Terms and Conditions
  • User Agreement

    By visiting and/or using the mushydeals.com.au website, you agree to be bound by the terms of this agreement.

    This agreement is formed between you and MushY Deals (“us” or “we”). “you’, “user”, “member” means anyone who visits the website.

    We may modify this agreement at any time and such modifications shall be effective immediately upon posting.

  • Legal Capacity
    • By Making an online purchase you accept these terms and conditions and acknowledge that you:

      Are over eighteen (18) years of age, and/or
      Are entering into a legal contract with us.

  • 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 and activate an account, you must provide personal information such as your name, address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.

    For promotional purposes we may display the usernames of the last few ordered received. This will be in the form of – ‘username Xth order just bought xxxx’

    You are solely responsible for the activity that occurs on your account, and must keep your account password secure.

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

  • Disclaimer

    For orders on mushydeals.com.au, the prices are listed at the time of your order in the product page apply. The prices are final prices inclusive of GST and all other price components excluding shipping costs. 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.

  • Supply of website services to you/ Termination

    We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change (i.e. alter, remove or add functionality) the website any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to change

    We may stop (temporary or permanently) providing access to the website to you or to members generally, at our discretion and without prior notice to you.

    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.

  • Using the website

    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.

  • Website Information

    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.

  • 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
      the payment of the cost of resupply of the services.

  • 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 being issued.

    If your payment is not received or declined by your bank or credit card issuer, we cannot 'hold' vouchers on your behalf.

  • Delivery of MushY Deals voucher

    Subject to this agreement, we will provide you with a MushY Deals voucher for the product shown on your order confirmation.

    All vouchers are only delivered by email

    We cannot be held liable or responsible for any loss suffered as a result of a voucher not being received by you.

  • Voucher redemption / Supply of product

    The voucher you purchase is redeemable for the specified product from the relevant merchant. The relevant merchant, not mushydeals.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 mushydeals.com.au , 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.

  • Refund Policy

    You understand and agree that MushY Deals vouchers are non refundable and cannot be exchanged or redeemed for cash, for example, because you have changed your mind, are unable to use the MushY Deals voucher or the MushY Deals voucher has been damaged, lost or stolen.

    Any refunds will generally be the responsibility of the supplier. If considered appropriate and deemed the negligence of the Supplier, the Supplier will at their discretion either allow users to a refund for a renewed voucher or refund the cash amount. The amount will be identical amount paid by the user for the product/ service and not include increments.

  • 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

    We do not accept any deals that promotes with alcoholic beverages.

  • Communication by us
    • As a condition of registering for mushydeals.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.

  • 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 mushydeals.com.au. 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 Victoria. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.