeemable only for the specified goods or services from the relevant Vendor of the goods and services and shall only be available for redemption during the period specified on the offer. The Vendor, and not cudo.com.au/theplate, is the seller and supplier of the goods and services to which the offer relates, and is solely responsible for honouring any experiences you purchase.
15.3 In relation to goods provided by a third party on redemption of a experience, you acknowledge that the third party vendor is the supplier of the goods, and not cudo.com.au/theplate.
14.4 To the extent permitted by law (including the Australian Consumer Law), we make no warranty or representation regarding the standard of any goods or services to be supplied by the Vendor.
14.5 Experiences may contain terms and conditions (“Fine Print”) that supplement, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the Fine Print and this Agreement, the Fine Print will prevail.
14.6 Experiences may be transferred, assigned or gifted to other persons (“Gift Recipient”) and may be redeemed by the Gift Recipient in accordance with this Agreement.
14.7 Experiences advertised on cudo.com.au may also be advertised on cudo.com.au/theplate as a Flash Sale. Only throughout the duration of the Flash Sale can customers purchase this experience at that advertised price point. Once the Flash Sale has concluded, the price point will return to the original campaign price.
16. Vouchers: Availability of goods and services and scheduling
16.1 You agree and acknowledge that:
16.1.1 where Vendors offer services on the basis of “sessions” or otherwise on a time basis, the advertised duration may be indicative and approximate;
16.1.2 the Vendors are under no obligation to give you priority over other, full paying or ordinary customers in respect of booking or scheduling for their services, and all services are rendered subject to availability;
16.1.3 where Vendors offer an experience based on an itinerary or schedule of events, the scheduling of or order for those events may vary from time to time;
16.1.4 the Vendors of certain types of experiences may impose conditions such as a minimum age or other restrictions regarding weight, health or other factors. It is your responsibility to confirm details of any restrictions that may apply from the Vendor prior to purchasing any voucher, or finalising any booking to confirm that you are able to comply;
16.1.5 photographs appearing on our Website to illustrate details of offers of Vendors are generally those made available to us by Vendors or chosen by us. They are intended to be indicative only of the services, venues and locations at which services are offered by Vendors. For example, they may depict only one of various venues and locations at which the services are offered and, given your geographic location, this may not be the venue or location applicable to you;
16.1.6 a representation on the Website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;
16.1.7 restaurant menus advertised on the Website are indicative only and subject to change without notice; and
16.1.8 where Vendors offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments), you agree that these may need to be scheduled at intervals to be determined in consultation with the Vendor, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.
17.1 All service products are offered by Vendors 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).
17.2 We do not guarantee that services will be available at your preferred date and time.
17.3 Bookings are made subject to any supplier policies.
17.4 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 Vendor will apply at all times. Please ensure that you check the cancellation policies of the Vendor before booking.
17.5 If required by the Vendor, 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.com.au nor the Vendor 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.
18. Restaurant specific vouchers
18.1 For the purposes of this section, a ‘Restaurant’ will mean any Vendor that offers food and/or beverages for sale in its regular business.
18.2 Restaurant vouchers and experiences will be “dine-in” unless otherwise stated.
18.3 Restaurant vouchers and experiences 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.
19. Important information relating to health or nutritional products
19.1 Nothing contained on the website is intended to be or should be taken for Medical Diagnosis or Treatment
The information and statements provided on the Website with respect to any health or nutritional product that we retail from time to time is not intended to diagnose, treat, cure or prevent any disease. Such information and statement with respect to any product is for general knowledge only and should not be relied upon.
19.2 Medical advice is required for any health or nutritional related treatment or condition and for dosages of the pharmaceutical product supplied via the Website.
19.3 You take full and total responsibility for what you do with this information and any resulting outcomes from your actions.
19.4 All information contained on the Website, or any information contained on or in any product packaging or labels, is not intended as, nor is it implied to be a substitute for, professional medical advice.
19.5 Always seek the advice of your Pharmacist or General Practitioner when making decisions concerning starting any new medical treatment, continuing with medical treatment, or with any questions you may have regarding any health or nutritional related treatment or condition.
20. Vouchers: Bookings and cancellations
20.1 All services promoted on the Website are offered by Vendors subject to availability. Some services will require booking in advance. For the redemption of all vouchers, we recommend making bookings as soon as possible once the deal becomes valid. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at your preferred date and time.
20.2 Bookings for the redemption of goods and services in exchange for the supply of vouchers are made subject to any Vendor policies. If you cancel your booking your voucher may be void, or you may incur a cancellation fee payable to the Vendor. Unreasonably short notice cancellations may result in the cancellation of your voucher if the Vendor is unable to fill your space.
20.3 Vendors reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Except as required by law (including the Australian Consumer Law), we will not be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.
21. The Plate: Bookings and cancellations
21.1 All services promoted on cudo.com.au/theplate are offered by Vendors subject to availability. All services will require booking at the time of redeeming the experience.
21.2 Bookings for the redemption of goods and services are made subject to any Vendor policies. If you cancel your booking with 24 hours of your allocated time, your experience may be void, or you may incur a cancellation fee payable to the Vendor. Unreasonably short notice cancellations may result in the cancellation of your experience if the Vendor is unable to fill your space.
21.3 Vendors reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Except as required by law (including the Australian Consumer Law), we will not be held liable for such events and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person.
21.4 Booking fees associated with cudo.com.au/theplate is a non-refundable booking fee
22. Voucher expiry and extension
22.1 The voucher expires on the date indicated on the voucher.
22.2 Expired vouchers are non-refundable in whole or part. Once expired, vouchers are no longer valid and will not be honored by the Vendor.
22.3 Some Vendors 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.
23. Voucher refunds
23.1 Upon receipt of your query, we will endeavor to contact the Vendor and resolve the issue on your behalf. If your query cannot be resolved, we will provide you a remedy in accordance with these terms and conditions and your statutory rights.
23.2 You will be entitled to a refund or rebooking or other remedy (in accordance with your statutory rights) when:
23.2.1 the Vendor fails to or cannot provide the goods or services within the validity period;
23.2.2 the goods or services supplied by the Vendor are not reasonably fit for the purpose described, not of acceptable quality, or the goods or services are materially different to what we advertised;
23.2.3 the goods or services are not provided within a reasonable time, taking into account the validity period of the voucher; or
23.2.4 we have chosen to withdraw the goods or services from sale.
23.3 We will only refund you, in accordance with clause 20.2.1, where you have made reasonable attempts to use your voucher during the validity period, and you can provide reasonable evidence of your attempts. All services promoted on the Website are offered by Vendors subject to availability. Neither cudo.com.au nor the Vendor is responsible where you are unable to redeem your voucher for reasons beyond our or the Vendor’s control, including where you are unable to redeem your voucher because, through reasons of your own, cannot meet available booking/redemption times. We will review each claim on a case-by-case basis in accordance with our refund policy.
23.4 Where an appointment or booking is cancelled for reasons beyond the Vendor’s control (including for bad weather or breakdowns), you must allow the Vendor opportunity to provide you with alternative booking times, subject to the availability of appointments and the terms of the voucher. If available within a reasonable period of time after the expiry of the voucher, the Vendor may provide you with a booking after the validity period. You will be entitled to a refund where:
23.4.1 your booking or appointment is cancelled by the Vendor consecutively more than 3 times within the validity period; or
23.4.2 if required, you are provided with an alternative booking or appointment outside the validity period, which is subsequently cancelled by the Vendor.
23.5.1 contact the Vendor within any advertised “Book By” date; or
23.5.2 make reasonable attempts to secure a booking during the validity period; your voucher will be void and non-refundable.
23.6 Expired vouchers are non-refundable. We do not allow refunds or returns for change of mind. If you are eligible for a refund you may choose to accept a store credit instead of a cash refund.
24. Complaints or problems
24.1 We have no liability (including for loss or damage) for any act, omission or default, whether negligent or otherwise of any Vendor.
24.2 If you wish to make a complaint in respect of a Vendor, you must email that complaint to email@example.com.
24.3 Notwithstanding the nature of the complaint, refunds will only be provided in accordance with or Refunds Policy.
25. Links to third party websites
25.1 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.
25.2 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.
26. Transfer and Assignment
26.1 You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
26.1.1 we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
26.1.2 we shall be entitled to assign the benefit of any agreements we have with you to the third party.
27.1 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) 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.
28. Shopping: Supply and delivery of goods
28.1 Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavors to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.
28.2 A signature may be required for some deliveries, and you are responsible for ensuring you are able to accept delivery. We will not be held liable:
28.2.1 for late delivery where attempted delivery has occurred on or before the delivery time-frames;
28.2.2 lost or missing parcels that have been signed for at your selected delivery address (regardless of whether or not you have personally accepted delivery);
28.2.3 for lost or missing parcels left at your chosen location where you have expressly given authority to leave with the item’s carrier.
28.3 Vendors utilise their own shipping and distribution networks and may charge different rates for shipping on goods.
29. Shopping: Packaging and labelling
29.1 We endeavor to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
29.2 We recommend that you read the labels and instructions on foodstuffs or other consumables prior to consumption or use.
29.3 Because some goods are imported or originate from outside of Australia, their packaging, ingredients and size may vary from the same or similar products available in Australia.
30. Shopping: Goods out of stock
30.1 We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
31. Shopping: Software and Technology Purchases – Limitation of Liability
34.1 You acknowledge that storage media such as hard drives in laptops, external hard drives, SD cards and USB keys can fail without warning, leading to a loss of data. You should regularly back up software stored on the media. In the event that storage media ordered from us becomes faulty, fails or otherwise detrimentally affects software or data stored on it, except as required by law, we will not be liable for any loss or damage to the software or data.
34.5 If you return storage media (such as a hard disc drive) whether separately or as a part of another product, to us for any reason, including replacement or repair, we will not be responsible for any software or data stored on the media. We make no representation that we will be able to repair or replace any product without risk to or loss of the software or data.
32. Digital Access Codes (Games, Movies, and other Digital Content)
32.2 You are responsible for determining whether your PC or user device is compatible with the software or content unlocked by access codes you purchase on the site. For recommended specifications, consult the product listing, or alternatively the publisher or distributor (i.e. Steam) website. Redemption of software or content will require high-speed internet access. Your ISP may charge you additional amounts for data usage, and you must familiarise yourself with these charges prior to purchasing any access keys.
32.3 For trouble redeeming your codes, you should first contact the relevant distribution channel (i.e. Steam) for technical assistance.
31. Shopping: Change of mind returns
31.1 We cannot refund or exchange goods for change of mind or errors you made in your order. We may, at our sole discretion allow a return for store credit on a case-by-case basis, provided that the item in question is:
31.1.1 returned within 28 days of order;
31.1.2 not used or worn (with original tags and/or packaging); and
31.1.3 not damaged in any way.
If we allow a return in these circumstances, we will ask you to follow our returns process.
31.2 We will provide you with a refund or store credit only when we receive the returned product. You are responsible for payment of return postage on your order. Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, swimwear and adult toys due to hygienic reasons. Remedies for defective goods are still available.
32. Shopping: Defective goods
32.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
32.2 Goods that you purchase from us may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by us and rights you may have in relation to those warranties are separate to any warranty rights given to you by us. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
33. Shopping: Process for returns and refunds for damaged, faulty or incorrect items.
33.1 When seeking a return on a product that is damaged, faulty, or incorrect, please contact us via firstname.lastname@example.org.
Once contacted, we will investigate your issue and advise you whether your product may be returned and, where required, provide you with a return authorisation and instructions on how to return your goods, with which you must comply.
33.2 Once an item is returned, we will either inspect your goods and investigate any claimed defect or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer’s instructions, used in an abnormal way or where there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
33.3 Refunds for damaged, faulty, or incorrect products will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.
33.4 We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
34. Purchase and sale of alcohol
34.1 We support the Responsible Service of Alcohol. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
34.2 Certain laws may declare your area a dry zone. As a consequence, we may be unable to deliver orders for alcohol to certain addresses. Please check with your local authorities before placing an order if you believe you may be in a dry zone.
34.3 By placing an order for alcohol, you represent and warrant that you and/or the recipient of the alcohol are at least 18 years old. It is an offence to falsely represent a person is of legal age to order alcohol and to obtain alcohol on behalf of a person who is under 18 years. You may be required to provide a valid ID for proof of age and sign on delivery.
35. Communication by us
35.1 As a condition of registering for cudo.com.au, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
35.1.1 “Administrative Emails” involve details of account activity and purchases you have made; and
36.1 Users (referred to as “Referrers”) are able to earn cudo.com.au credits by referring others to use cudo.com.au (and may also be awarded credits by cudo.com.au).
36.2 We reserve the right to alter the value of cudo.com.au credit to Referrers and the duration of credit at any time.
36.3 If your registration on our Website is cancelled or terminated by us in accordance with these terms and conditions, any accrued cudo.com.au credits will be forfeited.
36.4 You may also be able to earn cudo.com.au credits by undertaking other tasks, such as posting purchased cudo.com.au deals to Facebook or Twitter.
36.5 You may apply cudo.com.au credits to the purchase price of a Website voucher. For example, if you have $20 cudo.com.au credit and wish to purchase a voucher that costs $25, you would also need to spend $5 on your credit card along with $20 cudo.com.au credit to purchase the deal. cudo.com.au credits cannot be used for deals that cost less than $10 (that is, the relevant deal itself costs less than $10) or for Click and Claim. A maximum cudo.com.au credit up to a value of $500 may be used for any single purchase.
36.6 We reserve the right to alter the amount and ratio of cudo.com.au credits we grant at our absolute discretion. We also reserve the right to cancel members’ cudo.com.au credits if they have breached these terms and conditions.
36.7 cudo.com.au credits refunds will expire 365 days after they have been credited to your account. cudo.com.au credits are not transferable or assignable and cannot be redeemed in any way other than in accordance with clause 33.
36.8 Store credits issued by cudo.com.au cannot be used on The Plate, Shopping or Travel deals. or vice versa.
37. Vendor terms & conditions
37.1 Any terms and conditions of the specific Vendor will always apply in addition to any specific terms of the goods and services as stated by the Website. For example, if a Vendor 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 Vendor’s usual terms and conditions.
38. Governing law
38.1 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.
39. Identification requirements
39.1 We may restrict sales quantities to each member to normal household quantities in order to enable all of our members to have a chance of purchasing the products they desire.
39.2 In an effort to prevent fraudulent use of credit cards or other payment options, we will make reasonable efforts to validate the legitimacy of the order and/or the cardholder’s identity, which may include requesting proof of identity. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will proceed with an ID check to confirm the order is bona fide. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order, and you will be notified.
40.1 We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
40.2 This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia.
40.3 If any part of this Agreement is found to be void, unlawful or unenforceable, then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
40.4 If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
41. Privacy and Personal information
42.1 e-Gifts Cards may be purchased at any time from our website. By purchasing an e-Gift Card, you accept the terms associated with the e-Gift Card. These include;
42.2 The expiry date of a valid e-Gift Card is 3 years from the date of purchase.
42.3 to use e-Gift Card credit, you must redeem the code from our website.
42.4 You must be a new member, or existing member with an active account to be able to redeem the value of the e-Gift Card.
42.5 Any unused credit past expiry date, will be deemed as forfeited by you, the customer.
42.6 You must treat e-Gift Card as cash. Lost or stolen e-Gift Cards may not be replaced or refunded. If you suspect any fraudulent transactions using your e-Gift Card, please contact us immediately. We may not reimburse you for any transactions conducted by an unauthorised person prior to your informing us of the e-Gift Card’s loss. You will be protected from any subsequent loss if you satisfy certain conditions.
42.7 Please note that e-Gift Cards purchased in New Zealand are not redeemable in Australia and vice versa.
42.8 e-Gift Card credit is only redeemable on local experiences. e-Gift Card credit cannot be used on any Travel or Shopping deals or Click and Claim.
42.9 The e-Gift Card is not a credit card or debit card and is not redeemable for cash under any circumstances.
42.10 e-Gift Cards cannot be used for face to face transactions at vendors.
42.11 You may make any number of purchases until the balance has dropped to zero.
42.12 All transactions (whether by you or someone else) are your responsibility, subject to these Terms and Conditions.
42.13 You can check your credit balance or view your transactions at any time by visiting your ‘My Account’ tab.
42.14 Promo codes and/or store credit cannot be used to purchase any e-Gift Cards.
42.15 e-Gift Cards cannot be used on cudo.com.au/theplate
42.16 We reserve the right to amend or change all or any part of the above terms and conditions.
Cudo UGC Policy
BE A PART OF THE SCOOPON LIFE!
WANT TO BE FEATURED ON OUR SOCIAL MEDIA CHANNELS AND WEBSITES?
We have millions of Australians engaging with us via email, on our website, app, Facebook and Instagram. For your chance to be featured and used in our ad campaigns, just include our tags and handles in your social media activity.
You can find us at –
- Web: www.cudo.com.au
- Facebook: @scoopon
- Instagram: @scooponau
- Blog: blog.cudo.com.au
- Hashtag: #scooponlife
We will always credit you and retag you so you can see the post if we choose to repost your content.
WHAT OUR MARKETING TEAM WOULD LOVE TO SHARE.
Our people, experiences, holidays and places to go connect people. It should always showcase a warm sense of belonging, and people enjoying and sharing a moment. We use bright, primary colours that show people enjoying themselves surrounded by friends and family. When people see our photos, they will think “That can be us”.
We love a video because we believe it’s a great way to showcase unforgettable moments . We’re looking for 15 second edits at most and ideally without music, subtitle / copy overlays or voice. If you film this vertically on your phone, that would be great too. But, keep in mind what you have rights to. T-shirts with brand names splashed across as an example, isn’t permitted without the brand’s written permission so best to steer clear of obvious branding.
TERMS & CONDITIONS: USER GENERATED CONTENT POLICY
This Policy is between you and Cudo.com.au Pty Ltd (ACN 149 779 948) (referred to in this policy as ‘we’, ‘us’ or ‘our’).
(a) There may be facilities in the Site(s) for you to submit or post Content to the Site(s). For Content you submit for posting to the Site(s) (in whatever format):
(i) you absolutely and unconditionally assign (and agree to use your best endeavours to procure any relevant third parties to absolutely and unconditionally assign) to us all right, title and interest in all intellectual property rights in any Content you submit to the Site(s);
(ii) you agree that whether and in what form the Content is published on the Site(s) is at Cudo’s sole discretion;
(iii) you give unconditional consent for the Content to be altered, edited or adapted as Cudo or a sub-licensee thinks fit, including in a way that would otherwise be a breach of your moral rights. This consent extends to licensees and successors in title, and to all persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright;
(iv) you agree that you do not require, nor does anyone else require, attribution for the Content; and
(v) you acknowledge that you may be held legally responsible for the Content you submit. You acknowledge that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.
(b) For Content you submit for posting to the Site(s) (in whatever format) you agree not to:
(i) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, pornographic, defamatory, vulgar, obscene, related to gambling, libelous, invasive of another’s privacy, hateful, or radically, ethnically or otherwise objectionable, including but not limited to;
(A) Content that depicts or alludes to or promotes offensive or illegal behaviour;
(B) Content that exploits people in a sexual or violent manner;
(C) Content that harasses or advocates harassment of others;
(D) Content that promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
(E) Content that contains nudity, violence, or contains a link to an adult website;
(F) Content that provides any telephone numbers, street addresses, last names, personal banking or financial information, URLs or email addresses;
(G) Content that promotes information that the user knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(H) Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy or creating computer viruses; or
(I) Content that includes a photograph or image of another person or another person’s property that has been submitted without that person’s consent (or where that person is under the age of majority under an Applicable Law, the consent of their parent or legal guardian);
(i) impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity;
(ii) upload, post, transmit or otherwise make available any Content that you do not have the right to make available under any Applicable Law or under any contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as a part of employment relationships);
(iii) upload, post, transmit or otherwise make available any Content that infringes any patent, trade mark, confidential information, copyright or other proprietary rights of any party;
(iv) upload, post, transmit or otherwise make available any unsolicited or unauthorised advertising and promotional materials; or
(v) upload, post, transmit or otherwise make available any material that contains software viruses or any malicious code;
(c) By posting Content to the Site(s) you warrant that:
(i) you have the rightful power and authority to provide the Content in the form and manner and name in which it is submitted;
(ii) you own the Content and have the right to assign copyright ownership and other Intellectual Property Rights in the Content to us;
(iii) the Content does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity;
(iv) the Content does not contain material that is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libelous, offensive or objectionable;
(v) if the Content in any way includes third parties or the property of third parties, that you have obtained the required consents and releases from those third parties (or their parents or legal guardians, as applicable) to include them in your Content;
(vi) your Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
(vii) your Content does not contain material that has been previously broadcast, streamed, published or televised in any way;
(viii) you will not post Content or use the Site(s) for the purpose of advertising, promoting or soliciting any goods or services or otherwise engage in trade or commerce;
(ix) during the course of creating your Content your conduct was not illegal, contrary to any Applicable Law, indecent, obscene, threatening, discriminatory or harassing to any person; and
(x) you agree to your Content being available on the Site(s) for public viewing and comment and that your Content may be used by Cudo or its related parties in any media for an unlimited period of time without remuneration or compensation for any purpose in our sole discretion.
MONITORING OF CONTENT
(a) You acknowledge that Cudo may or may not pre-screen Content, and that there is no obligation on Cudo to pre-screen Content, and that Cudo shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content provided by you.
(b) Without limiting paragraph (a), you agree that Cudo may edit, remove or not publish any Content if it considers that:
(i) the Content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt;
(ii) the Content is false or misleading;
(iii) publication of the Content will infringe intellectual property rights (including copyright) or a person’s moral rights;
(iv) the Content is abusive, offensive or obscene; or
(v) the Content is otherwise in breach of these Terms and Conditions.
(c) Although we may from time to time monitor or review Content, discussions, chats, postings or other contributions to the Site(s), we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication.